[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.