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2022-2025 MOU City of Santa Ana & SEIU Full-Time Employees Unit Page 72 <br />mutually agree which party strikes the first name. If the parties cannot mutually <br />agree, the 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 to schedule <br />a hearing. <br />C. Hearing Process: During the hearing, the formal rules of evidence do not apply. <br />The cost of the arbitration including but not limited to the list of arbitrators, the <br />arbitrator themselves, and the court reporter shall be split evenly between the City <br />and Union. The arbitrator’s decision shall be final and binding. The arbitrator shall <br />issue their decision within thirty (30) calendar days from the conclusion of the <br />hearing, unless the parties agree otherwise. <br />16.4 Alleged Violations of City Rules, Regulations, and Policies. <br />A. If an employee, group of employees, or Union (grievant) believes there has been a <br />violation, misapplication, or misinterpretation of a City rule, regulation, or policy, <br />the grievant may file a grievance within ten (10) calendar days of the alleged <br />violation, misapplication, or misinterpretation or when the grievant knew or should <br />have reasonably become aware of the facts giving rise to the grievance. <br />B. Step 1. <br />1. A grievant must submit a grievance in writing to the Executive Director of <br />Human Resources or designee. <br />2. The Department Head shall meet with the employee within ten (10) calendar <br />days after submission of the grievance. <br />3. The Department Head shall deliver the Step 1 written response to the employee <br />within ten (1) calendar days after meeting with the employee. <br />C. Step 2. <br />1. If the grievant is not satisfied with the Step 1 response, the grievant must <br />submit the grievance in writing to Step 2 to the Executive Director of Human <br />Resources or designee within ten (10) calendar days of receiving the Step 1 <br />response. <br />2. The City Manager or designee shall meet with the employee within twenty- <br />one (21) days after submission of the Step 2 grievance. The City Manager or <br />designee may affirm, reverse, or modify the decision made at Step 1. <br />3. The City Manager or designee shall deliver the Step 2 written response to the <br />employee within ten (10) calendar days after meeting with the employee.