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(3) <br /> <br />(4) <br /> <br />(5) <br /> <br />(6) <br /> <br />(7) <br /> <br />Within fourteen (14) calendar days from receipt of the <br />department director's decision in Step 2 above, the <br />employee or official of the Association may notify the <br />Personnel Director in writing that a grievance exists, <br />stating the particulars of the grievance, citing the <br />specific section of this Memorandum of Understanding <br />he/she believes to have been violated, and, if possible, <br />the nature of the determination desired. The Personnel <br />Director shall have fourteen (14) days from receipt of <br />notification in which to investigate the issues, meet <br />with the complainant and attempt to reach a satisfactory <br />resolution of the problem. No grievance may be processed <br />under paragraph (4) below which has not first been filed <br />and investigated in accordance with this paragraph (3). <br /> <br />If the parties are unable to reach a mutually <br />satisfactory accord on any grievance which arises and is <br />presented during the term of this Memorandum of <br />Understanding, such grievance shall be submitted to an <br />Review Board comprised of two (2) members of the <br />Association and two (2) city management representatives <br />appointed by the City Manager. <br /> <br />The Review Board shall be convened within twenty one (21) <br />calendar days from the day the grievance was submitted to <br />said Board. The Board shall render its findings and <br />recommendations in writing to the city Manager within <br />fourteen (14) calendar days from the date it completed <br />its review of the grievance. <br /> <br />The City Manager shall within fourteen (14) calendar days <br />of receipt of the review board's written findings and <br />recommendations review the findings and recommendations <br />and render a written decision on the grievance. <br /> <br />The Association may appeal the decision of the City <br />Manager by requesting that the grievance be referred to <br />an impartial arbitrator. The Association's decision to <br />refer the grievance to arbitration shall be made within <br />fourteen (14) days of the notification of the city <br />manager's decision. The arbitrator shall be designated <br />by mutual agreement between the Association and the city <br />Manager. The fees and expenses of the arbitrator shall <br />be borne solely by the Association. Each party, however, <br />shall bear the cost of it's own presentation, including <br />preparation and post hearing briefs, if any. <br /> <br />Decisions of the arbitrators on matters properly before <br />them shall be final and binding on the parties hereto, to <br />the extent permitted by the Ordinance Code and <br />Resolutions of the City. <br /> <br />- 36 - <br /> <br /> <br />