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The City and the Association recognize that the City has an obligation under law to meet with individual employees who allege a need for reasonable accommodation in the workplace because of a disability. If by reason of the aforesaid requirement the City contemplates action to provide reasonable accommodation to an individual employee in compliance with the ADA which are in potential conflict with any provisions of this Memorandum of Understanding,the Association will be advised of any such proposed accommodation and be afforded an opportunity to discuss same prior to implementation by the City. 28.2 Seniority Shift Sian Up See Exhibit C attached. 28.3 Hours of Work 4/10 Schedule The four-10 work schedule will apply to officers and sergeants covered by this Agreement. However, it is understood and agreed that the Department may propose alternative schedules during the term of this Agreement. Changes shall be by mutual agreement. Officers and sergeants will work four 10 hour shifts each week, then take three consecutive days off. Exceptions to the 4/10 schedule may be made for individual assignments. At such time that an exception to the 4/10 is being considered, the Department shall notify the POA and shall meet upon request to discuss the details of the scheduling change. Conditions 1. An employee's schedule may be suspended and replaced by a"Five-8"work schedule in case of formalized training courses, military leave, and modified duty occurring in any portion of one or more pay periods. 2. The Chief of Police reserves the right to temporarily change work assignment, times and scheduled days off to accommodate for training, transfers,promotions, injuries, workload, emergencies, termination and for those employees placed on Performance Improvement Plans. If such a change is necessary, every effort will be made so as to only affect other Officers in order of reverse seniority. Absent exigent circumstances the Department will provide direct notice to the employee at least 72 hours prior to the change. In the event the Department fails to give an employee at least seventy-two (72)hours prior notice of a shift change, the employee will be paid two (2) hours at time and one-half in addition to all scheduled hours (at the regular rate) for the adjusted shift. It is understood that notice is not required for scheduled or emergency overtime as that is not considered a shift adjustment. 3. The starting and ending time of work shifts will remain a management prerogative. Once established, they may be changed after notice to the Association and upon request, meeting and conferring with the Association regarding the impact of the change in hours. 4. Any leave will be handled on the basis of the hours taken. Absence on a ten hour day will require 10-hours leave. Absence on a nine hour day will require 9-hours leave. Absence on an eight hour day will require 8-hours leave. 31