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ARTICLE XVI 16.0 DISCIPLINE 16.1 Any permanent employee covered by this MOU may only be disciplined in accordance with the standards and procedures and subject to all rights of appeal set forth in Santa Ana Municipal Code Sections 9-9, 9-10, 9-118.1, et seq. Any probationary employee covered by this MOU may be disciplined in accordance with the standards and procedures set forth in Santa Ana Municipal Code Sections 9-90, 9-91, 9-118, and subject to review in accordance with the grievance review procedure contained in this MOU. The City and the Union agree that for suspension, demotion and termination the employee may appeal imposed discipline to the Personnel Board. However, the employee and the City may by mutual agreement, delegate the hearing of the appeal to a Hearing Officer. The Hearing Officer shall be a neutral individual with training and experience in administrative law and due process who shall conduct an evidentiary hearing and make findings on employee disciplinary appeals. The City will request a list of hearing officers from the State Mediation and Conciliation Service and will jointly strike names to select the hearing officer. The first strike will be determined by a flip of a coin. Such findings and recommendations shall be submitted to the Personnel Board. The Personnel Board shall consider the Hearing Officer's report within sixty days after it is issued. The Personnel Board has the power to adopt, modify or reject the findings and recommendations of the Hearing Officer based upon the record. The City shall pay for the Hearing Officer. Per Government Code section 3304.5, the Parties also agree that for any form of "punitive action" as defined by the. Public Safety Officers' Procedural Bill of Rights not addressed above and which does not result in the loss of property, the appeal of such punitive action is an appeal to the Chief of Police. The Chief s decision following the appeal is the final decision in the City, subject to review in court per Code of Civil Procedure section 1094.5. 16.2 In addition, a new section shall be added to the Municipal Code to provide as follows: A. In the event an employee is ordered to absent himself from the job based on probable cause and it is subsequently determined by the Police Chief, the City Manager, Personnel Board or a court of competent jurisdiction, that cause did not exist for the ordered absence, the employee shall have restored to him any paid leaves of absence against which such absence may have been charged, and he shall be granted a retroactive leave of absence with pay for the time during which he was prohibited from performing the duties of his position, less any compensation paid to him by the City during such ordered absence unless such employee waives his/her rights to retroactive pay. B. In the event an employee is reduced, suspended and/or discharged, and upon appeal the City Manager, Personnel Board or a court of competent jurisdiction does not sustain such reduction, suspension, and/or discharge, the employee shall be entitled to his base rate or salary including all additives, vacation, and sick 55 65D-63