CITY COUNCIL REGULAR MEETING AGENDA PACKET 5-5-26

32 23.10 The Association, its members and representatives, agree that it and they will not engage in, authorize, sanction, or support any strike against the City of Pleasanton. The Association, its members and representatives, further agree that it and they will not engage in, authorize, sanction, or support any strike, slowdown, stoppage of work, curtailment of production, concerted refusal of overtime work, refusal to operate designated equipment (provided such equipment is safe and sound) to perform customary duties; and neither the Association nor any representative, therefore, shall engage in job action for the purpose of effecting changes in the directives or decision of management of the City, nor to effect or change of personnel or operations of management or of employees not covered by the Memorandum of Understanding. 23.11 (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 grievance of employees in representation units represented by the Association shall be processed under this section. Section 24. Medical Examination In the event the department head or City Manager determines there is a necessity for a medical examination, an employee shall submit to such medical examination at 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 examinations required by the City. Should the employee disagree with the medical opinion of the physician selected by the City, the employee may consult with his/her own physician and, if his/her private physician's report conflicts with that of the City's physician in terms of ability to work at the employee's regular job, then the employee may request a medical evaluation through a third physician mutually agreed upon by the employee and the City. The cost for such examination will be equally shared by the City and the employee and the decision of this third physician concerning the continuing ability of the employee to perform his/her work shall be the basis for returning the employee to his/her regular work. The above procedures shall be utilized for psychological examinations and evaluations of employees except that the employee shall be notified of the reason for the examination. Should a psychological examination or evaluation report be prepared, such document shall be kept confidential according to the requirements of the state law. Section 25. Outside Employment Employees who plan to participate in any gainful occupation other than City service during off- duty time must secure written permission to do so from the Chief of Police. The City retains the right to refuse permission to any employee for such outside employment whenever it appears to the City that such outside employment would materially interfere with the proper performance of the City's service for which the employee has been hired, or that such outside employment may place the employee in a position of conflict with the City. Page 202 of 248