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Item 23 - MOU: City and PMA
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Item 23 - MOU: City and PMA
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City Clerk
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Agenda Packet
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Clerk of the Council
Item #
23
Date
11/15/2022
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47 <br />b. The City Manager or designee shall meet with the employee within <br />twenty-one (21) days after submission of the appeal. The City <br />Manager or designee may affirm, reverse, or modify the <br />disciplinary action. <br />c. The City Manager or designee shall deliver the written response to <br />the employee within ten (10) calendar days after meeting with the <br />employee. <br />2. Step 2. <br />a. Filing the appeal: If an employee is not satisfied with the City <br />Manager or designee’s decision, they (or their representative) shall <br />submit a written notice of appeal to be submitted to an impartial <br />arbitrator for a final and binding decision. Such written notice of <br />appeal shall be submitted in writing to the Executive Director of <br />Human Resources or designee. <br />b. The City and Association shall create and maintain a standing list <br />of three (3) to five (5) mutually approved arbitrators. <br />c. The City and Association shall select an arbitrator from the <br />standing list via the striking method. The parties shall mutually <br />agree which party strikes the first name. If the parties cannot <br />mutually agree, the parties shall toss a coin to determine who shall <br />strike the first name. Once the arbitrator is selected, the parties will <br />contact the arbitrator to schedule a hearing. <br />d. If none of the identified arbitrators are able to take the case, then <br />the 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 <br />is chosen. The parties shall mutually agree which party strikes the <br />first name. If the parties cannot mutually agree, the parties shall <br />toss 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 Association. <br />The arbitrator’s decision will be final and binding. The arbitrator <br />shall issue their decision within thirty (30) calendar days from the <br />conclusion of the hearing, unless the parties agree otherwise.
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