(a) If, at any time, any member of the division of fire and emergency services or division of police considers himself aggrieved (hereinafter "aggrieved member") by another urban county government officer or employee's alleged abuse of discretion in his treatment of the former (hereinafter "accused employee"), the aggrieved member may seek to rectify the situation through the following grievance procedure:
(1) The aggrieved member shall orally discuss his grievance with the accused employee or with the individual designated by his chief to handle grievances within ten (10) working days of the event or occurrence giving rise to the grievance. Every effort shall be made to reach a satisfactory settlement by informal adjustment. If the grievance is not settled in the initial discussion, the aggrieved member may in writing, on the form designated by the chief administrative officer, formally present the grievance to the accused employee within five (5) working days after receiving the accused employee's oral answer. The written grievance shall set forth the nature of the alleged wrong, the date of the occurrence, and the remedy sought. An employee who is presented with a written grievance shall give his written answer to the aggrieved member within five (5) working days after receiving the grievance. If the grievance is not resolved at this stage, a copy of the grievance may be referred by the aggrieved member in writing within five (5) working days after receipt of the accused employee's answer to his chief.
(2) Upon receipt of the written grievance, the chief shall notify the commissioner of public safety of the grievance. The aggrieved member's chief or his designated representative shall discuss the grievance with the aggrieved member within ten (10) working days after receiving the appeal. If no settlement is reached at this meeting, the chief or his designated representative shall give a written answer to the member within ten (10) working days following the meeting; however, this answer shall receive the prior written approval of the commissioner of public safety. If the grievance is not settled at this stage of the proceedings, the aggrieved member may refer the written grievance to the chief administrative officer within ten (10) working days after receipt of the answer from the chief or his designated representative.
(3) The chief administrative officer or his designated representative shall discuss the grievance with the aggrieved member within ten (10) calendar days after receiving the appeal at a time and place designated by the chief administrative officer or his representative. The chief administrative officer's decision is final and shall be placed in writing within five (5) working days from the date of the meeting. A copy shall be sent to both the aggrieved member and accused employee and the appropriate supervisors. If the accused employee is found to have abused his discretion, appropriate action will be taken to correct the error.
(b) The provisions of this section shall apply to all members of the division of fire and emergency services and division of police below the level of chief. However, probationary police officers and fire fighters shall have the right to appeal any grievances only through the second stage of this procedure, and in no case shall they have the right of appeal to the chief administrative officer.
(c) If at any time in this procedure the time limit imposed on the appropriate employee or supervisor is exceeded, the aggrieved member may automatically appeal to the next level.
(Ord. No. 135-82, § 1, 7-29-82; Ord. No. 155-87, § 1, 7-9-87)