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� - <br />resolutions, rules regulations and procedures of the City, nor shall <br />he /she 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 retake any decision that requires the City or <br />management to do an act prohibited by law. <br />15.3.4.5 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 <br />decision containing findings of fact, determinations, of issues and a <br />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 />15.3.4.6 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 />his/her findings and award. <br />15.3.4.7 The award of the arbitrator shall be final and binding. <br />153.4.8 The fees and expenses of the arbitrator shall be shared equally by the <br />City and the Association. <br />All other expenses shall be bome by the party incurring them, and <br />neither party shall be responsible for the expense of witnesses called <br />by the other. Either party may request a certified court reporter to <br />record the entire arbitration hearing. The cost of the services of such <br />court reporter shall be shared equally by the parties. <br />15.3.4.9 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 <br />any 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 <br />to any other forum or procedure for resolution or review of the issues. <br />The parties do not intend by the provisions of this paragraph to <br />preclude the enforcement of any arbitration award in any court of <br />competent jurisdiction. <br />28 <br />