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ARTICLE 10 MINOR SUSPENSIONS Section 1. Use of Leave In Lieu of Minor Suspension Without Pay. If a Member of the bargaining unit received a statement of suspension without pay of three (3) calendar days or less, the Member of the bargaining unit may, within three (3) days of receipt of the suspension, forfeit vacation or holiday time equal to the length of the suspension, to serve the suspension with no break in service for purposes of seniority or promotion. The forfeited vacation or holiday time will not constitute hours worked. In the event a member of the bargaining unit has received a disciplinary suspension within the preceding twenty four (24) month period, the Member may only forfeit vacation or holiday time with the Department head's permission. The Member must agree that there is no right to appeal the suspension nor right of review before any administrative body or judicial body if this method of suspension is chosen and the firefighter must sign a waiver of appeal and agree to the suspension. Section 2. Appeal. Firefighters who receive a suspension with out pay of three (3) calendar days or less may only appeal their suspension, unless waived in accordance to Section 1 above, to the Fire Fighters and Police Officers' Civil Service Commission and the provisions of TLGC section 143.057 shall not apply to such suspensions. The provisions of this section shall supersede TLGC 143.057 which shall not apply to suspensions of three (3) calendar days or less. Section 3. Preemption. The parties agree that the provisions of this Article preempt during the term of this agreement and to the extent of any change or conflict, all contrary state statutes, including TLGC Section 143.057 and Section 143.085 local ordinances, executive orders, civil service provisions, or rules adopted by the head of the fire department or City of San Marcos or by a division or agency of the city, such as a personnel board or a civil service commission. ARTICLE 11 CONTRACT INTERPRETATION DISPUTE RESOLUTION PROCEDURE Section 1. Scope of Procedure. The City and Association recognize that from time to time disagreements between the Parties may arise as to the application or interpretation of this agreement. The Parties therefore agree that the purpose of this dispute resolution procedure is to provide a just and equitable method for resolving disagreements between the Parties regarding the application or interpretation of the provisions of this Agreement. Matters involving the interpretation, application, or alleged violations of a specified provision of this Meet and Confer Agreement shall be subject to this dispute resolution procedure. Any matters for which the right of appeal is afforded by 12