Agmt11 Chief Officers Association (COA)

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Association to refer employees who have such problems to this counseling service for assistance. In the event that the employee refuses to participate in such counseling or in the event the drug andlor alcohol problem is not resolved through such counseling, the City reserves the right to take disciplinary action against the employee, up to and including dismissal. 2978.4.4The City may compel an employee who is unable to perform the duties of hismer position to submit to a medical examinafion on the City's time by a doctor selected by the City and paid at the City's expense. The City and the Association agree to exchange ideas and information regarding the establishment of a City Alcohol and Drug Abuse Policy during the term of this Agreement. ARTICLE �319 GRIEVANCE PROCEDURE 2379.7 Definition 2419.1.7 A grievance shall be defined as any dispute which involved the interpretation or appiication of any provision of this Memorandum of Understanding during its term, excluding all ordinances, resolutions, rules and regulations, the subject of which is not specifically covered by the provisions of this Memorandum. Such excluded ordinances, resolutions, rules and regulations shall not be subject to the Grievance Procedure. Performance evaluations and Letters of Reprimand shall not . be subject to the grievance procedure. 2�19.1.2A working day is any day that the City's offices are open for business. 2�79.2 Procedure Grievances as defined in Section 2�119.1 above shall be processed only in the following manner 2�379.2.1Any employee who believes that he/she has a grievance may discuss the grievance with the top management o�cial in the employee's department, or with such subordinate management official as the �'°^°a�wFire Chief may designate. If the issue is not resolved within the department, the procedures hereinafter specifed may be invoked. 2�79.2.2The employee may then notify the Human Resources Director and the Association in writing within five (5) working days that a grievance exists. The notifcation shall state the particulars of the grievance and the remedy which is desired. The Human Resources Director shall investigate the issues involved, meet with the grievant and attempt to reach a satisfactory resolution of the problem. No grievance may be processed under Section 2a,?419.2.4 below which has not first been filed and investigated pursuant to this Section �1-2�:2192.2. The Human Resources Director shall have twenty (20) working days from the date of notification to issue his decision on the subject grievance. Such notification shall be sent in writing to the grievant and the Association. 2�19.2.3Any grievance which has not been resoNed by the procedures set forlh above may be referred to the City Manager by the grievant or by the Human Resources Director within five (5) working days of receipt of the decision of the Human Resources Director. Any such referral shall be in writing, and shall include the specific issues involved together with a statement of the resolution which is desired. A representative of the City Manager, who shall not be the Human Resources Director, 31