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<br /> 2. Prior to the effective date ofthe disciplinary action the employee <br /> may request, and shall be granted an opportunity to respond <br /> orally or in writing to the proposed disciplinary action. The <br /> response shall be to the employee's Department Head or to <br /> hislher designee. The employee may be represented by the <br /> Union representative of his /her choice. <br /> 3. The foregoing provisions ofMOU Section 14.1.1 shall be <br /> inapplicable in the event the City takes immediate disciplinary <br /> action against an employee for conduct which endangers <br /> employee or public safety, or for an act(s) which would <br /> constitute a felony. <br /> 4. The pre-disciplinary process provided for herein shall only apply <br /> to regular employees. <br />14.2 Appeals <br /> If an employee feels he/she has been unjustly disciplined, he/she shall have the <br /> right to appeal hislher case through the grievance procedure. Such appeals must <br /> be filed in writing by the Union within ten (10) work days from date of <br /> discipline; and unless so filed, the right of appeal is lost. "Work" days as used in <br /> this section shall be defined as any day when the Administrative Offices of the <br /> City are open for public business. <br /> Any disciplined employee shall be furnished the reason for hislher discipline in <br /> writing. <br />14.3 Probationary Employees <br /> Probationary employees may be discharged for any reason which, in the sole <br /> opinion ofthe City, is just and sufficient, and such discharge shall not be subject <br /> to the grievance procedure. <br /> SECTION 15 - RESIGNATION AND REINSTATEMENT <br />15.1 Resignation <br /> An employee wishing to leave the service in good standing shall file with the <br /> Fire Chief a notice of intention to leave the service. The written resignation <br /> shall state the effective date and reasons for leaving. The resignation shall be <br /> forwarded to the Human Resources Department with a statement by the Fire <br /> Chief as to the resigned employee's service performance and other pertinent <br /> information concerning the cause of resignation. <br /> 25 <br />