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26.7 All complaints involving or concerning the payment of compensation shall be initially filed in <br /> writing with the Fire Chief. Complaints which allege that employees are not being compensated <br /> in accordance with the provision of this Memorandum of Understanding shall be considered as <br /> grievances. <br /> Both parties agree that adjustments shall be retroactive for a maximum of six(6)months from the <br /> date upon which the complaint was filed except in instances where retroactive adjustments are <br /> mandated by federal or state law,or required by outside entities. <br /> In the event the City overpays an employee above the compensation outlined in this Memorandum <br /> of Understanding,the City may collect up to six(6)months of overpayment dated from the date <br /> of discovery. <br /> Any other matters of compensation are to be resolved in the meet and confer process and detailed <br /> in the Memorandum of Understanding. If the matter is not detailed in the MOU,it shall be deemed <br /> withdrawn until the next meet and confer process is opened for such discussion. <br /> 26.8 No changes in this Memorandum of Understanding or interpretation thereof(except interpretations <br /> resulting from arbitration proceedings hereunder)will be recognized unless agreed to by the Fire <br /> Department Fire Chief and the Union. <br /> 26.9 The provision of this Section shall not abridge any right to which an employee may be entitled <br /> under the Fire Department ordinance and resolution,nor shall it be administered in a manner which <br /> would abrogate any power which may be within the sole province and discretion of the Fire <br /> Department's governing board. <br /> All grievances of employees represented by the Union shall be processed under this section. <br /> Section 27. Medical Examination <br /> 27.1 Fitness for Duty Exams <br /> The Fire Chief retains the right to subject employees to job-related fitness for duty medical examinations <br /> to ensure employees can safely perform the essential functions of their job classifications as specified in <br /> established job descriptions. In the event the Fire Chief,after consultation with the Human Resources <br /> Director,determines there are identifiable reasons to believe an employee may be unable to safely perform <br /> the essential functions of their job classification,an employee shall submit to a fitness for duty medical <br /> examination at any time while on duty.The notice provided to the employee directing them to submit to <br /> a medical examination does not need to include the identifiable reason(s)for the referral.A physician <br /> selected by the Department shall conduct the fitness for duty examination and the full cost of the <br /> examination shall be borne by the Department, as shall any medical examination required by the <br /> Employer. A copy of the medical examination report shall be given to the employee. Should the employee <br /> disagree with the opinion of the Department's physician, the employee may consult with their own <br /> physician (at the employee's expense). If the employee's private physician's report conflicts with the <br /> Department's physician in terms of ability to perform the duties of the employee's regular job, the <br /> employee may request a medical examination by a third physician mutually agreed upon by the employee <br /> and the Department. The employee and the Department will share the costs for the third examination. <br /> 40 <br /> ( <br />