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27.10 (1) The provisions of this Section shall not abridge any right to which an employee may be entitled under the City Ordinance and Resolutions, nor shall it be administered in a manner which would abrogate any power which may be within the sole province and discretion of the City Council. (2) All grievances of employees in bargaining units represented by the Union shall be processed under this section. Section 28. Medical Examination In the event the Department Head or the City Manager determines there is a necessity for a medical examination, the employee shall submit to such medical examination any time during such employee's employment. Such examination shall be given by a physician selected by the City and the full cost of such medical examination shall be borne by the City as shall any additional medical examination required by the City. Medical examinations required under this section shall be scheduled to the extent possible during the employee's work day. Consistent with the above procedures an employee may be required to undergo a psychological examination or evaluation if the physician selected by the City determines such an examination or evaluation is necessary. The employee shall be notified of the reason(s) for the examination or evaluation. The examining psychologist shall provide the City a narrative report describing his/her conclusions as to the employee's fitness for duty. The specific information gathered by the psychologist upon which his/her conclusions are based shall not be provided to the City. The psychologist's report shall be kept confidential according to the requirements of the state law. Section 29. Physical or Mental Disability If an employee has a physical or mental disability which permanently or chronically disables the employee from the proper performance of the duties of the employee's classification and if the City is unable to reasonably accommodate the employee, the employee shall be laid off and the employee's name placed on a re-employment list for a period of twelve months in accordance with Section 25.7 If during the twelve (12) month period, the employee, based upon competent medical evidence, is able to resume the proper performance of the duties of the employee's former classification, the City shall offer to re-employ the employee in a vacant position occurring within said classification during the twelve (12) month period. Should the employee refuse the offer of re-employment, or should the twelve (12) month period expire, the employee's name shall be removed from the re-employment list. -39 -