Sec. 25-15.02. Grievance Procedure.
a. Step I - Informal Meetings.
1.An employee who has a grievance shall bring it to the attention of the employee’s immediate supervisor within ten (10) working days of the occurrence of the act which is the basis for the dispute. Where the grievance concerns a matter of proper compensation or a matter which could not reasonably be discovered by the employee within ten (10) working days of its occurrence, the grievance on such a matter must be raised within ten (10) working days of when it was discovered or should reasonably have been discovered. If the employee and the immediate supervisor are unable to resolve the grievance within ten (10) working days, the employee shall have the right to present the grievance to consecutive higher levels of supervision, including the department head.
2.Where the grievance is a matter not within the authority of the immediate supervisor to correct, the employee may grieve directly to the department head or to the Human Resources Director (Ord 3385; 02/07). The department head or the Human Resources Director (Ord 3385; 02/07) may direct the employee to discuss the grievance with the party having the authority to correct it. The time limits set forth in Section 15.02a.1. shall apply.
b. Step II - Formal Grievances.
1.If an employee is dissatisfied with the disposition of the grievance through the informal process or if the informal process has not resolved the grievance within thirty (30) working days, the employee may submit the grievance to the employee’s department head within forty (40) working days from the date of occurrence or discovery, as provided in Section 15.02 a.1.
The formal grievance shall be in writing, signed by the grievant, and contain the following information:
a.The name of the grievant;
b.The grievant’s department and specific work site;
c.The name of the grievant’s immediate supervisor;
d.The specific section of the Rules, memorandum of understanding or past practice allegedly violated, misinterpreted or misapplied;
e.The specific act or omission which gave rise to this alleged violation, misinterpretation or misapplication;
f.The date or dates of the violation, misinterpretation or misapplication;
g.What documents, witnesses or other evidence support the employee’s position;
h.The solution(s) sought by the grievant available within the scope of this procedure;
i.The name of the individual and/or organization, if any, designated by the grievant to represent the employee in processing the grievance.
2.If the formal grievance statement as submitted does not adequately identify the grievance, it may be returned for clarification and resubmitted within ten (10) working days.
3.The department head shall hold a conference with the grievant within ten (10) working days following receipt of the formal grievance and shall prepare a written response within ten (10) working days after the conference. The written response shall make findings concerning the specific points of the grievance and describe the basis for each finding. Copies of the department head’s response shall be provided to the parties directly involved, and a copy signed as received by the grievant shall be sent to the Human Resources Director (Ord 3385; 02/07) for placement in the grievant’s official personnel file along with the formal grievance.
c. Step III - Appeal of Department Head Decision To The City Manager or Grievance Committee.
1.If the grievance is not resolved with the decision of the department head, the grievant may submit the grievance either to the City Manager or to the Grievance Committee within ten (10) working days from receipt of the department head’s response. (The establishment and procedures to be followed by the Grievance Committee shall be as described under Section 15.03.)
2.The appeal shall be in writing, signed by the grievant, and contain the following information:
a.Whether the appeal is to be heard by the City Manager or the Grievance Committee.
b.For each of the department head’s findings, a statement that the grievant either concurs or disagrees and the reasons for the disagreement.
c.The solution(s) being sought to resolve the grievance.
d.All supporting documentation including the written materials submitted to the department head in Step II and the department head’s response.
3.If the appeal is to the City Manager, the City Manager, or a designated representative if acceptable to the grievant, shall respond to the grievance in writing within fifteen (15) working days of its receipt. Within this period, the City Manager or designated representative, shall conduct an informal hearing involving the parties to the dispute and any witnesses as deemed appropriate.
4.Copies of the City Manager’s response shall be provided to the grievant, the grievant’s department head, and the Human Resources Director (Ord 3385; 02/07) for placement in the grievant’s personnel file. The department head may share the City Manager’s response with the grievant’s supervisor(s) or other parties directly involved.
5.The decision of the City Manager shall be final.