Sec. 40-271. - Grievances and appeal—Scope and limitations.

The grievance procedures set forth in this subdivision are intended to provide adequate opportunity for employees in the classified service to seek correction of and be heard in regard to any allegedly improper application or interpretation of the City Code with respect to their employment.

(Ord. No. 04-010(sub 1), § 1, 4-15-04)

Sec. 40-272. - Grievance and appeal procedures.

(a)

Time limits at each level of the grievance procedure may be extended by mutual consent.

(b)

In any instance of grievance, within ten working days of the date of the events leading to the grievance or knowledge of their occurrence, the employee concerned shall make an effort to resolve the grievance with his or her immediate supervisor. Within five working days of being notified of the grievance, the immediate supervisor shall hold a meeting with the employee in regard to the grievance, at which the supervisor shall attempt to adjust the matter.

(c)

If, after a thorough discussion with the immediate supervisor, and within five working days of same, the grievance has not been resolved to the employee's satisfaction, the aggrieved employee may file a written second step grievance with the commissioner or department head, citing the complaint, remedy sought, and identifying any provision(s) of the city code that are involved. The commissioner or department head or designee shall schedule a meeting with the employee to discuss the grievance; such meeting shall be held within five working days of the date the commissioner or department head receives the second step grievance. During the meeting the commissioner or department head shall attempt to adjust the matter. Within five (5) working days of the meeting, the commissioner or department head shall respond in writing to the employee.

(d)

If, after a thorough discussion with the commissioner or department head, and/or within five working days of the date the commissioner or department head's response is rendered or due, the grievance has not been resolved to the employee's satisfaction, the aggrieved employee may file a written third step grievance with the director of personnel. The director of personnel shall schedule a meeting with the employee to discuss the grievance; such meeting shall be held within five working days of the date the director of personnel receives the third step grievance. During such meeting, discussion shall be limited to the issues raised in the previous grievance process, and an earnest effort shall be made to arrive at a satisfactory resolution of the issue. Such notes and memoranda shall be made of the substance of the discussion and result of the meeting as the director of personnel shall require. The director of personnel shall respond to the employee in writing within five working days of the meeting.

(e)

If after receipt of the decision of the director of personnel the grievance has not been resolved to the employee's satisfaction, the employee may file an appeal to the personnel appeal board, as provided in section 40-273, by written request directed to the director of personnel. Such appeal is due no later than five working days after the director of personnel's response is due or rendered.

(Ord. No. 04-010(sub 1), § 1, 4-15-04)

Sec. 40-273. - Personnel appeal board.

(a)

The personnel appeal board shall consist of the mayor or designee, director of personnel and a commissioner or department head of a department other than the department concerned.

(b)

Upon receipt of a request for appeal to the personnel appeal board, the director of personnel shall transmit to the personnel appeal board such request together with copies of all documentation pursuant to section 40-272; the director of personnel shall also provide such other documents and information as the personnel appeal board may from time to time request.

(c)

The personnel appeal board shall have access to all written statements and documents pertaining to the appeal.

(d)

Within ten working days after the personnel appeal board receives the request, it shall commence whatever investigation of the case it may deem necessary to ascertain the full facts of the case. In the course of such investigation, the board shall cause the employee to appear before it. Such employee may be represented by counsel of his choice. Personnel appeal board hearings need not be conducted according to technical rules relating to evidence and/or witnesses.

(e)

Within ten working days of the conclusion of the personnel appeal board's investigation and/or hearing, it shall certify its findings and recommendation(s) to the employee and the director of personnel, which shall then be final and binding.

(Ord. No. 04-010(sub 1), § 1, 4-15-04)

Sec. 40-274. - Personnel—Disciplinary appeal procedures.

(a)

Employees in the classified service who are not subject to a collective bargaining agreement who have been dismissed, suspended, demoted or reduced in step within their salary range shall be entitled to invoke the procedure set forth in section 40-272 subsections (c) and (d), following which the employee may appeal as provided in sections 40-272(e) and 40-273

(b)

The personnel appeal board may recommend modification or rejection of a disciplinary action only as follows:

(1)

If there is not substantial evidence to support the need for the disciplinary action.

(2)

If the disciplinary action involved a violation of the employee's substantive due process or procedural due process rights.

(3)

If the disciplinary action resulted from political, religious or racial bias or prejudice, or is otherwise contrary to law.

(4)

If the disciplinary action was unreasonable, capricious or arbitrary in view of the nature of the offense, the circumstances surrounding the offense, and the past record of the employee.

(Ord. No. 04-010(sub 1), § 1, 4-15-04)

Secs. 40-275—40-285. - Reserved.