Item 25 - MOU Between City & POA and Resolution for PMA

Home Browse Search

B. Hearing Process: During the hearing, the formal rules of evidence do not apply. The cost of the list of arbitrators, the arbitrator themselves, and the court reporter shall be split evenly (50% and 50%) between the City and the Association. Once the arbitrator issues their advisory recommendation, the Executive Director of Human Resources or Designee will submit the advisory recommendation to the City Manager. The Arbitrator's Decision: The arbitrator shall issue their advisory recommendation within thirty (30) calendar days from the conclusion of the hearing. C. The City Manager's Role: Within thirty-five (35) calendar days of receipt of the advisory arbitrator's recommendation, the City Manager shall issue and send their final written decision to the parties. The City Manager may accept, reject, or modify the arbitrator's advisory recommendation or any part thereof. The City Manager's decision shall be final and binding. In reaching their decision, the City Manager shall review the arbitrator's advisory recommendation and the evidence, both documentary and testimonial, and arguments presented at the advisory arbitration. D. Right to File in Court: The employee has the right to appeal the City Manager's decision in accordance with California Code of Civil Procedure section 1094.6 that provides a ninety (90) day statute of limitations. 17.4 Alleged violations of City Rules, Regulations, and Policies If an employee, group of employees or the Association (grievant) believes there has been a violation, misapplication or misinterpretation of a City rule, regulation or policy, the grievant may, file a grievance within ten (10) calendar days of the alleged violation, misapplication or misinterpretation or when the grievant knew or should have reasonably become aware of the facts giving rise to the grievance. The parties may mutually agree to extend the timeline to file a grievance per this section. Such a grievance should be filed with the Executive Director of Human Resources or designee. The grievant may request a meeting with either the Chief of Police or City Manager (depending on who made decision). The decision of Chief of Police or City Manager's shall be final.