11-17-2021 Council Packet - Laserfiche WebLink

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49 SECTION 22 23 - GRIEVANCE PROCEDURE An employee who has a grievance may avail himself/herself of the grievance procedure in this section. The employee must present a grievance in writing, stating the nature of the grievance, the facts on which it is based, and the remedy requested within ten (10) days of the action from which the grievance arises or the date upon which the employee became aware of the grievable action. Such employee must submit his/her written grievance in the following sequence: (1) First step, the appropriate supervisor. (2) Second step, the City Administrator. (3) Third step, the City Council. The decision in a grievance shall be made as follows (except that failure to receive a decision within the timelines stated shall entitle the employee to proceed to the next step): (1) The decision in the first step shall be rendered within ten (10) working days of presenting the grievance at the first step level. The employee may appeal the first step decision by filing an appeal with the City Administrator within fifteen (15) working days after the first step hearing date. (2) The decision in the second step shall be rendered within ten (10) working days of presenting the grievance at the second step level. The employee may appeal the second step decision by filing an appeal with the City Administrator within fifteen (15) working days after the second step hearing date. (3) The decision in the third step shall be rendered within fifteen (15) working days of presenting the grievance at the third step level. (4) Time frames may be extended with the mutual agreement of both parties. Employees shall be entitled to representation of their own choosing in appealing any grievance decision. Waiver If a grievance is not presented within the time limits set forth above, it will be considered “waived.” If a grievance is not appealed to the next step in the specified time limit or any agreed extension thereof, it will be considered settled on the basis of the city’s last answer. If the city does not answer a grievance or an appeal within the specified time limits, the employee may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The following actions are not grievable: • While certain components of a performance evaluation, such as disputed facts reported to be incomplete or inaccurate are challengeable, other performance evaluation data, including subjective assessments, are not. • Pay increases or lack thereof. The above list is not meant to be all inclusive or exhaustive.