[Ord. No. 16-23, 9-18-2023]
The most effective accomplishment of the work of the City requires prompt consideration and equitable adjustment of employee grievances. It is the desire of the City to adjust grievances informally, and both supervisors and employees are expected to make every effort to resolve problems as they arise. However, it is recognized that there may be grievances, which will be resolved only after formal appeal and review. This Division shall apply to employees of the classified service only. Employees may not file a grievance over classification or pay issues or the establishment, modification or particular conditions of employee benefits. The appeal provision for all disciplinary action, including, without limitation, written warnings, suspensions, demotions and/or dismissals, is covered under Division 6 of this Article.
[Ord. No. 16-23, 9-18-2023]
A. 
An aggrieved classified employee shall refer the grievance to his or her Department Head within ten (10) working days [six (6) shift days for Fire Department personnel] of the occurrence of the action from which the grievance stems, or from the time of the employee's knowledge of such action. This notice must be in writing and include:
1. 
A statement of the grievance and relevant facts;
2. 
The remedy sought; and
3. 
The relevant provisions of the Personnel Code.
The Department Head shall respond to the grievance, in writing, within fifteen (15) working days of his or her receipt of the grievance and shall provide a copy of the response to the City Administrator. If the grievance alleges a rule violation by the employee's Department Head, the employee may file the original grievance with the City Administrator.
B. 
If the employee is dissatisfied with the decision of the Department Head, he or she may, within five (5) working days [three (3) shift days for Fire Department personnel] of receipt of the response, appeal the decision, in writing, to the City Administrator who shall respond to the grievance within fifteen (15) working days of his or her receipt of the grievance.
C. 
If the employee or Department Head is dissatisfied with the City Administrator's decision, he or she may obtain a review by the Mayor by submitting a request, in writing, within five (5) working days [three (3) shift days for Fire Department personnel] through the office of the City Administrator following the decision. The Mayor shall make such investigation as he or she deems necessary and shall, within fifteen (15) calendar days after receipt of the employee's grievance, inform the employee, the Department Head and the City Administrator, in writing, of his or her decision.
D. 
If the employee, Department Head or City Administrator is dissatisfied with the decision of the Mayor, he or she may within five (5) working days [three (3) shift days for Fire Department personnel] appeal the decision, in writing, to the Board of Aldermen through the office of the City Administrator. The City Administrator shall, within fifteen (15) working days, file a report with the Board of Aldermen giving full details of the grievance. The Board of Aldermen shall either conduct a hearing on the appeal or decide the appeal based on written submissions of the employee and City Administrator.
At an appeal hearing, all parties shall have the right to be heard and present evidence and testimony. At a hearing, technical rules of evidence shall not apply.
The Board of Aldermen shall consider the evidence it receives, whether in writing or at a hearing, and shall decide the appeal, as it deems appropriate. The Board of Aldermen shall promptly file a written statement of its findings and decision with the City Administrator, and provide copies to the employee and the Department Head. The decision of the Board of Aldermen shall be final and binding, except as where designated otherwise in a labor contract between a union and the City.