Section 19-238 Procedures for grievances and complaints.
Prior to the adoption of Ord. 17850 on 09/15/2003, 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
grieving or complaining about a job performance review may grieve or
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 employees
Unresolved grievances or complaints will proceed through the departments chain of command
as established by the department head.
(1) Grievances or complaints must be taken to the immediate supervisor
within seven (7)
working days following knowledge of the occurrence of the problem. If possible, the grievance
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 by the
employee or the employee's representative and be submitted to the human resources department
within this same seven (7) 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 supervisor 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
to the parties involved within seven (7) working days of receipt of the
Organized employee groups may arrange to modify this step, allowing the negotiating
opportunity to meet and resolve the
grievance or complaint
. The city's speaker
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
may be forwarded directly to the city manager or in cases of
suspensions, dismissals, or disciplinary demotions, to the personnel advisory board pursuant to
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 recommendation
. The city manager shall
render a decision within fifteen (15) working days, and this decision shall be final and binding.
Prior to the expiration of reply deadlines set out herein, the
director may, with the consent of the employee and relevant city supervisor, extend the reply
deadlines set out herein
under reasonable circumstances, grant extensions to such deadlines
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
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
(7) Employees may, at their discretion, be represented at any
stage of the grievance
procedure by representatives of their choosing. 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
(Code 1964, § 22.1420; Ord. No. 15754, § 2, 9-21-98)
Editor's Note: Ord. No. 15754, § 2, adopted Sept. 21, 1998, repealed §