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APPENDIX I <br />GRIEVANCE PROCEDURE <br /> <br />Section 1. Grievance Procedure <br /> <br />Any dispute between an employee and the Cityrelative to the application, meaning or <br />interpretation of these personnel policies will be settled in the following manner: <br />Step 1: The employee must present the grievance in writing, stating the nature of the grievance, <br />the date at which the incident allegedly occurred, the facts on which it is based, the provision or <br />provisions of the personnel policies allegedly violated, and the remedy requested, to the proper <br />supervisor within twenty-one days after the alleged violation or dispute has occurred. The <br />supervisor will respond to the employee in writing within seven calendar days. <br />Step 2: If the grievance has not been settled in accordance with Step 1, it must be presented in <br />writing, stating the nature of the grievance, the date at which the incident allegedly occurred, <br />the facts on which it is based, the provision or provisions of the Personnel Policies allegedly <br />violated, and the remedy requested, by the employee to the City Administrator within seven days <br />after the supervisor’s response is due. The City Administrator or their designee will respond to <br />the employee in writing within seven calendar days. <br />The decision of the City Administrator is final for all disputes with exception of those specific <br />components in a performance evaluation subject to a challenge through the Minnesota <br />Department of Administration. <br />Section 2. Waiver <br />If a grievance is not presented within the time limits set forth above, it will be considered <br />“waived.” If a grievance is not appealed to the next step in the specified time limit or any agreed <br />extension thereof, it will be considered settled on the basis of the city’s last answer. If the City <br />does not answer a grievance or an appeal within the specified time limits, the employee may <br />elect to treat the grievance as denied at that step and immediately appeal the grievance to the <br />next step. The time limit in each step may be extended by mutual agreement of the City and the <br />employee without prejudice to either party. <br />The following actions are not grievable: <br />• While certain components of a performance evaluation, such as disputed facts reported <br />to be incomplete or inaccurate are challengeable, other performance evaluation data, <br />including subjective assessments, are not. <br />• Pay increases or lack thereof; and <br />• Merit pay awards. <br />The above list is not meant to be all inclusive or exhaustive. <br />