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(A) Purpose of complaint and grievance pro-cedure. It is the city's purpose to provide an effective and acceptable system whereby employees can seek resolution of grievances or complaints on matters affecting their jobs. All levels of admini-stration and supervision are expected to inform and encourage employees to discuss matters affecting their employment.
(B) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMPLAINT. An allegation or charge that a wrong has been committed.
COMPLAINT PROCEDURE. The process by which a determination is made whether or not a wrong has been committed.
GRIEVANCE. An expressed claim by an employee that the city has violated, misinterpreted or misapplied an obligation to the employee as such obligation is expressed and written in the charter, code or this personnel ordinance.
GRIEVANCE PROCEDURE. The process by which the validity of a grievance is determined.
REPRESENTATIVE. A person who, at the request of the employee or management, is invited to participate in grievance conferences and complaint conferences as specified herein.
(C) Complaint procedure.
(1) The employee should review any complaint with his supervisor. The supervisor is required to review every complaint and attempt to settle it as quickly and fairly as possible.
(2) If the action taken by his or her immediate supervisor is not satisfactory, the employee may take his or her complaint to successive levels of supervision, as determined by the chart of administrative organization, up to and including the City Manager. The employee may have a representative at complaint conferences at the department head level and above.
(D) Grievance procedure.
(1) Step one. The employee shall inform his or her immediate supervisor, orally or in writing, of his or her grievance and relevant facts within ten work shifts or business days after the employee knew, or in the exercise of reasonable diligence should have known, of the events giving rise to the grievance. At least one conference shall be held between the employee and his or her immediate supervisor within two work shifts or business days after the employee has expressed the grievance. The immediate supervisor shall advise the employee of his or her decision within two work shifts or business days following the conference.
(2) Step two. If the grievance is not resolved in step one, the employee shall put the grievance in writing and submit two copies to his or her immediate supervisor and department head not later than five work shifts or business days following completion of step one. The written grievance shall include a citation of the sections of the charter, code or this personnel ordinance alleged to have been violated and the remedy sought by the employee. The department head shall review the grievance and meet with the employee and give his or her written decision to the employee within five work shifts or business days from receipt of the grievance.
(3) Step three.
(a) In the event the grievance is not resolved in step two, the employee may submit his or her grievance to the City Manager, or his or her designee, not later than five work shifts or business days following completion of step two. The City Manager, or his or her designee, shall have five work shifts or business days in which to review the matter. At the completion of his or her review, the City Manager, or his or her designee, shall render a decision in writing to the employee and other concerned parties. The employee may be represented by anyone of his or her choosing at the City Manager's, or his or her designee's, hearing.
(b) The decision of the City Manager, or his or her designee, shall be final in all cases.
(E) General provisions.
(1) No retribution or prejudice shall be suffered by employees making use of the grievance or complaint procedures by reason of such use.
(2) Forms for filing and processing grievances and other documents necessary under these procedures shall be prepared by the personnel officer and given appropriate distribution. All documents, communications, and records dealing with the processing of grievances shall be filed separately from personnel files.
(3) Failure at any step of this process to communicate the decision on the grievance within the specified time limits shall permit the aggrieved employee to proceed to the next step.
(4) The grievant shall be present at all steps of the procedure.
(5) Failure at any step of the procedure to appeal a decision on a grievance within specified time limits shall be deemed acceptance of the decision rendered.
(6) The time limits specified at any step in this procedure may be extended by mutual agreement.
('86 Code, § 2.48.160) (Ord. 3898, passed - - ; Am. Ord. 4216, passed - - )