(a) Applicability. This section applies to every permanent city employee except the following:
(1) A department director, assistant department director, or other managerial personnel designated by the city council in accordance with Section 11, Chapter XVI of the city charter.
(2) A non-civil service employee.
(b) Purpose. The grievance and appeal procedures described in this section are provided for the purpose of giving an employee the opportunity to:
(1) present a grievance concerning the employee's working conditions that the employee claims have been adversely affected by a violation, misinterpretation, or misapplication of a specific law, ordinance, resolution, policy, rule, or regulation;
(2) appeal a disciplinary action; or
(3) appeal a job performance rating or merit rating.
(c) Terms and conditions.
(1) An employee who may appeal a grievance or disciplinary action may have two levels of appeal hearings but no more than a total of four hearings. Appeals of demotions or terminations to the civil service trial board or an administrative law judge are counted as one level of appeal hearing.
(2) A grievance or a disciplinary appeal may be heard during regularly scheduled working hours without loss of pay to the employee, provided the privilege is not abused.
(3) Preparation of a grievance or a disciplinary appeal, except for seeking assistance from the department of human resources, is not permitted during the employee’s working hours.
(4) A sworn member of the police department or fire department may appeal a grievance only through Step 3, except that the grievance may be appealed beyond Step 3 if it involves:
(A) a claim of discrimination because of the employee’s race, color, age, religion, sex, sexual orientation, gender identity and expression, genetic characteristics, national origin, disability, or military or veteran status as it affects the employee’s training, promotion, advancement, or transfer; or
(B) a claim relating to an interpretation or application of a civil service rule.
(5) Except for the final step in appealing a demotion or discharge, a hearing under these procedures is an informal discussion held without the taking of a written record. During any appeal hearing, a participant may take written notes. An employee must be willing to discuss the evidence and answer questions concerning the grievance or appeal at each step. Failure to discuss the facts of the case at any informal level of these procedures will constitute withdrawal of the grievance or appeal and will cause the last decision rendered to become nonappealable.
(6) An employee may seek assistance or representation in presenting a grievance or an appeal at any step. Guidance and assistance on the grievance or appeal procedures may be obtained from the department of human resources. If another employee is selected to provide assistance or representation on the grievance or appeal, that employee is not eligible for regular pay but may be released on vacation leave or leave without pay, depending upon departmental procedure. The supervisor may also obtain assistance or representation.
(7) The days used to establish time limits in this section are working days. Time limits begin to run the working day following the incident, event, hearing, or notice. Unless otherwise provided, the time limits for grievance or appeal requests require that the grievance or appeal request actually be received within that time period by the office designated as the next step for the grievance or appeal.
(8) Unless due to reasons beyond the employee’s control, if an employee fails to file a grievance or an appeal within the time limits prescribed in Subsection (f) of this section or fails to personally appear at a hearing, the matter will be considered as having been accepted and the last decision rendered will be nonappealable.
(9) If the hearing of a grievance or an appeal is not held within 20 working days after the date the request is received (unless the hearing date is extended by mutual agreement or for extraordinary circumstances such as a death in the family or documented illness), the employee requesting the hearing may proceed to the next level of appeal. The city manager, park board, civil service board, trial board, and administrative law judge hearing processes are excluded from this time limitation.
(10) If a disposition of a grievance or an appeal is not issued within the specified time limit, the employee may proceed to the next step, if applicable, by filing a grievance or appeal request to the next step within 20 working days after the date of the last hearing in the grievance or appeal process. If the employee fails to timely file a grievance or appeal request to the next step, the last disposition of the grievance or appeal is nonappealable.
(11) Any time limit specified in the procedures under this section may be extended by mutual agreement.
(12) A grievance filed against a department other than the employee’s own department must be brought to the director of the charged department and is initiated at Step 3 of these procedures. The charged department is responsible for keeping the employee’s own department informed of progress at each step of the grievance or appeal and for supplying the employee’s department with copies of the findings.
(13) An employee who has not completed probation, when required, after appointment or reappointment to city employment may not file an appeal of a disciplinary action. An employee who has not completed probation, when required, after a promotion may not appeal a demotion.
(14) An employee shall not be subject to retaliation for using the grievance or appeal procedures.
(15) An appeal concerning a job performance rating or merit rating may not proceed beyond Step 3 unless the person issuing the job performance rating is a department director. In that case, the employee may appeal to an assistant city manager or, if the department reports to a board or commission, to a designated board or commission member. For purposes of this paragraph, "issuing" refers to the initial job performance rating.
(16) An appeal of a reprimand may not proceed beyond Step 3 unless the person issuing the reprimand is a department director. In that case, the employee may appeal to an assistant city manager or, if the department reports to a board or commission, to a designated board or commission member. For purposes of this paragraph, "issuing" refers to the initial job performance rating.
(17) The right to grieve ends if the employee terminates employment with the city.
(18) An employee may not grieve a position classification.
(19) The city vehicle collision appeal process will be administered in accordance with any applicable provisions of this chapter and with specific procedures and requirements outlined in the administrative directives of the city.
(20) An employee who files a grievance and subsequently files an appeal of the disposition of that grievance shall submit a copy of the original grievance at all levels of appeal.
(21) At every grievance appeal level, the hearing officer shall only hear matters contained in the original grievance.
(d) Grievance. A grievance and request for a hearing must be submitted in writing and must contain the following information:
(1) a brief explanation of the incident causing the grievance, including the date of occurrence;
(2) a brief statement showing how the employee’s working conditions were adversely affected by the incident;
(3) the specific violation, misinterpretation, or misapplication of the specific law, ordinance, resolution, policy, rule, or regulation of which the employee is complaining;
(4) the remedy or solution sought; and
(5) the signature of the aggrieved employee.
(e) Disciplinary appeal. An appeal of a disciplinary action and request for a hearing must be submitted in writing to the person designated in the disciplinary notice, and must contain the following information:
(1) the disciplinary action being appealed and the effective date of the disciplinary action;
(2) the specific reason the discipline is judged to be unjust or otherwise in error;
(3) the remedy or solution sought; and
(4) the signature of the disciplined employee.
(f) Grievance and appeal procedure steps:
(1) Step 1. An employee who has a grievance shall, within 10 working days from the date of the occurrence that caused the grievance, or from the date the employee first had knowledge of the occurrence, request in writing a discussion of the grievance with the employee’s immediate supervisor. The employee must also send a copy of the grievance to the department of human resources. A careful review of the charges and evidence or of the action or omission will be conducted. The supervisor shall respond in writing to the employee, stating the disposition of the grievance, within 10 working days after the discussion. If the grievance alleges a violation of the administrative directives on harassment and/or workplace violence and the immediate supervisor is a direct party in the alleged incident, the employee may file the grievance with the next higher level of supervision above the immediate supervisor. This step does not apply to the appeal of a disciplinary action.
(2) Step 2. If a grievance is not resolved or the employee wishes to appeal a disciplinary action to Step 2, the employee must, within 10 working days after receipt of the supervisor’s written disposition of a grievance or of the disciplinary notice, submit a written request for a hearing to the person designated to hear the grievance or appeal at this level. A hearing shall be conducted within a reasonable time of receipt of the request and a written disposition issued within 10 working days after the date of the hearing. At the discretion of the department director, this step may be completely omitted or may be modified to require two separate hearings before different mid-managers in the department.
(3) Step 3. If a grievance or an appeal is not resolved and the employee wishes to proceed to Step 3, the employee must, within 10 working days after receipt of the disposition in the previous step, submit a written request for a hearing to the department director. A hearing must be conducted within a reasonable time after receipt of the request, and a written disposition must be issued within 10 working days after the hearing.
(4) Step 4.
(A) If a grievance or an appeal is still not resolved and the employee wishes to proceed to Step 4, the employee must, within 10 working days after receipt of the disposition in the previous step or of the disciplinary notice, submit a written request for a hearing to the designated assistant city manager or, in the case of a sworn member of the police department appealing a discharge, to the city manager, in care of the director of human resources of the city. A hearing must be conducted within a reasonable time after receipt of the request, and a knowledgeable representative of the department must be present and, in the case of a sworn member of the police department appealing a discharge, the police chief must also be present and will be represented by a representative of the city attorney. At the hearing, the assistant city manager or, in the case of a sworn member of the police department appealing a discharge, the city manager may, at his or her discretion, allow witnesses on behalf of the employee and the city. A written disposition must be issued within 10 working days after the hearing. If the employee introduces new and relevant evidence in a timely manner at this step, the assistant city manager or the city manager, whichever is applicable, may recess the hearing for 10 working days to give the department an opportunity to assess the evidence and re-examine its position.
(B) The assistant city manager or, in the case of a sworn member of the police department appealing a discharge, the city manager may either affirm the action of the department director or the director’s designee, set aside the action of the department director or the director’s designee, or direct the department director or the director’s designee to enter a new order that the assistant city manager or the city manager, whichever is applicable, determines is just and equitable. Notwithstanding any other provision of this code or the city charter, the assistant city manager or the city manager, whichever is applicable, is not limited in determining the extent of any discipline ordered.
(g) Exception to Step 4 procedure. An employee of the employees’ retirement fund or the police and fire pension system shall bring a grievance or an appeal respectively to the employees’ retirement fund board or the police and fire pension board instead of to an assistant city manager in Step 4 of these procedures. Step 4 does not apply to an employee of the city auditor’s, city secretary’s, or civil service office.
(h) Step 4 procedure for suspensions. When an employee requests a Step 4 hearing for the appeal of a suspension before a designated assistant city manager, the employees’ retirement fund board, or the police and fire pension board, whichever is applicable, the following procedures apply in addition to those prescribed in Subsection (f)(4) of this section, except that the employees’ retirement fund board and the police and fire pension board may adopt procedures in lieu of those set forth in this subsection to be followed in hearings before their boards:
(1) At the hearing, the assistant city manager, the employees’ retirement fund board, or the police and fire pension board, whichever is applicable, shall hear witnesses on behalf of the employee and the city and shall allow the introduction of documentary evidence.
(2) In accordance with Section 18, Chapter III of the city charter, the assistant city manager, the employees’ retirement fund board, and the police and fire pension board are granted the power to compel the attendance of witnesses and the production of testimony and evidence, administer oaths, and punish for contempt in the same manner as provided by law for judges of the municipal court. At the request of an appealing employee or the city, the assistant city manager, the chair of the employees’ retirement fund board, or the chair of the police and fire pension board, whichever is applicable, shall issue subpoenas for the attendance of witnesses and the production of records at the hearing.
(3) The city or the appealing employee must deliver a written request for a subpoena to the assistant city manager, the chair of the employees’ retirement fund board, or the chair of the police and fire pension board, whichever is applicable, at least 10 working days before the hearing. The request for a subpoena must contain:
(A) the name of the witness;
(B) the address of the witness;
(C) if the witness is a city employee, the name of the employee’s department; and
(D) the specific identification of books, papers, documents, or other tangible things sought to be subpoenaed.
(4) The party requesting a subpoena shall notify the subpoenaed witness of postponements, rescheduling, and appearance times.
(5) A subpoena for an active city employee may be served through the director of the employee's department. The assistant city manager assigned to the appeal hearing should forward subpoenas for non-city employees to the Dallas City Marshal for service on the witness. A witness served with a subpoena who fails to appear at the hearing or fails to produce requested evidence may be punished for contempt.
(6) The disposition of a suspension appeal by the assistant city manager, the employees’ retirement fund board, or the police and fire pension board, whichever is applicable, is nonappealable.
(i) Final decision.
(1) The disposition of a grievance or an appeal by the assistant city manager, city manager, employees' retirement fund board, secretary of the civil service board, city auditor, or city secretary is nonappealable, except when the grievance or appeal involved a:
(A) claim of discrimination because of an employee's race, color, age, religion, sex, sexual orientation, gender identity and expression, genetic characteristics, national origin, disability, or military or veteran status as it affects the employee's training, promotion, advancement, or transfer, which may be appealed to the civil service board;
(B) civil service rule challenge, which may be appealed to the civil service board; or
(C) demotion or discharge, which may be appealed to the trial board or an administrative law judge, unless provided otherwise in the city charter.
(2) The disposition of a grievance or an appeal by the police and fire pension board is nonappealable, except when the grievance or appeal involved:
(A) a claim of discrimination because of an employee’s race, color, age, religion, sex, sexual orientation, gender identity and expression, genetic characteristics, national origin, disability, or military or veteran status as it affects the employee’s training, promotion, advancement, or transfer, which may be appealed to the civil service board; or
(B) a civil service rule challenge, which may be appealed to the civil service board.
(j) Nothing in this section conveys upon, implies, or intends to imply that an employee has a property interest in continued employment or a contract of employment with the city based on any right to grieve or appeal provided by this section or on the nondiscrimination policy stated in Section 34-35 of this chapter. Nothing in this section or in the nondiscrimination policy creates any right or remedy under any law or limits any existing right or remedy provided under any law.
(k) For purposes of this section only, a reference to an assistant city manager also refers to a non-sworn managerial chief designated by the city manager, including, without limitation, deputy city manager, chief of economic development and housing, chief of community services, chief financial officer, and chief of staff to the city manager. (Ord. Nos. 19340; 19562; 21674; 22026; 22195; 22296; 22318; 24873; 24930; 25389; 26182; 26693; 28024; 29480; 30657; 31745; 32604)