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6.B. - Page 201 of 366 <br />arbitrator shall determine the issues by referring to the <br />written grievance and the answers thereto at each step. <br />17.3.4.4 The City and the Association agree that the jurisdiction and <br />authority of the arbitrator so selected and the opinions the <br />arbitrator expresses will be confined exclusively to the <br />interpretation of the express provision or provisions of this <br />MOU at issue between the parties. The arbitrator shall have <br />no authority to add to, subtract from, alter, amend, or modify <br />any provisions of this MOU or the written ordinances, <br />resolutions, rules, regulations and procedures of the City, nor <br />shall he/she impose any limitations or obligations not <br />specifically provided for under the terms of this MOU. The <br />Arbitrator shall be without power of authority to make any <br />decision that requires the City or management to do an act <br />prohibited by law. <br />17.3.4.5 In the event that this grievance procedure is used to challenge <br />punitive disciplinary actions as provided in Section 17.2.7 <br />above, the City and the Association agree that the arbitrator <br />shall prepare a written decision containing findings of fact, <br />determinations, of issues and a disposition either: <br />(1) that the position of the grievant shall be sustained; or <br />(2) that the position of the Police Chief shall be sustained. <br />17.3.4.6 After a hearing and after both parties have had an opportunity <br />to make written arguments, the arbitrator shall submit in <br />writing to all parties his findings and award. <br />17.3.4.7 The award of the arbitrator shall be final and binding. <br />17.3.4.8 The fees and expenses of the arbitrator shall be shared <br />equally by the City and the Association. <br />All other expenses shall be borne by the party incurring them, <br />and neither party shall be responsible for the expense of <br />witnesses called by the other. Either party may request a <br />certified court reporter to record the entire arbitration <br />hearing. The cost of the services of such court reporter shall <br />be shared equally by the parties. <br />17.3.4.9 By filing a grievance and processing it beyond Level III, the <br />grievant expressly waives any right to statutory remedies or <br />to the exercise of any legal process other than as provided by <br />this grievance/arbitration procedure. The processing of a <br />grievance beyond Level III shall constitute an express <br />220 <br />