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14.2 Disciplinary Procedures <br />14.2.1 Response to Adverse Comments <br />An employee will have thirty (30) days within which to file a written <br />response to any adverse comment entered into his or her personnel <br />file, which does not constitute a punitive action as described below. <br />The written response will be attached to the adverse comment. <br />14.2.2 Appeal Procedure for Punitive Action Other Than Suspension, <br />Reduction in Pay, Demotion or Discharge <br />The following informal procedure will apply to employees (as defined <br />by Government Code Section 3251) as to letters of reprimand, <br />disciplinary transfers or non -voluntary, non -disciplinary transfers <br />resulting in a loss of compensation (e.g., non -disciplinary transfer out <br />of premium pay assignment). At no time will an employee be <br />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 <br />covered by this section will be entitled to appeal the action to <br />the Fire Chief prior to the effective date of the punitive action. <br />The appeal is an opportunity for the employee to present <br />written material and arguments why a punitive action should <br />not occur or offer alternatives to the action. <br />a) Notice of Appeal: Within ten (10) calendar days of receipt <br />by an employee of notification of a punitive action, the <br />employee will notify the Chief in writing that he/she <br />intends to appeal the punitive action. The notice of appeal <br />will specify the action being appealed and the substantive <br />and procedural grounds for the appeal. <br />Nothing in this section will limit the right of the <br />Department to institute disciplinary action, <br />notwithstanding that an appeal may be pending. <br />b) Presiding Officer: In an informal procedure, the Chief or <br />his/her designee will act as the presiding officer. The Chief <br />or his/her designee shall conduct the informal procedure <br />in accordance with these processes. The determination of <br />the Chief shall be final and binding. If the Chief cannot <br />serve as the presiding officer because of actual bias, <br />prejudice or interest as defined by Government Code <br />Section 11425.40, then the City Manager or his/her <br />designee will serve as the presiding officer and, in that <br />25 <br />