executed MOU Police Rank & File Association 2006-2009

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3. If the division head and the employee cannot reach a solution to the grievance, the employee may, within ten days from the date of receiving the answer from the division head, request in writing and be granted an interview with the department head. The interview will be scheduled within ten days of the employee submitting the request. The department shall render an answer within ten days of meeting with the grievant. 4. If the department head and employee are unable to arrive at a satisfactory solution, the employee may, within ten days from the date of the decision by the department head, submit a written appeal to the City Manager. The City Manager shall schedule a meeting with the grievant within ten days of receiving the appeal. The City Manager shall meet with the grievant and review the grievance and shall answer within ten days of discussing the grievance. 5. If the grievant is not satisfied with the decision of the City Manager, the grievant may, within ten days from the date of receiving the decision of the City Manager submit a written request to the City Manager for the grievance to be heard by an arbitrator/hearing officer. If the parties are unable to mutually select an arbitrator, the State Mediation and Conciliation Service shall be requested to submit a list of seven persons qualified to act as arbitrators. Within five days following receipt of the list of arbitrators, the parties shall select an arbitrator. The parties shall alternately strike one name from the list until no name remains. The right to strike the first name is determined by lot. Each party shall bear equally the cost of the fees and expenses of the arbitrator and court reporter, if any. Each party shall bear its own witness and attorney fees. The arbitrator/hearing officer shall render a decision, in writing, within 30 days of the close of the hearing or of his/her receipt of closing briefs, whichever is later. 6. Findings of Fact and Remedies - An arbitrator may sustain, modify, or rescind an appealed disciplinary action as follows and subject to the following restrictions. a. All Disciplinary Actions - If the arbitrator finds that the disciplinary action was taken for reasonable cause, he or she shall sustain the action. b. SuMension/Reductions in Class or Salary - If the action is modified or rescinded, the appellant shall be entitled to restoration of pay and/or fringe benefits in a manner consistent with the arbitrator's decision. However, the action may not be modified so as to increase the penalty imposed by the department. c. Discharge 1. If the arbitrator fmds that the order of discharge should be modified to another form of discipline, the appellant shall be restored to a position in his or her former class subject to forfeiture of pay and fringe benefits for all or a portion of the period of time the appellant was removed from duty, as determined by the arbitrator. 2. If the arbitrator finds that the order of discharge should be rescinded and no discipline imposed, the appellant shall be reinstated in a position in his or her former class and shall receive pay and fringe benefits for all of the period of time he or she was removed from duty. Page 5 of 21 CPOA (Police) MOU 2006-2009 (2)