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<br />16.1 <br /> <br />16.2 <br /> <br />ARTICLE XVI <br /> <br />16.0 DISCIPLINE <br /> <br />Any permanent employee covered by this Agreement may only <br />be disciplined in accordance with the standards and <br />procedures and subject to all rights of appeal set forth <br />in Santa Ana Municipal Code Sections 9-9, 9-10, and 9-118 <br />to 9-118.7. Any probationary employee covered by this <br />Agreement may be disciplined in accordance with the <br />standards and procedures set forth in Santa Ana Municipal <br />Code Sections 9-90 to 9-94 and subject to review in <br />accordance wi th the grievance review procedure contained <br />in this Agreement. <br /> <br />In addition, a new section shall be added to the Municipal <br />Code to provide as follows: <br /> <br />A. In the event an employee is ordered to absent himself <br />from the job based on probable cause, and it is <br />subsequently determined by the Fire Chief, the City <br />Manager, Personnel Board or a court of competent <br />jurisdiction that cause did not exist for the ordered <br />absence, the employee shall have restored to him any <br />paid leaves of absence against which such absence may <br />have been charged; and he shall be granted a <br />retroacti ve leave of absence with pay for the time <br />during which he was prohibited from performing the <br />duties of his position, less any compensation paid to <br />him by the City during such ordered absence. <br /> <br />B. In the event an employee is reduced in rank, <br />suspended, and/or discharged, and upon appeal, the <br />City Manager, Personnel Board or a court of competent <br />jurisdiction does not sustain such reduction in rank, <br />suspension, and/or discharge, the employee shall be <br />entitled to his or her base rate of salary including <br />all additives, vacation, and sick leave as if such <br />unsustained reduction in rank, suspension, or <br />discharge had not been invoked. However, in no event <br />shall an employee be entitled to any salary or credit <br />for vacation and sick leave for any period of time <br />covered by a suspension sustained on appeal or for <br />any period of time waived by the employee as a <br />condition to the granting of a continuance of any <br />hearing on appeal. <br /> <br />C. If, during an absence for which an employee is paid <br />pursuant to this Section, he earned any money which <br />he would not have earned had he continued to perform <br /> <br />71 <br />