§ 34.142 COMPLAINT PROCEDURES.
   (A)   The city recognizes that sometimes situations arise in which an employee feels that they have not been treated fairly or in accordance with city rules and procedures. For this reason, the city provides its employees with procedures for resolving complaints.
   (B)   (1)   Step 1. An employee should first try to resolve any problem or complaint with the supervisor.
      (2)   Step 2. When normal communication between an employee and the supervisor is not successful, if the employee does not believe the issue can be discussed with his or her supervisor, or when an employee disagrees with the application of city policies and procedures, the employee should attempt to resolve the problem with the department head. The department head will respond to the employee in writing within five days after meeting with the employee, if possible.
      (3)   Step 3. If the employee is not satisfied with the response from the department head, the employee may submit the problem, in writing, to the City Manager. The written complaint must contain, at a minimum:
         (a)   A description of the problem;
         (b)   A specific policy or procedure which the employee believes has been violated or misapplied;
         (c)   The date of the circumstances leading to the complaint or the date when the employee first became aware of those circumstances;
         (d)   The remedy sought by the employee to resolve the complaint; and
         (e)   The written complaint should be filed within ten working days of the occurrence leading to the complaint, or ten working days after the employee becomes aware of the circumstances.
      (4)   The City Manager may meet with the parties, either individually or together, and the City Manager will respond in writing to the aggrieved employee, usually within ten days of the meeting. The City Manager’s response and decision shall be final and binding.
      (5)   Certain employees may have more than one source of dispute resolution rights (i.e., a collective bargaining agreement, if any) and this complaint process. Employees represented by a bargaining unit should follow grievance procedures set out in their respective labor contracts where applicable. In all other cases, the procedures described in this section shall be used. Under no circumstances shall an employee have the right to utilize both this process and any other complaint or appeal procedure that may be available to an employee.
(Ord. 2619, passed 7-8-2003)