Item 12 - Adopt MOU SAPOA 1/1/24 - 6/30/27 and SAPMA Compensation Resolution

Home Browse Search

strike the first name. Once the arbitrator is selected, the parties will contact the arbitrator to schedule a hearing. 2. Hearing process: During the hearing, the formal rules of evidence do not apply. The cost of the list of arbitrators, the arbitrator themselves, and the court reporter shall be split evenly (50% and 50%) between the City and the Association. Once the arbitrator issues their advisory recommendation, the Executive Director of Human Resources or designee will submit the advisory recommendation to the City Manager. a. The Arbitrator's Recommendation: The arbitrator shall issue their advisory recommendation within thirty (30) calendar days from the conclusion of the hearing. 3. The City Manager's Role: Within thirty-five (35) calendar days of receipt of the advisory arbitrator's recommendation, the City Manager shall issue and send their final written decision to the parties. The City Manager may accept, reject, or modify the arbitrator's advisory recommendation or any part thereof. In no case, however, may the City Manager increase the penalty above that imposed by the Chief of Police. The City Manager's decision shall be final and binding. In reaching their decision, the City Manager shall review the arbitrator's advisory recommendation and the evidence, both documentary and testimonial, and arguments presented during the advisory arbitration. 4. Right to File in Court: The employee has the right to appeal the City Manager's decision in accordance with California Code of Civil Procedure section 1094.6 that provides a ninety (90) day statute of limitations. 16.3 Informal Appeals Procedures The Informal Appeals Procedure, as opposed to the formal procedures, will be used for written reprimands. A. Appeal to the Chief of Police 1. The appeal is an opportunity for the employee to present information and arguments why a punitive action should not occur or offer alternatives to the action. 2. Notice of Appeal: Within ten (10) calendar days of receipt by an employee of the written reprimand, the employee shall notify the Executive Director of Human Resources or Designee in writing that they intend to appeal the written reprimand. The Executive Director of Human Resources or designee shall contact either the employee or their identified representative within ten (10) calendar days of receipt of the notice of appeal to schedule the appeal.