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Section 26. Medical Examination In the event the Fire Chief determines there is a necessity for a medical examination, an employee shall submit to such medical examination at any time while on duty. Such examination shall be given by a physician selected by the Fire Department and the full cost shall be borne by the Fire Department as shall any medical examination required by the Fire Department. A copy of said medical examination shall be given to the employee. Should the employee disagree with the medical opinion of the examination, the employee may consult with his/her own physician (at employee's expense) and if his/her private physician's report conflicts with the Fire Department's physician in terms of ability to work at the employee's regular job, then the employee may request a medical examination by a third physician mutually agreed upon by the employee and the Fire Department. The costs for the third examination will be shared by the employee and the Fire Department. The decision of the third physician concerning the ability of the employee to perform his/her duties shall be the basis for the employee returning to work. Section 27. Outside Employment Employees who plan to engage in regular employment during his/her off duty time must notify the Fire Chief of said employment. No employee shall accept outside employment that places him/her in conflict with the Department. No employee shall solicit outside employment while on duty for the Department nor use his/her Department position as an aid or leverage to gain outside employment. Section 28. Americans with Disabilities The Department and the Union recognize that the Department has an obligation under law to meet with individual employees who allege a need for reasonable accommodation in the work place because of a disability. If by reason of the aforesaid requirement, the Department contemplates actions to provide reasonable accommodation to an individual employee in compliance with the ADA which are in potential conflict with any provision of this Memorandum of Understanding, the Union will be advised of any such proposed accommodation and be afforded an opportunity to discuss same prior to implementation by the Department. Section 29. Miscellaneous 29.1 Deferred Compensation Program Regular and probationary employees are eligible to participate in the Department's deferred compensation program. Any employee who chooses to participate in a deferred compensation plan shall pay the administrative fee, if any, the Department may require. 21