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D. Any resolution of the grievance at the informal stage by any person <br />other than a middle manager or above shall not become precedent <br />or be used to establish past practice regarding implementation, <br />interpretation, or application of this MOU. <br />15.3 Formal Process. <br />A. Second Step. The Department Head or his or her designated <br />representative shall meet with the employee and/or the employee's <br />designated representative within fifteen (15) business days after the <br />grievance has been submitted to the Department Head. The <br />Department Head, or his or her designated representative, shall review <br />the grievance and may affirm, reverse or modify the disposition made <br />at the First Step and shall deliver his or her answer to the employee <br />and/or the employee's designated representative within ten (10) <br />business days after this meeting. <br />B. Third Step. If the grievance is not satisfactorily resolved at the Second <br />Step, the employee and/or the employee's representative may submit <br />the grievance in writing to the City Manager or his or her designated <br />representative within thirty (30) days of being informed of the <br />disposition made at the Second Step. Failure of the grievant and/or his <br />or her designated representative to take this action shall constitute a <br />waiver and bar to the grievance, and the grievance shall be <br />considered settled on the basis of the disposition made at the Second <br />Step. <br />The City Manager or his or her designated representative shall meet <br />with the employee and/or the employee's designated representative <br />within fifteen (15) business days after submission of the grievance. The <br />City Manager, or his or her designated representative, after careful <br />review, may affirm, reverse, or modify the disposition made at the <br />Second Step and his or her decision, which shall be final and binding, <br />shall be delivered in writing, to the employee and/or the employee's <br />designated representative within fifteen (15) business days after this <br />meeting. <br />A copy of the written grievance to the City Manager, or his or her duly <br />authorized representative, and of the City Manager's or his or her <br />representative's written decision, shall be filed in the personnel records <br />CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: JANUARY 1, 2019 THROUGH JUNE 30, 2022 <br />Page 63 <br />#10865v2 <br />