A classified, regular employee of the city who feels aggrieved by the action of their supervisor in the administration of discipline, may appeal such disciplinary action according to the step(s) set forth in Table 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. Note that the level of discipline being appealed determines the initial step of the appeal process. The intent of the Charter is clear as to the role of Council in disciplinary matters. The City Manager shall discipline employees in the classified and unclassified service and the Personnel Board of Review 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/Highest Level of Appeal
|
Informal (oral) reprimand | None |
Formal (written) reprimand | (1) Division and/or Department Head |
Suspension from duty without pay for 3 or less working days | (1) Deputy City Manager and/or Assistant City Manager, then (2) Director of HR |
Suspension from duty without pay for 4-5 working days | (3) City Manager or designee |
Suspension from duty without pay for 6 or more working days, demotion in rank or reduction in salary, or dismissal | (3) City Manager or designee, then (4) Personnel Board of Review |
Appeal Steps
(1) Division and/or department head hearing. The aggrieved classified employee may present a written statement of their grievance to the department/division head. If the grievance is with the division head, it would be submitted to the department head. This written statement shall be presented within five business days of the effective date of the disciplinary action being appealed and shall ask for a review and modification or reversal of the action. If such request is not made within five business days, the matter shall be closed. The division or department head shall schedule a hearing within ten business days of the request and then issue a written response within five business days of the hearing. Prior to such hearing the division or department head 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 the employee's choosing, and will be permitted to present witnesses. The supervisor or division head imposing the discipline shall present the facts and circumstances upon which the disciplinary action was taken. If the grievance arose from a disciplinary action from a department head, then the grievant may progress directly to Step (2), if allowed per Table I above. In cases where a department head does not exist in the supervisory chain, the Director of Human Resources shall conduct the Step (1) hearing.
(2) Director of Human Resources hearing. If a grievance is not resolved to the satisfaction of the employee by the department head addressed under Step (1) and the disciplinary action being appealed is allowed to proceed to Step (2), per Table I, the employee may, within five business days of receipt of the Step (1) response by the department head, request in writing, a review hearing by the Director of Human Resources. If such request is not made within five business days, the matter shall be closed. The Director of Human Resources shall hold a hearing within ten business days of the receipt of such written statement. Prior to such hearing the Director of Human Resources 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 the employee's choosing, and will be permitted to present witnesses. The supervisor and/or department/division head imposing the disciplinary action shall present the facts and circumstances upon which the disciplinary action was taken. The employee's personnel file shall be made available for review prior to the hearing upon written request to the Director of Human Resources. The Director of Human Resources, 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 Director of Human Resources shall make a good faith effort to notify the employee prior to making any public statement. The written decision of the Director of Human Resources hearing a grievance at Step (2) shall be final.
(3) City Manager hearing. The appeal process shall only be allowed to proceed to the City Manager if the disciplinary action(s) being appealed consist of a suspension of greater than three days or more or a dismissal from employment with the city. The employee may request a hearing with the City Manager in writing within five business days of the effective date of the disciplinary action being appealed and shall ask for a review and modification or reversal of the action by the City Manager. If such request is not made within five business days, the matter shall be closed. Otherwise, the hearing shall occur within a reasonable amount of time. 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 the employee's choosing and will be permitted to present witnesses. The department/division shall present the facts and circumstances upon which the disciplinary action was taken. The employee's personnel file shall be made available for review prior to the hearing upon written request to the Director of Human Resources. 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 Personnel Board of Review.
(4) Personnel Board of Review Hearing. The Charter provides for a three member Personnel Board of Review. Such Board is to be appointed by Council for terms as specified in Article VII, Section 7.01(B) of the Charter. The Personnel Board of Review shall conduct its proceedings in accordance with the resolutions of Council enacted pursuant to the Charter and the Board's rules and regulations adopted by it pursuant to authority granted by Council resolution. An aggrieved classified employee may request in writing a hearing before the Personnel Board of Review. Such request must be submitted within five business 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 Personnel Board of Review. The decision of the Personnel Board of Review is final.
('80 Code, § 163.25(e)) (Amendment effective 1-1-22; Am. Res. 81-23, passed 11-13-23)