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6.B. - Page 58 of 366 <br />11.2 Pre -Disciplinary Procedures <br />11.2.1 Response To Adverse Comments <br />An employee will have thirty (30) days within which to file a written response to <br />any adverse comment entered into his or her personnel file, which does not <br />constitute a punitive action as described above. The written response will be <br />attached to the adverse comment, <br />11.2.2 Appeal Procedure For Punitive Action Other Than Suspension, <br />Reduction In Pay, Demotion Or Termination <br />The following informal procedure will apply to employees (as defined by <br />Government Code Section 3251) as to written reprimands, disciplinary transfers <br />or non -voluntary, non -disciplinary transfers resulting in a loss of compensation <br />(e.q., non -disciplinary transfer out of premium pay assignment). At no time will <br />an employee be required to waive his/her legally provided appeal rights. <br />A. Appeal to the Fire Chief or His/Her Designee <br />1. A covered employee who receives notice of a punitive action covered <br />by this section will be entitled to appeal the action to the Fire Chief prior <br />to the effective date of the punitive action. The appeal is an oppodunity <br />for the employee to present written material and arguments why a <br />unitive action should not occur or offer alternatives to the action, <br />a. Notice of Appeal: Within fifteen 15 calendar daVs of receipt by an <br />employee of notification of a punitive action the employee will <br />notify the Chief in writing that he/she intends to appeal the punitive <br />action. The notice of appeal will specify the action being appealed <br />and the substantive and procedural grounds for the appeal. <br />Nothing in this section will limit the right of the De artment to <br />institute disciplinary action notwithstanding that an appeal may be <br />pending. <br />b_ Presiding Officer: In an informal procedure, the Chief or his/her <br />designee will act as the presiding officer. The Chief or his/her <br />designee shall conduct the informal procedure in accordance with <br />these processes. The determination of the Chief shall be final and <br />binding. If the Chief cannot serve as the presiding officer because <br />of actual bias, preL_d_ice or interest as defined by Government Code <br />§11425.40, then the City Manager or his/her designee will serve as <br />77 <br />