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for purposes of accruing paid leave. Paid leave which is <br />earned and accrued under this section is cumulative and may <br />be carried over from one calendar year to the following <br />provided, however, that at the end of this following <br />calendar year the maximum accrual does not exceed One <br />Hundred Seventy (170) hours. <br />Section 25. Discipline <br />25.1 Discipline <br />The City may discharge, suspend, demote or reduce the pay <br />of any employee who has completed the specified <br />probationary period, for cause including but not limited to <br />dishonesty, insubordination, drunkenness on duty, <br />incompetence, willful negligence, failure to perform work <br />as required or failure to comply with the City's reasonable <br />rules regarding safety, conduct and operations, or any <br />conduct causing discredit to the City. In the event an <br />employee feels the discharge or suspension is unjust, the <br />Union shall have the right to appeal the case through the <br />Grievance Procedure. <br />A probationary employee may be discharged at any time <br />during the probationary period, and such discharge shall <br />not be subject to appeal or grievance. <br />An employee's request for Union representation at all <br />meetings and hearings related to his/her disciplinary <br />action or discharge will be granted. <br />25.2 Presumption of Delivery <br />Any written notice shall be conclusively presumed delivered <br />to the employee on the date the written notice is <br />personally served on the employee. In the event that any <br />notice is sent to an employee by certified mail, return <br />receipt requested, the notice shall be conclusively <br />presumed delivered to the employee on the date the receipt <br />was signed. In the event the certified mail is refused, or <br />in the event the employee is absent without leave and no <br />person at the address to which the certified mail is sent <br />signs for such certified mail, then it shall be presumed <br />that the notice was delivered as the date the postal <br />service returns the certified mail to the return address. <br />Notice of mailing shall be sent to the Union. <br />25.3 Departmental Action Prior to Imposition of Discipline <br />Except in cases of emergency, at least five (5) calendar <br />days prior to the effective date of any disciplinary action <br />against employees with permanent status, the department <br />head or person authorized by him/her shall give the <br />employee written notice of the proposed disciplinary <br />23 <br />