(A) It is inevitable that misunderstandings and differences will arise when employees of the city are working together on a day-to-day basis. To ensure that employees have a formal process through which to resolve their problems, the following grievance procedure is hereby established.
(1) Step 1.
(a) The employee will submit a written grievance to his or her department head within three working days of the occurrence of the action giving rise to the grievance. The grievance must be signed and dated by the employee.
(b) The employee’s immediate supervisor shall meet with the employee and make every effort to resolve the grievance within three working days of the date of the grievance.
(c) The department head will respond, in writing, to the employee within three working days of the immediate supervisor’s informal review, outlining his or her decision regarding the requested remedy.
(2) Step 2.
(a) If the grievance is not resolved through the Step 1 intervention, a written appeal shall be prepared in detail, dated, and signed by the employee, and presented to the Board or such other appropriate board deemed appropriate by the department head. The written appeal shall be delivered within three working days after the receipt of the department head’s reply from step 1.
(b) Upon receipt of the written appeal and a copy of the department head’s response, the Board or such other appropriate board shall attempt to resolve the grievance in writing within five working days of the date of presentation of the written grievance.
(3) Step 3. A hearing may be held before the Board or such other appropriate board if requested by the employee. The employee and department head shall appear at such hearing, along with any other persons having relevant information pertaining to the grievance. A detailed investigation will follow such hearing, and thereafter the Board shall issue a final decision within ten working days of the date of the hearing. The decision of the board conducting the hearing will be final and binding upon the employee and the department.
(B) The time limits set forth in the procedures contained herein may be extended by mutual written agreement of the parties due to extenuating circumstances.
(C) A grievance shall be considered resolved if, at any point during the three step process, the employee who filed the grievance withdraws his or her grievance, in writing, or fails to prosecute the grievance in accordance with the time limits set forth herein. Any grievance not answered by the department head shall be deemed to be a denial of the relief requested, and may be advanced to the next step by the employee who filed the grievance.