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22.11 (l) <br /> <br />The provisions of this Sectioi~ shall not abridge <br />any right to which an employee may be entitled <br />under the City Ordinance and resolutions, nor shall <br />it be administered in a manner which would abrogate <br />any power which may be within the sole province and <br />discretion of the City Council. <br /> <br />(2} <br /> <br />All grievance of employees in representations units <br />represented by the Association shall be processed <br />under this section. <br /> <br />Section 23, Medical Examination <br /> <br />In the event the department head Or City Manager <br />determines there is a necessity for a medical <br />examination, an employee shall submit to such medical <br />examination at any time during such employee's <br />employment. Such examination shall be given by a <br />physician selected by the City and the full cost of such <br />medical examination shall be borne by the City as shall <br />any additional medical examinations requiredby the City. <br /> <br />Should the employee disagree with the medical opinion of <br />the physician selected by the City, the employee may <br />consult with his/her own physician and, if his/her <br />private physician's report conflicts with that of the <br />City'a physician in terms of ability to work at the <br />employee's regular job, then the employee may request a <br />medical evaluation through a third physician mutually <br />agreed upon by the employee and the City. The cost for <br />such examination will be equally shared by the City and <br />the employee and the decision Of this third physician <br />concerning the continuing ability of the employee to <br />performhis/her work shall be the basis for returning the <br />employee to his/her regular work. <br /> <br />The above procedures shall be utilized for psychological <br />examinations and evaluations of employees except that <br />the employee shall be notified of the reason for the <br />examination. Should a psychological examination or <br />evaluation report be prepared, such document shall be <br />kept confidential according to the requirements of the <br />state law. <br /> <br />Section 24. Outside Employment <br /> <br />Employees who plan to participate in any gainful <br />occupation other than City service during Off-duty time <br />nmst secure written permission to do so from the Police <br />Chief. The City retains the right to refuse permission <br />to any employee for such outside employment whenever it <br />appears to the City that such outside employment would <br />materially interfere with the proper performance of the <br />City's service for which the employee has been hired, or <br />that such outside employment may place the employee in a <br />position of conflict with the City. <br /> <br />-23- <br /> <br /> <br />