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B. Flearing 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 reporter <br /> shall be split evenly (50%and 50%) between the City and the Association. Once <br /> the arbitrator issues their advisory recommendation, the Executive Director of <br /> Human Resources or Designee will submit the advisory recommendation to the <br /> City Manager. <br /> 1. The Arbitrator's Decision: The arbitrator shall issue their advisory <br /> recommendation within thirty(30)calendar days from the conclusion of the <br /> hearing. <br /> C. The City Manager's Role: Within thirty-five (35) calendar days of receipt of the <br /> advisory arbitrator's recommendation, the City Manager shall issue and send their <br /> final written decision to the parties.The City Manager may accept,reject,or modify <br /> the arbitrator's advisory recommendation or any part thereof. The City Manager's <br /> decision shall be final and binding. In reaching their decision, the City Manager <br /> shall review the arbitrator's advisory recommendation and the evidence, both <br /> documentary and testimonial, and arguments presented at the advisory arbitration. <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 that <br /> provides a ninety(90) day statute of limitations. <br /> 17.4 Alleged violations of City Rules, Regulations, and Policies <br /> If an employee, group of employees or the Association (grievant) believes there has been <br /> a violation, misapplication or misinterpretation of a City rule, regulation or policy, the <br /> grievant may, file a grievance within ten (10) calendar days of the alleged violation, <br /> misapplication or misinterpretation or when the grievant knew or should have reasonably <br /> become aware of the facts giving rise to the grievance. The parties may mutually agree to <br /> extend the timeline to file a grievance per this section. <br /> Such a grievance should be filed with the Executive Director of Human Resources or <br /> designee. The grievant may request a meeting with either the Chief of Police or City <br /> Manager (depending on who made decision). The decision of Chief of Police or City <br /> Manager's shall be final. <br /> 61 <br />