[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.
[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.
[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.