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ARTICLE XVII <br />17.0 DISCIPLINE <br />17.1 A. 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 Ana <br />Municipal Code Sections 9-9, 9-10, 9-118.1, et seq. Any probationary employee covered <br />by this MOU may be disciplined in accordance with the standards and procedures set forth <br />in Santa Ana Municipal Code Sections 9-90, 9-91, 9-118, and subject to review in <br />accordance with the grievance review procedure contained in this MOU. <br />B. Upon request from the City the Union agrees to a reopener to Meet and Confer over <br />changes to the Disciplinary Hearing process including but not limited to the use of a <br />Hearing Officer and changes to the City Charter and/or the Municipal Code referencing <br />the Disciplinary hearing process and the Personnel Board, <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 detennined 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 shall <br />be granted a retroactive leave of absence with pay for the time during which he was <br />prohibited from performing the duties of his position, less any compensation paid <br />to him by the City during such ordered absence unless such employee waives <br />his/her rights to retroactive pay. <br />B. In the event an employee is reduced, suspended and/or discharged, and upon appeal <br />the City Manager, Personnel Board or a court of competent jurisdiction does not <br />sustain such reduction, suspension, and/or discharge, the employee shall be entitled <br />to his base rate or salary including all additives, vacation, and sick leave as if such <br />unsustained reduction, suspension, or discharge had not been invoked. However, in <br />no event shall an employee be entitled to any salary or credit for vacation and sick <br />leave for any period of time covered by a suspension sustained on appeal or for any <br />period of time waived by the employee as a condition to the granting of a <br />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 carried 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 />56 <br />