§ 2-35. Grievance Process.

(a)

Grievances. A grievance is any complaint or dispute concerning a written counseling, suspension, demotion or transfer. Complaints of discrimination, harassment or retaliation in the workplace shall not be subject to the city's grievance procedure, but rather, shall be investigated in accordance with the city's non-discrimination/non-harassment policy.

Any non-civil service employee shall have the right to file a grievance according to the procedures outlined in this policy. Failure of an employee to initiate the grievance procedures within the prescribed time limits shall constitute a waiver by the employee of any recourse pursuant to this section.

No employee shall, ever be discriminated against, harassed, intimidated, or retaliated against as a result of filing a grievance or participating in the grievance process

(b)

Grievance committee. A three-person grievance committee shall be established and composed of a municipal court judge, city manager appointee, and a non-civil service employee elected at large by the city's non-civil service employees. An alternate non-civil service employee shall also be elected at large by the city's non-civil service employees, to the extent a regular member of the grievance committee has a conflict of interest or is otherwise unavailable to serve. The grievance committee members shall be responsible for appointing a chairperson among them.

To be eligible for appointment or election to the grievance committee, an employee must:

(1)

Have been continuously employed with the city for at least one (1) year;

(2)

Have no prior discipline in the twelve-month period preceding appointment or election; and

(3)

Place his/her name on the list of grievance committee candidates.

Members of the grievance committee elected at large by the city's employees or appointed by the city manager shall serve a term of two (2) years. Any alternate member elected by the city's employees shall also serve a term of two (2) years.

The city manager shall have the discretion to remove a member of the grievance committee as deemed necessary in the case of a conflict-of-interest and/or discipline or misconduct.

The city manager, or his/her designee, shall be responsible for developing the grievance committee's internal rules of governance.

(c)

Procedure and time limits.

(1)

Employees who have a complaint should attempt to resolve the problem informally with their department head within three (3) working days of the incident.

(2)

If the complaint is not resolved to the employee's satisfaction within those three (3) working days of the incident, the employee shall have the right to submit a written request for a grievance hearing to the city manager's office by the next working day. The employee may elect to have the grievance heard by the grievance committee or by the city manager directly.

(3)

Once the city manager receives the request for a grievance hearing, it shall be directed to the chairperson of the grievance committee (unless the employee has elected a direct grievance to the city manager). The chairperson, or designee, shall notify the employee and the employee's department head the grievance has been received within one (1) working day of receipt. The chairperson shall schedule the hearing within five (5) working days from the date of notice to the employee and department head. The employee and department head shall have the opportunity to present pertinent evidence in support of their position during the hearing.

(4)

The grievance committee shall issue a written determination within five (5) working days from the date of the grievance hearing. The city manager's decision shall be final and non-appealable.

No exceptions will be made on the time limits under this grievance process.

(Ord. No. 2018-27, § 1, 10-2-2018)