The following words, terms and phrases, when used in this part, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
"Grievance"
means any dispute involving the interpretation, application or alleged violation of any section of this chapter, except for disputes which are expressly exempted from the grievance procedure, including, but not limited to, disputes which are subject to the pre-disciplinary hearing procedure set forth in section 3.30.103 and disputes which relate to the contents of a performance evaluation.
"Grievant"
means an individual nonrepresented employee or group of nonrepresented employees.
(AO No. 79-195; AO No. 86-207(S-1); AO No. 2011-61(S), § 4, 7-12-2011, retro eff. 7-4-2011)
A grievance shall be processed in accordance with the procedures and within the time limits stated in this section and section 3.30.102. The time limits set forth in this procedure may be extended in writing by mutual agreement of the parties. Nothing in this section shall be construed to prevent settlement of a grievance by mutual agreement of the parties at any time.
A. 
Informal discussion.
1. 
The aggrieved employee shall discuss the grievance with the agency head in an attempt to reach informal resolution of the grievance.
B. 
Step 1—Submission to agency head.
1. 
If the grievance cannot be resolved informally through discussion, and the employee chooses to proceed with the grievance, the employee shall submit the grievance in writing to the agency head, with a copy to the director of employee relations. The written grievance shall describe the actions or omissions alleged to constitute improper conduct by the municipality and shall indicate the rules allegedly misapplied, misinterpreted or violated by the municipality.
2. 
The written grievance shall be submitted within 15 calendar days of the date the employee knows or has reason to know of the event, conduct or actions upon which the grievance is based. If the grievance is based upon a change in code, policy or procedure, and the grievant knows or reasonably should know of the current or potential future impact of the change on the employee, the time for submitting a grievance shall start on the date of that change. Failure of the grievant to notify the agency head within the specified time shall constitute a bar to further action on the alleged grievance.
3. 
Upon receipt of a written grievance, an agency head shall, within 15 calendar days, respond in writing. If the agency head does not respond within this time, or within such longer time as is mutually agreed-to between the parties, the grievance shall automatically advance to Step 2 (mayor).
C. 
Step 2—Submission to mayor.
1. 
Upon receipt of the agency head's response or if the agency head does not respond within 15 days of the receipt of the written grievance, the employee shall have seven calendar days to appeal the decision in writing to the mayor. If the employee fails to appeal within this time, or such longer time as is mutually agreed-to between the parties, such failure to respond shall serve to declare the grievance as settled based upon the agency head's decision.
2. 
The written appeal to the mayor shall include a copy of the original written grievance and all written responses to that grievance.
3. 
Within 15 calendar days of receipt of a written appeal by the grievant, the mayor or his designee (the "mayor") shall review the matter and respond in writing to the employee's grievance. The mayor may seek additional clarification of the grievance or request documentation from the grievant, and the time from the date of such request from the mayor until receipt of the information shall not be included in the time calculation for the mayor's decision. If the mayor does not respond within the required time limit, the grievance shall automatically advance to arbitration.
4. 
Upon receipt of the mayor's decision, the employee shall have seven calendar days in which to submit a written request for arbitration to the director. If the employee fails to file a written request for arbitration within the seven days, such failure shall serve to declare the grievance as settled based upon the mayor's decision.
(AO No. 79-195; AO No. 86-207(S-1); AO No. 91-173(S); AO No. 92-121(S); AO No. 2011-61(S), § 5, 7-12-2011, retro eff. 7-4-2011)
A. 
Within seven calendar days of an employee's receipt of a timely request for arbitration, the director shall provide the employee with a list of the names of at least three local arbitrators. To be included on this list, a proposed arbitrator shall be a member in good standing with the Alaska Bar Association, preferably with at least five years of experience in employment law, be a current or retired judge with the Alaska Court System, or be an arbitrator in good standing with a recognized state or national association of arbitrators, such as the American Arbitration Association. The employee shall have seven calendar days from the receipt of this list to select an arbitrator from the list. Once an arbitrator is appointed, the parties shall confer with the arbitrator and select an acceptable date for the arbitration. Unless otherwise noted by the director, the arbitration shall be held at City Hall.
B. 
The arbitrator shall conduct the hearing according to generally accepted standards and procedures for grievance arbitration. If the municipality contests the arbitability of the grievance, the arbitrator shall consider that matter and render a decision on it, before conducting a hearing on the underlying grievance. The fact that the municipality may have considered the merits of the grievance at any point of the grievance procedure shall not constitute a waiver of the municipality's right to contest the arbitrability of the underlying grievance.
C. 
The employee may be represented at arbitration by a duly authorized representative. If the employee will be represented at arbitration, written notice of such representation shall be provided to the director at least ten calendar days before the date set for the arbitration. Once the director receives notice of such representation, the director shall communicate directly with the representative on all matters concerning the arbitration, unless otherwise agreed to by the representative.
D. 
The arbitrator shall have no authority to add to, alter, delete or modify any statute, regulation, ordinance or labor agreement or to issue any award on a matter not raised in the complaint filed by the employee. The arbitrator shall not make any award involving payment to a party for events, actions or omissions giving rise to the grievance.
E. 
The decision of the arbitrator shall be final and binding on all parties and shall only be subject to appeal in the superior court in accordance with AS 9.43.120—9.43.150. Either party may make application to the superior court to enforce a decision of the arbitrator.
F. 
In the application of this section, the term "employee" shall include any duly authorized representative of the employee who alleges a grievance.
G. 
Nothing in this section shall be construed to prevent settlement of a grievance by mutual agreement of the parties at any time. The expenses of the arbitrator shall be borne by the municipality.
H. 
Submission of a grievance to arbitration shall not act as a stay of any action unless a stay is expressly approved by the mayor or his designee.
I. 
The provisions for grievance, arbitration or pre-disciplinary hearing contained in this section shall not apply to employees who have not successfully completed the probationary period required by rule 7 at the time of the alleged action or omissions or to executive employees. Probationary employees may be subject to discipline without grievance appeal or pre-disciplinary hearing and may be terminated in accordance with section 3.30.074C.
(AO No. 79-195; AO No. 94-117, § 17, 7-26-1994; AO No. 2011-61(S), § 6, 7-12-2011, retro eff. 7-4-2011)
A dismissal, demotion with reduction in pay or suspension without pay of an employee, who is not an executive unless serving a probationary period for any reason, shall be accomplished and reviewed only in accordance with the procedures stated in this section.
A. 
Before an agency head may dismiss, demote with a reduction in pay or suspend without pay an employee, the employee shall receive written notice of intent to discipline containing a reasonably specific statement of the basis for the intended discipline, an explanation of the employee's entitlement to ask for a hearing at which such intended discipline may be reviewed and the name of the hearing officer who will be used at the hearing if a hearing is requested. If the employee is unavailable, the notice shall be given by mail.
B. 
The employee may request a hearing only by submitting a written request to his agency head, on a form to be provided by the director, no later than 5:00 p.m. on the seventh calendar day following the day on which he received the notice of intent to discipline or the date of mailing such notice. The employee may request either a pre-disciplinary hearing or a post-disciplinary arbitration. Failure of the employee to timely submit written notice of his selection on the designated form shall constitute a waiver of the employee's right to both a pre-disciplinary hearing and a post-disciplinary arbitration.
C. 
The director shall schedule a pre-disciplinary hearing no later than the 15th workday after the notice of intent to discipline is provided to the employee. The director shall designate an impartial individual experienced in dispute resolution to serve as a hearing officer at the pre-disciplinary hearing. The director shall not designate as a hearing officer any individual who is a municipal employee unless otherwise agreed upon by the parties. The pre-disciplinary hearing shall be held only if the employee submits a timely written request as provided in subsection B of this section. If for any reason the employee objects to the hearing officer designated by the director, he must so indicate in writing no later than 5:00 p.m. on the seventh calendar day following the day on which he received the notice of intent to discipline or the date of mailing such notice and select, at that time, an alternative hearing officer who is available to conduct the hearing within 15 days of the notice of intent to discipline from a list maintained by the director.
D. 
Existing pay status shall not be provided beyond the 15th day if the employee or his representative requests and is granted an extension of the hearing date for any reason. If the municipality requests and is granted an extension of the hearing date for any reason, the employee shall be continued in pay status.
E. 
Chapter 3.60 shall not apply to a pre-disciplinary hearing conducted under this section provided that regulations are promulgated setting forth rules and procedures for the conduct of pre-disciplinary hearings.
F. 
The hearing officer may exercise independent judgment as to the weight of the evidence and on legal issues raised by the parties. The employer shall prove the existence of just cause to discipline the employee by a preponderance of the evidence presented.
G. 
The hearing officer shall issue a written decision no later than two working days after the close of the hearing. The decision shall include reasonably specific findings of fact, conclusions of law, and a clear and precise statement of the reason for the decision.
H. 
The hearing officer is limited to either upholding or denying the discipline based upon the existence of just cause to support it, and is not authorized to provide any other remedy.
I. 
If the hearing officer denies the existence of just cause to support the discipline, the agency head, in consultation with the director, may then impose a lesser form of discipline for the conduct at issue at the hearing. If the lesser form of discipline is to be either suspension or demotion, the hearing officer shall retain jurisdiction to review and rule on that discipline. The employee may receive such review only by submitting a written request within seven calendar days of notice or date of mailing of such notice of the lesser discipline. The hearing officer shall issue a written decision within two working days of receipt of the petition for review.
J. 
Section 3.30.102 shall not apply to an employee entitled to the procedures stated in this section unless the employee requests arbitration in writing as provided in subsection B of this section. If this section conflicts with any provisions of section 3.30.102, this section shall prevail. As a result of an arbitration on discharge grievances under section 3.30.102, an arbitrator may reinstate the employee only if the employer fails to prove just cause to support the discipline. For discharge grievances, reinstatement shall be the exclusive remedy; the arbitrator shall not award back pay.
K. 
If a collective bargaining agreement incorporates this section by reference, the represented employee may make the same election as a nonrepresented employee between the pre-disciplinary hearing and a post-disciplinary arbitration or neither of them, as described in this section.
L. 
Under no circumstances shall either a nonrepresented or a represented employee be entitled to request and participate in both a pre-disciplinary hearing and a post-disciplinary arbitration concerning a particular disciplinary action. This subsection prevails over any provision of a collective bargaining agreement incorporating this pre-disciplinary hearing entitlement that is inconsistent with this subsection.
M. 
The affected employee may appeal the hearing officer's pre-disciplinary decision by filing a written notice of appeal with the state superior court for the Third Judicial District at Anchorage in accordance with the Alaska Rules of Appellate Procedure. The superior court shall have no jurisdiction to hear the appeal unless the employee files the notice of appeal within 30 days after the employee's receipt of the hearing officer's decision. The superior court shall limit its review to whether or not substantial evidence in the record supports the decision and to legal issues necessarily decided by the hearing officer.
(AO No. 86-207(S-1); AO No. 94-117, § 18, 7-26-1994)