Sec. 25-15.03. Grievance Committee.
a.Committee Composition: The Grievance Committee shall consist of three (3) members selected as follows:
1.One member selected by the president of the employee association of the grievant.
2.One member appointed by the City Manager
3.One member selected as follows:
a.Each of the two seated members of the committee shall nominate three employees not members of the grievant’s employee association.
b.The Human Resources Director (Ord 3385; 02/07) shall, in the presence of the two members, place the names of the nominees in a bowl and have one name drawn. The draw shall be performed by the City Manager’s appointee in even numbered years and by the employee association appointee in odd numbered years.
b.The City Manager may reject a Grievance Committee member for the following reasons only:
1.Obvious benefit from the outcome of the grievance.
2.Member of the grievant’s immediate work unit.
3.Served as a member of the Committee within the last six (6) months.
4.Where the proposed member is already involved in other on-duty tasks on behalf of the employee association that the loss to the employee’s job duties on behalf of the City is unacceptable.
c.Any proposed member of the Grievance Committee may refuse to serve without prejudice.
d.The Grievance Committee shall receive the same packet of information specified in Section 15.02c.2.
e.The Grievance Committee members shall be appointed and the committee convened within fifteen (15) working days of receipt of the written appeal.
f.The Committee members shall select a chair among themselves.
g.The Grievance Committee shall review all written material submitted and may request additional information from any of the parties involved as it may deem necessary to conduct its investigation.
h.Within fifteen (15) working days of the committee first being convened, the Grievance Committee shall hold an informal hearing with the grievant and the grievant’s representative, if there is one. The Grievance Committee may also interview any other employees or members of the public it deems necessary relative to developing its recommendations.
i.Within fifteen (15) days of the hearing being completed, the Grievance Committee shall submit a written recommendation to the City Manager. For each of the issues still in dispute, the Grievance Committee shall state its findings. The findings of the Grievance Committee shall be determined based on the measure of reasonable belief. The Grievance Committee shall have no authority to recommend disciplinary action against any party, but may recommend development of pertinent policies and procedures or training as preventive measures against future similar grievances. All findings of the Committee shall be unanimous and unresolved issues shall be referred without comment to the City Manager for resolution. The referral of unresolved issues to the City Manager may include a description of the facts surrounding the unresolved issue.
j.In preparing its recommendation, the Grievance Committee may seek counsel from the Human Resources Director (Ord 3385; 02/07) or City Attorney as it deems necessary.
k.The City Manager shall review the findings and recommendations submitted by the Grievance Committee and shall prepare a written statement accepting, rejecting, or modifying the recommendation of the Grievance Committee in all or in part within ten (10) working days.
l.In the event of any unresolved issues by the Grievance Committee, the City Manager shall decide independently in accordance with Section 15.02.c.3.
m.Copies of the City Manager’s decision, along with the Grievance Committee’s recommendation, shall be provided to the grievant and the grievant’s department head. A copy signed as received by the grievant shall be provided to the Human Resources Director (Ord 3385; 02/07) for placement in the grievant’s official personnel file. The department head may share the City Manager’s decision and the recommendation of the Grievance Committee with the grievant’s supervisor(s) or other parties directly involved.
n.The decision of the City Manager shall be final.