(A)   A grievance is a complaint, a view, or an opinion pertaining to employment conditions or employee relationships which causes disagreement between employees and their supervisors. The following grievance procedure is provided to cover presentation and adjustment of disagreements, and to assure employees that their grievances will be considered in a fair and rapid manner, and without reprisal. The purpose of this grievance procedure is to determine what is right, rather than who is right. Employees should first discuss their problem or complaint with their immediate supervisor or with the Personnel Director. In many cases a satisfactory solution or agreement may be reached without the necessity of a formal grievance presentation. The Charter and these rules grant to regular employees the right to have reviewed by the Employees' Board of Appeals action leading to removal, suspension over three days, or demotion of the employee. It is not intended that the grievance procedure herein set out conflict with, supersede, or in any way jeopardize this right. Rather, it is expected that this procedure will apply to prevent problems, complaints, or disputes from becoming so serious as to necessitate a personnel action subject to Employees' Board of Appeals review.
('58 Code, § 11.97)
   (B)   The employee shall first present his grievance, in writing, to his immediate supervisor. Supervisors are encouraged to consult with their department head, the Personnel Director, or any other individual who may be qualified to offer assistance or information which will aid the supervisor to reach a mutually satisfactory decision. The supervisor shall furnish the employee with his decision on the matter, in writing, within three working days.
      (1)   If the grievance is not resolved by the immediate supervisor to the satisfaction of the employee, or if a decision is not made by the supervisor within three working days, the grievance may be submitted in writing by the employee to his department head. A duplicate copy should be sent by the employee to the Personnel Director, who shall review the grievance and within five working days, notify the employee and his department head whether the grievance is subject to established ordinances, administrative regulations, or these rules. Upon receipt of notice from the Personnel Director that the grievance is not subject to established ordinances, regulations, or rules, the department head shall then have the responsibility for settling the grievance and shall inform the employee in writing of his decision within five working days. Grievances which are subject to Charter, ordinance, administrative regulation, or these rules shall be handled as provided therein.
      (2)   If the disposition of the grievance by the department head is not satisfactory to the employee or if a decision is not made within five working days, the employee may, in writing, request his department head to refer his grievance to the City Manager. All such requests will be forwarded to the City Manager by the department head within five working days. The request must be filed by the employee within five working days after receipt of the department head's decision, and in any case, not later than ten working days after he sent the original request to the department head. A copy of his request for review by the City Manager shall be sent by the employee to the Personnel Director.
      (3)   The City Manager, upon being notified by the department head of an appeal may affirm, deny, or modify the decision of the department head, or he may refer the appeal to the Personnel Director for submission to a grievance committee. In the event the department head has reached no decision within the allotted five working days, the City Manager may decide the case himself or refer the matter to the Personnel Director for submission to a grievance committee. The City Manager will act upon an appeal within ten working days.
      (4)   When the Personnel Director is so notified by the City Manager, he shall assemble a grievance committee within ten days following receipt of the notice. A grievance committee shall be composed of three members. One member shall be the employee or his representative, one member shall be the department head or his representative, and the third member, who shall serve as chairman, shall be selected and mutually agreed upon by the first two. If an agreement cannot be reached, the Personnel Director shall appoint the third member. The chairman of the grievance committee shall schedule a hearing to be held within 15 days, at a suitable time and place, and shall notify his committee members, the employee, the department head, and the Personnel Director.
      (5)   Within ten days following the conclusion of the hearing, the grievance committee shall supply the City Manager with four copies of its report and recommendation which has been approved by a majority of the committee. Upon receipt of the committee's report and recommendations, the City Manager shall, within 15 working days, put in writing the course of action he intends to follow and shall forward one copy of his decision and one copy of the committee's report and recommendations to the department head; one copy of each to the employee; and one copy of each to the Personnel Director. The fourth copy shall be retained by the City Manager. The decision of the City Manager, following consideration of the report and recommendations of the grievance committee, shall be final, and the employee shall have no further right of appeal.
('58 Code, § 11.97.1)
(Ord. 69-85, passed 9-9-69)