§ 14. Grievance procedure.

A.

Any full-time employee, other than an employee during the orientation period, may make a complaint about or appeal any decision relating to the circumstances of his employment except:

(1)

A salary recommendation, unless an employee can demonstrate both that there has been a significant departure from established office procedures and such departure significantly affected the managerial decision.

(2)

A promotional decision, except where an employee can demonstrate that established promotional policies or procedures were either not followed or were unfairly applied.

(3)

Work activity accepted by the employee as a condition of employment.

(4)

Work activity which reasonably may be expected to be part of the employee's regular job position.

(5)

The specific contents (rather than an interpretation of the contents) of any municipal employee personnel ordinance, policy, guideline, or regulation.

(6)

The methods, means, and personnel by which managerial and department head employees choose to carry out the responsibilities properly assigned to the division or office.

B.

(1)

The employee shall first discuss the matter directly with his department head. If, after such discussion, the employee desires to pursue the matter, he shall state the complaint or appeal, in writing. The employee's department head shall meet with and provide a written response to the employee and a copy to the mayor through the city manager within a reasonable time, which shall not exceed seven days.

(2)

If the employee desires to appeal the decision of his department head, he may do so in writing to the mayor through the city manager within five working days after receiving the written response of the department head. The mayor and/or the city manager may meet with the employee and the employee's department head. At (or prior to) the meeting, the employee may submit written documentation and testimony. Oral testimony shall be provided only by the employee and his department head. The mayor shall provide the employee with his written decision concerning the appeal within a reasonable time after the meeting. The decision of the mayor shall be final.

C.

If the employee's department head fails to exercise the responsibilities assigned in this procedure within a reasonable time, without demonstrating good reason to the employee, the employee may appeal to the mayor and/or the city manager as provided in (B)(2).

D.

If, after having begun this procedure, the employee fails to exercise his responsibilities under any step within the specified time frames and without demonstrating reasonable cause for his failure to do so, the complaint or appeal shall be permanently terminated.

E.

At any stage of this procedure, the most recent decision that has been rendered on the complaint or appeal shall remain in full force until such time as that decision has been upheld, reversed, or modified.

(Ord. No. 2002-016, 5-20-2002)