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HomeMy WebLinkAbout01222018 City Council Work Session Grievance MEMORANDUM Meeting Date:January 22, 2018Work Session From:Brenda Ballou,City Clerk Agenda Item:Employee Feedback on Grievance Procedure BACKGROUND & JUSTIFICATION: Atthe December 11, 2017 City Council meeting, in preparation for a City Council work session scheduled forJanuary22, 2018, the City Clerk was directed to accept anonymous feedback from employees about where the grievance procedure failed to provide them with a fair hearing. On December 18, 2017, the City Clerk sent an email to “all users” soliciting feedback, providing a summary of the grievance procedure as outlined in Seward City Code Sections 3.40.020 –3.40.030. Following is the employee feedback received from eleven(11) employees,correlated to the steps in the grievance process: Step 1 Employee made supervisor aware (verbally) several times over a period of time; supervisor listened each time, but provided no response to employee. Step 2 Employee provided written grievance to department head; department head responded that it was a complaint, not a grievance. Employee provided written grievance to department head; department head provided no response to employee. Employee provided written grievance to department head; department head did not respond in a timely manner; employee escalated grievance to Step 3. Employee provided written grievance to department head; department head said it was a complaint, not a grievance, because it didn’t cite code/policy. Step 3 Employee provided written grievance with detailed documentation to city manager; city manager did not respond. Employee provided written grievance to city manager with request to have appeal board hearing; city manager disallowed the request. Employee provided written grievance to city manager; city manager met with employee to discuss grievance; city manager indicated grievance was valid, but later declared the grievance invalid. Employee provided written grievance to the city manager; employee was informed by city manager that there was no actionable grievance. Employee provided written grievance to city manager; city manager said he would not allow itto go to Step 4. Employee provided written grievance to city manager twice requesting to move to Step 4; city manager not willing to move forward. EMPLOYEE REQUESTS & SUGGESTIONS: Someof the employees who provided feedback, and several others who did not provide grievance feedback but wanted to have some input, offered suggestions about what they thought could be done to improve the process. Employee suggestionsand requestsinclude: rd Hire an outside (3party) HR firm to audit the city’s practices Separate HR reporting so that it becomes its own department, reporting directly to the city manager Hire an HR firm and outsource the department completely Are all employees able to use the grievance procedures (e.g., temporary, seasonal, probationary)? Keep a running list on hand of citizens who are willing to volunteer on an appeal board “I need help navigating through the process so I know the right way to do it” Hire an outside HR firm to install new procedures Provide more training for the HR department Clarify the proper use of the grievance procedures so that it cannot be misused or abused (i.e., supervisors and department heads need protection, too) Createan employee handbook that outlines policies and procedures (beyond city code) Provide training for all employees to learn how to recognize bullying and how to handle it Document and publish procedures so that every employee knows the rules and is treated equally and fairly Who do I go to if my problem is with the city manager? Seward City Code Section 3.40 Grievance Procedure Chapter 3.40. - Grievance Procedure 3.40.010. - Policy. It is the policy of the City of Seward to treat all employees equitably and fairly in matters affecting their employment. Each employee of the city will be provided ample opportunity to understand and resolve matters affecting employment which the employee documents as being a violation of rules and regulations. The presentation of any grievance shall be the right of each employee without fear of reprisal. (Ord. 437, 1977) 3.40.015. - Supervision of grievance procedure. The appointing authority shall oversee the handling of all employee grievances so that they are processed in accordance with the procedures stated in this chapter. Supervisors and department heads shall keep the appointing authority informed of all grievances in progress. (Ord. 437, 1977; Ord. 610, 1988; Ord. 95-05) 3.40.020. - Definition of a grievance. A grievance is a written complaint by the employee or group of employees alleging a violation of a section or sections of the city charter, city code, personnel rules and regulations, or departmental rules and regulations, which pertain to the terms or conditions of such employment by the City of Seward. (Ord. 437, 1977) 3.40.025. - Discussion of a problem with supervisor. Any employee having a problem regarding employment shall first and promptly discuss the problem with the immediate supervisor. If the problem is not settled and the problem is defined as a grievance, the employee has the right to present the grievance in accordance with the procedure outlined in section 3.40.030. (Ord. 437, 1977; Ord. 2000-011, § 1, 2000) 3.40.030. - Grievance procedure steps. A grievance shall be handled in the following manner: Step 1. The aggrieved employee or group of employees shall present the grievance orally to the immediate supervisor within five working days of its occurrence, not including the day of the occurrence. Pre-grievance discussion required in section 3.40.025 will not extend the five day period. The supervisor shall givean oral reply within three working days of the date of presentation of the grievance, not including the date of presentation. Step 2. If the grievance is not settled in Step 1, it shall be prepared in detail, shall be reduced to writing, dated, signed bythe aggrieved employee or group of employees and shall be presented to the department head within five working days after the supervisor's oral reply is given. The department head shall reply in writing to the grievance within five working days of the date of the presentation of the written grievance, not including the day of the presentation. Seward City Code Section 3.40 Grievance Procedure Step 3. If the grievance of an employee or group of employees in the city clerk department is not settled at Step 2, the employee or group of employees shall proceed directly to Step 4. If the grievance of any other employee or group of employees is not settled in Step 2, the written grievance shall be presented along with all pertinent correspondence, records and information accumulated to date to the city manager within five working days after the department head's response is given, not including the day the response is given, with a copy going to the department head. The city manager may meet with the aggrieved employee or group of employees, the immediate supervisory personnel and the department head. The city manager shall reply to the grievance in writing within five working days of the date of presentation of the written grievance, not including the day of presentation. Step 4. a.If not satisfied with the decision of the appointing authority in the preceding step, an employee or group of employees may request a hearing before an appeal board by submitting a request for a hearing to the appointing authority within five working days after receiving the decisionfrom which the appeal is taken, not including the day the decision is received. The appeal board shall consist of three people chosen from a list of available local representatives of management and labor who are not City of Seward employees or elected city officials. The appointing authority will select one person from the list, the employee shall select one person from the list and the third person shall be mutually agreed upon. In the event of inability to agree on a third member, the employee and appointing authority will alternately strike names from the list until only one name remains. The remaining name will be the third board member. The employee will be given the first opportunity to strike a name from the list. The appeal board will agree to designate one of its members as chairman. b.The board shall conduct the hearing expeditiously and in a manner to obtain a clear understanding of the facts. The procedure shall be informal. Technical rules regarding evidence and witnesses do not apply. Witnesses will be considered on duty status if they would otherwise be on duty at the time of the hearing. Witnesses shall be encouraged to express themselves fully without fear of intimidation or reprisal. The hearing shall be recorded. c.The board shall submit a written report of its findings and determinations to all interested parties within five working days after hearing testimony. The decision of the board is the final step within the administrative process of the City of Seward. (Ord. 437, 1977; Ord. 95-05; Ord. 2000-011, § 1, 2000) 3.40.035. - Employee representation. Each employee shall be afforded an opportunity to be represented at each of the above steps by a representative of his/her choice. Employees shall contact and discuss their problems with their representative only during break periods, lunch hour, before or after work or at any other time when they are not on duty. However, grievance hearings may be held during work hours. (Ord. 437, 1977; Ord. 2000-011, § 1, 2000) 3.40.040. - Disciplinary action. All appeals from disciplinary action shall be initiated at Step 3 of the grievance procedure. (Ord. 437, 1977) Seward City Code Section 3.40 Grievance Procedure 3.40.045. - Violation of grievance procedure. Any employee who takes a grievable issue outside the city without first attempting to resolve said problems in accordance with the grievance procedure shall be subject to disciplinary action. However, nothing in this chapter shall be deemed to revoke any legal means of redress to the courts. (Ord. 437, 1977; Ord. 610, 1988; Ord. 2000-011, § 1, 2000) 3.40.050. - Time limits. (a)If the grievance procedures are not initiated within the time limits established by this chapter, the employee shall be considered as having waived his/her right to grieve the particular violation and initiationof a grievance for the same act or omission is thereafter barred. (b)Any grievance not taken to the next step of the grievance procedure within the time limits established by this chapter shall be considered settled on the basis of the last reply made and received in accordance with the provisions of this chapter. (c)If the city fails to meet or answer any grievance within the time limits prescribed for such action by this chapter, such grievance shall automatically advance to the next step. (d)If the grievance hearing before the appeal board under step 4 of the grievance procedure is not held within 90 days from the date of the hearing request, the grievance shall be considered abandoned and the matter shall end, except if failure to hold the hearingis caused by the city's refusal to meet at any time during that period, it shall be deemed that the city has considered the grievance to be in favor of the grievant and shall resolve the matter accordingly. (Ord. 437, 1977; Ord. 610, 1988; Ord. 2000-011,§ 1, 2000) 3.40.055. - Extension of time limits. The time limits prescribed in this chapter for the initiation and completion of the steps of the grievance procedure may be extended by mutual consent of the parties so involved. Likewise, any step in thegrievance procedure may be eliminated by mutual consent. Mutual consent shall be indicated in writing and shall be signed by all parties. (Ord. 437, 1977; Ord. 610, 1988) 3.40.060. - No discrimination or reprisals. Employees are entitled to have grievances resolved without fear of recrimination or penalty. Employees shall be free from interference, restraint, coercion, discrimination or reprisal in utilizing or for utilizing the grievance procedures contained in this chapter. Employees shall be free from interference, restraint, coercion, discrimination or reprisal in testifying in a grievance procedure conducted under this chapter. (Ord. 437, 1977; Ord. 92-23) GRIEVANCE PROCEDURE A GRIEVANCE IS a written complaint by the employee or group of employees alleging a violation of a section or sections of the city charter, city code, personnel rules and regulations, or departmental rules and regulations, which pertain to the terms or conditions of such employment by the City of Seward. PRE-GRIEVANCE Any problem regarding employment shall first and promptly be discussed with the immediate supervisor; if not settled, the employee has the right to proceed to the grievance process. THE GRIEVANCE PROCEDURE STEPS Step 1 -verbal grievance made to immediate supervisor within 5 days of the occurrence -supervisor provides verbal reply within 3 working days Step 2 -written grievance (signed & dated) presented to department head within 5 working days -department head provides written reply within 5 working days Step 3 -written grievance plus all pertinent correspondence, records, and information presented to City Manager within 5 working days, and a copy to department head -City Manager may meet with the aggrieved, the immediate supervisor, and the department head -City Manager provides written reply within 5 working days - they go directly to Step 4 Step 4 -the aggrieved may request a hearing before an appeal board by submitting a request to the City Manager within 5 working days -Appeal Board consists of 3 people chosen from a list of management and labor who are not city employees or elected officials (see list strike procedure) -hearing is informal, witnesses may speak freely, and hearing shall be recorded -Appeal Board provides written report of its findings to all parties within 5 working days -Appeal Board decision is final 3.40.030 171218 OTHER CONSIDERATIONS EACH EMPLOYEE may have a representative of his/her choice at each step throughout the process: Employee shall contact/discuss their problems with the representative only when they are not on duty APPEALS from disciplinary action shall be initiated at Step 3 of the grievance procedure. A VIOLATION of the grievance procedure happens when a grievable issue is taken outside the city without first trying to resolve it through the grievance procedure and is subject to disciplinary action. TIME LIMITS limits prescribed Any grievance not taken to the next step in the process within the prescribed time limits shall be considered settled by the last reply made If the city does not meet the time limits prescribed, the grievance automatically advances to the next step If the employee is not willing or able to have a step 4 appeal hearing within 90 days of the hearing request, the grievance shall be considered abandoned and the matter shall end If the city is not willing or able to have a step 4 hearing within 90 days of the hearing request, the ruling will be in favor of the aggrieved and the matter shall be resolved accordingly BY MUTUAL CONSENT, any of the time limits may be extended, and any of the steps may be eliminated (mutual consent shall be in wring and signed by all parties). EMPLOYEES are entitled to have grievances without fear of recrimination or penalty, and shall be free from interference, restraint, coercion, discrimination, or reprisal for using or testifying in the grievance procedure. 3.40.060 171218