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9.02 In imposing discipline on a current charge, the City will not consider any infractions <br /> which occurred more than thirty six (36) months previously. <br /> 9.03 In the event that an employee has been recommended for suspension or discharge, prior <br /> to any action being taken on such a recommendation, a pre-disciplinary conference will be <br /> scheduled to afford the employee an opportunity to offer an explanation of the alleged conduct. <br /> The City shall notify the employee and his Associate of the date and time of the conference and, <br /> upon request,the employee shall be permitted to privately discuss his suspension or discharge with <br /> the Associate in an area made available by the City. <br /> ARTICLE 10 <br /> GRIEVANCE PROCEDURE <br /> 10.01 It is mutually understood that the prompt presentation, adjustment and/or answering of <br /> grievances is desirable in the interest of sound relations between the employees, the OPBA and <br /> the City. The procedures specified in this Article are intended to provide a system for fair, <br /> expeditious and orderly adjustment of the grievances of employees of the Division of Police. <br /> 10.02 A"grievance" is any dispute or difference between the City and the OPBA,which concerns <br /> the interpretation and/or application of and/or compliance with any provision of this Agreement <br /> including all disciplinary actions,which result in a monetary loss to the employee, except for those <br /> involving discharge of non-certified and probationary employees. <br /> 10.03 The following procedure shall apply to all grievances arising under this Agreement: <br /> Step L An employee who has a grievance should meet with his shift officer-in-charge <br /> to attempt to resolve the grievance on an informal basis. <br /> Step II: If the grievance is not resolved in the informal manner described in Step I, a <br /> written grievance must be filed with the Administrative Captain within ten (10) <br /> working days of the alleged violation of this Agreement. Within ten (10) <br /> working days after the filing of the grievance, a meeting will be held among the <br /> appropriate representatives of the City, members of the grievance committee <br /> and the aggrieved employee(s). Within ten (10) working days of this meeting, <br /> the City shall issue a written answer to the grievance. <br /> Step III: If the grievance is not satisfactorily settled in Step II,the aggrieved employee(s) <br /> or the Union may appeal the Step II answer to the Chief of Police or his <br /> designated representative within ten (10)working days after the Step II answer <br /> was issued. Such appeal shall be in writing and include a copy of the original <br /> grievance, and shall specify the reason why the aggrieved employee(s) or the <br /> Union believes the Step II answer is unacceptable. Within ten (10) working <br /> days after receipt of the appeal, a grievance meeting shall be scheduled with the <br /> Chief of Police or his designated representative, who shall, within ten (10) <br /> working days after the close of such meeting, issue a written answer to the <br /> grievance. <br /> 5 <br />