§ 114-523. Grievance resolution procedures.

The following procedures shall govern the processing of grievances:

(1)

Verbal discussions initiated by aggrieved employee. Any employee who has a grievance, as provided in section 114-519, or a matter found to be grievable, as provided in section 114-521, may initiate the grievance process by requesting a meeting for the verbal discussion of the grievance with the employee's immediate supervisor within three working days of the occurrence of the incident giving rise to the grievance or becoming aware of the incident giving rise to the grievances. The immediate supervisor, at the time of the employee's request for a meeting, shall schedule a meeting for discussion for a definite time and place, but such meeting shall not take place later than three working days following the employee's request.

After the meeting, the supervisor shall investigate the employee's grievance and verbally communicate a decision to the employee within three working days of the meeting.

(2)

Submission of grievance to immediate supervisor. If, after the supervisor's verbal response, the grievance is not resolved to the employee's satisfaction and the employee desires to pursue the matter, the employee shall submit, in writing, on a form supplied by the commissioner of human resources, the nature of the grievance, the facts to support the grievance, any supporting documents and the requested remedy. Copies of the grievance will be forwarded to the head of the affected department and the commissioner of human resources. The form shall be submitted by the employee to the immediate supervisor within five working days of receipt of the verbal decision rendered by the supervisor. Within three working days of the receipt of the grievance form, the supervisor shall set forth in writing on the corresponding section of the grievance form and transmit to the employee the findings of the investigation and the reasons therefor and shall attach all supporting documents.

(3)

Submission of grievance to next level supervisor. If the grievance is not resolved by the supervisor to the employee's satisfaction and the employee desires to pursue the matter, the employee may submit the completed grievance form to the next level supervisor having authority to resolve the grievance within three working days of receipt of the decision by the supervisor. The next level supervisor shall investigate the grievance and, as necessary, shall collect evidence. Within five working days of receipt of the grievance form, the next level supervisor shall set forth in writing on the corresponding section of the grievance form and transmit to the employee the findings of the investigation, the decision on the grievance and the reasons therefor and shall attach all supporting documents.

(4)

Submission of grievance to director. If the grievance is not resolved by the next level supervisor to the employee's satisfaction and the employee desires to pursue the matter, the employee shall submit the completed grievance form to the director of the office under which the employee is employed within three working days of receipt of the supervisor's decision. The director shall investigate the grievance and, as necessary, shall collect evidence. Within five days of receipt of the grievance form, the director shall set forth in writing on the corresponding section of the grievance form and transmit to the employee the findings of the investigation, the decision on the grievance and the reasons therefor and shall attach all supporting documents.

(5)

Submission of grievance to department head.

a.

If the grievance is not resolved by the director to the employee's satisfaction, the employee may submit the completed grievance form to the head of the employee's department within three working days of receipt of the decision of the director. The head of the employee's department shall investigate the grievance as appropriate and shall collect evidence. Within five working days of receipt of the completed grievance form, the department head shall set forth in writing the final determination of the employee's grievance by the department. The final determination shall include the decision on the grievance, state the reasons therefor shall and include any supporting evidence. A copy of the final determination by the department shall be given to the employee or sent to the employee by registered mail no later than the tenth day from date of receipt of the grievance by the head of the employee's department.

b.

If the grievance is from an employee of the department of fire or department of police, the final paragraph of the chief's letter will differ significantly depending upon the grieving employee's sworn or nonsworn status as follows:

1.

If the grieving employee is sworn, the last paragraph will advise the grievant that the chief's decision is not subject to any further administrative appeal, but that the grievant could seek redress in the civil courts on the employee's own initiative and expense. Copies of this letter will be distributed to the deputy chief, the immediate supervisor, the employee's personnel file and the city attorney's office.

2.

If the grieving employee is nonsworn, the last paragraph will advise the grievant that the chief's decision could be appealed to the commissioner of human resource as per subsection (6) of this section. Copies of this letter will be distributed to the deputy chief, immediate supervisor, the employee's personnel file and the city attorney's office.

3.

The time constraints of subsection (5)a of this section shall apply to this subsection.

(6)

Submission of grievance to department of human resource. If the employee is not satisfied with the final determination on the grievance by the department and the employee desires to pursue the matter, the employee may submit the completed grievance form to the commissioner of human resources within three working days of receipt of the decision by the department. Within ten working days of the receipt of the grievance, the office will investigate the circumstances surrounding the grievance, prepare findings of fact thereon and, upon approval of the commissioner of human resources, recommend to the employee and the department, in writing, a resolution of the grievance. If the grievant is an employee of the department of human resources, such prior approval shall not apply. If the recommended resolution requires action by the employee's department, the recommendation shall include a timetable for the implementation of the action. All recommendations made by the commissioner of human resources shall be binding on both the employee and the affected department. Should the employee's department disagree with the decision of the commissioner of human resources, the recommendation may be submitted by the commissioner of human resources to the chief operating officer or designee who shall make within ten days the final determination on the grievance. In no case shall the time to inform the employee of the final decision exceed 15 days from the date of the decision by the commissioner of human resources, and to the extent that this subsection is in conflict with subsection (5)b of this section, then subsection (5)b of this section controls.

(7)

Failure to follow procedure. The failure of supervisory employees or city officials to follow the steps outlined in this section shall result in conferring upon the employee the right automatically to proceed to the next step in the grievance procedure. Failure of the employee to follow the steps outlined in this section shall result in the dismissal of the grievance.

(8)

Final determination. The decision by the commissioner of human resources or, in instances in which the grievance is submitted to the chief operating officer, the decision of the chief operating officer shall be final and conclusive.

(Ord. No. 2007-22(06-O-2700), § 1, 3-27-07)