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24.11 (1) The provisions of this Section shall not abridge any right to which an employee may be <br /> entitled under the City Ordinance and resolutions, nor shall it be administered in a manner <br /> which would abrogate any power which may be within the sole province and discretion of <br /> the City Council. <br /> (2) All grievance of employees in representation units represented by the Association shall be <br /> processed under this section. <br /> Section 25. Medical Examination <br /> In the event the department head or City Manager determines there is a necessity for a medical <br /> examination, an employee shall submit to such medical examination at any time during such <br /> employee's employment. Such examination shall be given by a physician selected by the City and <br /> the full cost of such medical examination shall be borne by the City as shall any additional <br /> medical examinations required by the City. <br /> Should the employee disagree with the medical opinion of the physician selected by the City, the <br /> employee may consult with his/her own physician and, if his/her private physician's report <br /> conflicts with that of the City's physician in terms of ability to work at the employee's regular job, <br /> then the employee may request a medical evaluation through a third physician mutually agreed <br /> upon by the employee and the City. The cost for such examination will be equally shared by the <br /> City and the employee and the decision of this third physician concerning the continuing ability of <br /> the employee to perform his/her work shall be the basis for returning the employee to his/her <br /> regular work. <br /> The above procedures shall be utilized for psychological examinations and evaluations of <br /> employees except that the employee shall be notified of the reason for the examination. Should a <br /> psychological examination or evaluation report be prepared, such document shall be kept <br /> confidential according to the requirements of the state law. <br /> Section 26. Outside Employment <br /> Employees who plan to participate in any gainful occupation other than City service during off - <br /> duty time must secure written permission to do so from the Police Chief. The City retains the <br /> right to refuse permission to any employee for such outside employment whenever it appears to <br /> the City that such outside employment would materially interfere with the proper performance of <br /> the City's service for which the employee has been hired, or that such outside employment may <br /> place the employee in a position of conflict with the City. <br /> In the event of illness or injury incurred by members so employed or arising out of such <br /> employment, the City will in no way be responsible for compensation or any other benefits. <br /> Use of City equipment or City identification by signs, insignia, or dress is permitted only while <br /> working for the City. <br /> No employee shall solicit outside employment while on duty for the City nor use his City position <br /> as an aid or leverage to gain outside: employment. <br /> - 20 - <br />