Section 19-238 Procedures for grievances and complaints.
Prior to the adoption of Ord. 19677 on 09/17/2007, 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 complaining about a job performance review
may 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
employee's immediate supervisor
person who issued the discipline
. 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
person who issued the
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
who issued the discipline
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
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
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 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 grievance or complaint. The city's 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 grievance or complaint, the
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 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 response. The city manager shall render a decision
within fifteen (15) working days, and this decision shall be final and binding.
(5) Prior to the expiration of reply deadlines set out
herein, the human resources director
may, 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; Ord. No. 17850, §
Editor's Note: Ord. No. 15754, § 2, adopted Sept. 21, 1998, repealed §