(a) Employee Discussion
In the interest of sound and harmonious employee relations, a discussion process may be established whereby, upon request by the City or employee, employees may meet and confer with members of the appointing authority (city manager, city finance director or city law director) as may be appropriate, to discuss work related issues and matters as governed by this Code.
Limitations
Such discussions are not intended, nor are they in any way to be interpreted or otherwise construed, to effect changes or revisions in this Code, but are solely intended for the purpose of discussing general information of interest to the City and its employees in accordance with the provision of this chapter. Neither the City nor its employees shall be obligated to act upon any issue or matter raised during such discussions.
(b) Purpose of Meetings
The purpose of such meetings shall be limited to:
• Discuss the administration of this Code.
• Notify employees of changes made by the City which affect employees.
• Discuss matters of potential grievances which have not been filed.
• Disseminate general information of interest to the City and employees.
• Give employees the opportunity to share the view of employees and/or make suggestions on subjects of interest to such employees.
• Discuss ways to increase productivity and improve efficiency.
• Consider and discuss health and safety matters relating to such employees.
(c) Exit Interviews
When requested in writing, upon any employee's resignation or retirement, he/she shall be afforded the opportunity for an interview with the appointing authority and/or his/her designee. The purpose of this interview shall be to allow the employee to express reasons for resignation and/or his/her views on the operation of his/her department.
(d) Grievance Procedure
(1) Applicability and Overview
This Section is not applicable to those persons or positions defined as the appointing authority or other unclassified employees.
It is the intent of the City that this grievance procedure be the sole and exclusive grievance and appeal procedure for classified employees, and any other grievance and appeal procedures shall not be applicable.
Grievances and appeals related to disciplinary matters shall be handled in accordance with the herein established grievance procedures. This Section is limited to grievances related to all other issues regarding wages, benefits, and terms and conditions of employment, excluding disciplinary action(s).
(2) Information Required in Grievances
All grievances must contain the following information to be considered and must be filed using the grievance form:
• Aggrieved employee's name and signature.
• Aggrieved employee's classification.
• Date grievance was filed in writing.
• Date and time grievance occurred.
• Where grievance occurred.
• Description of incident giving rise to the grievance.
• Articles and sections of law or policies violated.
• Description of actions that will resolve the grievance.
(3) Limitations
All grievances must be processed at the proper step in the progression in order to be considered at the subsequent steps. An inadequacy of the grievance form may be corrected and resubmitted so long as done within five (5) calendar days from date of return.
Such employee may withdraw a grievance at any point by submitting in writing a statement to that effect, or by permitting the time requirements at any step to lapse without further appeal.
The time limits provided for herein shall be strictly adhered to. Any grievance not initially submitted or appealed to the next step within the specified time limits shall be deemed invalid or resolved based upon the City's last answer, as the case may be (an untimely grievance is void and an untimely appealed grievance is resolved based on the last answer); provided however, that any grievance not answered by the City within the stipulated time limits may be advanced by the employee to the next step in the grievance procedure. All time limits on grievances may be extended upon mutual consent of the City and employee affected.
If an emergency occurs, rights of grievance under this Code may be suspended. Upon the termination of any emergency should valid grievances exist, they shall be processed in accordance with the provisions outlined in the grievance procedure of this Code and shall proceed from the point in the grievance procedure to which they (the grievances) had properly progressed, prior to the emergency.
(4) Method of Processing Grievances
The following procedure shall be followed:
A. Step 1 - Review by Immediate Supervisor
In order for a grievance to receive consideration under this procedure, the grievant must identify the grievance to the employee's immediate supervisor, in writing, within twelve (12) calendar days of the employee having, through the exercise of reasonable diligence, knowledge of the occurrence of the incident giving rise to the grievance. The employee's immediate supervisor shall investigate and provide an appropriate answer within six (6) calendar days following the day on which the employee's immediate supervisor was presented the grievance.
B. Step 2 - Review by Department Head
If the grievance is not resolved in Step 1, and the supervisor is not the department head, then the employee may, within six (6) calendar days of the supervisor's response, take up the grievance with his department head. The department head shall investigate and respond to the grievant within six (6) calendar days after receiving the Step 1 reply.
C. Step 3 - Review by Appointing Authority
Where the grievance is filed with a member of the appointing authority, due to the absence of an immediate supervisor or department head position in that department and is not resolved accordingly, another member of the appointing authority shall be appointed to hear said grievance and render a decision in accordance with the provisions of this Step 3.
(5) Scheduling of Grievance Hearings
Grievance hearings called for in this chapter may be scheduled at the discretion of the department head or appointing authority, whichever is applicable, taking into consideration the grievant's work shift.
(6) Who May Bring Grievance
A grievance may be brought by any employee, except: the appointing authorities, unclassified employees and employees covered by a collective bargaining agreement. Where a group of such employees desire to file a grievance involving a situation affecting each employee in the same manner, one (1) employee selected by such group may process the grievance as a class action grievance, provided each such employee desiring to be included in the class action grievance, signs said grievance and the grievance is filed in a timely manner. For the purpose of this Section timely manner shall be within seven (7) days after notice is received.
(Ord. 035-22. Passed 7-18-22.)