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C. The Department Head or City Manager or designee shall deliver the <br />written response to the employee within ten (10) calendar days after <br />meeting with the employee. <br />2. Step 2. <br />a. Filing the appeal: If the employee is not satisfied with the <br />Department Head's or City Manager's or designee's decision, they <br />(or their representative) shall submit a written notice of appeal to be <br />submitted to an impartial arbitrator for a final and binding decision. <br />Such written notice of appeal shall be submitted in writing to the <br />Executive Director of Human Resources or designee within ten (10) <br />calendar days of receiving the written decision from the Department <br />Head or City Manager or designee. <br />b. The City and Association shall create and maintain a list of three (3) <br />to five (5) mutually approved arbitrators. <br />C. The City and Association shall select an arbitrator from the standing <br />list via the striking method. The parties shall mutually agree which <br />party strikes the first name. If the parties cannot mutually agree, the <br />parties shall toss a coin to determine who shall strike the first name. <br />Once the arbitrator is selected, the parties will contact the arbitrator <br />to schedule a hearing. <br />d. If none of the identified arbitrators are able to take the case, then the <br />parties will request a list of seven (7) arbitrators from the State <br />Mediation and Conciliation Services. Once the list is received, the <br />representatives of the parties shall strike names until an arbitrator is <br />chosen. The parties shall mutually agree which party will strike the <br />first name. If the parties cannot mutually agree, the parties shall toss <br />a coin to determine who shall strike the first name. Once the <br />arbitrator is selected, the parties will contact the arbitrator to <br />schedule a hearing. <br />C. Hearing Process: During the hearing, the formal rules of evidence <br />do not apply. The cost of the arbitrations, including but not limited <br />to the list of arbitrators, the arbitrator themselves, and the court <br />reporter, shall be split evenly between the City and the Association. <br />The arbitrator's decision will be final and binding. The arbitrator <br />shall issue the decision within thirty (30) calendar days from the <br />conclusion of the hearing, unless the parties agree otherwise. <br />15.3 Informal Appeals Procedure <br />A. Informal Appeals Procedure, as opposed to the formal procedures, shall be used for <br />written reprimands. <br />CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: JULY 1, 2022 THROUGH JUNE 30, 2025 <br />Page 52 <br />