(a) A grievance procedure is hereby established to provide for the prompt presentation and disposition of grievances for City employees other than those who are members of the Division of Police. As used herein the term “grievance” means any dispute arising out of or connected with the terms and conditions of employment, this section, its meaning or application. All grievances shall be subject to the procedures set forth in this section. Grievances shall be subject to the procedures set forth in this section. Grievances may be initiated only by the employee claiming to be aggrieved and shall be signed by such claimant. Such claimant-employee may choose any other employee of his/her department to accompany and/or represent the claimant-employee when presenting the grievance.
(b) The following procedures shall be used when filing a grievance:
(1) Prior to filing any written grievance the claimant-employee shall attempt to resolve the grievance on an informal basis with the immediate supervisor of the claimant-employee.
(2) Any grievance that is not resolved by informal discussion as provided in subsection (b)(1) hereof shall be presented, in writing, to the Director within ten days of the occurrence of the episode giving rise to the claim of grievance. The Director may hold a hearing to discuss the grievance and shall provide a written answer to the grievance within seven days after having received the grievance.
(3) If the claimant-employee is not satisfied by the answer of the Director the claimant-employee may request review of the grievance by a committee of three members of the Department to determine whether or not the answer of the Director should be affirmed, reversed or modified. Such committee shall be composed of three members, one member selected by the claimant- employee, one member selected by the immediate supervisor of the claimant-employee, and the third member selected by the other two members of the committee. If the other two members cannot agree upon a third member within ten days of their appointment, then they shall apply to the Employee Relations Committee of Council which shall immediately appoint the third member.
(4) If the claimant-employee is not satisfied with the resolution of the grievance provided in subsections (b)(1), (2) or (3) hereof, such claimant-employee may appeal to the Mayor, in writing, within seven business days after receipt of the written decision of the committee as specified in subsection (b)(3) hereof. Within seven business days after receipt of the request for hearing, the Mayor shall hold a meeting with the claimant-employee and shall answer the grievance, in writing, within fifteen business days of such meeting.
(5) If the claimant-employee is not satisfied with the answer provided by the Mayor pursuant to subsection (b)(4) hereof, such claimant-employee may request a hearing before the Employee Relations Committee of Council. Such request shall be filed in writing within seven calendar days of the decision of the Mayor. The decision of the Employee Relations Committee of Council shall be final and binding upon the parties. The Employee Relations Committee of Council shall be empowered to call before it any and all persons and documents it may deem necessary to properly decide the issues raised by the grievance.
(c) The failure of the claimant-employee or his or her representative to meet any of the time limits provided in this section shall constitute a waiver of the grievance of such claimant-employee. The failure of City officials or supervisors to meet any of the time limits provided in this section shall entitle the claimant-employee to proceed to the next step of the procedure herein provided.
(d) The failure of any City official or any employee, or of any municipal body to comply with the provisions of this section shall not invalidate any action taken not in compliance with this section. The failure of any City official or employee, or any municipal body to comply with the provisions of this section shall not subject such official, or employee, or municipal body to civil liability on account of such failure.
(Ord. 85-44. Passed 6-4-85.)