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<br />45 <br /> <br /> <br />16.3.4.4 The City and the Association agree that the jurisdiction and authority of <br />the arbitrator so selected and the opinions the arbitrator expresses will <br />be confined exclusively to the interpretation of the express provision or <br />provisions of this MOU at issue between the parties. The arbitrator shall <br />have no authority to add to, subtract from, alter, amend, or modify any <br />provisions of this MOU or the written ordinances, resolutions, rules, <br />regulations and procedures of the City, nor shall they impose any <br />limitations or obligations not specifically provided for under the terms <br />of this MOU. The Arbitrator shall be without power of authority to make <br />any decision that requires the City or management to do an act prohibited <br />by law. <br /> <br />16.3.4.5 In the event that this grievance procedure is used to challenge punitive <br />disciplinary actions as provided in Section 15.2.7 above, the City and <br />the Association agree that the arbitrator shall prepare a written decision <br />containing findings of fact, determinations, of issues and a disposition <br />either: <br /> <br />(1) that the position of the grievant shall be sustained; or <br /> <br />(2) that the position of the Police Chief shall be sustained. <br /> <br />16.3.4.6 After a hearing and after both parties have had an opportunity to make <br />written arguments, the arbitrator shall submit in writing to all parties <br />their findings and award. <br /> <br />16.3.4.7 The award of the arbitrator shall be final and binding. <br /> <br />16.3.4.8 The fees and expenses of the arbitrator shall be shared equally by the <br />City and the Association. <br /> <br />All other expenses shall be borne by the party incurring them, and <br />neither party shall be responsible for the expense of witnesses called by <br />the other. Either party may request a certified court reporter to record <br />the entire arbitration hearing. The cost of the services of such court <br />reporter shall be shared equally by the parties. <br /> <br />16.3.4.9 By filing a grievance and processing it beyond Level III, the grievant <br />expressly waives any right to statutory remedies or to the exercise of any <br />legal process other than as provided by this grievance/arbitration <br />procedure. The processing of a grievance beyond Level III shall <br />constitute an express election on the part of the grievant that the <br />grievance/arbitration procedure is the chosen forum for resolving the <br />issues contained in the grievance, and that the grievant will not resort to <br />any other forum or procedure for resolution or review of the issues. The <br />parties do not intend by the provisions of this paragraph to preclude the <br />enforcement of any arbitration award in any court of competent <br />jurisdiction. <br /> <br />6.H. - Page 53 of 72 <br />395