Any employee who believes he or she has been adversely affected by an act or decision of the supervisory or managerial personnel of the city and that such act or decision was based on race, color, sex, age, religion, national origin, or handicapped condition shall have the right to process a complaint or grievance in accordance with the following procedure.
(A) Employees.
(1) Step one.
(a) Informal. An aggrieved employee and the immediate supervisor shall discuss the claim with the objective of resolving the matter informally.
(b) Formal. If the grievance is not adjusted informally, both the aggrieved employee and the supervisor shall meet with the head of the department as soon as practicable. The employee and the supervisor shall each present the claim which shall be reduced to writing by the department head and initialed by the employee and the supervisor. The department head shall make a decision on the grievance immediately and the decision shall be reduced to writing within two days thereafter and a copy furnished the employee and the supervisor.
(2) Step two. If the aggrieved employee is not satisfied with the decision of the department head, the grievance shall be submitted to the Chief Executive Officer within five working days after the decision. The employee shall notify the Chief Executive Officer of the intent to be heard on the grievance and the Chief Executive Officer shall immediately set a time for the hearing and notify the employee and department head. The employee may present any witnesses desired and may be represented by any person of his or her choosing at the hearing. The Chief Executive Officer shall render a written decision on the grievance within ten days after the hearing.
(3) Step three. An aggrieved employee who is not satisfied with the written decision of the Chief Executive Officer may appeal the decision to the City Council or other designated agency at either of the next two regular meetings following the decision or at any special meeting called for that purpose. The appeal shall be in writing with a list of witnesses to be called and filed with the Clerk of the agency not less than 72 hours prior to the meeting. The agency shall require the attendance and testimony of any employees listed and shall hear the testimony of any employees listed and shall hear the testimony of the employee, the Chief Executive Officer, and any witnesses presented. The agency shall issue a written decision on the appeal within 15 days and the decision shall be final.
(B) Nonemployees. Any prospective employee or applicant for employment who is denied employment with the city and believes that denial was based in whole or in part on the race, religion, sex, or physical condition of the applicant, he or she may file a written complaint with the Chief Executive Officer who shall make every effort to resolve the matter impartially and expeditiously. The appeal procedure of step three in division (A)(3) above is also available to such grievant.
(1995 Code, § 39.34) (Res. passed 10-24-1977)