The purpose of this procedure is to secure resolution of an appeal or a dispute at the lowest administrative level possible.
A. 
Definitions.
(1) 
An appeal is a request for review of a disputed disciplinary action, including termination, involuntary demotion, disciplinary leave, or written warning.
(2) 
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.
(3) 
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.
(4) 
The term "working day(s)" shall not include any holidays or weekends.
B. 
Application and utilization.
(1) 
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.
(2) 
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.
C. 
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.
D. 
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.
E. 
Confidentiality and rights.
(1) 
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.
(2) 
The appeal/dispute resolution processes shall not be used for alleged civil rights violations.
(3) 
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.
F. 
Interpretation. Interpretations regarding this policy shall be the responsibility of the Director of Public Service.
A. 
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.
B. 
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.
C. 
The department supervisor shall consult with the Director of Public Service.
D. 
After consultation, the department supervisor shall present a written response to the employee within five working days of receipt of the request for review.
(1) 
Copies of the response shall be forwarded to the employee, to the Director of Public service and to any appropriate supervisor(s).
E. 
The decision of the Director of Public Service is final and not subject to further appeal.
A. 
The employee may file an appeal within five working days of the date the written warning was issued to the employee.
(1) 
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.
(2) 
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.
(3) 
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.
(4) 
Copies of the written response shall be forwarded to any other appropriate supervisor(s) and/or Director of Public Service.
A. 
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.
B. 
The Director of Public Service, or his/her designee, shall schedule a hearing.
(1) 
The hearing should be held no later than 10 working days from the date the appeal was filed with the Director of Public Service.
(2) 
The hearing procedures are set forth in Appendix C.
C. 
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.
D. 
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).
E. 
A copy of the written decision will be placed into the employee's personal file.