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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. St. ep 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 Association may elect to submit the appeal to the City Manager <br /> for review in lieu of binding arbitration; in that case,the decision of <br /> the 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 Association shall create and maintain a list of three(3) <br /> to five (5)mutually approved arbitrators. <br /> C. 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 <br /> to 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 /> to the list of arbitrators, the arbitrator themselves, and the court <br /> reporter, shall be split evenly between the City and the Association. <br /> The arbitrator's decision will be final and binding. The arbitrator <br /> shall issue the decision within thirty (30) calendar days from the <br /> conclusion of the hearing, unless the parties agree otherwise. <br /> 15.3 Informal Appeals Procedure <br /> CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: JULY 1,2025 THROUGH JUNE 30,2028 <br /> Page 51 <br /> 13139922.1 SA370-001 <br />