(A) Definition. As used in this section, a “GRIEVANCE” is the dissatisfaction which an employee feels when he believes that he has not been treated fairly concerning his hours of work, vacation, holiday eligibility, and other terms and conditions of employment, except for salaries and salary increases. “GRIEVANCE HEARING OFFICER” is any hearing officer serving as a part of the City’s Administrative Adjudication System.
(B) Grievance hearing officer appointed. A hearing officer shall be appointed by the Mayor for the purpose of conducting a grievance procedure hearing.
(C) Human Resources Manager’s role. In addition to serving as secretary during the grievance hearing procedure, the City’s Human Resources Manager shall maintain records of all grievances filed by employees, as well as a record of all responses and actions taken for each separate grievance. In this regard, the aggrieved employee, his supervisor and/or department head shall keep the Human Resources Manager informed of each step and each action by providing copies of written documents or a memorandum of information as appropriate.
(D) Procedure. An internal grievance procedure shall be established as outlined herein for the purposes of allowing each grievance to be heard adequately, and so that decisions can be based on the facts and circumstances of each individual case.
(1) Employees who have a grievance arising out of their employment have the right to have their grievance heard. A grievance must be submitted in writing, signed by the employee, and presented personally or through an authorized representative to the employee’s immediate supervisor within ten calendar days of the event which has caused the grievance to be filed. Failure to do so automatically abandons the grievance. The supervisor will make every effort to resolve the grievance at this level. The supervisor’s reply must be in writing, and returned to the employee within three working days after receipt of the grievance.
(2) If settlement is not resolved at the supervisory level, the aggrieved employee may carry it to his department head within five working days from the receipt of the supervisor’s decision. The department head must submit a written reply within three working days after receipt of the grievance.
(3) If settlement is not reached at the department head level, the grievance may be carried to the mayor within five working days from receipt of the department head’s decision. The mayor shall advise the employee of his decision in the matter in writing within five working days. If the employee is not satisfied with the mayor’s response, the matter may be referred within five working days to the City’s Human Resources Manager with the request to schedule the matter before the grievance hearing officer. The hearing officer shall hear all sides of the case and make its determination within five working days after the hearing at which the review of the matter has been completed, unless a postponement is agreed to by the City and the employee. The determination of the hearing officer shall be final. The employee shall be notified of the hearing officer’s determination within three working days after the decision is made.
(4) Throughout the procedure, each party shall provide the City’s Human Resources Manager with copies of the grievance and all related correspondence. The City’s Human Resources Manager shall provide technical assistance throughout the process and shall refrain from rendering any decision reserved to the supervisor, department head, or mayor.
(5) In any case, employees shall be assured freedom from restraint, interference, discrimination, and reprisal arising from any grievance presented.
(E) Grievance procedure not applicable to union employees. The grievance procedure provided in this section shall not apply to any employee who is a member of a collective bargaining unit which has a contract with the City containing a different grievance procedure.
(F) Discrimination follow-up. Any employee who feels that he has been discriminated against because of age, race, color, sex, religion, marital status, sexual orientation or national origin may seek the assistance of the City’s Human Relations Commission in settling his grievance.
(Ord. 6638, passed 3-6-79; Am. Ord. 7307, passed 3-l-88; Am. Ord. 8570, passed 2-5-08)