Before initiating a formal written grievance under §§ 33.20 through 33.26, any employee shall within five working days of the incident giving rise to the grievance, orally raise the grievance with his or her immediate supervisor or department head through free and informal discussion in order to resolve as many matters as possible. The supervisor or department head shall have three working days in which to respond to the grievance. In the event that any such grievance cannot be satisfactorily settled or resolved through this informal means, or an answer is not given within the time specified, such grievance shall be processed in the following manner:
Step 1. Any affected employee shall present such grievance in writing on a standard grievance form provided by the city for such purpose stating the facts of the complaint to his or her department head within 12 working days after the first occurrence of the event giving rise to the grievance or 12 working days after such affected employee through the use of reasonable diligence should have known of the first occurrence of the event giving rise to such grievance. The department head shall then attempt to adjust such grievance and shall render a written response to the grievant within five working days after such grievance is presented; except that a meeting may be held at the request of either party to review the grievance at this step and said meeting shall be within ten calendar days after such grievance is presented. The department head shall have five working days from the date of the meeting to respond in writing to the grievance in the event a meeting is held.
Step 2. If such grievance is not satisfactorily settled under Step 1 or an answer is not given in the time specified and the grievant desires to appeal such grievance to Step 2, the grievant shall present such grievance in writing to the committee chairperson of the appropriate committee of the City Council within five working days after receipt of the department head's response in Step 1, or within five working days of the time when such response would have been due. The committee chairperson shall investigate such grievance and, in the course of such investigation may, within ten calendar days from receipt of such grievance at Step 2, offer to discuss such grievance at a meeting with the grievant. The grievant may, in writing, request a meeting with the committee chairperson, and if requested the meeting shall be held within ten calendar days from the receipt of the request by the committee chairperson. If no settlement of such grievance is reached, the committee chairperson shall provide a written response to the grievant within ten calendar days following the receipt of the grievance or following the date of the meeting with the grievant, whichever is later.
Step 3. If such grievance is not satisfactorily settled under Step 2 or an answer is not given in the time specified and the grievant desires to appeal such grievance to Step 3, the grievant shall present such grievance in writing to the Mayor within five working days after receipt of the committee chairperson's response in Step 2, or within five working days of the time when such response would have been due. The Mayor shall investigate such grievance and, in the course of such investigation may, within ten calendar days from receipt of such grievance at Step 3, offer to discuss such grievance at a meeting with the grievant. The grievant may, in writing, request a meeting with the Mayor, and if requested the meeting shall be held within ten calendar days from the receipt of the request by the Mayor. If no settlement of such grievance is reached, the Mayor shall provide a written response to the grievant within ten calendar days following the receipt of the grievance or following the date of the meeting with the grievant, whichever is later.
Step 4. If such grievance is not settled under Step 3 and the grievant desires to appeal such grievance to Step 4, the grievant shall present such grievance in writing to the City Clerk of the City Council within seven calendar days after the receipt of the Mayor's response in Step 3 or within seven calendar days of the time when such response would have been due. Thereafter, the members of the City Council, the Mayor and the department head shall meet with the grievant to discuss such grievance. The meeting date and time shall be set and announced at the first regularly scheduled meeting of the City Council after receipt of the grievance, which date shall be within 15 days of the date of said regularly scheduled City Council meeting. The City Council shall provide a written decision to the grievant within ten calendar days following the date of the meeting with the grievant. The written decision of the City Council shall be final. Only a quorum of the members of the City Council shall be required in order to proceed with the meeting provided in this Step 4.
(Ord. 06-20, passed 6-12-06)