(A) General scope; time limitation.
(1) Any employee of the city may utilize this grievance procedure when alleging that there has been a violation.
(2) This grievance procedure is to be used by the employee who may have a complaint in connection with his or her employment situation which is due to discrimination on the basis of political affiliation, race, color, national origin, age, sex, religion or handicap.
(3) An employee may file directly with the Department of Labor, Equal Employment Opportunity Commission or the Indiana Civil Rights Commission if he or she believes he or she has been discriminated against on the basis of race, color or national origin.
(B) Preliminary hearing. If an employee feels he or she has a grievance, then the employee shall request a meeting with the department head or with the EEO Officer for discussion and assistance. If, as a result of this preliminary meeting, the employee wishes or has been advised to file a grievance complaint, the department head or EEO Officer shall assist in preparing a written complaint, as requested by the employee. The written complaint shall be filed at the office of the EEO Officer to institute the grievance procedure.
(C) Informal hearing.
(1) A conference shall be scheduled and must take place within 30 days from the date a grievance is filed. The purpose of the conference will be to resolve the grievance complaint to the mutual satisfaction of all parties. A written record of this conference shall be made and a copy thereof provided to any party upon request.
(2) When the complaint involves discrimination, an investigation of the circumstances described in the grievance complaint shall be conducted prior to the conference, and a written report of the findings shall be made and presented to all parties. The investigation shall be conducted by the EEO Officer.
(3) If a satisfactory resolution cannot be achieved, the complainant shall have the right to a formal hearing.
(D) Formal hearing.
(1) A request for formal hearing by the complainant shall be in writing and must be delivered to the city’s EEO Officer within 10 days of the date of conclusion of the informal hearing.
(2) A formal hearing may be before the Civil Rights Commission or an impartial hearing officer. If the complainant initially selects a hearing before the Civil Rights Commission in his or her request for formal hearing, the EEO Director shall forward the request for hearing to the Civil Rights Commission for action. If the Civil Rights Commission refuses to conduct a formal hearing, the complainant may request a hearing by an impartial hearing officer by delivering a written request for hearing to the EEO Director within 10 days of receiving notice of the Civil Rights Commission’s refusal to hold a hearing.
(3) The impartial hearing officer will be an attorney selected by mutual agreement of the complainant and the department head of the department out of which the complaint arose. In the event the complainant and the department head are unable to agree on an impartial hearing officer within 5 days of the date for request for formal hearing, the request for hearing shall be forwarded by the EEO Director to the Civil Rights Commission for action. The refusal of the Civil Rights Commission to conduct a hearing under these circumstances shall terminate the employee’s right to a hearing by an impartial hearing officer.
(4) The impartial hearing officer shall schedule and conduct a formal hearing within 30 days but not less than 10 days after the delivery of request for formal hearing by the complainant. Whether a case is to be presented to the Civil Rights Commission or to the impartial hearing officer, all parties shall have the right to representation by counsel, and may call witnesses and present other documentation as part of their case.
(5) A written decision of the impartial hearing officer shall be provided to all parties within 30 days of the date of formal hearing.
(6) The complainant may appeal the decision of the impartial hearing officer to the Equal Employment Opportunity Commission, the Indiana Civil Rights Commission or any other such agency.
(1979 Code, § 37.23) (Ord. 3262, passed 12-9-1980; Am. Ord. 3395, passed 5-17-1982)