135.25 GRIEVANCE PROCEDURE.

   (a)   The purpose of this section is to provide employees of the Division of Police an opportunity for discussion of any request or complaint, other than disciplinary matters, 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 supervisors and the administration with hopes of settling same. All of the employees of the Division of Police shall select from among the Department employees three representatives on March 1, 1989, and annually each year thereafter to form the Division of Police Department Committee. All grievances 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 a member of the department committee present, if so desired, in an attempt to settle 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 days from the date such written complaint is received by the supervisor above specified. The supervisor shall respond in writing to the complaint within five days from the date of the informal meeting or discussion held to discuss the complaint therein suggesting complaint resolution.

   (b)   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 Chief of the Department or his/her designee that he or she desires to discuss the matter with them in an attempt to settle the matter.

   (c)   The Chief or his/her designee shall schedule an informal meeting or discussion date within five days from the date such written complaint is received. At such informal meeting or discussion, the employee will be permitted to have present a member of the Division of Police. The Chief or his/her designee shall respond in writing to the complaint within seven days from the date of the informal meeting or discussion held to discuss the complaint therein suggesting complaint resolution.

   (d)   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 designated representative shall schedule a meeting with the employee, a member of the Division of Police for the purpose of reviewing and discussing the complaint within seven days from the date such written complaint is received. The Mayor shall respond in writing to the complaint within seven days from the date of the meeting therein suggesting complaint resolution. The ruling of the Mayor shall be final.

   (e)   The following of this grievance 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 grievance procedure shall be construed to apply to disciplinary actions which are otherwise appealable to the Civil Service Commission.
(Ord. 2004-199. Passed 12-21-04.)