(A) A grievance is an employee's expressed dissatisfaction with something related to his job. Employees and supervisor shall work together to resolve any grievance which arises. Any grievance or dispute which may arise from employment with the city and which has not been resolved informally shall be settled in the following manner:
(1) The employee shall present the grievance to his department head within five working days of its occurrence. The department head shall then attempt to adjust the matter and shall respond to the employee in writing within five working days.
(2) (a) If the grievance remains unadjusted, the employee may then request a hearing in writing before the Mayor within five working days after the response of the department head.
(b) The decision of the Mayor regarding the grievance shall be rendered in writing within five working days of the hearing.
(3) If the grievance remains unresolved, a written grievance appeal may then be presented by the employee to the City Council within five working days of the Mayor's written response.
(4) The City Council shall respond in writing to the party presenting the grievance appeal within five working days from the date of filing of the grievance with the City Council, notifying the date, time and place the hearing will be held.
(5) The City Council may conduct a hearing on all issues involved. The grievant may choose to be represented by legal counsel or other representatives at the hearing. The Mayor and City Council may also be represented by legal counsel or other representatives. Such legal counsel or representatives may examine, cross-examine, question, or present evidence in behalf of the grievant or Mayor and City Council.
(6) A copy of all previous written documents involved in the action shall be attached to the grievance and made a part thereof.
(7) The City Council is responsible for payment of any expenses incurred on behalf of the Mayor or Councilmember for legal counsel or investigation and preparation of evidence or documents for the hearing. The grievant is responsible for the cost of legal counsel or other representation in the preparation or presentation of the case in all or in any part of the proceeding.
(8) The decision of the Council is final.
(B) Any employee who believes that he or she has been subjected to discrimination as prohibited by Section 504 of the Rehabilitation Act of 1973 and other federal and state laws, may personally or by a representative, file a complaint with the Mayor of the city. A person who has not personally been subjected to discrimination may also file a complaint.
(C) When any employee believes he or she has been adversely affected by an act or decision of the city, and that such act or decision was based on handicapped status, he or she shall have the right to process a complaint or grievance in accordance with the following procedure:
(1) Step One. An aggrieved person must submit a written statement to the Mayor setting forth the nature of the discrimination alleged and facts upon which the allegation is based.
(2) Step Two.
(a) The Mayor shall contact the complainant no later than 15 days after receiving the written statement to establish an informal meeting with the objective of resolving the matter informally. However, in no case shall the informal meeting be conducted sooner than five days nor more than 45 days after receiving the written statement.
(b) There shall be prepared a written documentary of the discussions at the informal meeting, which shall be preserved in the records of the City Clerk.
(3) Step Three. Within 15 days of the informal meeting, if no decision has been made by the Mayor or the decision of the Mayor does not satisfy the complainant, he or she may request a hearing with the City Council by submitting a written request to the City Clerk.
(4) Step Four.
(a) In thus discussing the grievance, the complainant may designate any person of his choice to appear with him and participate in the discussion. The City Council shall require the Mayor to participate in the discussion of the grievance, when it is brought before the City Council. The City Council shall issue a written decision on the matter within 15 days, and the decision shall be the final procedure for the complainant at the local level.
(b) There shall be prepared a written documentary of the discussion at the hearing, which shall be preserved in the records of the city.
(Ord. 91-005, passed 5-14-91)
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