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25 <br />SLPOA MOU January 1, 2023 – June 30, 2028 <br />employees with permanent status, the Police Chief or person authorized by them shall <br />give the employee written notice of the proposed disciplinary action, reasons for such <br />action, a copy of the charges and material upon which the action is based, and the right <br />to respond either orally or in writing, or both, to the Police Chief or designee proposing the <br />disciplinary action prior to the effective date of such disciplinary action. <br /> <br />31.4 Notice of Disciplinary Action: Whenever a disciplinary action is taken against an <br />employee, the employee shall be notified in writing. Such notification shall include but is <br />not limited to: <br /> <br />A. A statement of the disciplinary action taken against the employee; <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 <br />to be placed in their official personnel file and that the employee has the right to <br />appeal under the disciplinary appeal procedure set forth in this section. <br /> <br />The written notice of disciplinary action may be either personally served or mailed to the <br />employee by Certified Mail, Return Receipt requested, addressed to the last address, <br />which the employee has furnished the City. <br /> <br />31.5 Appeal Process: The Association or the Human Resources Director may appeal the <br />Police Chief’s determination to the City Manager within fifteen (15) calendar days of the <br />rendering of the decision. Any such appeal shall be in writing and shall include the specific <br />reasons for the appeal and a statement of the desired remedy. The City Manager, or their <br />designee, shall investigate the merits of the appeal and attempt to resolve the disciplinary <br />issue(s). <br /> <br />31.6 Arbitration: In the event the City Manager is unable to resolve the disciplinary case either <br />the Association or the City may refer the case to an impartial arbitrator who shall be <br />selected by mutual agreement between the Association and the City Manager. The fees <br />and expenses of the arbitrator and of a Court Recorder shall be shared equally by the <br />Association and the City. Each party, however, shall bear the cost of its own presentation, <br />including preparation and post hearing briefs, if any. <br /> <br />Decisions of Arbitrators on matters properly before them shall be final and binding on the <br />parties, hereto, to the extent permitted by the Charter of the City. <br /> <br />Section 32. Grievance Procedure <br /> <br />32.1 A grievance shall be defined as any dispute which involved the interpretation or application <br />of any provision of this Memorandum of Understanding, excluding all ordinances, <br />resolutions, rules and regulations, the subject of which is not specifically covered by the <br />provisions of this Memorandum. Such excluded ordinances, resolutions, rules and <br />regulations shall not be subject to the Grievance Procedure. <br /> <br />32.2 Grievances as defined in (1) above shall be processed only in the following manner: <br /> <br />A. An employee who wishes to file a grievance shall discuss the issues with a <br />management official in the department designated by the Police Chief. In the event <br />the employee is not satisfied, or has not received a response within fifteen (15)