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<br /> <br /> <br /> B. a summary of the facts upon which the disciplinary action is based, <br /> <br /> C. a statement advising the employee that written notice of the disciplinary action is to be <br />placed in his/her official personnel file and that the employee has the right to appeal under <br />the disciplinary appeal procedure set forth in this section. The written notice of <br />disciplinary action may be either personally served or mailed to the employee by certified <br />mail, return receipt requested, addressed to the last address which the employee has <br />furnished the City. <br /> <br />25.5 Appeal Process <br /> <br />The Union or Human Resources may appeal the department head’s determination to the City <br />Manager within twenty (20) calendar days of the rendering of the decision. Any such appeal <br />shall be in writing, and shall include the specific reasons for the appeal and a statement of the <br />desired remedy. The City Manager, or his/her designee, shall investigate the merits of the <br />appeal and attempt to resolve the disciplinary issues. <br /> <br />25.6 Arbitration <br /> <br />In the event the parties are unable to resolve the disciplinary case, either the Union or the City <br />may refer the case to an impartial arbitrator who shall be selected by mutual agreement between <br />the Union and the City Manager or his/her designee. The fees and expenses of the arbitrator <br />and of a Court Recorder shall be shared equally by the Union and the City. Each party, <br />however, shall bear the cost of its own presentation, including preparation and post hearing <br />briefs, if any. <br /> <br />The decision of an Arbitrator on matters properly before them shall be final and binding on the <br />parties. <br /> <br />Section 26. Grievance Procedure <br /> <br />A. A grievance shall be defined as any dispute which involves the interpretation or <br />application of any provision of this Memorandum of Understanding, or those City <br />personnel rules, or pay plan, which fall within the scope of representation. Specifically <br />excluded from the grievance procedure are performance evaluations and denial of merit <br />step increases plus any other matter which provides for a separate appeal process. <br /> <br />B. 1) Within fifteen (15) working days of the occurrence or discovery of an alleged <br />grievance, any employee who believes that he/she has a grievance shall discuss such <br />grievance with such management official in the department in which he/she works as <br />the department head may designate. If the issue is not resolved within the department, <br />the procedures hereinafter specified may be invoked. <br /> <br /> 2) The employee or their representative shall notify Human Resources or designated <br />representative in writing within fifteen (15) days after discussion of the grievance with <br />the management official in the department in which the employee works that a <br />grievance exists, and in such notification state the particulars of the grievance and if <br />possible, the nature of the determination which is desired. The Human Resources <br />Manager or designated representative shall thereafter investigate the issues involved, <br />and within fifteen (15) days after written notification by the Union. No grievance may <br />22