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22.10 (1) The provisions of this Section shall not be <br /> administered in a manner which would abrogate any <br /> power which may be within the sole province and <br /> discretion of the City Council. <br /> <br /> (2) All grievances of employees in representation units <br /> represented by the Association shall be processed <br /> under this Section. <br /> <br /> Section 23. Medical Examination <br /> <br /> In the event the department head or City Manager <br /> determines there is a necessity for a medical <br /> examination, an employee shall submit to such medical <br /> examination at any time during such employee's <br /> employment. Such examination shall be given by a <br /> physician selected by the City and the full cost of such <br /> medical examination shall be borne by the City as shall <br /> any additional medical examinations required by the <br /> City. <br /> <br /> Should the employee disagree with the medical opinion of <br /> the physician selected by the City, the employee may <br /> consult with his/her own physician and, if his/her <br /> private physician's report conflicts with that of the <br /> City's physician in terms of ability to work at the <br /> employee's regular job, then the employee may request a <br /> medical evaluation througha third physician mutually <br /> agreed upon by the employee and the City. The cost for <br /> such examination will be equally shared by the City and <br /> the employee and the decision of this third physician <br /> concerning the continuing ability of the employee to <br /> perform his/her work shall be the basis for returning <br /> the employee to his/her regular work. <br /> <br />Section 24. Outside Employment <br /> <br /> Employees who plan to participate in any gainful <br /> occupation other than City service during off-duty time <br /> must secure written permission to do so from the Police <br /> Chief. The City retains the right to refuse permission <br /> to any employee for such outside employment whenever it <br /> appears to the City that such outside employment would <br /> materially interfere with the proper performance of the <br /> City's service for which the employee has been hired, or <br /> that such outside employment may place the employee in a <br /> position of conflict with the City. <br /> <br /> In the event of illness or injury incurred by members so <br /> employed or arising out of such employment, the City <br /> will in no way be responsible for compensation or any <br /> other benefits. <br /> <br />Memorandum of Understanding <br />Page 27 <br /> <br /> <br />