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52 <br />ARTICLE XVI <br /> <br />16.0 DISCIPLINE <br /> <br />16.1 Pre-Disciplinary Procedure. <br /> <br />If an employee is to be suspended, receive a reduction in pay, transferred for purposes of <br />discipline, demoted, or discharged, the employee shall: <br /> <br />1. Receive written notice of the intended action at least ten (10) calendar days before <br />the date it is intended to become effective, stating the specific grounds and the <br />particular facts upon which the intended action is based. <br /> <br />2. Receive copies of any known materials, reports, transcripts, statements or other <br />documents upon which the intended action is based upon. <br /> <br />3. Be accorded the right to respond to the intended charges in writing or in person with <br />the Chief of Police within a reasonable period of time, not to exceed ten (10) days <br />unless the Chief of Police authorizes a longer time. <br /> <br />5. Be given the written decision of the Chief of Police prior to the effective date of the <br />disciplinary action. <br /> <br />16.2 Disciplinary Appeals Procedure. <br /> <br />The following appeals procedures are adopted by the parties pursuant to Government Code <br />§ 3304.5 of the Public Safety Officers’ Procedural Bill of Rights Act. <br /> <br />1. Punitive Action - The term “punitive action” means any action defined by <br />Government Code § 3303, i.e., “any action that may lead to dismissal, demotion, <br />suspension, reduction in salary, written reprimand, or transfer for purposes of <br />punishment.” <br /> <br />2. Formal Appeals Procedures – For Punitive Action Not Covered by the Informal <br />Hearing Process <br /> <br />a. Filing the appeal: If an employee desires to appeal a disciplinary action not <br />covered by the informal process, they (or their representative) shall submit a <br />written notice of appeal to the Executive Director of Human Resources or <br />designee. A representative of the City shall contact either the employee or their <br />identified representative within ten (10) calendar days of receipt of the notice <br />of appeal to determine whether the parties can agree on an arbitrator to hear the <br />appeal. If the parties cannot reach agreement on an arbitrator, the Executive <br />Director of Human Resources or designee will send a letter to the State <br />Mediation and Conciliation Service requesting a list of seven (7) arbitrators. <br />Once the list is received, the representatives of the parties shall strike names <br />until an arbitrator is chosen. The parties shall toss a coin to determine who shall