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24 Local 21/SLCEA Memorandum of Understanding January 1, 2022 – December 31, 2024 is absent without leave and no person at the address to which the certified mail is sent signs for such certified mail, then it shall be presumed that the notice was delivered as the date the postal service returns the certified mail to the return address. Notice of mailing shall be sent to the Union. 26.3 Departmental Action Prior to Imposition of Discipline Except in cases of emergency, at least five (5) working days prior to the effective date of any disciplinary action against employees with permanent status, the department head or person authorized by them shall give the employee written notice of the proposed disciplinary action, reasons for such action, a copy of the charges and material upon which the action is based, the right to respond either orally or in writing, or both, to the department head or designee proposing the disciplinary action prior to the effective date of such disciplinary action. The City agrees to provide the Union with a copy of any letter or memorandum proposing or notifying disciplinary action that is sent to Human Resources and/or the employee. An employee or the employee's representative, on presentation of written authorization from the employee, may have access to the employee's personnel file. The City shall furnish the employee copies of all letters of reprimand/warning prior to placement of such documents into the employee's personnel file. The employee is afforded the opportunity to respond in writing to the contents of letters of reprimand/warning. Such responses shall be filed with Human Resources within thirty (30) working days from the date of such reprimand/warning. 26.4 Notice of Disciplinary Action Whenever a disciplinary action is taken against an employee, the employee shall be notified in writing. Such notification shall include but is not limited to: A. a statement of the disciplinary action taken against the employee, B. a summary of the facts upon which the disciplinary action is based, C. a statement advising the employee that written notice of the disciplinary action is to be placed in their official personnel file and that the employee has the right to appeal under the disciplinary appeal procedure set forth in this section. The written notice of disciplinary action may be either personally served or mailed to the employee by certified mail, return receipt requested, addressed to the last address which the employee has furnished the City.