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 to equal 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 employee’s immediate supervisor.  Unresolved grievances or complaints will proceed through the department’s 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 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 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 problem 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 recommendation 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 teams an opportunity to meet and resolve the problem grievance or complaint . The city's speaker 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 problem grievance or complaint , the grievance 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 issues 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 response . The city manager shall render a decision within fifteen (15) working days, and this decision shall be final and binding.

    (5)     The Prior to the expiration of reply deadlines set out herein, the   human resources 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 .

    (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.

(7)    Employees may, at their discretion, be represented at any stage of the grievance or complaint  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 and complaints .

(Code 1964, § 22.1420; Ord. No. 15754, § 2, 9-21-98)

Editor's Note:  Ord. No. 15754, § 2, adopted Sept. 21, 1998, repealed § 19-238.