§ 28-12. Grievance and appeal procedures.

(a)

Intent.

(1)

City employee grievances should receive prompt consideration and equitable resolution. Wherever possible, grievances should be resolved or adjusted informally, and both supervisors and employees shall be expected to make every effort to do so. With respect to those grievances which cannot be so resolved, employees shall be entitled to process the grievances as hereinafter provided.

(2)

These procedures governing the processing of grievances and providing the right of appeal are established for the purpose of eliminating or correcting justifiable complaints or dissatisfaction of regular employees or certain complaints of probationary employees and applicants (see subsection (b) of this section); ensuring that all employees shall be afforded fair, equitable and expeditious review of their grievances without fear, coercion or discrimination; and providing a systematic and orderly method for resolving complaints and differences between employees and supervisory or management personnel.

(b)

Procedure for grievance resolution. Any regular employee in the classified service who has been demoted, suspended, dismissed or subjected to any other type of disciplinary action (except oral or written reprimand), or who is aggrieved as a result of the interpretation and application of these rules and regulations, and any applicant or employee (regular or probationary) who has been subjected to any alleged discriminatory action that is prohibited by federal law, shall have the right to utilize the grievance and appeal procedure hereinafter set forth.

(1)

A formal grievance shall not be initiated unless and until the employee has discussed the grievance with the department head and city administrator or in the case of an applicant, with the city administrator. Such discussion shall be held within ten working days after the employee becomes aware of the occurrence of a grievable matter. The department head, or city administrator, in the case of an applicant, shall render a decision on the matter within ten working days after the grievance has been discussed.

(2)

Should the employee or applicant not be satisfied with the decision of the department head or city administrator, the employ or applicant, within five working days, shall state the grievance in writing and file a standard grievance form with the city administrator setting forth the reasons for the appeal. The city administrator shall make appropriate inquiries; consider all facts surrounding the action, and make effort to resolve the grievance to the satisfaction of the department head and the employee, or the applicant.

(3)

Should no decision resulting in the settlement of the grievance be reached within ten working days after the filing of the written grievance, the employee or applicant, within five working days, may appeal to the city council. Such appeal shall be submitted through the city administrator and shall be accompanied by all of the facts and information concerned with the grievance as well as any written responses of the department head.

(4)

The city council shall, within 15 working days after the receipt of an appeal, hold a hearing upon same and consider the action complained of in the grievance.

a.

Whenever possible, the hearing shall be scheduled during normal working hours and employees, supervisors, applicants and their representatives and witnesses shall have the right to appear before the council for the purpose of presenting facts, information and relevant evidence.

b.

At the hearing before the city council, technical rules of evidence shall not apply. All testimony before the council shall be under oath or affirmation. Any member of the council shall have the power to administer oaths and call witnesses and may compel the production of relevant books, records and documents.

c.

A copy of the decision of the city council shall be given to the affected employee and the department head of same, or to the applicant, within three working days following the completion of the hearing.

(5)

The failure of supervisory employees to follow the steps outlined above shall result in conferring upon the employee the right automatically to proceed to the next step in the grievance procedure. The failure of the employee to follow the steps outlined above may result in the dismissal of the grievance at any step.

(6)

In those cases where dismissal of an employee is involved, the city administrator shall immediately notify the affected employee that, if requested, a hearing before the city council will be set up and held within 15 working days of the action taken. At all such hearings, the department head shall be required to appear and explain the reasons for the dismissal.

(7)

No punitive, discriminatory or adverse action shall be taken against any employee or applicant on account of the filing of a grievance or an appeal.

(Code 1985, § 3-912)