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ARTICLE XVIII <br />18.0 DISCIPLINE <br />18.1 An employee covered by this MOU may only be disciplined in accordance with the standards <br />and procedures and subjects to all rights of appeal set forth in Section 1000d of the City <br />Charter and Municipal Code Sections 9-9, 9-10, 9-118.1 et. seq. <br />18.2 hi addition, a new section shall be added to the Municipal Code to provide as follows: <br />A. hi the event an employee is ordered to absent himself from the job based on probable <br />cause and it is subsequently determined by the Police Chief, the City Manager, <br />Personnel Board or a court of competent jurisdiction, that cause did not exist for the <br />ordered absence, the employee shall have restored to him anypaid leaves of absence <br />against which such absence may have been charged, and he shall be granted a <br />retroactive leave of absence with pay for the time during which he was prohibited <br />from performing the duties of his position, less any compensation paid to him by the <br />City during such ordered absence. <br />B. hi the event an employee is reduced, suspended, and/or discharged, and upon appeal <br />the City Manager, Personnel Board or a court of competent jurisdiction does not <br />sustain such reduction, suspension, and/or discharge, the employee shall be entitled <br />to his base rate of salary including all additives, vacation, and sick leave as if such <br />unsustained reduction, suspension, or discharge had not been invoked. However, in <br />no event shall an employee be entitled to any salary credit for vacation and sick leave <br />for any period of time covered by a suspension sustained on appeal or for any period <br />of time waived by the employee as a condition to the granting of a continuance of any <br />hearing on appeal. <br />C. If, during an absence for which an employee is paid pursuant to this Section, he <br />earned any money which he would not have earned had he continued to perform the <br />duties of his position, such sum shall be deducted from the salary otherwise payable <br />to him pursuant to this Section. <br />45 <br />#11140v2 <br />55F-53 <br />