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Probationary employees may be discharged for any reason which, in the sole opinion of the City, is just and sufficient, and such discharge shall not be subject to any appeal. 30.2 Presumption of Delivery: Any written notice shall be conclusively presumed delivered to the employee on the date the written notice is personally served on the employee. In the event that any notice is sent to an employee by certified mail, return receipt requested, the notice shall be conclusively presumed delivered to the employee on the date the receipt was signed. In the event the certified mail is refused, or in the event the employee 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 of the date the postal service returns the certified mail to the return address. 30.3 Departmental Action Prior to Imposition of Discipline: Except in cases of emergency, at least five (5) calendar days prior to the effective date of any disciplinary action against employees with permanent status, the Police Chief or person authorized by him or her 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, and the right to respond either orally or in writing, or both, to the Police Chief or designee proposing the disciplinary action prior to the effective date of such disciplinary action. 30.4 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: (1) a statement of the disciplinary action taken against the employee, (2) a summary of the facts upon which the disciplinary action is based, (3) a statement advising the employee that written notice of the disciplinary action is to be placed in his/her official personnel file and that the employee has the right to appeal under the Grievance Procedure as set forth in this Memorandum of Understanding. 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. Section 31. Grievance Procedure (1) A grievance shall be defined as any dispute which involved the interpretation or application of any provision of this Memorandum of Understanding, excluding all ordinances, resolutions,rules and regulations,the subject of which is not specifically covered by the provisions of this Memorandum. Such excluded ordinances, resolutions, rules and regulations shall not be subject to the Grievance Procedure. (2) Grievances as defined in (1) above shall be processed only in the following manner: (a) An employee who wishes to file a grievance shall discuss the issues with a management official in the department designated by the Police Chief. In the event the employee is not satisfied, or has not —received a response within fifteen (15) calendar days, the grievance may be referred to the Association who may seek a 19