Table of Contents: Chapter 4
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407 GRIEVANCE POLICY
407.1 Purpose
It shall be the policy of the City to give individual employees an opportunity to discuss their grievances with their supervisors in order to find mutually satisfactory solutions as rapidly as possible. In the presentation of grievances at any supervisory level, employees are assured of freedom from restraint, interference, discrimination or reprisal.
407.2 Reason for grievance
Employees may present a grievance concerning the interpretation of the provisions of City personnel ordinances, City policies, departmental rules and regulations; their working conditions; and their relationship with coworkers or supervisors.
Employee service ratings, merit reviews, and disciplinary actions are specifically excluded from the grievance procedure set forth in this section.
Complaints of harassment must be brought in accordance with the procedures contained in the Harassment policy.
407.3 Appropriateness of grievance
When a question exists as to whether a particular matter is subject to the grievance procedure, final determination will be made by the City Manager. A grievance claim will not be heard or processed if the grievance concerns application of ordinance provisions or policies approved by the City Council; state statutes; or when the City Manager has a good reason to believe that a grievance has been brought in bad faith or for inappropriate reasons, such as harassment.
407.4 Accompaniment
Employees may be accompanied by two (2) persons of their own choosing excluding private legal counsel in the presentation of their grievance beginning at Section 407.5.2, Written Report.
407.5 Grievance procedure:
- Oral report. An employee who has a grievance shall present the grievance within five (5) scheduled workdays to the employee's immediate supervisor. The immediate supervisor and employee will work together to attempt to resolve the grievance.
- Written report. If the oral grievance presentation fails to settle the grievance, the employee may within five (5) calendar days submit a written grievance report with supporting documents specifically defining the grievance to his immediate supervisor.
- Decision. The immediate supervisor shall confer with the aggrieved employee before rendering a decision. Such decision shall be in writing and shall be delivered to the aggrieved employee as soon as practicable, which will be within ten (10) scheduled workdays of the date on which the grievance was received by the immediate supervisor.
In the event there are multiple levels of supervision in the department, the written report and decision steps shall be repeated for each level of supervision.
- Appeal to Department Director. In the event the grievance has not been resolved, the employee may appeal the decision of the supervisor(s) to the Department Director within five (5) calendar days of the written decision outlined in Section 407.5.3, with a copy to the Director of Human Resources. The Department Director shall have ten (10) calendar days to respond to the grievance in writing.
- Appeal to City Manager. If appeal to the Department Director fails to resolve the grievance, the employee may, within fourteen (14) calendar days of receipt of the decision on the appeal, submit an appeal in writing to the City Manager, with a copy to the Director of Human Resources.
On receipt of such appeal, the City Manager or designated representative will meet with the employee as soon as practicable regarding the grievance.
The decision of the City Manager shall be final and no further right of appeal shall be provided to the employee.
The City Manager shall forward a copy of the decision to the employee concerned and one (1) to the Department Director.
407.6 Extension of time
In the event that the employee, appropriate supervisor or Department Director must be absent from work in a manner that affects the time periods listed herein, these periods may be reasonably extended to allow for adequate response time at the request of the absent party as approved by the City Manager.