An appeal is a request for review of a disputed disciplinary
action, including termination, involuntary demotion, disciplinary
leave, or written warning.
Dispute resolution is a process for reviewing concerns regarding
the application of City policies, procedures, rules, regulations,
and guidelines. The dispute resolution procedure shall not be used
for disputes regarding the substance of City policies, procedures,
rules, regulations, guidelines, compensation issues (except for non-payment
of wages or civil rights violations), overtime issues (except for
non-payment of overtime), comp time (except for failure to properly
credit comp time), exempt status, work assignments, work schedules,
position guides, performance evaluations, employee classification,
employment categories, and work plans.
For the purpose of this section only, "introductory" employees
do not include employees who have previously attained regular status
and are on introductory status as a result of a position change.
These procedures shall apply to regular full-time and regular
part-time employees, except for department directors, introductory
employees, temporary employees, and seasonal employees; however, civil
rights shall apply to all employees.
No employee shall utilize this procedure to dispute City Council
policies and ordinances, federal or state statutes (except in the
instances of civil rights violations) or matters where the employee
has no direct interest.
Time limits. Time limits specified in this procedure may be changed
by mutual agreement of the parties involved in appeals and dispute
resolution. If the time limits are changed by mutual agreement, the
parties shall immediately inform the Director of Public Service of
the change. In the event of an approved absence of the employee or
the appropriate supervisor or administrator, time limits shall be
temporarily suspended.
Hearings and witnesses. Any hearing held pursuant to this procedure
shall be conducted at a time and place which will afford a fair and
reasonable opportunity for all persons entitled to be present to attend,
including witnesses. Directors and supervisors shall fully be made
available for examination and cross-examination to the fullest extent
possible any witnesses who are under their control.
Details of any proceedings held pursuant to this policy shall
be kept as confidential as practicable taking into account all due
considerations and the facts of the dispute. An employee shall not
be interfered with, restrained, discriminated against, or subject
to any retaliation as the result of the presentation of an appeal
or for participating in the dispute resolution process.
At no time shall an employee take an appeal or dispute subject
to this policy directly to the City Council. Any disciplinary action
occurring due to the failure of the employee to adhere to this policy
must be approved by the Director of Public Service before issuance.
An employee must first pursue all established departmental processes
available to the employee and must discuss the concern with his/her
immediate supervisor and/or department manager(s) before filing a
written request for review or a written appeal.
If a dispute is not resolved in Subsection A above, the employee may file a written request for review with the department director within five working days of the time the employee knew or reasonably should have known the dispute would not be resolved.
After consultation, the department supervisor shall present a written
response to the employee within five working days of receipt of the
request for review.
If the written warning was issued by anyone other than the department
supervisor, then the written request for appeal shall be filed with
the department supervisor.
If the department supervisor issued the written warning, the
written request for appeal shall be filed with the Director of Public
Service. If the department supervisor issuing the written warning
is the Director of Public Service, then the written request for appeal
shall be filed with the Mayor.
The department supervisor or Director of Public Service shall
investigate the appeal and make a written response to the employee
within five working days of receipt of the appeal.
The employee may file an appeal with the Director of Public Service
within five working days of the disciplinary action being issued by
the department supervisor. If a department director or supervisor
is appealing a disciplinary decision of the Director of Public Service,
the department director or supervisor may appeal to the City Council.
The request for appeal shall be filed with the Director of Public
Service, who shall then provide the request to the Mayor and City
Council.
After hearing the appeal, the Director of Public Service, or his/her
designee, shall prepare a brief written finding of facts and issue
a written decision within 10 working days.
Such decision shall be sent to the department supervisor, who will
then forward it to the employee. The department supervisor may also
forward the decision to any other appropriate supervisor(s).