Any full-time merit or full-time grant employee and part-time and part-time grant employee regularly scheduled to work 50% or more of the normal pay period who has successfully completed his or her initial probationary period and thereafter believes that his or her wage, benefits, working conditions or employment have been improperly affected by an act or acts of a supervisor or department head contrary to the terms of this Personnel Ordinance shall have the right to seek redress of his or her grievance in the following manner.
A. 
Within five working days following the occurrence of the event or events other than a suspension or termination that constitute the basis for the employee's grievance, the employee must file a written grievance on a Grievance Report Form with his or her immediate supervisor setting forth in succinct terms the reason for the grievance, and a copy of the grievance must be lodged simultaneously by the employee with the Office of the Mayor. Failure to file a timely grievance shall constitute a waiver of the aggrieved employee's right to use the grievance procedure and any right of redress for matters subject to the grievance procedure.
(1) 
Step 1. Within five working days of the date on which a timely grievance is filed, the aggrieved employee and his or her immediate supervisor will meet to discuss the grievance. Within five working days following the date of that meeting, the supervisor will advise the aggrieved employee in writing of the supervisor's position on the grievance.
(2) 
Step 2. If the grievance is not resolved or explained to the satisfaction of the aggrieved employee at Step 1, then within five working days following receipt of the supervisor's written response, the aggrieved employee may request a meeting with his or her department head to discuss the matter. The employee and his or her department head shall meet within five working days after the employee's request is received by the department head, and the department head will state his or her position in writing to the employee within five working days following their meeting.
(3) 
Step 3. If the grievance is still unresolved, following receipt of the department head's written position, then the employee, within five working days of receipt of the department head's written position, may request the Mayor to meet with him or her and the department head for further discussion of the matter. That meeting will be held within 10 working days following receipt by the Mayor of the aggrieved employee's request. This Step 3 shall be skipped when the Mayor is acting in the capacity of a department head.
(4) 
Step 4. If the grievance involves a suspension or termination, within five working days of receipt of official notice the employee may request the Mayor in writing to convene the Grievance Board. The Grievance Board shall meet to hear the unresolved grievance within 20 working days following its appointment. The hearing will be conducted in accordance with procedures established by the Board. The grievant and any witnesses he or she may wish to testify on his or her behalf shall have the right to appear before the Grievance Board and present evidence in support of the grievant's position. The aggrieved employee's department head or designee shall have the same right to appear before the Board and present his or her position, including witnesses in support thereof.
B. 
The Mayor shall assist the Grievance Board and the parties to the grievance hearing in making sure that all of the evidence relevant and material to the issue is presented to the Grievance Board for its consideration. The Mayor, however, shall not be a member of, or have a vote on, the Grievance Board. Within 30 calendar days following the conclusion of the hearing, the Grievance Board shall prepare and submit to the Town Council a written report containing its findings, conclusions and recommendations. Copies of the Grievance Board's report shall be given to the grievant, the department head whose decision is at issue, and the Mayor.
C. 
The Town Council will review the findings, conclusions and recommendations of the Grievance Board and advise the parties to the dispute of its determination no later than 45 calendar days following receipt of the Grievance Board report and recommendation. The Town Council shall conduct such a review in closed session so long as the terms of State Open Meetings Act[1] allow closure and the requirements of that Act are met. Neither the Mayor, supervisor, department head, employee nor attorney for the employee shall be present for such review or entitled to participate or offer additional evidence at that review.
[1]
Editor's Note: See State Government Article, §§ 10-501 through 10-512, of the Annotated Code of Maryland.
D. 
The Town Council shall have full discretion to adopt or reject the recommendation of the Grievance Board in whole or in part or to remand the matter to the Grievance Board for further hearing and resubmission. The determination by the Town Council shall be final and binding on the parties.
Where a timely grievance is filed by an employee of the Office of the Mayor and the Mayor is acting as the department head of said office, the Mayor shall recuse himself or herself from participation in the grievance procedure except as the interested department head, and the Mayor's role in the orderly operation of the grievance procedure shall be assumed and performed by the Chairperson of the Grievance Board.
A grievance involving a suspension or termination may be filed by the aggrieved employee at Step 4 of the grievance procedure within five working days of receipt by the employee of official notice of his or her suspension or termination.
All grievances shall be submitted in writing on the standard Grievance Report Form available in the Town Hall and shall include the following information:
A. 
Employee name;
B. 
Employee class title;
C. 
A succinct statement of the reason for the grievance and that section(s) of the Personnel Ordinance allegedly violated;
D. 
The date on which the grievance arose;
E. 
The relief sought, and
F. 
Pertinent information, such as names of witnesses, if applicable.
A. 
Grievances must be timely filed in accordance with the grievance procedure provisions of this Division A in order to invoke the grievance procedure. Once a timely grievance has been filed, it should be processed without delay by all parties, unless there is mutual written agreement between the party seeking to extend a time limit and the Mayor.
B. 
In the event a grievant fails to adhere to any of the time limits set forth in this subtitle, the grievance shall be considered satisfied and resolved on the basis of the last statement of position received by the grievant.
C. 
Where a supervisor or department head fails to adhere to any of the time limits set forth herein, the grievance shall automatically proceed to the next step in the grievance procedure.
D. 
For the purposes of the time limits specified herein, a working day shall mean any day on which the Town Hall is open.
An aggrieved employee shall have the right to have a fellow employee present during any step of the grievance procedure or to be represented by an attorney at a Grievance Board hearing regarding a suspension or termination. The presentation of any grievance without fear of reprisal shall be considered the right of each employee.