(A) The city shall promptly consider and equitably adjudicate employee grievances relating to employment conditions and relationships. Furthermore, the city desires to adjudicate the causes of grievances informally. Supervisors and employees are expected to resolve problems as they arise.
(B) The following steps shall be followed in submitting and processing a grievance.
(1) Step 1. The aggrieved employee or group of employees shall orally present the grievance to the immediate supervisor within five working days of its occurrence, not including the day of occurrence. The supervisor shall give an oral reply within three working days of the date of presentation of the grievance, not including the date of presentation.
(2) Step 2. If the grievance is not settled in Step 1, it shall be written in detail, shall be reduced to writing, dated and signed by the aggrieved employee or group of employees and shall be presented to the supervisor within five working days after the supervisor’s oral reply is given, not including the day the answer is given. The supervisor shall reply in writing to the grievance within five working days of the date of the presentation of the written grievance, not including the day of presentation.
(3) Step 3. If the grievance is not settled in Step 2, the written grievance shall be presented along with all pertinent data accumulated to date to the City Council within five working days after the supervisors response is given, not including the day the response is given. The City Council shall meet with the aggrieved employee or group of employees and the immediate supervisory personnel. The City Council shall reply to the grievance in writing within five working days of the presentation of the written grievance. The decision of the City Council shall be final and binding on the employee or group of employees.
(C) If the grievance procedures are not initiated within the time limits established by this section, the grievance shall be considered not to have existed.
(D) Any grievance not taken to the next step of the grievance procedure shall be considered settled on the basis of the last reply made and received in accordance with the provisions of this section.
(E) If the city fails to meet or answer any grievance within the time limits prescribed for such action by this section, such grievance shall automatically advance to the next step. If the city fails to meet or answer any grievance on the last step of the grievance procedure within the time limits prescribed for such action by this section, it shall be deemed that the city has considered the grievance to be in favor of the aggrieved employee or group of employees and shall resolve the matter accordingly.
(F) The time limits prescribed in this section for the initiation and completion of the steps of the grievance procedure may be extended by mutual consent of the parties so involved. Likewise, any step in the grievance procedure may be eliminated by mutual consent. Mutual consent shall be indicated in writing and shall be signed by all parties involved.
(G) No employee shall be disciplined or discriminated against in any way because of the employee’s proper use of the grievance procedure.
(Res. 2010-23, passed 11-4-2010)