Prior to the adoption of Ord. 17850 on 09/15/2003, Section 19-239 read as follows.

    Eligible city employees shall have the privilege of appealing grievance determinations involving suspensions, dismissals or disciplinary demotions against them to the personnel advisory board provided the grievance procedure has been utilized by the employee.

Note: Organized employee groups may, through negotiations with the city, arrange to appeal all unresolved grievable issues to the personnel advisory board.

Personnel advisory board appeal procedures are as follows:

    (1)    The employee or department head within five (5) working days of receipt of the director's recommendation response  may file a written request with the city clerk for a hearing before the personnel advisory board. Such request shall set forth in substance the employee's grievance and reasons for appeal of action taken thereon. Such hearing shall be scheduled as soon as possible and shall be conducted by procedures and rules established by the personnel advisory board. The employee(s) filing the grievance shall have the option of having the hearing open or closed, and shall indicate an open or closed meeting upon filing a request for a hearing. If the employee changes his/her mind concerning opening or closing a hearing, such a request shall be made to the board which will make a determination in the matter. The employee shall have the right to be heard and to present evidence. Testimony shall be given under oath and a record made of the hearing.

Each party, as well as the board, may engage counsel and call witnesses. The board shall upon request of any party issue subpoenas and shall in a proper case issue subpoenas duces tecum. Subpoenas shall be issued, served and enforced in the same manner as subpoenas issued under Chapter 536 RSMo. by agencies created by the constitution or state statute. Technical rules of evidence shall not apply. After hearing and consideration of the evidence and within ten (10) working days after the hearing, the board shall render its recommendations in writing to the city manager. As soon as possible after the hearing, a certified written transcript of the hearing along with all exhibits produced at the hearing shall be delivered to the city manager. The city manager shall review the transcript and exhibits and, within thirty (30) days of receiving the transcript, render a decision supported by findings of fact and conclusions of law which shall be final, binding and not subject to further administrative appeal.

    (2)    Unresolved issues grievances  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 response . The city manager shall render a decision within ten (10) working days, and this decision shall be final and binding.

    Problems involving sexual harassment or a potential discriminatory situation may be pursued either through the outlined grievance /complaint  procedure; or, the employee may contact the human resources department directly.

(Code 1964, § 22.1430; Ord. No. 13821 § 1, 9-20-93; Ord. No. 14167 § 1, 8-15-94; Ord. No. 17016, § 1, 9-17-01)