[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:
DAYS
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.
DEPARTMENT
Any office, department, board, commission or other agency
of the government of the City.
EMPLOYEE
Any person directly employed and compensated by the City,
except persons employed in the legislative or judicial branch thereof.
GRIEVANCE
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.
IMMEDIATE SUPERVISOR
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.
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.