A. Grievances.
1. Purpose of Grievance Procedures.
a. To promote improved employer-employee relationships by establishing a grievance procedure on matters for which appeal is not otherwise provided;
b. To afford individual employees and recognized employee organizations a systematic means to obtain further consideration of problems after every reasonable effort has failed to resolve them through discussions. Nothing herein shall preclude an employee from being represented by another individual or employee organization in the grievance procedure;
c. To provide that grievances shall be settled as near as possible to the point of origin;
d. To provide that the grievance procedure shall be as informal as possible.
2. Availability of Procedures. The grievance procedures set forth herein shall be available only to permanent employees, as defined in Section 2R.72.120, and to recognized employee organizations.
3. Grievance Defined. A grievance is any dispute concerning the interpretation or application of:
a. A written memorandum of understanding between the City and an employee organization;
b. The provisions of a pay and benefit resolution;
c. Any ordinance, rule or regulation governing personnel practices which address wages, hours or other terms and conditions of employment;
d. These Personnel and Employee Representation Rules, provided, however, that final determinations of the City Manager or a hearing officer, made pursuant to the provisions of these Rules, shall not be the subject of a grievance; or
e. The adoption or amendment of the Classification Plan.
4. Exclusions. The following matters are specifically excluded from review under this grievance procedure:
a. All City rights and all employee rights as set forth in Section 2R.72.220 of this Article.
b. Matters within the budgetary authority of the City Council or City Manager.
c. The rejection of an employee from probation.
d. All rights reserved to management under the provisions of an existing memorandum of understanding.
5. Grievance Procedures. Grievances shall be processed in accordance with the following procedures:
a. Informal Procedure. Any employee having a grievance shall first discuss the grievance with his or her immediate supervisor within ten (10) calendar days of the occurrence which caused the grievance. Within ten (10) calendar days after the discussion the supervisor shall attempt to resolve the grievance.
b. Formal Procedure. If the supervisor’s action does not adjust the grievance satisfactorily, the employee may, within ten (10) working days of the supervisor’s response, take the following steps:
(1) First Level of Review. A grievance may be submitted in writing to the employee's immediate supervisor. The written grievance shall be as specific as possible and shall include all facts deemed pertinent to its resolution. The immediate supervisor shall discuss the grievance with the employee and/or the employee's representative, if any, and reply in writing to the employee within five (5) working days.
(2) Second Level of Review. If the employee does not agree with the supervisor's decision, the written grievance will be presented within ten (10) working days to the next level of supervision. The second level supervisor shall have ten (10) working days to investigate and shall thereafter render a written decision.
(3) Third Level of Review. If the employee does not agree with the decision of the second level supervisor, the written grievance shall be submitted to the department head within five (5) working days after receipt of the second level supervisor's decision. After the receipt of the grievance, the department head shall have fifteen (15) working days to render a written decision.
(4) If the employee does not agree with the decision of the department head, the written grievance shall be submitted to the Director within five (5) days after receipt of the department head’s decision. After receipt of the grievance, the Director shall have fifteen (15) working days in which to investigate and render a written decision.
(5) Hearing Request. Should the employee still be aggrieved, the employee may appeal the decision. An appeal must be filed with the Director within fifteen (15) working days of receipt of the written decision. After receipt of the appeal, a hearing officer shall be appointed and a hearing held in the manner set forth below.
c. General Provisions: The following provisions shall apply to the grievance procedure:
(1) Departments with only one supervisory level between the employee and the department head shall omit the second level review. In departments where the only supervisor is the department or office head, the first level and the second level shall be omitted. In departments with more than three levels of supervision, each additional level shall review the grievance prior to the matter being submitted to the department head, in accordance with the time lines provided for in the second level of review. Employees in th Department shall have the assistant city manager act in place of the Director in step b (3) and (4) above. Employees having a grievance which involves an office or department other than their own shall submit the written grievance to the Director who shall have twenty (20) working days in which to investigate and render a written decision thereon. Such decision shall be subject to appeal by the employee.
(2) Each level of supervision has an obligation to respond to any grievance, but should a response not be rendered within the time limit, the grievance may be appealed to the next step.
(3) The grievance is considered settled if the decision of any step is not appealed within the time limit, except when an investigative process is still in progress and the employee has been notified that it is taking place and the employee agrees to extend the time period.
(4) Any time limit in the grievance procedure may be extended to a date mutually consented to by the employee or employees filing the grievance and the supervisor involved.
(5) There shall be no reprisal or any other action taken against employees who avail themselves of the grievance procedure.
(6) An employee may use vacation time, administrative leave or compensatory time, if reasonably necessary, for the preparation of a grievance. If the grievance is sustained by the City Manager, such time taken shall be recredited to the employee.
(7) The cost, if any for a hearing officer to conduct a grievance hearing, for a facility in which to hold the hearing, and the like, shall be divided equally between the parties. Each party shall be responsible for its own costs for an attorney or other representation, for presenting evidence and for the cost of a court reporter when it requests one.
B. Grievance Hearing Procedure.
1. The hearing officer shall be appointed in the manner set forth under Section 2R.72.150.J. of this chapter.
2. The hearing authorized herein shall be held within thirty (30) days following the request for hearing.
3. The Director shall notify the person requesting the hearing and the hearing officer of the date, time and place of the hearing.
4. Unless otherwise requested by the grievant, the hearing shall be closed to the public.
5. The grievant may be represented by any person.
6. The Director shall be authorized to issue subpoenas to compel the attendance of witnesses or the production of documents at the hearing when a request for same is made on behalf of the City, or by the grievant. Any witness fees, mileage or other costs relating to subpoenas shall be the responsibility of the party requesting their issuance.
7. Prehearing briefs regarding the issue subject to the grievance may be filed by the City or the grievant with the hearing officer no later than seven (7) calendar days prior to the date of the hearing. Post-hearing briefs may be requested by the hearing officer, in his or her sole discretion, to be filed after the conclusion of the hearing by a date certain mutually agreed to between the hearing officer and the parties. Copies of prehearing and post-hearing briefs shall be filed concurrently with the other parties involved in the hearing.
8. The hearing shall proceed generally as follows:
a. The grievant and the City's representative may make preliminary, opening statements.
b. The grievant may present oral and/or documentary evidence in support of his/her/its position; the City's representative may cross-examine any witness called by the grievant.
c. The City’s representative may present evidence in the City's behalf; the grievant or his/her/its representative may cross-examine witnesses called by the City.
d. Both the grievant and the City may present rebuttal evidence as they deem necessary and appropriate.
e. The hearing officer shall rule on any objections made to the admissibility of evidence or otherwise relating to the conduct of the hearing. Such rulings shall be final, unless otherwise provided for in a memorandum of understanding, or in a pay and benefit resolution adopted by the City Council for non-recognized employee groups.
f. The grievant and the City's representative may make closing statements.
9. Hearing officer’s action:
a. At the close of the hearing, and in no event more than fifteen (15) calendar days following the conclusion thereof, the hearing officer shall prepare findings and conclusions regarding the merits of the grievance; provided, however, that the hearing officer may request and the Director may grant an extension of not more than fifteen (15) days for the preparation of findings and conclusions.
b. The findings and conclusions shall be forwarded to the City Manager and to the grievant and his/her/its representative. The City Manager shall, within ten (10) calendar days of receipt of same, either accept, reject, or modify the findings and conclusions of the hearing officer and make a decision and issue a written order on the matter. If the City Manager rejects or modifies the decision of the hearing officer, the reasons therefor shall be included in the decision and order. The City Manager's action shall be final, unless otherwise provided for in a memorandum of understanding, or in a pay and benefit resolution adopted by the City Council for non-recognized employee groups.
c. All materials relating to any grievance including, but not limited to, minutes of the hearing, findings and recommendations and the final decision and order shall be available to the City Council for review, upon request.
(Res. No. 143 95-96, Res. No. 113-07. Res. No. 19-13)