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-38 - <br /> <br />(9) Insubordination, including refusal to do assigned work or refusal to perform work in <br />the manner described by a supervisor without proper justification. <br />(10) Disrespectful or discourteous conduct toward a City officer or official, another <br />employee, or a member of the public while representing the City. <br />(11) Violation of any of the provisions of the City Ordinances or Resolutions relating to <br />the conduct of City officers and employees, or established work rule(s). <br />(12) Failure to submit to a medical examination or failure to appear at the designated time <br />and place for such examination as ordered under Section 28 Medical Exam of this <br />MOU. <br />(13) Violation of CORI Regulations or misuse of protected law enforcement information. <br />(14) Use of City equipment, supplies or identification (e.g. badges) for any reason other <br />than for official City business. <br />26.3 Pre-Disciplinary Notice <br /> <br />Prior to taking disciplinary action to discharge, suspend or demote an employee for <br />reasons specified in 26.2, the City will provide the employee with a “Notice of Proposed <br />Action”. <br /> <br />The “Notice of Proposed Action” shall include notice of what action is proposed to be <br />taken, the reasons for the proposed action, copies of any rules, policy or regulations that <br />may have been violated and documents upon which the City is relying upon as a basis for <br />the proposed action. <br /> <br />Additionally, the notice will include information regarding the appeal process and <br />timelines for responding to the notice. The employee is also entitled to representation <br />during this process. <br /> <br />All written reprimands in an employee’s personnel file will be removed from the file <br />three (3) years after date of issuance at the request of the affected employee. Written <br />reprimands not removed after the 3 year period will be disregarded. <br /> <br />26.4 Right to Representation (Weingarten Rights) <br /> <br /> Upon the request of the employee, the employee shall have the right to Union <br />representation at meetings with a supervisor or manager when the employee reasonably <br />anticipates that such meetings will involve questioning that may lead to disciplinary <br />action. Such a request is subject to the restrictions of the Weingarten decision. <br /> <br />Section 27. Grievances <br /> <br />27.1 A grievance is any dispute which involves the interpretation or application of any <br />provision of this Memorandum of Understanding excluding, however, those provisions of <br />this Memorandum of Understanding which specifically provide that the decision of any <br />Page 205 of 373