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City of Kirkwood, MO
St. Louis County
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[Ord. No. 10516, 9-20-2018; Ord. No. 10733, 11-4-2021; Ord. No. 10776, 10-6-2022; Ord. No. 10803, 4-20-2023]
a. 
All classified employees shall have the right, except as specified herein, to utilize the grievance and complaint procedures of this article. The grievance and complaint procedures of this article will be available only to law enforcement officers, as defined in § 590.502, RSMo., and other classified, permanent, full-time employees who are not serving a probationary period, whether imposed due to a new position or for disciplinary or performance reasons.
b. 
The City follows an "open door" policy. Employees are encouraged by the City to raise any work-related concerns with their immediate Supervisors or with any member of management.
c. 
In addition, it is the policy of the City that all employees be treated in a nondiscriminatory fashion. Accordingly, the City requires that all Supervisors discipline similarly situated employees in the same fashion. At the same time, inasmuch as no two conduct violations are identical in every detail, no exact pattern of corrective discipline is required and the City may deviate from its imposition of discipline whenever it determines that such action is warranted under the circumstances.
[Ord. No. 10516, 9-20-2018; Ord. No. 10733, 11-4-2021; Ord. No. 10621, 9-5-2019; Ord. No. 10776, 10-6-2022; Ord. No. 10803, 4-20-2023]
a. 
The grievance and complaint procedures set out in this section are available only to classified, permanent, full-time employees who are not law enforcement officers as defined in § 590.502, RSMo., and who are not serving a probationary period, whether imposed due to a new position or for disciplinary or performance reasons.
STEP A.
A grievance or complaint must be taken to the immediate Supervisor within seven calendar days following knowledge of the occurrence. Where possible, the grievance should be settled at this level. If informal discussions do not resolve the issue, the matter shall be reduced to writing by the employee and be submitted to the immediate Supervisor within three working days. The immediate Supervisor shall have five working days to respond in writing. In departments such as Police, Fire and others where a more involved hierarchy chain of command system is utilized, the Department Head shall, through written, published departmental rules and regulations, establish which immediate supervisory level shall successively respond to a grievance.
STEP B.
In the event that Step A does not resolve the situation, the employee may forward the grievance or complaint, in writing, to the Department Head within three working days following receipt of the Supervisor's response. The written documentation must include specific circumstances and state the remedial action requested. Such appeal must be signed personally by the employee, with the original delivered to the Department Head. Any other form of appeal, such as a facsimile transmission, email communication or an appeal unsigned by the employee, will not be considered by the Department Head. The Department Head or his or her designee shall investigate and document the matter and render a decision within 10 working days of receipt of the request, unless it is impracticable to do so in such a timeframe.
STEP C.
In the event that Step B does not resolve the problem and the grievance involves a suspension, demotion or termination, the employee may forward all written documentation and appeal to the Chief Administrative Officer within three working days of receipt of the Department Head's decision. The Chief Administrative Officer will consider only an appeal involving a suspension, demotion or termination of employment, which results in economic loss to the employee. Such appeal must be signed personally by the employee, with the original delivered to the Chief Administrative Officer. Any other form of appeal, such as a facsimile transmission, email communication or an appeal unsigned by the employee, will not be considered by the Chief Administrative Officer. The Chief Administrative Officer will provide a decision to the employee within 10 working days of receipt of the request, unless it is impracticable to do within such a timeframe. For grievances that are not eligible to be appealed to the Civil Service Commission, the decision of the Chief Administrative Officer shall be final with respect to this grievance procedure. The Chief Administrative Officer may delegate to the Assistant Chief Administrative Officer the responsibility for reviewing and responding to the appeal.
STEP D.
If the grievance involves suspension for more than five working days, dismissal (unless an appeal to the Civil Service Commission is expressly prohibited under these Personnel Rules and Regulations) or disciplinary demotion, the employee may request a hearing before the Civil Service Commission. A written request for a formal hearing shall be filed with the City's liaison to the Civil Service Commission (Assistant Chief Administrative Officer) within seven calendar days from the date of receipt of the decision of the Chief Administrative Officer. The Civil Service Commission shall convene as soon as reasonably practicable after receipt of the request for appeal. If requested by either party, the Civil Service Commission shall conduct a closed hearing in accordance with procedures and rules established by the Civil Service Commission. Each party shall have the right to be heard in person and call witnesses. All parties, including the Civil Service Commission, may engage counsel. Technical rules of evidence shall not apply. After hearing and consideration of the evidence, the Commission shall render its decision in writing. The Commission's decision shall be final and binding.
b. 
Grievances which are not continued timely by the employee within the aforementioned procedure shall be considered as satisfied and not subject to further consideration.
[Ord. No. 10733, 11-4-2021; Ord. No. 10776, 10-6-2022; Ord. No. 10803, 4-20-2023]
a. 
The grievance and complaint procedures set out in this section are available only to law enforcement officers as defined in § 590.502, RSMo. To the extent any specific term or provision of the collective bargaining agreement or memorandum of understanding between the City and any unit of employees represented by a labor union is in conflict with any specific provision of this section, the specific term or provision of the collective bargaining agreement or memorandum of understanding shall govern and supersede any conflicting provision of this section, except as otherwise prohibited by applicable law.
STEP A.
A written grievance or complaint must be delivered to the Captain in the chain of command of the complaining law enforcement officer within five working days following knowledge of the occurrence. Where possible, the grievance should be settled at this level. The Captain shall have five working days to respond in writing, unless it is impracticable to do so in such timeframe.
STEP B.
In the event that Step A does not resolve the situation, the law enforcement officer may forward the grievance or complaint, in writing, to the Chief of Police within five working days following receipt of the Captain's response. The Chief of Police shall consider the matter, shall investigate as may be appropriate in his or her discretion and render a decision within 10 working days of receipt of the request, unless it is impracticable to do so in such a timeframe.
STEP C.
In the event that Step B does not resolve the problem and the grievance involves a suspension without pay, demotion, termination, transfer or status resulting in economic loss to the law enforcement officer, the law enforcement officer shall be entitled to a full due process hearing before the Chief Administrative Officer. The Chief Administrative Officer will provide a written decision, including findings of fact, to the law enforcement officer within 10 working days of conclusion of the due process proceeding, unless it is impracticable to do within such a timeframe. The decision shall include the right of appeal to the Civil Service Commission, if the decision is eligible for such an appeal. For grievances that are not eligible to be appealed to the Civil Service Commission, the decision of the Chief Administrative Officer shall be final with respect to this grievance procedure.
STEP D.
If the grievance is made on behalf of a full-time, non-probationary law enforcement officer and involves suspension for more than five shift days, dismissal (unless an appeal to the Civil Service Commission is expressly prohibited under these Rules and Regulations) or disciplinary demotion, the law enforcement officer may request an appeal hearing before the Civil Service Commission. A written request for this appeal shall be filed with the City's liaison to the Civil Service Commission (Assistant Chief Administrative Officer) within seven calendar days from the date of receipt of the decision of the Chief Administrative Officer. The Civil Service Commission shall convene as soon as reasonably practicable after receipt of the request for appeal. If requested by either party, the Civil Service Commission shall conduct a closed hearing in accordance with procedures and rules established by the Civil Service Commission. Each party shall have the right to be heard in person and call witnesses. All parties, including the Civil Service Commission, may engage counsel. Technical rules of evidence shall not apply. After hearing and consideration of the evidence, the Commission shall render its decision in writing. The Commission's decision shall be final and binding.