[Ord. No. 92-17 § I, 6-8-1992]
It shall be the policy of the City to give individual employees
an opportunity to discuss their grievances with their supervisors
in order to find mutually satisfactory solutions as rapidly as possible,
free from restraint, interference, discrimination or reprisal.
[Ord. No. 92-17 § I, 6-8-1992]
Employees may present a grievance concerning the interpretation
of the provisions of the City personnel ordinances, City policies,
departmental rules and regulations, employee working conditions, and
employee relationship with co-workers or supervisors. Employee service
ratings and merit reviews are specifically excluded from the grievance
procedure set forth in this Article.
[Ord. No. 92-17 § I, 6-8-1992]
Any ambiguities about a particular matter subject to the grievance
procedure will be determined by the City Administrator. A grievance
claim will not be heard or processed if the grievance concerns: application
of ordinance provisions or policies approved by the City Council;
State Statutes; or when the City Administrator has good reason to
believe that a grievance has been brought in bad faith or for inappropriate
reasons.
[Ord. No. 92-17 § I, 6-8-1992; Ord. No. 2017-08 §§ 1 — 2, 2-28-2017]
A.
If the work problem has not been resolved to the satisfaction of
the employee after an oral discussion with the immediate supervisor,
the employee may initiate the formal grievance procedure by submitting
to the immediate supervisor a written grievance review request stating
the problem and corrective action desired (see Exhibit 15-2). Within
five (5) workdays, the immediate supervisor shall give the employee
a written grievance review disposition stating his/her decision (see
Exhibit 15-3). Copies of the Step 1 grievance review request and disposition
shall be submitted to the City Administrator, if the Administrator
is the immediate supervisor, copies shall be sent to City Clerk/Personnel
Officer.
B.
If the employee is not satisfied with the decision of the immediate
supervisor, the employee may within five (5) workdays after receipt
of that decision submit to the City Administrator a written grievance
review request stating the problem and the corrective action desired.
(If the City Administrator is the immediate supervisor, Step III should
be followed). The Administrator shall arrange a conference with the
employee and thereafter give to the employee a written grievance review
disposition stating his/her decision within ten (10) workdays from
the date of the receipt of the grievance review request. Copies of
the Step II grievance review request and disposition shall be submitted
to the City Clerk/Personnel Officer.
C.
Step III. If the employee is not satisfied with the Step II decision,
the employee may, within five (5) workdays after receipt of the Step
II decision submit a written request for review of the grievance to
the City Administrator stating the problem and the corrective action
desired.
1.
The City Administrator will appoint and designate an independent
and disinterested third party licensed to practice law in Missouri
to act as an independent disinterested hearing officer for the matter.
2.
A hearing will be scheduled within thirty (30) days. It may be continued
to assemble needed information. A written decision will be issued
within twenty (20) days after the hearing is closed.
3.
The decision on Step III will be final. No further right of a grievance
appeal will be provided to an employee. The hearing officer will forward
a copy of the decision to the employee concerned and a copy to the
City Clerk, who will be obligated to maintain files of grievance disposition
and provide copies to appropriate supervisory personnel legitimately
concerned with the issues determined. These files will be open to
review by members of the City Council to the end that personnel issues
may be reasonably monitored.
4.
The City Administrator is authorized to approve a reasonable fee
for the services of the independent and disinterested hearing officer.
The employee may be represented by a layperson or by counsel. The
City may be represented by the City Attorney or his/her designee.
The procedure may be formal or informal as the parties may agree.
[Ord. No. 92-17 § I, 6-8-1992]
In the event that the employee, appropriate supervisor or department
head must be absent from work in a manner that affects the time periods
listed herein, these periods may be reasonably extended to allow for
adequate response time at the request of the absent party as approved
by the City Administrator.
