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2006 RES R-75-06
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2006 RES R-75-06
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8. The decision by the arbitrator/hearing officer is final and binding and is not subject to any <br />administrative or judicial review except pursuant to the Code of Civil Procedure Section 1286.2. <br />D. REPRESENTATION <br />1. An employee may request representation of his or her choice at any stage of the grievance procedure. <br />2. The grievant and designated representative shall receive release time for the purpose of representing <br />the grievant at any step. For purposes of this section, representation includes reasonable preparation <br />and consultation. <br />3. The only limit on the grievant's representation is that there may be only one other person from the <br />bargaining unit on paid status. Representation shall not inordinately interfere with the normal course of <br />City business. <br />E. TIME LIMITS <br />1. Failure by a grievant to meet a deadline set in this procedure shall terminate the grievance, and the <br />grievant shall not have a right to refile on the same set of facts, unless good cause is shown for the <br />delay, or if the City waives the deadline. <br />2. Failure by the City to meet a deadline shall give the grievant the right to proceed to the next step. <br />3. Time limits in this procedure may be extended by mutual written agreement between the parties. <br />4. The employee and representative will be given at least ten days written notice of any meeting scheduled <br />as outlined in step C (Procedure). This provision may be waived by mutual agreement between the, <br />parties, in writing. <br />F. WITHDRAWAL <br />Any grievance may be withdrawn by the grievant at any time, and must be done in writing. Withdrawal of a <br />grievance will be with prejudice and shall remove the right of the grievant to refile on the same set of facts. <br />G. FREEDOM FROM REPRISAL <br />No grievant shall be subject to coercion, discrimination, reprisal, or disciplinary action for discussing a complaint or <br />grievance with his or her immediate supervisor, or for the good faith filing of a grievance. <br />1. Minor Disciplinary Action Appeals Process - Any permanent, full-time employee who is suspended for <br />three days or less, who is given a written warning or reprimand, or who receives any other type of <br />minor discipline or punishment, may appeal such action to the Police Chief within 10 days of the date <br />the employee received written notification of said action. Such appeal shall be submitted in writing, <br />stating the reason(s) that the disciplinary action should be modified or rescinded. <br />Within 15 days of receiving such an appeal, the Police Chief, or the Police Chief's designee, shall <br />schedule a meeting with the employee and the employee's representative, if any. Within 15 days after <br />the meeting, the Police Chief, or the Police Chief's designee, shall issue a written determination. Such <br />determination shall be final and binding, and shall not be subject to further appeal, including, but not <br />limited to, an appeal to the Civil Service Board or under any grievance procedure or any other dispute <br />resolution process in the City of Colton. <br />2. Conduct of Association Business - Designated officers of the Association shall be provided reasonable <br />time while on duty, to conduct business related to the affairs of the Association. Recognizing the <br />difficulty of defining what constitutes "reasonable" time, the parties agree that the definition of <br />Page 7 of 21 <br />CPOA (Police) MOU 2006-2009 (2) <br />
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