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17.3.4.5 <br /> <br />17.3.4.6 <br /> <br />17.3.4.7 <br />17.3.4.8 <br /> <br />17.3.4.9 <br /> <br />provisions of this MOU or the written ordinances, resolutions, <br />rules, regulations and procedures of the City, nor shall he/sbe <br />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 make any decision that requires the City or <br />management to do an act prohibited by law. <br /> <br />In the event that this grievance procedure is used to challenge <br />punitive disciplinary actions us provided in Section 17.2.7 above, <br />the City and the Association agree that the arbitrator shall <br />prepare a written decision containing findings of fact, <br />determinations, of issues and a disposition 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 susta'med. <br /> <br />After a hearing and after both parties have had an opportunity to <br />make written arguments, the arbitrator shall submit in writing to <br />all parties his findings and award. <br /> <br />The award of the arbitrator shall be final and binding. <br /> <br />The fees and expenses of the arbitrator shall be shared equally by <br />the City and the Association. <br /> <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 hearing. <br />The cost of the services of such court reporter shall be shared <br />equally by the parties. <br /> <br />By 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 />gdevanee/arbitration procedure. The processing of a grievance <br />beyond Level m shall constitute an express election on the part <br />of the grievant that the grievance/arbitration procedure is the <br />chosen forum for resolving the issues contained in the grievance, <br />and that the grievant will not resort to any other forum or <br />procedure for resolution or review of the issues. The parties do <br />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 />32 <br /> <br /> <br />