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strike the first name. Once the arbitrator is selected, the parties will contact the <br /> arbitrator to schedule a hearing. <br /> 2. Hearing process: During the hearing, the formal rules of evidence do not apply. <br /> The cost of the list of arbitrators, the arbitrator themselves, and the court <br /> reporter shall be split evenly (50% and 50%) between the City and the <br /> Association. Once the arbitrator issues their advisory recommendation, the <br /> Executive Director of Human Resources or designee will submit the advisory <br /> recommendation to the City Manager. <br /> a. The Arbitrator's Recommendation: The arbitrator shall issue their advisory <br /> recommendation within thirty(30)calendar days from the conclusion of the <br /> hearing. <br /> 3. The City Manager's Role: Within thirty-five (35) calendar days of receipt of <br /> the advisory arbitrator's recommendation, the City Manager shall issue and <br /> send their final written decision to the parties. The City Manager may accept, <br /> reject, or modify the arbitrator's advisory recommendation or any part thereof. <br /> In no case, however, may the City Manager increase the penalty above that <br /> imposed by the Chief of Police. The City Manager's decision shall be final and <br /> binding. In reaching their decision, the City Manager shall review the <br /> arbitrator's advisory recommendation and the evidence, both documentary and <br /> testimonial, and arguments presented during the advisory arbitration. <br /> 4. Right to File in Court: The employee has the right to appeal the City Manager's <br /> decision in accordance with California Code of Civil Procedure section 1094.6 <br /> that provides a ninety(90) day statute of limitations. <br /> 16.3 Informal Appeals Procedures <br /> The Informal Appeals Procedure, as opposed to the formal procedures, will be used for <br /> written reprimands. <br /> A. Appeal to the Chief of Police <br /> I. The appeal is an opportunity for the employee to present inforination and arguments <br /> why a punitive action should not occur or offer alternatives to the action. <br /> 2. Notice of Appeal: Within ten (10) calendar days of receipt by an employee of the <br /> written reprimand, the employee shall notify the Executive Director of Human <br /> Resources or Designee in writing that they intend to appeal the written reprimand. <br /> The Executive Director of Human Resources or designee shall contact either the <br /> employee or their identified representative within ten (10) calendar days of receipt <br /> of the notice of appeal to schedule the appeal. <br /> 60 <br />