2.36.360 Grievance procedure.
A. A grievance is an alleged violation, misinterpretation or misapplication of the employer-employee resolution, the personnel rules and regulations, any memorandum of agreement with an employee association or any existing written policy or procedure relating to wages, hours or other terms and conditions of employment excluding disciplinary matters.
B. Any employee may file and process a grievance by providing the time, place and circumstances of the action prompting the grievance. Employees may be accompanied by a representative at each step of the process. If a specific action to be grieved affects several employees, those employees may consolidate their grievances and be represented.
C. Each grievance shall be handled in the following manner:
1. The employee who is dissatisfied with the response of the immediate supervisor shall discuss the grievance with the supervisor’s immediate superior. If the matter can be resolved at that level to the satisfaction of the employee, the grievance shall be considered terminated.
2. If still dissatisfied, the employee may immediately submit the grievance in writing to the department head for consideration, stating the facts on which it was based, including the provision of the rules, regulations or agreement said to be violated, and the proposed remedy. This action must take place within fifteen business days of the occurrence of the grievance. The department head shall promptly consider the grievance and render a decision in writing within fifteen business days of receiving the written grievance. If the employee accepts the department head’s decision, the grievance shall be considered terminated.
D. If the employee is dissatisfied with the department the employee may immediately submit the grievance in writing to the personnel director within five business days of receiving the department head’s decision. The personnel director shall confer with the employee and the department head and any other interested parties, and shall conduct such other investigations as may be advisable.
E. The results or findings of such conferences and investigations shall be submitted to the city administrative officer in writing within fifteen business days of receiving the employee’s written request. The city administrative officer will meet with the employee if the employee so desires before rendering a decision with respect to the complaint. The city administrative officer’s decision shall be in writing and given to the employee within fifteen business days of receiving the personnel director’s results and findings. Such decision shall be final unless employee desires a review of the decision.
F. If the employee desires a review of the decision the procedure is as follows:
1. Personnel board (for all except employees represented by police officers’ [SLOPOA] or firefighters’ [SLOFA] associations): the employee will have five business days following receipt of the city administrative officer’s decision to submit a written request to the personnel board through the personnel director for review of the decision. The personnel board within thirty business days shall review the record and either (1) issue an advisory opinion to the city administrative officer, or (2) conduct a hearing on the matter. If a hearing is held, an advisory opinion shall be rendered by the board within ten business days of the close of such hearing. If an opinion signed by at least three members of the personnel board recommends overruling or modifying the city administrative officer’s decision, the city administrative officer shall comply or appeal this recommendation to the council. Such appeal shall be filed with the city cleric within three business days of the board’s action. If appealed, the council shall review the case on the record and render a final decision within fifteen business days of submittal.
2. Hearing officer (for employees represented by SLOPOA or SLOFA):
a. The employee will have five business days following receipt of the city administrative officer’s decision to submit a written request to the personnel director for review of the decision. The personnel director will obtain a list of five potential hearing officers from the State Mediation and Conciliation Service. Then following a random determination of which party (city or appellant) begins, parties shall alternatively strike one name from the list until only one remains.
b. Within thirty business days the hearing officer shall review the record and conduct a hearing on the matter. Within ten business days the hearing officer shall render a decision which shall be final.
c. Any dispute regarding the eligibility of an issue for the grievance process may be appealed through the process ultimately to the hearing officer who shall decide on the eligibility prior to ruling on the merits.
d. Any fees or expenses of the hearing officer shall be payable one-half by the city and one-half by the appellant. All other expenses shall be borne by the party incurring the expense.
e. The city reserves the right to make the hearing officer’s opinion advisory or to replace the hearing officer position in the grievance process with the personnel board for an employee organization after July 1993, provided that:
i. The hearing officer has ruled on at least five separate grievances Sled by the members of the employee organization; and
ii. The city has been sustained in at least sixty-five percent of the determinations on grievances filed by members of the employee organization. (Ord. 1147 § 1 (part), 1989: prior code § 2707)