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(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 be <br />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 24. Medical Examination <br /> <br />In the event 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 examination <br />required by the City. A copy of said medical examination <br />shall be given to the employee. Should the employee <br />disagree with the medical opinion Of the examination, <br />the employee may consult with his/her own physician (at <br />employee's expense) and if his/her private physician's <br />report conflicts with the City's physician in terms <br />of ability to work at the employee's regular job, <br />then the employee may request a medical examination by <br />a third physician mutually agreed upon by the employee <br />and the City. The costs for the third examination will <br />be shared by the employee and the City. The decision <br />of the third physician concerning the ability of the <br />employee to perform his/her duties shall be the basis <br />for the employee returning to work. <br /> <br />Section 25. Outside Employment <br /> <br />Employees who plan to engage in regular employment <br />during his/her off duty time must notify the Fire <br />Chief of said employment. <br /> <br />No employee shall accept outside employment that <br />places him/her in 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 26. Separability of Provisions <br /> <br />In the event that any provisions of this Memorandum of <br />Understanding is declared by a court of competent <br />jurisdiction to be illegal or unenforceable, that pro- <br />vision of the Memorandum of Understanding shall be null <br />and void, but such nullification shall not affect any <br />other provisions of this Memorandum of Understanding, <br />all of which other provisions shall remain in full force <br />and effect. <br /> <br />-20- <br /> <br /> <br />