[Ord. No. 88-22 §18-11.010, 4-6-1988]
A. Any
employee who wishes to file a complaint about the terms or conditions
of his employment by the City shall:
1. Within two (2) working days of the action, inaction or condition
complained of, discuss the complaint with the employee's immediate
supervisor. If the matter is not resolved, he/she shall;
2. Within five (5) working days after being aware of the unsatisfactory
resolution from step (1) above, file a written grievance with his/her
Department Head, stating the particulars.
3. Thereafter:
a. Within three (3) working days after the Department Head has received
the grievance he/she shall make such a decision on the grievance as
deemed appropriate and shall notify the employee in writing.
b. Within ten (10) working days after step (a) above, the employee may
appeal any unsatisfactory disposition of the grievance to the Personnel
Director. It shall be in writing.
c. Within five (5) working days after the filing to the Personnel Director
as described in (b) above, the Personnel Director shall call a meeting
which will include the employee, the Department Head, and any other
person or persons whose participation in the meeting will contribute
to the resolution of the question involved.
d. Within seven (7) working days after the meeting described in (c)
above, the Personnel Director shall render a decision in writing.
e. Within ten (10) working days after receiving the decision determined
from (d) above, the employee shall have the right to appeal to the
Personnel Commission. Such appeal shall be in writing.
f. Within ten (10) working days from the date of receipt of the appeal
by the employee from (e) above, the Personnel Commission shall set
a date for a hearing. At the hearing, the appealing employee, the
Department Head whose action is being reviewed, and the Personnel
Director shall have the right to be heard and present their view and
evidence to the Commission.
The Commission has the option to hold an open or closed hearing.
At the hearing, technical rules of evidence shall not apply. The Commission
has the right to recommend to uphold the decision, modify the decision,
or reverse the decision.
g. Within seven (7) working days after the hearing in (f) above, the
Commission shall file a written statement of its finding and recommendations
with the Mayor, copied to the employee and the Personnel Director.
h. Within seven (7) working days after receipt of the Commission's recommendation
the Mayor shall render a decision in writing to the aggrieved employee,
copies to the City Council and the Personnel Director. The Mayor may
concur with the recommendation of the Commission, modify it, or reverse
it. The Mayor's decision is final.
[Ord. No. 88-22 §18-11.020, 4-6-1988; Ord. No. 00-33 §2, 4-19-2000]
A. Any
employee discharged, demoted or suspended may submit a written appeal
of the Personnel Director's decision within ten (10) working days
of the employee's receipt of that decision. The appeal procedure shall
be as follows:
1. The written appeal shall be deemed filed when received by the Personnel
Director, who shall send copies of the appeal to the members of the
Personnel Commission.
2. Within fifteen (15) working days of filing of the appeal, the Personnel
Commission shall convene a hearing. At the hearing, the appealing
employee, the Department Head and the Personnel Director shall have
the right to appear, testify, call witnesses, and present arguments
to the Commission. The Commission has the option to hold an open or
closed hearing. At the hearing, technical rules of evidence shall
not apply, but the appealing employee and the Personnel Director may
be represented by counsel. The Commission shall issue a recommended
decision to the Mayor, proposing to uphold, modify or reverse the
decision of the Personnel Director.
3. The recommended decision of the Personnel Commission may contain
proposed findings of fact and/or proposed conclusions of law but must
contain a recommended decision.
4. The recommended decision of the Personnel Commission shall be delivered
to the Mayor within seven (7) working days after conclusion of the
hearing. Within seven (7) working days after receipt of the Commission's
recommended decision, the Mayor shall render a decision in writing
to the aggrieved employee with copies to the City Council and the
Personnel Director. The Mayor may concur with the recommendation of
the Commission, modify it, or reverse it. The Mayor's decision is
final.
[Ord. No. 88-22 §18-11.030, 4-6-1988]
A. Failure
of the employee to pursue any steps in a grievance procedure within
the time specified shall bar the complaint or grievance unless the
employee is on vacation, on holiday, on approved sick leave, or off
the job due to on-the-job injury. For purposes of this Section, unauthorized
absence or failure to report illness or accident, does not waive the
responsibility of the employee to respond in accordance with the time
frame of the grievance procedure.
B. If
any agent or agency of the City fails to take timely steps in the
grievance procedure, the decision of the prior agent or agency shall
be deemed to have been upheld, and the next step in the procedure
shall become effective.
[Ord. No. 88-22 §18-11.040, 4-6-1988]
The time for performance of any step in the grievance procedure
may be extended by agreement of the parties or by the agent or agency
before which the step is pending upon application by either party.