[Ord. of 7-1-1963, § 1]
As used herein the following terms shall have the meanings respectively
ascribed:
DAYS
All days other than Saturday, Sundays and legal holidays.
Saturdays, Sundays and legal holidays shall be excluded in computing
the number of days within which action must be taken or notice given
within the terms of this Article.
DEPARTMENT
Any office, department, board, commission or other agency
of the government of the city.
EMPLOYEES
Any person directly employed and compensated by the city,
except persons employed in the legislative or judicial branch thereof.
GRIEVANCE
Any claimed violation, misinterpretation or inequitable application
of the existing laws, rules, procedures, regulations, administrative
orders or work rules of the city or a department thereof, which relate
to or involve employee health or safety, physical facilities, materials
or equipment furnished to employees or supervision of employees; provided,
however, that such term shall not include any matter involving an
employee's rate of compensation, retirement benefits, disciplinary
proceeding or any other matter which is otherwise reviewable pursuant
to law or any rule or regulation having the force and effect of law.
IMMEDIATE SUPERVISOR
The employee or officer on the next higher level of authority
above the employee in the department wherein the grievance exists
and who normally assigns and supervises the employee's work and approves
his time record or evaluates his work performance.
[Ord. of 7-1-1963, § 2]
Every employee of the city shall have the right to present his
grievance in accordance with the procedures provided herein, free
from interference, coercion, restraint, discrimination or reprisal,
and shall have the right to be represented by a person of his own
choosing at all stages of the grievance procedure.
[Ord. of 7-1-1963, § 6; Ord. of 5-7-1973, § 1]
(a) Filing appeal. An employee may appeal from the decision
of the department head or nominee of the department head within 15
days after notice of such decision. The appeal shall be taken by submitting
to the Grievance Board a written statement signed by the employee
taking the appeal, containing:
(1) The name, residence address and department of employment of the employee
presenting the grievance.
(2) The name, residence address and department of employment of each
other employee or official involved in the grievance.
(3) The name and address of the employee's representative, if any, and
his department of employment, if he be a fellow employee.
(4) A concise statement of the nature of the grievance, the facts relating
to it and the proceedings and decisions on the grievance up to the
time of the appeal.
(5) A request for a review of the decision of the department head or
his nominee.
(b) Report from department head. The Grievance Board
may request the department head to submit a written statement of facts,
including a summary of the record of the hearing, if there was a hearing,
and the original or a true copy of any other record or document used
by the department head or his nominee in making his decision. Such
written statement shall be submitted within three days after request
by the Grievance Board.
(c) Time for hearing. The Grievance Board shall hold
a hearing within 10 days after receiving the written request for review.
It shall give at least three days' notice of the time and place of
such hearing to the employee, the employee's representative, if any,
and the department head or his nominee, all of whom shall be entitled
to be present at the hearing.
(d) Hearing may be public or private. The hearing on
the appeal may be held in public or in private as determined by the
Grievance Board.
(e) Introduction of evidence. New evidence, testimony
or argument, as well as any documents, exhibits or other information
submitted to the department head or his nominee at the hearing held
by him, may be introduced at the hearing by the employee, by the department
head or his nominee or upon the request of the Grievance Board.
(f) Adjournment of hearing. The hearing may be adjourned
from time to time by the Grievance Board if in its judgment such adjournment
is necessary in order to obtain material evidence. The total of all
such adjournments, however, shall not exceed 10 days, except that
adjournments consented to by both the employee and the department
head shall not be counted in determining the total days of adjournment
as herein limited.
(g) Rules of evidence. The Grievance Board shall not
be bound by formal rules of evidence.
(h) Summary of hearing. A written summary shall be kept
of each hearing held by the Grievance Board.
(i) Report of Board. The Grievance Board shall make
its report, in writing, within five days after the close of the hearing.
It shall immediately file its report and the written summary of the
proceedings with the City Chamberlain and shall at the same time send
a copy of its report to the employee, the employee's representative,
if any, the department head, the City Administrator and the local
civil service commission if appropriate. The report shall include
a statement of the Board's findings of fact, conclusions and (advisory)
recommendations.
(j) Finality of report. The report of the Grievance
Board shall be final.