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24.10 <br /> <br />continued <br /> <br />(2) <br /> <br />All grievances of employees in representation units <br />represented by the Union shall be processed under <br />this Section. <br /> <br />(3) <br /> <br />If any award by an Adjustment Board or arbitrator <br />requires action by the City Council before it can <br />be placed in effect, the City Manager and Personnel <br />Officer will advise the City Council that it take <br />such action as is necessary to follow such award. <br /> <br />Section 25. Medical Examination <br /> <br />In the ~vent the Fire Chief or City Manager determines <br />there is a necessity for a medical examination, an <br />employee shall submit to such medical"examination at <br />any time while on duty. Such examination shall be given <br />by a physician selected by the City and the full cost <br />shall be borne by the City as shall any medical exami- <br />nation required by the City. A copy of said medical <br />examination shall be given to the'~mployee.. Should the <br />employee disagree with the medical opinion of the <br />examination, the employee may consult with his/her own <br />physician (at employee's expense) and if his/her <br />private physioian's report conflicts with the City's <br />physician iN terms of ability to work at the employee's <br />regular job, then the employee may request a medical <br />examination by a third physician mutually agreed upon by <br />the ~p!oyee and the City. The costs for a third exami- <br />nation will be shared by the employee and the City. ' The <br />decision of the thfrd physician concerning the ability of <br />the employee to performhis/her duties shall be the <br />basis forthe employee returning to work. <br /> <br />Section 26. Outside Employment <br /> <br />Employees-who plan to engage in regular employment <br />during his/her off duty time must notify the Fir~ <br />Chief of-said employmenti <br /> <br />No employee shall accept outside employment that <br />places him/herin conflict with the City. ~ <br /> <br />No employee shall solicit outside employment while <br />on duty for the City nor use his/her City position <br />as an aid or leverage to gain outside employment. <br /> <br />Use of City equipment or City identification by <br />signs, insignia or dress is permitted only while <br />working for the City. <br /> <br />Section 27. Separability of Provisions <br /> <br />In the event that any provisions of ~his Memorandum of <br />Understanding is declared by a court of competent <br />jurisdiction to be illegal or unenforceable, that <br />provision of the Idemorandumof Understanding shall be <br />null and void, but such nullification shall not affect <br />any other provisions of this M~morandum of Understanding, <br />all of which other provisions shall remain in full <br />force and effect. <br /> <br /> <br />