A classified, regular employee of the City who feels aggrieved by the action of his supervisor in the administration of discipline, may appeal such disciplinary action according to the step(s) set forth in Table I herein. For a particular disciplinary action, the employee shall follow the procedural steps in the order established, and the last step listed is the final point of appeal. The intent of the Charter is clear as to the role of City Council in disciplinary matters. The City Manager shall discipline employees in the classified and unclassified service and the Civil Service Commission has the power to hear appeals from administrative determinations made pursuant to this chapter and as may be authorized by this chapter. Disciplinary actions and the associated appeal steps are as follows:
TABLE I GRIEVANCE APPEAL PROCEDURE |
Disciplinary Action | Appeal Steps |
Informal (oral) reprimand | None |
Formal (written) reprimand | (1) |
Suspension from duty without pay for 3 or less working days | (1),(2) |
Suspension from duty without pay for 4-5 working days | (1),(2),(3) |
Suspension from duty without pay for 6 or more working days | (1),(2),(3),(4) |
Demotion in rank or reduction in salary | (1),(2),(3),(4) |
Dismissal | (1),(2),(3),(4) |
(a) Appeal Steps.
(1) Department/Division Head hearing. The aggrieved classified employee may present a written statement of his grievance to the Department/Division Head. This written statement shall be presented within five working days of the effective date of the disciplinary action being appealed and shall ask for a review and modification or reversal of the action. The Department/Division Head shall issue a written response.
(2) Administrative hearing. If a grievance is not resolved to the satisfaction of the employee by the Department/Division Head addressed under step (1) within five working days of the receipt of the written statement of appeal, and the action being appealed is allowed to proceed to step (2), the employee may request in writing, a review by a Department/Division Head who was not involved in the step (1) hearing; such hearing officer to be appointed by the City Manager. The hearing officer shall hold a hearing within ten working days of the receipt of such written statement. At such hearing the Department/Division Head shall present the facts and circumstances upon which the disciplinary action was taken. Prior to such hearing, the Hearing Officer shall notify the employee, in writing and reasonably in advance, of the time and place of the hearing and the specific matters or charges which will be considered. At the hearing, the employee may be represented by an individual of his choosing, and will be permitted to present witnesses. The employee's personnel file shall be made available for him to review prior to the hearing upon written request to the Hearing Officer. The Hearing Officer, after the close of the hearing, shall issue a written decision which shall be forwarded to the employee as soon as practical. The written decision shall be placed in the employee's personnel file and the Hearing Officer shall make a good faith effort to notify the employee prior to making an public statement. The written decision of the Hearing Officer shall be a prerequisite to a request for a hearing before the City Manager.
(3) City Manager hearing. If a grievance is not resolved to the satisfaction of the employee following step (2) and the action being appealed is allowed to proceed to step (3), the employee may request in writing within five working days of the issuance of the Hearing Officer's written decision, a hearing before the City Manager. If such request is not made within five working days, the matter shall be closed. At such hearing, which shall occur within a reasonable time, the Department/Division Head shall present the facts and circumstances upon which the disciplinary action was taken. Prior to the hearing, the City Manager shall notify the employee in writing, and reasonably in advance, of the time and place of the hearing and the specific matters or charges which will be considered. At the hearing, the employee may be represented by an individual of his choosing; he will be permitted to present witnesses. The employee's personnel file shall be made available to him for review prior to the hearing upon written request to the City Manager. The City Manager shall issue a written decision, after the close of the hearing, which shall be forwarded to the employee as soon as practical. The City Manager shall make a good faith effort to notify the employee prior to the making of any public statement. The written decision of the City Manager shall be a prerequisite to a request for a hearing before the Civil Service Commission.
(4) Civil Service Commission hearing. The Charter provides for a three member Civil Service Commission. Such Commission is to be appointed by the City Manager for terms as specified in Article XI
, Section 1
of the Charter. The Civil Service Commission shall conduct its proceedings in accordance with the Board's rules and regulations adopted by it pursuant to authority granted by the Charter and/or by ordinance of City Council. An aggrieved classified employee may request in writing a hearing before the Civil Service Commission. Such request must be submitted within five working days of receipt by the employee of the City Manager's decision under step (3). Such request shall be submitted to the Chairman of the Civil Service Commission. The decision of the Civil Service Commission shall be final.
(Ord. 20-04. Passed 2-23-04.)