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53 <br />strike the first name. Once the arbitrator is selected, the parties will contact the <br />arbitrator to schedule a hearing. <br /> <br />b. Hearing Process: During the hearing, the formal rules of evidence do not apply. <br />The cost of the list of arbitrators, the arbitrator themselves, and the court <br />reporter shall be split evenly (50% and 50%) between the City and the <br />Association. Once the arbitrator issues their advisory recommendation, the <br />Executive Director of Human Resources or designee will submit the advisory <br />recommendation to the City Manager. <br /> <br />1) The Arbitrator’s Decision: The arbitrator shall issue their advisory <br />recommendation within thirty (30) calendar days from the conclusion of <br />the hearing. <br /> <br />c. The City Manager’s Role: Within thirty-five (35) calendar days of receipt of <br />the advisory arbitrator’s recommendation, the City Manager shall issue and <br />send their final written decision to the parties. The City Manager may accept, <br />reject, or modify the arbitrator's advisory recommendation or any part thereof. <br />In no case, however, may the City Manager increase the penalty above that <br />imposed by the Chief of Police. The City Manager's decision shall be final and <br />binding. In reaching their decision, the City Manager shall review the <br />arbitrator's advisory recommendation and the evidence, both documentary and <br />testimonial, and arguments presented to the advisory arbitration. <br /> <br />d. Right to File in Court: The employee has the right to appeal the City Manager’s <br />decision in accordance with California Code of Civil Procedure section 1094.6 <br />that provides a ninety (90) day statute of limitations. <br /> <br />16.3 Informal Appeals Procedures. <br /> <br />The Informal Appeals Procedure, as opposed to the formal procedures, will be used for <br />written reprimands. <br /> <br />a. Appeal to the Chief of Police <br /> <br />1) The appeal is an opportunity for the employee to present information and <br />arguments why a punitive action should not occur or offer alternatives to the <br />action. <br /> <br />2) Notice of Appeal: Within ten (10) calendar days of receipt by an employee of <br />the written reprimand, the employee shall notify the Executive Director of <br />Human Resources or Designee in writing that they intend to appeal the punitive <br />action. The Executive Director of Human Resources or designee shall contact <br />either the employee or their identified representative within ten (10) calendar <br />days of receipt of the notice of appeal to schedule the appeal. <br />