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b. The City Manager or designee shall meet with the employee within <br />twenty-one (21) days after submission of the appeal. The City <br />Manager or designee may affirm, reverse, or modify the disciplinary <br />action. <br />The City Manager or designee shall deliver the written response to the <br />employee within ten (10) calendar days after meeting with the <br />employee. <br />2. Step 2. <br />a. Filing the appeal: If an employee is not satisfied with the City <br />Manager or designee's decision, they (or their representative) shall <br />submit a written notice of appeal to be submitted to an impartial <br />arbitrator for a final and binding decision. Such written notice of <br />appeal shall be submitted in writing to the Executive Director of <br />Human Resources or designee. <br />b. The City and Association shall create and maintain a standing list of <br />three (3) to five (5) mutually approved arbitrators. <br />The City and Association shall select an arbitrator from the standing <br />list via the striking method. The parties shall mutually agree which <br />party strikes the first name. If the parties cannot mutually agree, the <br />parties shall toss a coin to determine who shall strike the first name. <br />Once 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 strikes the first <br />name. If the parties cannot mutually agree, the parties shall toss a coin <br />to determine who shall strike the first name. Once the arbitrator is <br />selected, the parties will contact the arbitrator to schedule a hearing. <br />Hearing Process: During the hearing, the formal rules of evidence do <br />not apply. The cost of the arbitrations, including but not limited to the <br />list of arbitrators, the arbitrator themselves, and the court reporter <br />shall be split evenly between the City and Association. The <br />arbitrator's decision will be final and binding. The arbitrator shall <br />