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22.3 <br /> <br />22.4 <br /> <br /> (3) Wit~.~n fourteen (14) calendar ~ys from receipt of <br /> the Police Chief's decision in Step 2 above, the <br /> employee or official of the Association may notify <br /> the City Manager in writing that a grievance <br /> exists, stating the particulars of the grievance, <br /> citing the specific section of this Memorandum of <br /> Understanding he/she believes to have been <br /> violated, and, if possible, the nature Of the <br /> determination desired. The City Manager shall have <br /> fourteen (14) days in which to consider the <br /> grievance and render a decision. No grievance may <br /> be processed under paragraph (4) below which has <br /> not first been filed and investigated in accordance <br /> with this paragraph (3). <br /> <br /> (4) The Association may appeal the decision of the City <br /> Manager by requesting that the grievance be <br /> referred to an impartial arbitrator. The <br /> Association's decision to refer the grievance to <br /> arbitration shall be made within fourteen (14) days <br /> of the notification of the city manager's decision. <br /> The arbitrator shall be designated by mutual <br /> agreement between the Association and the City <br /> Manager. The fees and expenses of the arbitrator <br /> and court reporter shall be shared equally between <br /> the City and the Association. Each party, however, <br /> shall bear the cost of it's own presentation, <br /> including preparation and post hearing briefs, if <br /> any. <br /> <br /> An employee n~y proceed to arbitration only in <br /> grievances involving discipline and only if the <br /> Association elects not to represent the employee in <br /> the grievance. The arbitrator shall be selected by <br /> mutual agreement between the employee and the City <br /> Manager. The fees and expenses of the arbitrator <br /> and of a court reporter shall be shared equally by <br /> the employee and the City. Each party, however, <br /> shall bear the cost of its Own presentation, <br /> including preparation and post hearing briefs, if <br /> any. <br /> <br /> (5) Decisions of the arbitrataors on matters properly <br /> before them shall be final and binding on the <br /> parties hereto, to the extent permitted by the <br /> Ordinance Code and Resolutions of the City. <br /> <br />The time limits previously set forth shall be considered <br />maximums and every effort shall be made to expedite the <br />process. The limits specified may, however, be extended <br />by mutual agreement of the parties. <br /> <br />NO arbitrator shall entertain, hear, decide or make <br />reconunendations on any dispute unless such dispute <br />involves a position in a unit represented by the <br />Association and unless such dispute falls within the <br />definition of a grievance as set forth in subsection <br />22.1. <br /> <br />-21- <br /> <br /> <br />