157.45 COMPLAINT PROCEDURE.

   The purpose of this section is to provide employees of the City who are not subject to a collective bargaining agreement an opportunity for discussion of any request or complaint, other than disciplinary matters and matters related to management rights, and to establish a procedure to allow such complaint to be heard in the event an employee first chooses to discuss the matter with his or her immediate supervisor and the administration with hopes of settling same. All complaints must be handled in the following manner:

Step 1:   Any employee who believes he or she has a complaint may present a brief written complaint to and discuss such complaint with his or her immediate supervisor and with another employee of his or her department present, if so desired, in an attempt to settle the complaint. Such complaints shall be brought in writing within seven (7) days of the occurrence of the incident that is the subject of the complaint. For the purposes of this Section, a day shall mean a business day and not a calendar day. Such informal meeting or discussion shall be conducted within five (5) days from the date such written complaint is received by the employee’s immediate supervisor above specified. The employee’s immediate supervisor shall respond in writing to the complaint within five (5) days from the date of the informal meeting or discussion held to discuss the complaint therein suggesting complaint resolution.

In the event any action taken as a result of Step 1 above fails to resolve the complaint to the satisfaction of the complaining party, such employee may refer the matter to Step 2 procedures.

Step 2:   In order for a complaint to be considered further, an employee must notify in writing the Director of his or her department that he or she desires to discuss the matter with the Director who is hereby designated as the representative of the Department for purposes of hearing said complaint in an attempt to settle the matter. The Director shall schedule an informal meeting or discussion date within five (5) days from the date such written complaint is received. At such informal meeting the employee shall be permitted to have another employee of his or her department of his or her choice present. The Director shall respond in writing to the complaint within seven (7) days from the date of the informal meeting or discussion held to discuss the complaint therein suggesting complaint resolution.

In the event any action taken as a result of Step 2 above fails to resolve the complaint to the satisfaction of the complaining party, such employee may follow the procedure set forth in Step 3.

Step 3:   A complaint appeal to the Mayor pursuant to this Step 3 procedure must be made in writing and the writing must state the nature of the complaint. The Mayor or his or her designated representative shall schedule a meeting with the employee, another employee of his or her department of his or her choice, and the Director of his or her department for the purpose of reviewing and discussing the complaint within seven (7) days from the date such written complaint is received. The Mayor shall respond in writing to the complaint within seven (7) days from the date of the meeting therein suggesting complaint resolution. The ruling of the Mayor shall be final.

The following of this complaint procedure shall not cause a complaining employee to be barred from Civil Service Commission procedures due to the passage of time while the complaint is considered in the manner set forth in Steps 1, 2 or 3 above in the event the matter is within the jurisdiction of the Civil Service Commission. Nothing contained in the complaint procedure shall be construed to apply to disciplinary actions which are otherwise appealable to the Civil Service Commission or to matters related to management rights. For purposes of this Section, "management rights" shall be defined as follows: All rights, powers and authority, including the right to determine the mission of the Department, determine staffing policy, and in all other respects to plan, manage, evaluate, administer, govern, control and direct its personnel and operations. Such exclusive rights include, but are not limited to, the following:

   A.   To determine matters of inherent managerial policies which include policy areas of discretion such as the functions and programs of the Employer, standards of service, overall budget, utilization of technology and organizational structure;

   B.   To establish, modify and enforce reasonable policies, rules, regulations and standards for employee performance;

   C.   To determine the size, composition and adequacy of the workforce;

   D.   To establish and determine job qualifications and duties and to establish the education and training requirements for the Department;

   E.   To establish or modify job classifications;

   F.   To hire, evaluate, assign, transfer, schedule, supervise, direct, promote, demote, discipline, suspend and discharge employees for just cause;

   G.   To lay off employees;

   H.   To determine overall methods, processes and means by which operations are to be efficiently and effectively conducted;

   I.   To determine location of facilities and to introduce new and/or improved equipment and methods;

   J.   To determine the financial policies and procedures of the City, including the exclusive right to allocate and expend all funds of the City;

   K.   To do all things appropriate and incidental to any of its rights, powers, prerogatives, responsibilities and authority; and in all respects to carry out the ordinary and customary functions of the administration.

      (Ord. 2004-180. Passed 12-7-04.)