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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 disciplinary <br /> action. <br /> C. The City Manager or designee shall deliver the written response to the <br /> employee within ten (la) 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 of <br /> three (3)to five (5) mutually approved arbitrators. <br /> C. The City and Association shall select an arbitrator from the standing <br /> list via the striking method. The parties shall mutually agree which <br /> party strikes the first name. If the parties cannot mutually agree,the <br /> parties shall toss a coin to determine who shall strike the first name. <br /> Once 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 strikes the first <br /> name.If the parties cannot mutually agree,the parties shall toss a coin <br /> to determine who shall strike the first name. Once the arbitrator is <br /> selected,the parties will contact the arbitrator to schedule a hearing. <br /> C. Hearing Process:During the hearing,the formal rules of evidence do <br /> not apply.The cost of the arbitrations,including but not limited to the <br /> list of arbitrators, the arbitrator themselves, and the court reporter <br /> shall be split evenly between the City and Association. The <br /> arbitrator's decision will be final and binding. The arbitrator shall <br /> 49 <br />