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ARTICLE XVI <br />16.0 DISCIPLINE <br />16.1 Pre -Disciplinary Procedure <br />If an employee is to be suspended without pay, receive a reduction in pay, transferred for <br />purposes of discipline, demoted, or discharged, the employee shall: <br />A. Receive written notice of the intended action at least ten (10) calendar days before the <br />date it is intended to become effective, stating the specific grounds and the particular <br />facts upon which the intended action is based. <br />B. Receive copies of any known materials, reports, transcripts, statements, or other <br />documents upon which the intended action is based. <br />C. Be accorded the right to respond to the intended charges in writing or in person with <br />the Chief of Police or designee within a reasonable period of time, not to exceed ten <br />(10) business days unless the Chief of Police or designee authorizes a longer time. <br />D. Be given the written decision of the Chief of Police or designee prior to the effective <br />date of the disciplinary action. <br />16.2 Disciplinary Appeals Procedure <br />The following appeals procedures are adopted by the parties pursuant to Government Code <br />section 3304.5 of the Public Safety Officers' Procedural Bill of Rights Act. <br />A. Punitive Action - The term "punitive action" means any action defined by <br />Government Code section 3303, i.e., "any action that may lead to dismissal, <br />demotion, suspension, reduction in salary, written reprimand, or transfer for <br />purposes of punishment." <br />B. Formal Appeals Procedures — For Punitive Action not Covered by the Informal <br />Hearing Process <br />1. Filing an 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 <br />57 <br />