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12
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2023
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091923 SPECIAL
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9/13/2023 2:20:27 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
9/19/2023
DESTRUCT DATE
15Y
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23.2 (1) Within thirty (30) calendar days after the occurrence of an event giving rise to a <br /> grievance, an employee may request in writing to discuss the grievance with such <br /> management official in the department as the Chief of Police may designate. <br /> (2) If the grievance remains unresolved, the written grievance may be filed with the Chief of <br /> Police who shall investigate the grievance and render a decision within fourteen (14) <br /> calendar days from the date the grievance is received. <br /> (3) Within fourteen(14) calendar days from receipt of the Chief of Police's decision in Step 2 <br /> above, the employee or official of the Association may notify the City Manager in writing <br /> that a grievance exists, stating the particulars of the grievance, citing the specific section <br /> of this Memorandum of Understanding he/she believes to have been violated, and, if <br /> possible, the nature of the determination desired. The City Manager shall have fourteen <br /> (14)days in which to consider the grievance and render a decision. No grievance may be <br /> processed under paragraph (4) below which has not first been filed and investigated in <br /> accordance with this paragraph(3). <br /> (4) The Association may appeal the decision of the City Manager by requesting that the <br /> grievance be referred to an impartial arbitrator. The Association's decision to refer the <br /> grievance to arbitration shall be made within fourteen (14)days of the notification of the <br /> city manager's decision. <br /> The arbitrator shall be designated by mutual agreement between the Association and the <br /> City Manager. The fees and expenses of the arbitrator and court reporter shall be shared <br /> equally between the City and the Association. Each party, however, shall bear the cost of <br /> its own presentation, including preparation and post hearing briefs, if any. <br /> An employee may proceed to arbitration only in grievances involving discipline and only <br /> if the Association elects not to represent the employee in the grievance. The arbitrator <br /> shall be selected by mutual agreement between the employee and the City Manager. The <br /> fees and expenses of the arbitrator and of a court reporter shall be shared equally by the <br /> employee and the City. Each party, however, shall bear the cost of its own presentation, <br /> including preparation and post hearing briefs, if any. <br /> (5) Decisions of the arbitrators on matters properly before them shall be final and binding on <br /> the parties hereto, to the extent permitted by law or the terms of this Agreement. <br /> 23.3 The time limits previously set forth shall be considered maximums and every effort shall be <br /> made to expedite the process. The limits specified may, however, be extended by mutual <br /> agreement of the parties. <br /> 23.4 No arbitrator shall entertain, hear, decide or make recommendations on any dispute unless such <br /> dispute involves a position in a unit represented by the Association and unless such dispute <br /> falls within the definition of a grievance as set forth in subsection 23.1. <br /> 23.5 Proposals to add to or change this Memorandum of Understanding or written agreements or <br /> addenda supplementary hereto shall not be arbitrable and no proposal to modify, amend or <br /> terminate this Memorandum of Understanding, nor any matter or subject arising out of or in <br /> connection with such proposal, may be referred to arbitration under this Section. No arbitrator <br /> 28 <br />
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