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ARTICLE XVII <br />17.0 DISCIPLINE <br />17.1 Any permanent employee covered by this MOU may only be disciplined in accordance <br />with the standards and procedures and subject to all rights of appeal set forth in Santa <br />Ana Municipal Code Sections 9 -9, 9 -10, 9- 118.1, et seq. Any probationary employee <br />covered by this MOU may be disciplined in accordance with the standards and <br />procedures set forth in Santa Ana Municipal Code Sections 9 -90, 9 -91, 9 -118, and subject <br />to review in accordance with the grievance review procedure contained in this MOU. <br />17.2 In addition, a new section shall be added to the Municipal Code to provide as follows: <br />A. In the event an employee is ordered to absent himself from the job based on <br />probable cause and it is subsequently determined by the Police Chief, the City <br />Manager, Personnel Board or a court of competent jurisdiction, that cause did not <br />exist for the ordered absence, the employee shall have restored to him any paid <br />leaves of absence against which such absence may have been charged, and he <br />shall be granted a retroactive leave of absence with pay for the time during which <br />he was prohibited from performing the duties of his position, less any <br />compensation paid to him by the City during such ordered absence unless such <br />employee waives his/her rights to retroactive pay. <br />B. In the event an employee is reduced, suspended and/or discharged, and upon <br />appeal the City Manager, Personnel Board or a court of competent jurisdiction <br />does not sustain such reduction, suspension, and /or discharge, the employee shall <br />be entitled to his base rate or salary including all additives, vacation, and sick <br />leave as if such unsustained reduction, suspension, or discharge had not been <br />invoked. However, in no event shall an employee be entitled to any salary or <br />credit for vacation and sick leave for any period of time covered by a suspension <br />sustained on appeal or for any period of time waived by the employee as a <br />condition to the granting of a continuance of any hearing on appeal. <br />C. If, during an absence for which an employee is paid pursuant to this Section, he <br />earned any money which he would not have earned had he continued to perform <br />the duties of his position, such sum shall be deducted from the salary otherwise <br />payable to him pursuant to this Section. <br />W <br />