Chapter 3.70
GRIEVANCES
Sections:
3.70.010 General policy.
3.70.020 Definitions.
3.70.030 Grievance procedure.
3.70.010 General policy.
It shall be the general policy of the city to avoid circumstances that give rise to grievances, to the extent possible. All employees, except for confidential/managerial, probationary, temporary, intern employees, the city clerk, the deputy city clerk, or employees or officials exempted from application of these rules under Section 3.45.040(A)(3), may file grievances in accordance with this chapter. (Ord. 03-33(SUB)(AM) § 2 (part), 2003)
3.70.020 Definitions.
As used in this chapter:
“Aggrieved party” means an individual employee or group of employees who may file a grievance under this chapter.
“Grievance” means any dispute involving the interpretation, application or alleged violation of Title 3, except for disputes which are expressly exempted from the grievance procedure, such as disputes which are subject to the disciplinary hearing procedure set forth in Chapter 3.75 and disputes which relate to the contents of a performance appraisal, among others.
“Working day” shall exclude Saturdays, Sundays and recognized city holidays. Nothing in this section shall be construed to prevent settlement of a grievance by mutual agreement of the parties at any time. (Ord. 03-33(SUB)(AM) § 2 (part), 2003)
3.70.030 Grievance procedure.
A. A grievance shall be processed in accordance with the procedures and within the time limits set forth herein. Employees shall be free to present grievances in the prescribed manner, and shall be assured freedom from discrimination, coercion, restraint or reprisal in presenting grievances. The employee shall have the right to representation at all steps other than Step 1. The time limits set forth for each step in the grievance procedure may be extended in writing by mutual agreement of the parties.
1. Step 1—Informal Discussion Followed by Possible Formal Written Grievance. The aggrieved employee shall discuss the grievance with his/her department head. If the grievance cannot be resolved informally through discussion, it shall then be reduced to writing as a formal grievance, and the written grievance shall be submitted to the department head. The written grievance must be submitted within fifteen (15) working days of the date that the employee knows or has reason to know of the conduct or actions upon which the grievance is based. Failure to notify the city within the specified time limits identified in the procedure shall constitute a waiver to further action on the alleged grievance. The written grievance must describe the actions or omissions that are alleged to constitute improper conduct by the city and must indicate the policy and procedures and/or rules that have allegedly been misapplied, misinterpreted or violated by the city.
2. Step 2—Department Head. Upon receipt of a written grievance, the department head shall, within five working days, respond in writing. Upon receipt of the department head’s response, the employee shall have five working days to appeal the decision in writing to the mayor. If the employee fails to appeal the department head’s decision within five working days, such failure to respond will serve to
declare the grievance as settled based upon the department head’s decision.
3. Step 3—Mayor.
a. Within fifteen (15) working days of receipt of a written appeal from the decision of the department head, the mayor or his or her designee shall review the matter and respond in writing to the employee’s grievance.
b. Alternatively, at the request of the employee and at the sole discretion of the mayor, a three-member panel of city employees may be appointed by the mayor to review the employee’s grievance. The panel shall confer with the department head, appropriate supervisory personnel, the employee and/or others to determine the facts underlying the grievance. Within ten (10) working days following appointment of the panel, the panel shall give its written recommendation to the mayor, the employee and the department head. If the employee is not satisfied with the panel’s recommendations, he or she shall within five working days after receipt of such recommendation submit a written response to the mayor. The mayor shall review the panel’s recommendation, the employee’s response, and other documentation, as necessary, and render a decision upholding, modifying or overturning the panel’s recommendations within seven working days of receipt of an employee’s response (if any), or within seven working days of receipt of the panel’s recommendation.
C. The decision of the mayor shall be final. In the application of this section, “employee” shall include any duly authorized representative of the employee who alleges a grievance. (Ord. 03-33(SUB)(AM) § 2 (part), 2003)