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22.11 (1) The provisions of this Section shall not abridge <br /> any right to which an employee may be entitled <br /> under the City Ordinance and resolutions, nor shall <br /> it be administered in a manner which would abrogate <br /> any power which may be within the sole province and <br /> discretion of the City Council. <br /> (2) All grievance of employees in representations units <br /> represented by the Association shall be processed <br /> under this section. <br /> Section 23. Medical Examination <br /> In the event the department head or City Manager <br /> determines there is a necessity for a medical <br /> examination, an employee shall submit to such medical <br /> examination at any time during such employee's <br /> employment. Such examination shall be given by a <br /> physician selected by the City and the full cost of such <br /> medical examination shall be borne by the City as shall <br /> any additional medical examinations required by the City. <br /> Should the employee disagree with the medical opinion of <br /> the physician selected by the City, the employee may <br /> consult with his /her own physician and, if his /her <br /> private physician's report conflicts with that of the <br /> City's physician in terms of ability to work at the <br /> employee's regular job, then the employee may request a <br /> medical evaluation through a third physician mutually <br /> agreed upon by the employee and the City. The cost for <br /> such examination will be equally shared by the City and <br /> the employee and the decision of this third physician <br /> concerning the continuing ability of the employee to <br /> perform his /her work shall be the basis for returning the <br /> employee to his /her regular work. <br /> The above procedures shall be utilized for psychological <br /> examinations and evaluations of employees except that <br /> the employee shall be notified of the reason for the <br /> examination. Should a psychological examination or <br /> evaluation report be prepared, such document shall be <br /> kept confidential according to the requirements of the <br /> state law. <br /> Section 24. Outside Employment <br /> Employees who plan to participate in any gainful <br /> occupation other than City service during off -duty time <br /> must secure written permission to do so from the PJ1ice <br /> Chief. The City retains the right to refuse permission <br /> to any employee for such outside employment whenever it <br /> appears to the City that such outside employment would <br /> materially interfere with the proper performance of the <br /> City's service for which the employee has been hired, or <br /> that such outside employment may place the employee in a <br /> position of conflict with the City. <br /> -23- <br />