(A) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
GRIEVANCE. A formal written complaint of an employee covered by the provisions of this chapter concerning any actions taken by superiors which result in loss of pay or written reprimand. A GRIEVANCE must be current; that is, concerning matters having taken place no later than 5 calendar days prior to filing of the GRIEVANCE.
(B) Employee performance evaluations, transfers, and layoffs are not appealable to the Board.
(C) In processing a grievance, the following procedure shall apply.
(1) Informal resolution. An aggrieved employee shall contact either orally or in writing the superior who has taken the action causing the grievance and state his or her reasons for objecting to the action taken. The parties involved shall recognize that the grievances should be settled promptly and as close to their source as possible. Both parties should present all facts relating to the grievance at this step in order that an equitable solution may be achieved.
(2) Formal grievance.
(a) Step 1. If the grievance is not resolved by informal resolution, the employee and supervisor shall meet with the respective department head. The department head shall render a decision in writing upholding, modifying, or nullifying the action of the supervisor within 24 hours of the good faith effort.
(b) Step 2. If the grievance is not resolved in Step 1, the aggrieved employee may file the grievance with the City Manager within 5 calendar days following the Step 1 decision. At this point, all grievances must be reduced to writing and signed by the complainant before submitting to the City Manager. At this point, all facts regarding the discussion in Step 1 should be presented. Also, the person charged should present his or her facts in writing. Within 5 calendar days following receipt of the grievance, the City Manager shall approve, disapprove and nullify, or modify the action causing the grievance and notify the aggrieved employee in writing of his or her decision.
(c) Step 3. Nonprobationary and nontemporary employees may appeal the decision of the City Manager to the Board by giving written notice to its Chairperson within 5 calendar days from receipt of the City Manager’s decision.
(3) Appeals. All appeals to the Board must bear the employee’s signature and date. All notice of appeals to the Board must contain the following:
(a) The name and address of the employee making the appeal;
(b) Copy of grievance filed to City Manager and copy of the decision from which the appeal is taken;
(c) Date on which the decision from which the appeal is taken was received;
(d) Names and addresses of any other parties, including legal counsel, who will be appearing for the grievant or as witnesses (specify purpose, e.g. witness, legal counsel, and the like);
(e) Brief reference to the provision of this chapter or City Personnel Board rules relied upon in making the appeal; and
(f) If the grievant desires a closed hearing or an open hearing.
(4) Hearing notice. Within 10 calendar days from receipt by the Chairperson of a notice of appeal, the Board shall hold a public hearing to consider the grievance, unless the aggrieved employee requests that the hearing be closed to the public. Written notice of the public hearing shall be given to the aggrieved employee, his or her superior, and the City Manager. For good cause and by mutual consent, the time periods specified above may be extended in writing.
(5) Hearings.
(a) Power of Board. The Board has the power to administer oaths or affirmations, subpoena witnesses, and compel the production of books and papers pertinent to the hearing. Witnesses requested by either party shall be called. Refusal to testify is grounds for disciplinary action. The Board will not consider any charges against a grievant except those which were specifically delineated in the notice of final decision per division (C)(2)(b) above. Technical rules of evidence will not apply since the primary purpose of the hearing is to obtain sufficient information and facts on which to render a just decision.
(b) Hearing procedure. The Chairperson of the Board shall open the hearing by naming the parties to the appeal and the nature of the appeal. All witnesses must be present initially to be sworn in and sufficient copies of all documents furnished to all Board members and the opposing side.
1. Administer oaths or affirmations to witnesses;
2. Excuse witnesses if the department or the grievant do not wish witnesses other than the 1 testifying to be present;
3. The grievant shall present his or her case. The department may cross-examine the grievant’s witnesses;
4. The department shall present its case. The grievant or his or her designated representative may cross-examine department witnesses;
5. The grievant may make a closing statement;
6. The department may make a closing statement; and
7. Closing of the hearing.
(c) Board decision. Within 5 calendar days from the date of the hearing, the Board shall render, in writing, to the City Commission, City Manager, grievant, or his or her representative, a recommendation upholding or modifying the decision of the City Manager. The decision of the Board shall be based upon the evidence received at the public hearing. The Board’s decision shall be final, but may be appealed to district court by either the city or the employee. A record of findings as basis for the decision shall be prepared and made a part of the decision.
(1981 Code, § 20-26) (Ord. 823, passed 1-22-1991)