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For purposes of this policy, employment decisions shall be defined as those affecting hiring, promotion or discipline. <br />• Be employed in the same department as a relative if, for reasons of supervision, morale, safety or <br />security, it is determined that the work involves potential conflicts of interest. <br />• Be in one of the following or have a member of the applicant's or the employee's immediate family in <br />one of the following positions: City Manager, Department Director or Member of the City Council. <br />If a permanent full-time employee is denied a promotion or transfer under this policy, the employee may appeal such <br />action to the City Manager within three (3) business days of the date the employee receives written notification of <br />said action. Such appeal shall be submitted in writing, stating the reason(s) that the employment decision should be <br />rescinded. The parties shall select and utilize an arbitrator. The arbitrator's decision shall be considered .final and <br />binding with no further administrative appeal rights. <br />Section 3: Savines Clause <br />Should any provision of this MOU be held invalid by a court of competent jurisdiction, then the remaining <br />provisions shall remain in full force and effect. <br />Except as stated in other portions of this MOU, the City and the Association, each agrees that for the life of this <br />MOU, the other shall not be obligated to meet and confer with respect to any subject or matter referred to or covered <br />in this MOU. However, they may meet by mutual agreement or as required by Government Code. <br />Section 4: Term Of MOU <br />The agreement will last for a three year period beginning July 1, 2004 and ending midnight June 30, 2007. <br />Section 5: Association and City Proposals: <br />Association and City negotiation process will begin at least 90 days prior to the expiration of the MOU. <br />Section 6: Council Action <br />If this agreement is acceptable to the City Council, then the City Council shall adopt the agreement by appropriate <br />action at the first scheduled meeting following the signing of this agreement. <br />FOR CITY OF COLTON: <br />Anthony Arroyo, Human Resources Director <br />DATED: <br />F R CWA -CIO <br />Staff Representative <br />DATED: 3- <br />President, CWA Local 95888 <br />DATED: <br />Page 18 of 18 <br />CWA MOU expires 063007 (2) <br />3/7/2005 <br />