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action for the purpose of effecting changes in the directives or decision of management of <br /> the City, nor to effect or change of personnel or operations of management or of <br /> employees not covered by the Memorandum of Understanding. <br /> 23.11 (I) The provisions of this Section shall not abridge any right to which an employee may <br /> be entitled under the City Ordinance and resolutions, nor shall it be administered in <br /> a manner which would abrogate any power which may be within the sole province <br /> and discretion of the City Council. <br /> (2) All grievance of employees in representation units represented by the Association <br /> shall be processed under this section. <br /> Section 24. Medical Examination <br /> In the event the department head or City Manager determines there is a necessity for a <br /> medical examination, an employee shall submit to such medical examination at any time <br /> during such employee's employment. Such examination shall be given by a physician <br /> selected by the City and the full cost of such medical examination shall be borne by the <br /> City as shall any additional medical examinations required by the City. <br /> Should the employee disagree with the medical opinion of the physician selected by the <br /> City, the employee may consult with his/her own physician and, if his/her private <br /> physician's report conflicts with that of the City's physician in terms of ability to work at <br /> the employee's regular job, then the employee may request a medical evaluation through a <br /> third physician mutually agreed upon by the employee and the City. The cost for such <br /> examination will be equally shared by the City and the employee and the decision of this <br /> third physician concerning the continuing ability of the employee to perform his/her work <br /> shall be the basis for returning the employee to his/her regular work. <br /> The above procedures shall be utilized for psychological examinations and evaluations of <br /> employees except that the employee shall be notified of the reason for the examination. <br /> Should a psychological examination or evaluation report be prepared, such document <br /> shall be kept confidential according to the requirements of the state law. <br /> Section 25. Outside Employment <br /> Employees who plan to participate in any gainful occupation other than City service <br /> during off -duty time must secure written permission to do so from the Police Chief. The <br /> City retains the right to refuse permission to any employee for such outside employment <br /> whenever it appears to the City that such outside employment would materially interfere <br /> with the proper performance of the City's service for which the employee has been hired, <br /> or that such outside employment may place the employee in a position of conflict with <br /> the City. <br /> - 24 - <br />