§ 2-212.01. Grievance policy disciplinary matters.

The grievance procedure is established to provide opportunity to regular full-time and regular part-time employees who have successfully completed their initial probationary period to appeal disciplinary actions more serious than a written reprimand under section 2-211. The submission of an appeal by an employee in good faith shall in no way adversely affect the employee or his employment with the city.

Step 1—Department Head

(1) The employee may appeal the discipline in writing by filing his appeal with the department head, his administrative assistant, or the HR within five (5) working days from receipt of notice of disciplinary action.

(2) The appeal shall be in writing, and shall include:

a. The date the grievance arose.

b. The policy, rule, and/or procedure claimed to have been violated.

c. A statement of the facts as seen by the employee.

d. The relief requested.

(3) The department head shall meet with the employee within five (5) working days after receipt of the grievance. The department head shall give the employee an opportunity to explain his position, and listen to any witnesses the employee brings to the meeting. The department head may require other employee witnesses to be present or may conduct further investigation into the matter on his own. The department head shall give a written answer to the employee within five (5) working days after the investigation is completed.

Step 2—Appeal From Department Head Decision

(1) Appeals from the department head decision over suspension without pay and demotion, shall be made directly to the city manager in writing within five (5) working days of the decision of the department head in Step 1.

(2) Appeals from the department head decision over a termination may be made to either the hearing board in Step 3 or directly to the city manager as outlined in Step 4. The appeal shall be in writing to HR within five (5) working days of the decision of the department head in Step 2.

Step 3—Hearing Board Terminations

When a termination is appealed in a timely fashion to the hearing board, the board shall meet with the employee and the department head, give them an opportunity to explain their respective positions, listen to any witnesses they wish to present, call any witnesses the board feels will be helpful in making its recommendation, review all documents submitted, and make a recommendation to the city manager.

Step 4—City Manager

(1) In the case of an appeal to the hearing board, the recommendation of the hearing board and all documents it considered will be forwarded to the city manager for his review. In such cases as well as a direct appeal to the city manager of termination, suspension without pay or demotion, the city manager will:

a. Give both the employee and the department head an opportunity to explain their positions;

b. Consider the information before him;

c. Further investigate the matter if he feels it is necessary; and

d. Make the final decision for the city.

(Ord. No. 2001-08, § 1, 6-19-01)