[HISTORY: Adopted by the Rochester City Council 9-24-1963. Amendments
noted where applicable.]
GENERAL REFERENCES
Officers and employees — See Ch. 14.
A.
The purpose of this grievance procedure is to provide
an orderly process whereby every employee of the City may equitably and expeditiously
settle grievances that may arise in the course of City employment, and shall
have the right to present his or her grievance in accordance with the procedures
provided herein, free from coercion, restraint, interferences, discrimination
or reprisal. Every employee shall have the right to be represented by a person
of his or her own choosing at all stages of this grievance procedure.
[Amended 2-14-2006 by Ord. No. 2006-22]
B.
It shall be a fundamental responsibility of persons in
supervisory capacity at all levels, commensurate with the authority delegated
to them by their superiors, to consider promptly and take appropriate action
upon grievances presented to them by employees under their supervision. To
such extent as is practicable, appropriate authority is hereby delegated to
such persons with supervisory duties to take such steps as may be necessary
to give effect to the provisions prescribed herein.
As used herein, the following terms shall have the following meanings:
The respondent's explanation of the subject matter of a complaint.
The Chair of the Grievance Committee.
[Amended 2-14-2006 by Ord. No. 2006-22]
The City of Rochester.
The Grievance Committee as established herein, including the Chair
and the four members thereof.
[Amended 2-14-2006 by Ord. No. 2006-22]
The employee originating a grievance.
The written allegations constituting a grievance.
The City Council of the City of Rochester.
The written disposition and determination of grievance by the Committee.
Any person directly employed and compensated by the City of Rochester,
except persons employed in the legislative and judicial branch thereof.
A claimed violation, misinterpretation or inequitable application
of the existing rules, procedures, regulations, administrative orders or work
rules of the City or a department or agency thereof, which relate to or involve
employee health or safety, physical facilities, materials or equipment furnished
to employees or supervision of employees; provided, however, that such term
shall not include any matter involving an employee's rate of compensation,
retirement benefits, disciplinary proceedings, discharge or any matter which
is otherwise reviewable pursuant to law or any rule or regulation having the
force and effect of law.
The individual against whom a grievance is asserted.
Persons regardless of title who are assigned to exercise any level
of supervisory responsibility over City employee.
[Amended 2-14-2006 by Ord. No. 2006-22]
Should a dispute arise as to whether or not any complaint is properly
a matter for proceeding under the grievance procedure, the issue shall be
sent by the complainant or his or her superior directly to the Grievance Committee,
which shall decide that question, and its decision shall be final and binding,
whereupon the complaint shall be returned for further processing to the stage
from which the issue of proper jurisdiction originated.
[Amended 2-14-2006 by Ord. No. 2006-22]
The grievance procedure for employees of the City is hereby established
as follows:
A.
First stage. The first stage shall consist of the employee's
presentation of his or her grievance to his or her immediate superior who
shall, to such extent as he or she may deem appropriate, consult, in turn,
with his or her superiors. The discussion and resolution of grievances at
the first stage shall be on an oral and informal basis. If such grievance
is not satisfactorily resolved at this first stage within three working days,
such employee may proceed to the second stage.
B.
Second stage. The second stage shall consist of the filing
of the employee's grievance, in writing, with the head of his or her bureau
or its equivalent. The bureau head shall investigate the grievance and shall
dispose of it within seven working days. The decision shall be in writing
to the employee filing the grievance with copies to the immediate superior
and to the department head. In the process of investigating the grievance,
the bureau head may consult with his or her superiors.
(1)
The written grievance shall set forth the following information:
(a)
Name, address and work location of complainant.
(b)
Name, title and work location of respondent.
(c)
Concise resume of acts alleged to constitute the grievance,
including names, places, dates and times.
(d)
Ruling of immediate superior.
(e)
Other information complainant may think pertinent.
(f)
Complainant shall sign the grievance.
(2)
The bureau head shall forward the complete grievance
file to the department head upon making disposition.
C.
Third stage. Any City employee may appeal, by written
request, to a five-member Grievance Committee established herein from a determination
of a grievance made in accordance with these provisions by his or her bureau
head. Such Grievance Committee shall promptly consider, review and determine
such grievance and render a report and findings thereon to the Mayor as is
hereinafter provided. The findings of the Grievance Committee shall be binding
unless overruled by the Mayor.
[Amended 11-12-1985 by Ord.
No. 85-480]
[Amended 11-12-1985 by Ord.
No. 85-480]
A.
Grievance Committee; members. There is hereby established
a Grievance Committee which shall consist of a Chair and four members, each
of whom shall be appointed by the Mayor to serve at his or her pleasure.
[Amended 2-14-2006 by Ord. No. 2006-22]
B.
Powers and duties. The Grievance Committee is empowered
to receive, investigate, adjust and adjudicate grievances, as herein defined,
submitted to it in accordance with the procedures subsequently set forth.
The jurisdiction of the Committee is limited to grievances of City employees.
(1)
The Committee shall promptly consider all grievances
properly presented to it and take such necessary action as is required hereby.
The merits of all grievances shall be considered objectively, with due consideration
to the harmonious interrelationship that is sought to be achieved among employees
of the City and for the best interests of the public.
(2)
The Committee in its discretion may conduct a hearing,
under oath or otherwise, on any complaint before it, take testimony of the
parties and their witnesses, receive documents or other papers submitted to
it, issue subpoenas and establish rules for the conduct of its proceedings
and hearings, not inconsistent with the provisions hereinafter set forth.
(3)
Any such hearing may be conducted by any two or more
of the members of the Committee designated by the Committee to act on its
behalf; provided, however, that if less than the full Committee is present
at such a hearing, the Committee thereof conducting such hearing shall render
a report thereon to the full Committee and the full Committee shall thereupon
make its report. A majority vote of the entire Committee shall determine all
matters.
(4)
The Committee shall make a determination of the grievance
and shall reduce the same to a written decision, which shall be filed and
served as hereinafter provided.
(5)
The Committee has no power to discipline, to determine
policies or administrative matters within the jurisdiction of the City Council
or the Mayor, to consider matters involving salaries, appointments to positions
or the failure to fill position vacancies or to incur any expense without
prior approval of the Budget Director of the City of Rochester.
C.
Meetings; quorum. A suitable place of meeting shall be
provided for the Grievance Committee by the Mayor. The Chair shall preside
at all meetings and hearings, except that in his or her absence the Committee
may designate one of the members to act in his or her place. The Mayor shall
provide necessary secretarial, stenographic and investigative assistance to
the Chair of the Committee.
[Amended 2-14-2006 by Ord. No. 2006-22]
D.
Procedure. A grievance submitted on appeal to the Grievance
Committee for determination shall be presented according to the following
procedure:
(1)
The employee or his or her representative shall notify
the Grievance Committee in writing that he or she is appealing the bureau
head's decision. A copy of such notice shall be forwarded to the bureau head,
who shall in turn forward the entire grievance file to the Grievance Committee.
[Amended 2-14-2006 by Ord. No. 2006-22]
(2)
The appeal shall be signed by the complainant and filed
with the Chair. Where the appeal contains incomplete information, the Chair
and/or the Committee shall promptly seek the needed information from the complainant.
In the event that such information is not furnished within a reasonable time,
and within the time limited by the Chair and/or the Committee, the case may
be closed without further proceedings.
[Amended 2-14-2006 by Ord. No. 2006-22]
(3)
The Chair may require the respondent to serve in writing
an answer to the complaint. Such answer shall be signed by the respondent
and filed with the Chair within a time specified by the Chair.
[Amended 2-14-2006 by Ord. No. 2006-22]
(4)
The Chair may refer a grievance for investigation if
he or she deems such investigation necessary and shall refer the same for
investigation if so directed by the Committee. The investigator shall make
a preliminary investigation of the facts stated in the complaint and answer
and make a written report thereon to the Chair.
[Amended 2-14-2006 by Ord. No. 2006-22]
(5)
The Committee shall consider the complaint, answer and
report and take suitable action thereon. At any stage of these proceedings,
the Committee shall have the right to summon the complainant, respondent and
any and all persons considered necessary to an equitable and expeditious adjustment
of the grievance. Proceedings shall be informal.
(6)
The Committee in its discretion may conduct a hearing
and the Chair shall preside at such hearing and direct its conduct including
ruling on admissibility of evidence.
[Amended 2-14-2006 by Ord. No. 2006-22]
(7)
The burden of proof is on the complainant in such hearing.
(8)
Copies of rules established by the Committee for the
conduct of its proceedings and hearings shall be furnished each complainant
and respondent.
(9)
The report of the Committee shall contain a statement
of the Committee's determination of fact, conclusions and findings. The Committee's
findings shall be a final determination of the grievance, unless overruled
by the Mayor, and shall be rendered no later than 14 days after submission
to it of said grievance for settlement. The original decision shall be filed
with the Mayor, and copies shall be sent to each employee involved, his or
her representative, if any, the head of the department concerned and each
member of the Committee. The Mayor shall have 10 days after the Committee
reports its findings to him or her to overrule the Committee. Otherwise the
Committee's findings shall be binding.
[Amended 2-14-2006 by Ord. No. 2006-22]
(10)
The Committee shall file with the Mayor all complaints,
answers, reports and decisions, together with a stenographic record of all
proceedings, and transcripts of hearings, to be retained as permanent records.
(11)
The proceedings of the Committee shall be confidential
and are not to be disclosed, except to its Chair, members, committee personnel
and the parties to the grievance. Nothing herein contained, however, shall
prevent the Mayor from making public the decisions of the Committee filed
with him or her.
[Amended 2-14-2006 by Ord. No. 2006-22]
