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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 />