Section 19-238 Procedures for grievances and complaints.
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
(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
(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)