Prior to the adoption of 15754 on 09/21/1998, Section 19-238 read as follows.

    Procedures for EEO complaint procedures: See section 19-182; also, see the "Grievance or Complaint Flow Chart" section 19-239 for details affecting some employee groups at the director and personnel advisory board steps.

    (1)    A grievance or complaint 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 resubmitted to the immediate supervisor within this same seven (7) day time period.

        The immediate supervisor shall have three (3) working days to respond in writing.

         Note: In operations such as police, fire, and others where a more involved hierarchal supervisory system is necessary, the department head shall, through the departmental rules and regulations, establish which "immediate" supervisory levels shall successively respond to a grievance.

    (2)    If step (1) does not resolve the situation, the employee and/or supervisor may forward the grievance or complaint in writing to the department head within three (3) working days following receipt of the supervisor's response. The written documentation must include specific circumstances and state the remedial action requested. The department head shall investigate and document the matter, and render his/her decision within five (5) working days of receipt of the request.

    (3)    If step (2) does not satisfactorily reconcile the problem, the employee and/or department head shall forward all written documentation concerning the case to the director for assistance within three (3) working days following step (2). The director will provide a recommendation to the parties involved within five (5) working days of receipt of the request.

         Note: Organized employee groups may arrange to modify this step, allowing the negotiating teams an opportunity to meet and resolve the problem. 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 problem, the grievance may be forwarded directly to the personnel advisory board for their recommendation pursuant to the appeals procedure outlined in section 19-239.

    (4)    Grievances which are not specifically resolved and not continued by the employee within aforementioned time sequences shall be considered as satisfied and not subject to further consideration (unless approved by the director). 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 procedure.

    (5)    Unresolved issues involving concerns other than suspensions, dismissals, and/or disciplinary demotions may be filed with the city manager's office within five (5) working days of receipt of the director's recommendation. The city manager shall render a decision within ten (10) working days, and this decision shall be final and binding.

    (6)    Employees may, at their own discretion, be represented at any stage of the grievance procedure by a representative of their own choosing. The employee and/or representative may, with the permission of their supervisor, be granted time off with pay for the purpose of necessary discussions and conferences with city supervisors and administrators relating to the resolution of a specific grievance.

(Code 1964, § 22.1420)