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merits of the grievance will be conducted until the issue of <br />arbitrability has been decided. The process to be used in <br />selecting an arbitrator shall be as set forth in 17.3.4.1. <br />17.3.4.3 The arbitrator shall, as soon as possible, hear evidence and render <br />a decision on the issue or issues submitted to him. If the parties <br />cannot agree upon a submission agreement, the arbitrator shall <br />determine the issues by referring to the written grievance and the <br />answers thereto at each step. <br />17.3.4.4 The City and the Association agree that the jurisdiction and <br />authority of the arbitrator so selected and the opinions the <br />arbitrator expresses will be confined exclusively to the <br />interpretation of the express provision or provisions of this MOU <br />at issue between the parties. The arbitrator shall have no <br />authority to add to, subtract from, alter, amend, or modify any <br />provisions of this MOU or the written ordinances, resolutions, <br />rules, regulations and procedures of the City, nor shall he/she <br />impose any limitations or obligations not specifically provided <br />for under the terms of this MOU. The Arbitrator shall be without <br />power of authority to make any decision that requires the City or <br />management to do an act prohibited by law. <br />17.3.4.5 In the event that this grievance procedure is used to challenge <br />punitive disciplinary actions as provided in Section 17.2.7 above, <br />the City and the Association agree that the arbitrator shall <br />prepare a written decision containing findings of fact, <br />determinations, of issues and a disposition either: <br />(1) that the position of the grievant shall be sustained; or <br />(2) that the position of the Police Chief shall be sustained. <br />17.3.4.6 After a hearing and after both parties have had an opportunity to <br />make written arguments, the arbitrator shall submit in writing to <br />all parties his findings and award. <br />17.3.4.7 The award of the arbitrator shall be final and binding. <br />17.3.4.8 The fees and expenses of the arbitrator shall be shared equally by <br />the City and the Association. <br />All other expenses shall be borne by the party incurring them, <br />and neither party shall be responsible for the expense of <br />witnesses called by the other. Either party may request a <br />certified court reporter to record the entire arbitration hearing. <br />The cost of the services of such court reporter shall be shared <br />equally by the parties. <br />32 <br />