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13 <br />C. In order that this informal procedure may be responsive, both parties involved shall <br />expedite this process. If, within fifteen (15) calendar days, a mutually acceptable <br />solution has not been reached at the informal level, the employee and/or the <br />employee’s designated representative shall then set forth the grievance in writing, <br />indicate the nature of the action desired, sign it, and submit it in duplicate to the <br />employee’s Department Head. At this point, the grievance review process becomes <br />formal. Should the grievant fail to file a written grievance, and in the manner <br />specified above within fifteen (15) calendar days after first discussing the grievance <br />with the employee’s immediate supervisor, the grievance shall be barred and <br />waived. <br />D. Any resolution of the grievance at the informal stage by any person other than a <br />mid-level manager or above shall not become precedence or be used to establish <br />past practice regarding implementation, interpretation, or application of this MOU. <br />9.4 Formal Process. <br />A. Second Step. The Department head, or his or her designated representative, shall <br />meet with the employee and/or the employee’s designated representative within <br />fifteen (15) working days after the grievance has been submitted to the Department <br />Head. The Department Head, or his or her designated representative, shall review <br />the grievance and may affirm, reverse or modify the disposition made at the First <br />Step and shall deliver his or her answer to the employee and/or the employee’s <br />designated representative within ten (10) calendar days after the meeting. <br />B. Third Step. If the grievance is not satisfactorily resolved at the Second Step, the <br />employee and/or the employee’s representative may submit the grievance in writing <br />to the City Manager, or his or her designated representative, within thirty (30) days <br />of being informed of the disposition made at the Second Step. Failure of the <br />grievant and/or his or her designated representative to take this action shall <br />constitute a waiver and bar to the grievance, and the grievance shall be considered <br />settled on the basis of the disposition made at the Second Step. <br />The City Manager, or his or her designated representative, shall meet with the <br />employee and/or the employee’s designated representative, within fifteen (15) <br />calendar days after submission of the grievance. The City Manager, or his or her <br />designated representative, after careful review, may affirm, reverse or modify the <br />disposition made at the Second Step and his or her decision, which shall be final <br />and binding, shall be delivered, in writing, to the employee and/or the employee’s <br />designated representative within fifteen (15) calendar days after the meeting.