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42 <br /> <br />procedure for resolution or review of the issues. The <br />parties do not intend by the provisions of this paragraph to <br />preclude the enforcement of any arbitration award in any <br />court of competent jurisdiction. <br /> <br /> <br />SECTION 18. DISCIPLINE <br /> <br />18.1 Right of Discipline <br /> <br />The City shall have the right to discipline any employee for just cause. <br /> <br />18.2 Pre-Disciplinary Notice and Hearing <br /> <br />In the event the City intents to discharge an employee, to impose a suspension <br />without pay, to demote an employee or to reduce an employee’s pay; the City <br />shall utilize the following procedure: <br /> <br />1. The employee and the Association shall receive notice in writing of the <br />proposed disciplinary action not less than ten (10) calendar days prior to <br />the effective date of action. The notice shall describe the grounds for <br />discipline and shall be accompanied by copies of all materials upon <br />which the action is based. <br /> <br />2. Prior to the effective date of the disciplinary action the employee may <br />request, and shall be granted an opportunity to respond orally or in <br />writing to the proposed disciplinary action. The response shall be to <br />the Police Chief or to his/her designee. The employee may be <br />represented by the representative of his/her choice. The employee and <br />selected representative shall have access to all materials related to the <br />proposed discipline. <br /> <br />3. The Police Chief, or his/her designee, shall make a determination on <br />the proposed discipline and provide a written response to the employee <br />upholding, amending, or rejecting the proposed discipline, including the <br />reasons therefore. <br /> <br />18.3 Appeals <br /> <br />If an employee feels he/she has been unjustly disciplined, he/she shall have <br />the right to appeal his/her case through the grievance procedure. Such <br />appeals must be filed in writing within ten (10) calendar days from receipt of <br />the final notice of discipline; and unless so filed, the right of appeal is lost. <br />Appeals of discipline imposed by the Police Chief shall begin at Level III of the <br />grievance procedure. <br /> <br /> <br /> <br /> <br /> <br />6.1.C. - Page 53