[Ord. No. 1425 § 1, 3-21-1988]
This procedure is intended to facilitate employees discussing employment problems with their supervisors, thereby providing a basis to talk over matters of mutual interest, to explain, to reach agreement, and to make adjustment if necessary.
[Ord. No. 1425 § 1, 3-21-1988]
A. 
Employees have the right to present a grievance concerning: the interpretation or application of the provisions of this Chapter or of department rules; working conditions; the relationship between the employee and his/her co-worker(s) or supervisor; or application of equal opportunity laws and ordinances.
B. 
Termination of an at will employee or officer is not subject to the grievance procedure.
C. 
When a question exists as to whether a particular matter is covered by the grievance procedure, final judgement shall rest with the City Administrator. A grievance claim shall be denied when the grievance concerns: City Board of Aldermen policies and ordinances; State Statutes; pertains to matters in which the employee has no direct interest; or when the City Administrator has good reason to believe that a grievance has been brought in bad faith or for inappropriate reasons, such as harassment.
D. 
The presentation of a grievance shall never subject the employee to restraint interference, discrimination or reprisal.
E. 
At no time shall an employee take a grievance directly to a member of the Board of Aldermen.
[Ord. No. 1425 § 1, 3-21-1988]
An employee shall file a grievance no later than fourteen (14) calendar days after the occurrence of the action or incident. The following steps are to be taken in sequential order for an employee grievance.:
1. 
Step One. The aggrieved employee shall orally present the grievance to the immediate supervisor who has the authority to alter the action or change the conditions which caused the grievance. The supervisor shall answer the complaint within ten (10) working days. EXCEPTION: If the immediate supervisor is the department head, go to Step Three.
2. 
Step Two. If, after conferring with the employee's immediate supervisor, the aggrieved employee believes that the oral presentation failed to settle the grievance, the employee may present a written complaint to the department head within five (5) working days after receiving an answer from the subordinate supervisor. The employee shall receive a written reply to the complaint within five (5) working days from the date the grievance was personally received by the department head. A copy shall be given to the employee's supervisor.
3. 
Step Three. If, after reviewing the Department Head's reply to the grievance, the employee is not satisfied with the decision, the employee may appeal the decision within five (5) working days to the City Administrator. The appeal shall be filed in written, legible form. The City Administrator shall reply to the complaint within five (5) working days from the date the grievance was received. Copies of the reply shall be given to all parties involved. In cases of position classification, demotion and reprimands, the decision of the City Administrator shall be final. In decisions relating to pay, the City Administrator shall submit his recommendation to the Mayor and Board of Aldermen for final approval if he recommends a higher rate of pay.
4. 
Step Four. For cases other than those dealing with position classification, demotion, and reprimand, employees who are still not satisfied with the decision may appeal the decision to the Personnel Board of Review within five (5) working days. The Personnel Board of Review may elect to meet informally or convene an administrative hearing within ten (10) working days after receipt of the appeal in written, legible form by the City Administrator. The hearing may be a closed meeting as permitted by Chapter 610, Revised Statutes of Missouri, as amended, when the grievance is of a subject about which a closed meeting is permitted. All other hearings shall be open to the public. At the hearing all concerned parties shall be given an opportunity to present their side of the issue, together with such evidence and witnesses connected to the grievances and to question the evidence and witnesses presented by the other parties. The City Administrator and the Personnel Board of Review may call for such additional evidence as they deem necessary in the matter. The Personnel Board of Review shall render a decision within five (5) working days after the hearing. The decision shall be issued in writing and such findings shall be final and not subject to further appeal within City procedures.
[1]
Cross Reference — As to open meetings and record law, see § 2-1. As to personnel board review, see § 22-62.
[Ord. No. 1425 § 1, 3-21-1988; Ord. No. 1729 § 5, 3-15-1993]
Employees who are members of an employee's union may follow the procedures fixed by the Memorandum of Understanding between the City and that union or shall follow the procedures fixed by this Chapter for grievances or appeal of disciplinary or dismissal actions. Once an employee has designated which set of procedures will be used, that employee is foreclosed from switching to or subsequently using the other set of procedures for the same grievance.
[Ord. No. 1425 § 1, 3-21-1988]
An employee claiming to have been discriminated against on the grounds of race, color, religion, national origin, ancestry, sex, age, or physical handicap may file a grievance. The procedure for such filing is that set forth for other grievances, except that the following additional conditions shall apply. After review and consideration of the evidence, if the Personnel Board of Review finds that the action was taken for any reason political, religious, racial, or based on sex or age or any other bias prohibited for consideration by applicable law, the action shall be declared null and void and the employee shall be reinstated to his former status. If the Board finds that the appealed action was not taken for any reason political, religious, racial or based on sex or age or any other bias prohibited for consideration by applicable law, the Board shall render a decision in writing within forty-eight (48) hours. The appeal and all documents related to it considered by the Personnel Board of Review, its finding and written decision shall be promptly filed in the Office of the City Administrator. All such records shall be held confidential. Decisions of the Personnel Board of Review on grievances alleging unlawful discrimination may be appealed by the party aggrieved thereto as provided in Chapter 536, Revised Statutes of Missouri, as amended.
[1]
State Law Reference — For similar provisions, see RSMo. § 213.055 and Chapter 536.
Federal Law Reference — See Title 29 USC § 623(i).
Cross Reference — Also see §§ 22-19 and 22-65(D) of this chapter. As to equal employment opportunity, see § 22-7. As to statement of harassment (sexual) policy, see § 22-159.
[Ord. No. 1425 § 1, 3-21-1988]
All adjustments of grievances under the procedures of this Chapter shall be retroactive to the date of the occurrence of the grievance, where such an adjustment has meaning and is possible.