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<br />appeal. The Department Head or City Manager or designee may <br />affirm, reverse, or modify the disciplinary action. <br />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. <br />c. <br />The City and Union shall create and maintain a standing list of three <br />(3) to five (5) mutually approved arbitrators. <br />The City and Union shall select an arbitrator from the standing list <br />via the striking method. The parties shall mutually agree which party <br />strikes the first name. If the parties cannot mutually agree, the parties <br />shall toss a coin to determine who shall strike the first name. Once <br />the arbitrator is selected, the parties will contact the arbitrator to <br />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 />e.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 Union. The <br />arbitrator’s decision will be final and binding. The arbitrator shall <br />SANTA ANA MANAGEMENT ASSOCIATION (SAMA) MOU: 2022-2025 55