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Chief will listen to confidential, oral input as it relates to the <br />actual level of discipline to be taken. Association <br />involvement at this level, does not affect any other part of <br />the grievance procedure contained in this MOU. <br />4. The entire process from date of notification to the POA, by <br />the Chief, will be no longer than ten (10) working days <br />unless extended by mutual agreement. <br />5. All communications between the Chief and the Association <br />at this level is advisory and confidential. <br />17.3.3 Level III - Appeal to Personnel Officer <br />17.3.3.1 If the grievant is not satisfied with the decision at Level 11, the <br />grievant may within ten (10) days of the receipt of the decision at <br />Level II appeal the decision on the appropriate form to the <br />Personnel Officer. This statement shall include a copy of the <br />original grievance and appeal, and a clear, concise statement of <br />the reasons for the appeal. Evidence offered in support of a <br />disciplinary grievance filed pursuant to Section 17.2.3 of this <br />MOU shall be submitted in the form of written declarations <br />executed under penalty of perjury. <br />17.3.3.2 The Personnel Officer shall communicate the decision to the <br />grievant within ten (10) days. If the Personnel Officer does not <br />respond within the time limits provided, the grievant may appeal <br />to the next level. <br />17.3.4 Level IV - Binding Arbitration <br />17.3.4.1 If the grievant is not satisfied with the decision at Level III, the <br />grievant may within ten (10) days of the receipt of the decision <br />submit a request in writing to the Association for arbitration of <br />the dispute. Within twenty (20) days of the grievant's receipt of <br />the decision at Level III, the Association shall inform the City of <br />its intent as to whether or not the grievance will be arbitrated. <br />The Association and the City shall attempt to agree upon an <br />arbitrator. If no agreement can be reached, they shall request that <br />the State Conciliation Service supply a panel of five names of <br />persons experienced in hearing grievances in cities. Each party <br />shall alternately strike a name until only one remains. The <br />remaining panel member shall be the arbitrator. The order of the <br />striking shall be determined by lot. <br />17.3.4.2 If either the City or the Association so requests, a separate <br />arbitrator shall be selected to hear the merits of any issues raised <br />regarding the arbitrability of a grievance. No hearing on the <br />31 <br />