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25.4 <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 />action, reasons for such action, a copy of the charges and <br />material upon which the action is based, the right to <br />respond either orally or in writing, or both, to the <br />department head or designee proposing the disciplinary <br />action prior to the effective date of such disciplinary <br />action. <br />The City agrees to provide the Association with a copy of <br />any letter or memorandum proposing or notifying <br />disciplinary action that is sent to Personnel and/or the <br />employee. <br />An employee or the employee's representative, on <br />presentation of written authorization from the employee, <br />may have access to the employee's personnel file. <br />The City shall furnish the employee copies of all <br />performance evaluation reports and letters of reprimand/ <br />warning prior to placement of such documents into the <br />employee's personnel file. The employee is afforded t h e <br />opportunity to respond in writing to the contents of <br />letters of reprimand/warning. Such responses shall be <br />filed with the Human Resources Director within ten (10) <br />working days from the date of such reprimand/warning or <br />performance evaluation. <br />Notice of Disciplinary Action <br />Whenever a disciplinary action is taken against an <br />employee, the employee shall be notified in writing. Such <br />notification shall include but is not limited to: <br />(1) a statement of the disciplinary action taken against <br />the employee, <br />(2) a summary of the facts upon which the disciplinary <br />action is based, <br />(3) a statement advising the employee that written notice <br />of the disciplinary action is to be placed in his/her <br />official personnel file and that the employee has the <br />right to appeal under the Grievance Procedure as set <br />forth in this Memorandum of Understanding. The written <br />notice of disciplinary action may be either personally <br />served or mailed to the employee by certified mail, <br />return receipt requested, addressed to the last address <br />which the employee has furnished the City. <br />23 <br />