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<br />41 <br /> <br />Chief shall prepare and provide the employee with a Notice of Discipline <br />(NOD) that contains the following: <br /> <br />1. The level of discipline, if any, to be imposed and the effective date of the <br />discipline. <br />2. The specific charges upon which the discipline is based; <br />3. A summary of the facts upon which the charges are based; <br />4. A copy of all written materials, reports, or documents upon which the <br />discipline is based; and <br />5. A statement of the nature of the employee’s right to appeal. <br />6. A statement advising about non-retaliation. <br /> <br />SECTION 16. GRIEVANCE PROCEDURE <br /> <br />16.1 Definitions <br /> <br />16.1.1 A "grievance" is a formal written allegation by a member of the bargaining unit <br />who has been adversely affected by an alleged violation of the specific provisions <br />of this MOU during its term, excluding all ordinances, resolutions, rules and <br />regulations, the subject of which is not specifically covered by the provisions of <br />this MOU. Such excluded ordinances, resolutions, rules and regulations shall not <br />be subject to the Grievance Procedure. Performance evaluations shall not be <br />subject to the grievance procedure. Complaints of harassment, discrimination, and <br />retaliation based on protected class or activity may be handled in accordance with <br />City policy against workplace harassment, discrimination and retaliation, as <br />periodically amended, and shall not be subject to the grievance procedure. <br /> <br />16.1.2 A "disciplinary grievance" is a formal written objection or challenge to any <br />punitive disciplinary action including dismissal, demotion, suspension, reduction <br />in salary, written reprimand, or transfer for purposes of punishment. Any reduction <br />in pay for change in assignment, which occurs in the course of regular rotation and <br />is not punitive, shall not be subject to this grievance procedure. <br /> <br />16.1.3 A "grievant" is any employee adversely affected by an alleged violation of the <br />specific provisions of this MOU, or a punitive disciplinary action. <br /> <br />16.1.4 Unless otherwise specified, a "day" is any day in which the administrative offices <br />of the City of Redwood City are open for regularly scheduled business. <br /> <br />16.2 General Provisions <br /> <br />16.2.1 Until final disposition of a grievance, the grievant shall comply with the directions <br />of the grievant's immediate supervisor. <br /> <br />16.2.2 All documents dealing with the processing of a grievance (with the exception of <br />disciplinary documents) shall be filed separately from the personnel files of the <br />participants. <br /> <br />16.2.3 Any disciplinary grievances arising out of an incident in which the maximum <br />corrective action imposed is a letter of reprimand or warnings shall not be appealed <br />beyond Level III of this Section 16, Grievance Procedure. <br />6.H. - Page 49 of 72 <br />391