Section 19-238 Procedures for grievances and complaints.
Prior to the adoption of Ord. 20438 on 09/21/2009, Section 19-238 read as follows.
(a) Whenever an employee eligible to file a grievance or complaint desires
to do so, the
employee shall follow the procedures set out in this section.
(b) Employees who feel that they have been discriminated against pursuant
employment opportunity provisions of city ordinance, state or federal laws shall follow the
complaint procedures set out in section 19-182.
(c) An employee complaining about a job
performance review may complain directly to the
employee's department head and if the employee, department head, and supervisor cannot reach
agreement, the human resources director will attempt to conciliate the matter. If the human
resources director's recommendation does not resolve the problem, all documentation shall be
forwarded to the city manager for final determination.
(d) All other grievances or complaints
must be taken to the
person who issued the discipline
Unresolved grievances or complaints will proceed through the department's chain of command as
established by the department head.
Grievances or complaints must be taken to the person who issued the discipline within
seven (7) working days following knowledge of the occurrence of the problem. If possible, the
grievance or complaint should be settled at this level through discussions with the involved
parties. If informal discussions do not resolve the issue,
the matter shall be reduced to writing
the employee or the employee's representative and be submitted
the employee may sign and
submit a written grievance or complaint
to the human resources department within this same
seven-day time period. The human resources department shall assign the grievance or complaint
a number for tracking purposes and immediately forward it to the relevant supervisor. The
written grievance or complaint must describe specific circumstances and state the remedial action
requested. The person who issued the discipline shall have five (5) working days from receipt of
the grievance or complaint to respond in writing.
(2) If step (1) does not resolve the situation, the employee
may forward the grievance or
complaint to the next supervisory level within five (5) working days following receipt of the
supervisor's response. Each supervisor shall have five (5) working days to respond in writing
except that when a grievance or complaint is referred to the department head, the department
head shall have seven (7) working days to respond.
(3) If step (2) does not satisfactorily resolve the grievance
or complaint, the employee or
department head may forward all written documentation concerning the case to the director for
assistance within five (5) working days following step (2). The director will provide a response
to the parties involved within seven (7) working days of receipt of the request.
Organized employee groups may arrange to modify this step, allowing the negotiating
opportunity to meet and resolve the grievance or complaint. The city's representative would be
the director, and the duly authorized and recognized employee representative(s) would represent
the employee(s). If the negotiating teams do not resolve the grievance or complaint, the
documentation may be forwarded directly to the city manager or in cases of suspensions,
dismissals, or disciplinary demotions, to the personnel advisory board pursuant to section 19-239.
(4) Unresolved grievances or complaints
involving concerns other than suspensions,
dismissals, or disciplinary demotions may be filed with the city manager's office within seven (7)
working days of receipt of the director's response. The city manager shall render a decision
within fifteen (15) working days, and this decision shall be final and binding.
(5) Prior to the expiration of reply
deadlines set out herein, the human resources director
may, under reasonable circumstances, grant extensions to such deadlines.
(6) Grievances or complaints which are
not specifically resolved and not continued by the
employee within the aforementioned time sequences shall be considered as satisfied and not
subject to further consideration. Grievance or complaint responses by duly authorized
management representatives which are contrary to established time sequences shall automatically
proceed to the next higher authority or step in the grievance/complaint procedure.
Employees may, at their discretion,
give written permission on a form to be provided by
the human resources department to
be represented at any stage of the grievance or complaint
procedure by representatives of their choosing.
A represented employee shall participate fully at
all stages of the grievance. All documents and other submissions by employees representative
shall be read and signed by the employee to verify that submission is truthful and accurate.
Employees and their representatives may, with the permission of their supervisors, be granted
time off with pay for the purpose of necessary discussions and conferences with city supervisors
and administrators relating to the resolution of specific grievances and complaints.
(Code 1964, § 22.1420; Ord. No. 15754, § 2, 9-21-98; Ord. No. 17850, § 1, 9-15-03;
19677, § 1, 9-17-07
Editor's Note: Ord. No. 15754, § 2, adopted Sept. 21, 1998, repealed §