Laserfiche WebLink
<br />44 <br /> <br />involvement at this level, does not affect any other part of the <br />grievance procedure contained in this MOU. <br /> <br />4. The entire process from date of notification to the PSA, by the <br />Chief, will be no longer than ten (10) working days unless extended <br />by mutual agreement. <br />5. All communications between the Chief and the Association at this <br />level is advisory and confidential. <br /> <br />16.3.3 Level III - Appeal to Personnel Officer <br /> <br />16.3.3.1 If the grievant is not satisfied with the decision at Level II, the grievant <br />may within ten (10) days of the receipt of the decision at Level II appeal <br />the decision on the appropriate form to the Personnel Officer. This <br />statement shall include a copy of the original grievance and appeal, and <br />a clear, concise statement of the reasons for the appeal. Evidence offered <br />in support of a disciplinary grievance filed pursuant to Section 16.2.3 of <br />this MOU shall be submitted in the form of written declarations executed <br />under penalty of perjury. <br /> <br />16.3.3.2 The Personnel Officer shall communicate the decision to the grievant <br />within ten (10) days. If the Personnel Officer does not respond within <br />the time limits provided, the grievant may appeal to the next level. <br /> <br />16.3.4 Level IV - Binding Arbitration <br /> <br />16.3.4.1 If the grievant is not satisfied with the decision at Level III, the grievant <br />may within ten (10) days of the receipt of the decision submit a request <br />in writing to the Association for arbitration of the dispute. Within <br />twenty (20) days of the grievant's receipt of the decision at Level III, the <br />Association shall inform the City of its intent as to whether or not the <br />grievance will be arbitrated. The Association and the City shall attempt <br />to agree upon an arbitrator. If no agreement can be reached, they shall <br />request that the State Conciliation Service supply a panel of five names <br />of persons experienced in hearing public safety grievances in cities. <br />Each party shall alternately strike a name until only one remains. The <br />remaining panel member shall be the arbitrator. The order of the striking <br />shall be determined by lot. <br /> <br />16.3.4.2 If either the City or the Association so requests, a separate arbitrator <br />shall be selected to hear the merits of any issues raised regarding the <br />arbitrability of a grievance. No hearing on the merits of the grievance <br />will be conducted until the issue of arbitrability has been decided. The <br />process to be used in selecting an arbitrator shall be as set forth in <br />15.3.4.1. <br /> <br />16.3.4.3 The arbitrator shall, as soon as possible, hear evidence and render a <br />decision on the issue or issues submitted to arbitration. 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 />6.H. - Page 52 of 72 <br />394