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V, 2 <br />17.3.4.5in the event that this grievance procedure is used to challenge <br />punitive disciplinary actions as provided in Section 17.2.7 <br />above, the City and the Association agree that the arbitrator <br />shall prepare a written decision containing findings V 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 />17.3.4.6After a hearing and after both parties have had an opportunity <br />to make written arguments, the arbitrator shall submit in <br />writing to all parties his findings and award. <br />17.3.4.7The award of the arbitrator shall be final and binding. <br />17.3.4.8The fees and expenses of the arbitrator shall be shared equally <br />by 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 <br />hearing. The cost of the services of such court reporter shall <br />be shared equally by the parties. <br />17.3.4.9By filing a grievance and processing it beyond Level III, the <br />grievant expressly waives any right to statutory remedies or to <br />the exercise of any legal process other than as provided by this <br />grievance/ arbitration procedure. The processing of a <br />grievance beyond Level III shall constitute an express election <br />on the part of the grievant that the grievance /arbitration <br />procedure is the chosen forum for resolving the issues <br />contained in the grievance, and that the grievant will not <br />resort to any other forum or procedure for resolution or review <br />of the issues. The parties do not intend by the provisions of <br />this paragraph to preclude the enforcement of any arbitration <br />award in any court of competent jurisdiction. <br />SECTION 18. OUTSIDE EMPLOYMENT <br />18.1 A unit member shalt not engage in any employment, activity or enterprise for <br />compensation which is inconsistent, incompatible, in conflict with, or inimical <br />to his /her duties as an employee of the City, or with the duties, functions, or <br />responsibilities of the City. <br />36 242 <br />