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20.4.4 The City may compel an employee who is unable to perform the duties of his or her position to <br /> submit to a medical examination on the City's time by a doctor selected by the City and paid at the <br /> City's expense. The City and the Association agree to exchange ideas and information regarding <br /> the establishment of a City Alcohol and Drug Abuse Policy during the term of this Agreement. <br /> ARTICLE 21 <br /> GRIEVANCE PROCEDURE <br /> 21.1 Definition <br /> 21.1.1 A grievance shall be defined as any dispute which involved the interpretation or application of any <br /> provision of this Memorandum of Understanding during its term, excluding all ordinances, <br /> resolutions, rules and regulations, the subject of which is not specifically covered by the provisions <br /> of this Memorandum. Such excluded ordinances, resolutions, rules and regulations shall not be <br /> subject to the Grievance Procedure. Performance evaluations and Letters of Reprimand shall not <br /> be subject to the grievance procedure. Complaints of harassment, discrimination, and retaliation <br /> based on protected class or activity shall be handled in accordance with City's policy against <br /> Workplace Harassment, Discrimination and Retaliation and shall not be subject to the grievance <br /> procedure. Complaints of harassment, discrimination, and retaliation for Association activity shall <br /> be grievable. <br /> 21.1.2 A working day is any day that the City's offices are open for business. <br /> 21.2 Procedure <br /> Grievances as defined in Article 21.1 above shall be processed only in the following manner: <br /> 21.2.1 Any employee who believes that he or she has a grievance may discuss the grievance with the top <br /> management official in the employee's department, or with such subordinate management official <br /> as the department head may designate, within twenty(20)working days of the event leading to the <br /> grievance or within twenty(20)working days of the date the employee knew or should have known <br /> about the event leading to the grievance, whichever is later. If the issue is not resolved within the <br /> department,the procedures hereinafter specified may be invoked. <br /> 21.2.2 The employee may then notify the Personnel Officer and the Association in writing within twenty <br /> (20) working days of the informal grievance discussion described in Section 21.2.1, that a <br /> grievance exists. The notification shall state the particulars of the grievance and the remedy which <br /> is desired. The Personnel Officer shall investigate the issues involved, meet with the grievant and <br /> attempt to reach a satisfactory resolution of the problem. No grievance may be processed under <br /> Article 21.2.4 below which has not first been filed and investigated pursuant to this Article 21.2.2. <br /> The Personnel Officer shall have twenty(20) working days from the date of notification to issue his <br /> or her decision on the subject grievance. Such notification shall be sent in writing to the grievant <br /> and the Association. <br /> 21.2.3 Any grievance which has not been resolved by the procedures set forth above may be referred to <br /> the City Manager by the grievant or by the Personnel Officer within five (5) working days of receipt <br /> of the decision of the Personnel Officer. Any such referral shall be in writing, and shall include the <br /> specific issues involved together with a statement of the resolution which is desired. A <br /> representative of the City Manager, who shall not be the Personnel Officer, shall investigate the <br /> 27 <br />