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6.1C Page 35 supply a panel of five names of persons experienced in hearing grievances in cities. Each party shall alternately strike a name until only one remains. The remaining panel member shall be the arbitrator. The order ofthe striking shall be determined by lot. 15.3.4.2 If either the City or the Association so requests, a separate arbitrator shall be selected to hear the merits of any issues raised regarding the arbitrability of a grievance. No hearing on the merits of the grievance will be conducted until the issue of arbitrability has been decided. The process to be used in selecting an arbitrator shall be as set forth in 15.3 .4.1. 15.3.4.3 The arbitrator shall, as soon as possible, hear evidence and render a decision on the issue or issues submitted to him/her. If the parties cannot agree upon a submission agreement, the arbitrator shall determine the issues by referring to the written grievance and the answers thereto at each step. 15.3.4.4 The City and the Association agree that the jurisdiction and authority of the arbitrator so selected and the opinions the arbitrator expresses will be confined exclusively to the interpretation of the express provision or provisions of this MOV at issue between the parties. The arbitrator shall have no authority to add to, subtract from, alter, amend, or modify any provisions of this MOV or the written ordinances, resolutions, rules, regulations and procedures of the City, nor shall he/she impose any limitations or obligations not specifically provided for under the terms of this MOU. The Arbitrator shall be without power of authority to make any decision that requires the City or management to do an act prohibited by law. 15.3.4.5 In the event that this grievance procedure is used to challenge punitive disciplinary actions as provided in Section 15.2.7 above, the City and the Association agree that the arbitrator shall prepare a written decision containing findings of fact, determinations, of issues and a disposition either: (l) that the position of the grievant shall be sustained; or (2) that the position of the Police Chief shall be sustained. 15.3.4.6 After a hearing and after both parties have had an opportunity to make written arguments, the arbitrator shall submit in writing to all parties his/her findings and award. 15.3.4.7 The award of the arbitrator shall be final and binding. 15.3.4.8 The fees and expenses of the arbitrator shall be shared equally by the City and the Association. 29