[Ord. of 7-1-1963, § 1]
As used herein the following terms shall have the meanings respectively
ascribed:
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.
Any office, department, board, commission or other agency
of the government of the city.
Any person directly employed and compensated by the city,
except persons employed in the legislative or judicial branch thereof.
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.
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, § 5]
(a)
Establishment, purpose. A Grievance Board of three
members is hereby established to hear appeals from decisions of department
heads on grievances.
(b)
Appointment of members. The members of this Board
shall be appointed by the City Administrator, to serve at the pleasure
of the City Administrator.
(c)
Action by members. A hearing of any matter before
the Grievance Board may be conducted by any one or more members of
the Board, designated by the Board to act on its behalf; provided,
however, that if less than the full Board presides at such a hearing,
the member or members thereof conducting such hearing shall render
a report thereon to the full Board, and the full Board shall thereupon
make its report.
(d)
Vote required. Two concurring votes shall be necessary
to determine any official report or action of the Grievance Board.
(e)
Funds, supplies, facilities, personnel. Necessary
funds, supplies, facilities and personnel to implement the operation
of the Grievance Board shall be provided by the Common Council.
(f)
Rules and regulations. The Grievance Board may make
and amend rules and regulations for the conduct of its proceedings
not inconsistent with the provisions of this Article. A complete and
up-to-date set of such rules and amendments shall be kept on file
in the City Chamberlain's office.
[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, § 3]
(a)
Presentation. An employee who claims to have a grievance
shall present his grievance to his immediate supervisor orally, within
two days after the grievance occurs.
(b)
Investigation. The immediate supervisor shall discuss
the grievance with the employee, shall make such investigation as
he deems appropriate and shall consult with his superiors to such
extent as he deems appropriate, all on an informal basis.
(c)
Decision. Within three days after the presentation
of the grievance to him, the immediate supervisor shall make his decision
and communicate the same to the employee presenting the grievance
and to the employee's representative, if any.
[Ord. of 7-1-1963, § 4]
(a)
Request for review. If an employee presenting a
grievance be not satisfied with the decision made by his immediate
supervisor, he may, within five days thereafter, request a review
and determination of his grievance by the department head. Such request
shall be in writing and shall contain a statement to the specific
nature of the grievance and the facts relating to it. Such request
shall be served upon both the department head and the immediate supervisor
to whom the grievance was originally presented. Thereupon, and within
two days after receiving such request, the immediate supervisor shall
submit to the department head a written statement of his information
concerning the specific nature of the grievance and the facts relating
to it.
(b)
Hearing. The department head or his nominee may,
and at the request of the employee shall, hold a hearing within five
days after receiving the written request and statement from the employee.
The employee and his representative, if any, may appear at the hearing
and present oral statements or arguments.
(c)
Decision. Within five days after the close of the
hearing, or within eight days after the grievance has been submitted
to him if there be no hearing, the department head or his nominee
shall make his decision and communicate the same to the employee presenting
the grievance and to the employee's representative, if any.
[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.
