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appeal. The Department Head or City Manager or designee may <br /> affirm, reverse, or modify the disciplinary action. <br /> C. The Department Head or City Manager or designee shall deliver the <br /> written response to the employee within ten(10) calendar days after <br /> meeting with the employee. <br /> 2. Step 2. <br /> a. Filing the appeal: If the employee is not satisfied with the <br /> Department Head's or City Manager's or designee's decision, they <br /> (or their representative) shall submit a written notice of appeal to be <br /> submitted to an impartial arbitrator for a final and binding decision. <br /> The Union may elect to submit the appeal to the City Manager for <br /> review in lieu of binding arbitration; in that case, the decision of the <br /> City Manager shall be final and binding. Such written notice of <br /> appeal shall be submitted in writing to the Executive Director of <br /> Human Resources or designee within ten (10) calendar days of <br /> receiving the written decision from the Department Head or City <br /> Manager or designee. <br /> b. The City and Union shall create and maintain a standing list of three <br /> (3) to five (5) mutually approved arbitrators. <br /> C. The City and Union shall select an arbitrator from the standing list <br /> via the striking method. The parties shall mutually agree which party <br /> strikes the first name. If the parties cannot mutually agree,the parties <br /> shall toss a coin to determine who shall strike the first name. Once <br /> the arbitrator is selected, the parties will contact the arbitrator to <br /> schedule a hearing. <br /> d. If none of the identified arbitrators are able to take the case, then the <br /> parties will request a list of seven (7) arbitrators from the State <br /> Mediation and Conciliation Services. Once the list is received, the <br /> representatives of the parties shall strike names until an arbitrator is <br /> chosen. The parties shall mutually agree which party will strike the <br /> first name. If the parties cannot mutually agree, the parties shall toss <br /> a coin to determine who shall strike the first name. Once the <br /> arbitrator is selected, the parties will contact the arbitrator to <br /> schedule a hearing. <br /> e. Hearing Process: During the hearing, the formal rules of evidence <br /> do not apply. The cost of the arbitrations, including but not limited <br />