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6.B. - Page 62 of 366 <br />satisfying the administrative appeal right established under Section <br />3250 of the California Government Code et seg.: <br />1. Alternative Dispute Resolution: <br />a. Following issuance of the notice of disciplinary action the <br />employee subKect to discipline, the Association and the City, b <br />mutual agreement, may request mediation to aftem t to <br />resolve any disputes over the proposed discipline. <br />b. The parties may mutually agree to pursue mediation any time <br />following issuance of the notice of proposed discipline and u <br />to the time the discipline is scheduled to go to appeal, <br />c. In the event the disci line is not resolved through mediation <br />neither evidence nor concessions agreed to or offered during <br />the mediation pmceedings will be admissible at an <br />subse uent administrative or judicial proceeding concerning <br />the discipline. However, evidence otherwise admissible <br />outside of the mediation is not inadmissible or protected from <br />disclosure solely by reason of its introduction or use in such <br />proceedings. <br />2. Appeal Procedure: <br />a. A formal appeal procedure will be available for for -cause <br />employees for a disciplinary action involving discharge, <br />demotion reduction in pay, or suspension, The conduct of the <br />appeal hearing will be as follows: <br />1) The formal appeal will be presided over by an <br />administrative law fudge on staff of the State Office of <br />Administrative Hearings, hereafter referred to as the <br />"ALJ°. The ALJ will preside at the appeal hearing, <br />rule on the admission and exclusion of evidence and <br />determine and rule on all matters of law both <br />procedural and substantive. In conducting the appeal <br />hearing t�J_ will follow the provisions set forth in <br />Section 11513 of the California Government Code. <br />21 The appeal proceedings will be reported by a <br />stenographic reporter. However, upon the consent of <br />all the parties, the proceedings may be reported <br />electronically. Within thirty (30) days after the case is <br />submitted to him or her, the ALJ will prepare a <br />proposed written decision to be submitted to the City <br />Manager. Within sixty (60) days of receipt by the City_ <br />Manager of the ALSs proposed decision, the Citv <br />Manager may take any of the followin,, actions: <br />aL Adopt the proposed decision in its entirety. <br />13 <br />81 <br />