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ARTICLE XVIII <br />18.0 DISCIPLINE <br />18.1 An employee covered by this MOU may only be: disciplined in accordance with the standards <br />and procedures and subjects to all rights of appeal set forth in Section 1000d of the City <br />Charter and Municipal Code Sections 94, 9-16, 9-118.1 et. seq. <br />18.2 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 himselffrom thejob based on probable <br />cause and it is subsequently determined by the Police Chief, the City Manager, <br />Personnel Board or a court of competent jurisdiction, that cause did not exist for the <br />ordered absence, the employee shall have restored to him any paid leaves of absence <br />against which such absence may'have been charged, and he shall be _granted a <br />retroactive leave of'absence with pay for the time during which.he was prohibited <br />from performing the duties ofhis position, less any compensation paid to him by the <br />City during such ordered absence. <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 of 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 credit for vacation and sick leave <br />for any period of time covered by asuspension sustained on appeal or for any.period <br />of time"waived by the employee as a condition to the granting of a continuance of any <br />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 the <br />duties "of his position, such sum shall be deducted from the salary'otherwise_payable <br />to him pursuant to this Section. <br />43 <br />251-45 <br />