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6.3.E. - Page 53 <br />21.2.6.8 The City and the Association agree that the arbitrator shall prepare a written <br />decision containing findings of fact, determinations, of issues and a disposition <br />either: <br />(1) that the position of the association shall be sustained; or <br />(2) that the position of the City shall be sustained. <br />21.2.6.9 After a hearing and after both parties have had an opportunity to make written <br />arguments, the arbitrator shall submit in writing to all parties his or her findings <br />and award.. <br />21.2.6.10 The award of the arbitrator shall be final and binding. <br />21.2.6.11 The fees and expenses of the arbitrator shall be shared equally by the City and <br />the Association. <br />All other expenses shall be borne by the party incurring them, and neither party <br />shall be responsible for the expense of witnesses called by the other. Either <br />party may request a certified court reporter to record the entire arbitration <br />hearing. The cost of the services of such court reporter shall be shared equally <br />by the parties. <br />ARTICLE 22 <br />OUTSIDE EMPLOYMENT <br />22.1 A unit member shall not engage in any employment, activity or enterprise for compensation which is <br />inconsistent, incompatible, in conflict with, or inimical to his or her duties as an employee of the City, or with <br />the duties, functions, or responsibilities of the City. <br />22.2 A unit member shall secure written approval from the City Manager prior to engaging in any employment, <br />activity, or enterprise for compensation which could be judged to be inconsistent with, incompatible to, or in <br />conflict with the unit member's duties as an employee of the City. Requests for approval of such outside <br />employment shall be submitted to the City Manager in writing no less than five (5) days prior to the <br />anticipated commencement date of the outside employment. <br />22.3 Any outside employment, activity, or enterprise shall be prohibited if it involves any of the following: <br />22.3.1 The use for private gain or advantage of City time, facilities, equipment or supplies; <br />22.3.2 The use of the uniform, prestige or influence of the unit member's City office or employment; <br />22.3.3 Receipt or acceptance by the unit member of any money or other consideration from anyone <br />other than the City for the performance of an act which the unit member would be required or <br />expected to render in the regular course of hours of his or her City employment or as a part of his <br />or her duties as a City employee; <br />22.3.4 The performance of an act in other than his or her capacity as a City employee, which act may <br />later be subject directly or indirectly to the control, inspection, review, audit or enforcement of the <br />City or any of its officers or employees; <br />30 <br />