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Section 24. 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 <br /> and 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, <br /> the 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 <br /> job, then the employee may request a medical evaluation through a third physician mutually <br /> agreed upon by the employee and the City. The cost for such examination will be equally <br /> shared by the City and the employee and the decision of this third physician concerning the <br /> continuing ability of the employee to perform his/her work shall be the basis for returning the <br /> employee to his/her 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 <br /> a psychological examination or evaluation report be prepared, such document shall be kept <br /> confidential according to the requirements of the state law. <br /> Section 25. 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 Chief of Police. The City retains <br /> the right to refuse permission to any employee for such outside employment whenever it <br /> appears to the City that such outside employment would materially interfere with the proper <br /> performance of the City's service for which the employee has been hired, or that such outside <br /> employment may 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 <br /> position as an aid or leverage to gain outside employment. <br /> Section 26. Separability of Provisions <br /> In the event that any provision of this Memorandum of Understanding is declared by a court of <br /> competent jurisdiction to be illegal or unenforceable, that provision of the Memorandum of <br /> Understanding shall be null and void, but such nullification shall not affect any other provisions <br /> of this Memorandum of Understanding, all of which other provisions shall remain in full force <br /> and effect. <br /> 30 <br />