[Adopted as Ch. 5, Art. I, of the 1974 Municipal
Code]
[Amended 8-5-1992 by L.L. No. 3-1992]
The following grievance procedure is hereby
established for employees of the City, except as otherwise provided
in this chapter or a labor agreement.
As used in this article, the following terms
shall have the following meanings:
All days other than Saturdays, Sundays and legal holidays.
Saturdays, Sundays and legal holidays shall be excluded in computing
the number of days within which action must be taken or notice given
within the terms of this article.
Any office, department, board, commission or other agency
of the government of the City.
Any person directly employed and compensated by the City,
except persons employed in the legislative or judicial branch thereof.
Any claimed violation, misinterpretation or inequitable application
of the existing laws, rules, procedures, regulations, administrative
orders or work rules of the City or a department thereof which relates
to or involves employee health or safety, physical facilities, materials
or equipment furnished to employees or supervision of employees; provided,
however, that such term shall not include any matter involving an
employee's rate of compensation, retirement benefits, disciplinary
proceeding or any other matter which is otherwise reviewable pursuant
to law or any rule or regulation having the force and effect of law.
The employee or officer on the next higher level of authority
above the employee in the department wherein the grievance exists
and who normally assigns and supervises the employee's work and approves
said employee's time record or evaluates said employee's work performance.
Every employee of this City shall have the right
to present a grievance in accordance with the procedures provided
herein, free from interference, coercion, restraint, discrimination
or reprisal, and shall have the right to be represented by a person
of his/her own choosing at all stages of the grievance procedure.
[Amended 6-4-1997 by L.L. No. 4-1997]
A.
Duty of employee. An employee who claims to have a
grievance shall present said grievance to his/her immediate supervisor
orally within 10 days after the grievance occurs.
B.
Duty of supervisor. The immediate supervisor shall
discuss the grievance with the employee, shall make such investigation
as deemed appropriate and shall consult with superiors to such extent
as deemed appropriate, all on an informal basis.
C.
Decision by supervisor. Within 10 days after presentation
of the grievance to the supervisor, the immediate supervisor shall
make a decision and communicate the same to the employee presenting
the grievance and to the employee's representative, if any.
D.
In the event that the immediate supervisor to whom the initial presentation is made is a department head or the City Manager, the grievant, if dissatisfied with the decision communicated pursuant to Subsection C, may, within 10 days of the communication of that decision, submit a written statement describing the specific nature of the grievance and the objections to the decision to the department head or City Manager. The department head or City Manager shall respond to such statement within 10 days by submitting a written description of the reasons underlying the decision. The grievant shall then have the right to appeal to the Grievance Board in accordance with the procedure outlined in § 90-7.
[Amended 11-3-2021 by L.L. No. 2022-07]
[Amended 6-4-1997 by L.L. No. 4-1997]
A.
Request for review. If an employee presenting a grievance
is not satisfied with the decision made by the immediate supervisor,
the employee may, within 10 days thereafter, request a review and
determination of the grievance by the department head. Such request
shall be in writing and shall contain a statement as to the specific
nature of the grievance and the facts relating to it. Such request
shall be served upon both the department head and the immediate supervisor
to whom the grievance was originally presented. Thereupon, and within
10 days after receiving such request, the immediate supervisor shall
submit to the department head a written statement of his/her information
concerning the specific nature of the grievance and the facts relating
to it.
B.
Duty of department head or nominee. The department
head or the department head's nominee may and, at the request of the
employee, shall hold a hearing within five days after receiving the
written request and statement from the employee. The employee and
the employee's representative, if any, may appear at the hearing and
present oral statements or arguments.
C.
Decision by department head or nominee. Within 10
days after the close of the hearing or within 10 days after the grievance
has been submitted to the department head if there is no hearing,
the department head or the department head's nominee shall make a
decision and communicate the same to the employee presenting the grievance
and to the employee's representative, if any.
A.
Established. A Grievance Board of three members is
hereby established to hear appeals from decisions of department heads
on grievances.
B.
Members. The members of this Board shall be a standing
committee of the Common Council, to be appointed by the Mayor and
to serve at the pleasure of the Mayor. The Mayor also shall appoint
an alternate to serve in the absence or inability of any member to
serve. In the event that a grievance arises to which the Mayor is
a party, Common Council shall, by majority vote, appoint a three-member
ad hoc Grievance Board to hear that particular grievance.
[Amended 6-4-1997 by L.L. No. 4-1997]
C.
Hearing body. A hearing of any matter before the Grievance
Board may be conducted by any one or more members of the Board designated
by the Board to act on its behalf; provided, however, that if less
than the full Board presides at such a hearing, the member or members
thereof conducting such hearing shall render a report thereon to the
full Board, and the full Board shall thereupon make its report.
D.
Necessary vote. Two concurring votes shall be necessary
to determine any official report or action of the Grievance Board.
E.
Funds, supplies, facilities and personnel. Necessary
funds, supplies, facilities and personnel to implement the operation
of the Grievance Board shall be provided by the Common Council.
F.
Promulgation of rules. The Grievance Board may make
and amend rules and regulations for the conduct of its proceedings
not inconsistent with the provisions of this article. A complete and
up-to-date set of such rules and amendments shall be kept on file
in the City Clerk's office.
A.
Time limitation; written statement. An employee may
appeal from the decision of the department head or nominee of the
department head within 15 days after notice of such decision. The
appeal shall be taken by submitting to the Grievance Board a written
statement, signed by the employee taking the appeal, containing:
(1)
The name, residence address and department of employment
of the employee presenting the grievance.
(2)
The name, residence address and department of employment
of each other employee or official involved in the grievance.
(3)
The name and address of the employee's representative,
if any, and the representative's department of employment if the representative
is a fellow employee.
(4)
A concise statement of the nature of the grievance,
the facts relating to it and the proceedings and decisions on the
grievance up to the time of the appeal.
(5)
A request for a review of the decision of the department
head or the department head's nominee.
B.
Written statement by the department head. The Grievance
Board may request the department head to submit a written statement
of facts, including a summary of the record of the hearing, if there
was a hearing, and the original or a true copy of any other record
or document used by the department head or the department head's nominee
in making a decision. Such written statement shall be submitted within
10 days after request by the Grievance Board.
[Amended 6-4-1997 by L.L. No. 4-1997]
C.
Hearing; time and notice. The Grievance Board shall
hold a hearing within 10 days after receiving the written request
for review. It shall give at least three days' notice of the time
and place of such hearing to the employee, the employee's representative,
if any, and the department head or the department head's nominee,
all of whom shall be entitled to be present at the hearing.
D.
Public or private hearing. The hearing on the appeal
may be held in public or in private, as determined by the Grievance
Board.
E.
Procedure and evidence. New evidence, testimony or
argument, as well as any documents, exhibits or other information
submitted to the department head or the department head's nominee
at the hearing held by the department head or the department head's
nominee may be introduced at the hearing by the employee, by the department
head or the department head's nominee or upon the request of the Grievance
Board.
F.
Adjournment. The hearing may be adjourned from time
to time by the Grievance Board if, in its judgment, such adjournment
is necessary in order to obtain material evidence. The total of all
such adjournments, however, shall not exceed 10 days, except that
adjournments consented to by both the employee and the department
head shall not be counted in determining the total days of adjournments
as herein limited.
G.
Rules of evidence. The Grievance Board shall not be
bound by formal rules of evidence.
H.
Written summary. A written summary shall be kept of
each hearing held by the Grievance Board.
I.
Report. The Grievance Board shall make its report,
in writing, within 10 days after the close of the hearing. It shall
immediately file its report and the written summary of the proceedings
with the City Clerk and shall at the same time send a copy of its
report to the employee, the employee's representative, if any,
the department head, the City Manager, and the Local Civil Service
Commission, if appropriate. The report shall include a statement of
the Board's findings of fact, conclusions and advisory recommendations.
[Amended 6-4-1997 by L.L. No. 4-1997; 11-3-2021 by L.L. No. 2022-07]
J.
Effect of report. The report of the Grievance Board
shall be final, subject to review under Article 78 of the Civil Practice
Law and Rules.
This article may be amended at any time in accordance
with the general procedures and requirements in effect at such time
for the amendment of an ordinance.
