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MEMORANDUM
TO: SEWARD CITY COUNCIL
FROM: WILLIAM A. EARNHART
RE: REVISIONS TO ORDINANCE 2018-003 (GRIEVANCE PROCESS)
CLIENT: CITY OF SEWARD
FILE NO.: 507,486.1006
DATE: JUNE 21, 2018
1. In SCC 3.40.015, we deleted the last sentence regarding abuse of the
grievance process. Untruthful and abusive conduct can/will be addressed through
existing policies.
2. We have amended the grievance process to include alleged violations of
Code in the hearing process along with questions of substantive discipline. The reason
being is to assure that important issues of terms of employment and pay may be
addressed through a formal hearing, while less substantial matters such as policy
interpretations are resolved more expeditiously. This also is the logical division
between the policy and administrative management.
3. We changed from having a citizen's panel as the appeal board to the
appointment of an arbitrator, either through the State Office of Administrative hearings
or from a list of three qualified attorneys or arbitrators. Having a neutral arbitrator is a
process that exists in every labor agreement and although there is an expense involved
in paying for the arbitrator, the Office of Administrative Hearings is willing to negotiate a
substantially lower cost for the City.
The downside to a volunteer citizen's panel includes scheduling
difficulties, but the bigger issue is that it blurs the line between legislative and quasi-
judicial. Unlike a citizen's Board, such as P&Z, an administrative hearing officer in a
grievance is not to make policy, but is to interpret law and facts as they apply to an
individual issue. Further, many grievances require the interpretation and possible
application of law, including due process. The biggest advantage of having a hearing
officer is neutrality. When the judge is someone who is not a party to local knowledge
or bias in regard to the grievant or the administration, they can hear the case with an
open mind without fear of alienating friends, acquaintances, or customers. The
expansion of the internet and the pervasive use of social networking have made it more
and more difficult to avoid influences outside the hearing and remain neutral.
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REDLINED VERSION
Sponsored by:Hunt
Introduction:June 11,2018
Public Hearing: June 25,2018
Enactment: June 25,2018
CITY OF SEWARD,ALASKA
ORDINANCE 2018-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, TO REVISE SEWARD CITY CODE 3.40, GRIEVANCE
PROCEDURE.
WHEREAS,the current grievance procedure was drafted in 1977 and last updated in 2000;
and
WHEREAS, the current grievance procedure requires a citizen appeal board for all
grievances,regardless of the nature of the complaint;and
WHEREAS,the current time limits are not practical;and
WHEREAS,the current procedure provides the same process for all grievances regardless of
due process rights;and
WHEREAS,the proposed amendments provide more practical time limits;and
WHEREAS, the proposed amendments provide a heightened procedure for significant
disciplinary matters.
NOW THEREFORE,THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA,
HEREBY ORDAINS that:
Section 1. Seward City Code Section 3.40 is amended as follows:
(Deletions are Bold Strikerroughs;Additions are Bold Underline;June 25th edits in italics)
Chapter 3.40.Grievance Procedure
3.40.010.Policy
3.40.015.Discussion of a problem with supervisor.
3.40.020.Definition of a grievance.
3.40.0125.Supervision of grievance procedure.
3.40.030.Grievance procedure steps.
3.40.035.Employee representation.
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3.40.0540.Time limits.
3.40.0545.Extension of time limits.
3.40.0650.No discrimination or reprisals.
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. Pursuant to SCC 3.25.035(a),probationary employees,including
seasonal employees, are excluded from this grievance procedure, but may approach their
supervisor or the appropriate authority to report violations of City code or policy. Each
fegiilatioits The presentation of any grievance shall be the right of each employee without fear of
reprisal.
The purpose of this article is to resolve disputes at the lowest level possible. Informal
resolution is encouraged.The City has an open-door policy and all employees are encouraged
to discuss matters of concern with members of management,including the City Manager at
any time,without having to file a formal grievance.
(Ord 437, 1977)
3.40.015.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. No employee shall be intimidated, harassed,
retaliated against or reflect in their evaluation because they bring forward a problem,concern
or grievance. 1ewevcv 41411 al phtese- 1111,grtewwzrree-txitievgory-he-srahh eipline-in
(Ord 437,1977;Ord 2000-011,r,5 1,2000)
3.40.020.Definition of a grievance.
A grievance is a written complaint by the employee or group of employees alleging a
specific violation of rights under or failure to apply a section or sections of the city charter,city
code, personnel rules and regulations or misapplication or interpretation thereof, or
departmental rules and regulations, which directly pertain to the terms or conditions of
employment of such employee or group of employees by the City of Seward.
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A grievance is not to resolve general complaints or concerns regarding other employees.
Complaints are resolved at the department level. Personnel policies and Code guide the
behavior and actions of employees; the grievance process addresses the violation,
misapplication or interpretation,or neglect of those policies and Code.
Where there is disagreement about whether a matter is defined as a complaint or a
grievance,the appointing authority's decision shall prevail. Where an employee disagrees with
the appointing authority's decision, the employee may document the disagreement for
placement in their personnel file.
(Ord 437,1977)
3.40.0125.Supervision of grievance procedure.
The appointing authority(City manager,or in regard to the City Clerk's office,the City
Clerk,) 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 and Personnel Officer informed of all grievances in progress.
Assistance in understanding the grievance procedure will be provided by the Personnel
Officer if requested.
(Ord 437, 1977;Ord. 610, 1988; Ord 95-05)
employees:
(Ora 437 19721
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3.40.030.Grievance procedure steps.
A. General grievances.
Disciplinary grievances involving dismissal,demotion,or unpaid suspension of more
than one week for regular non-appointed employees will proceed directly to hearing in section
B below.A-grievanee—All other grievances shall be handled in the following manner:
Step I. _ ... .
An employee shall present their grievance to their immediate supervisor within fifteen(15)
working days from the time of occurrence of the problem. The supervisor shall attempt to
resolve the problem within ten(10)working days after the grievance is timely received from
the employee.
Step 2. . _ .•. .. • , . . . . . . . . .
If the employee has not received an answer from the immediate supervisor within ten (10)
working days,or if the employee feels the answer received is not satisfactory,s/he will reduce
to writing the facts and circumstances of the grievance and present the written statement to
their Department Head within ten(10)working days after the supervisor's deadline in Step
One. The Department Head will investigate the grievance and meet with the employee to
discuss the grievance within five (5) working days. The Department Head will notify the
employee of their decision within five(5)days following the meeting date.
In regard to employees of the Office of the City Clerk,non-disciplinary grievances not resolved
at Step 1 will be forwarded to Council in a confidential informational memorandum and will
not proceed to Step 3.
Step 3. _ .. , • _ . . . . . . . . . . . • .. . .
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• • • • •• • .., . , . . . :•• • • . . . • • • .If the employee has not received
an answer from the Department Head within five(5)working days,or if the employee believes
the answer received is not satisfactory,s/he may appeal in writing to the City Manager within
five(5)working days after the supervisor's final deadline in Step Two.The City Manager,or
Acting City Manager,will investigate the grievance and meet with the employee to discuss the
grievance within five(5)working days.The City Manager,or Acting City Manager,will notify
the employee of their decision within five (5) days following the meeting date. For any
grievance not involving a substantive disciplinary action(unpaid suspension of more than one
week,demotion or termination of employment,)and not involving the violation,misapplication,
or interpretation or neglect of federal,state.or city code,the decision of the City Manager is
final.
The City manager shall maintain a confidential file containing all Step 3 grievance responses
and will provide a general summary of the prior year for review by the City Council annually
in executive session,without identifying specific employee information.
Step-4.
-• -of-the-appointing-authority uthfrrity inFiteireeeeli+rg
stdrFoFdis-eipihmry-filet a inwdvitro-dismi:sc+'ls-demotioifrof-wPaid:shsPem+ion
o the-0fi'ee-oftiee(ity-CleM. eta-eNnployce-a groeep-eef cm rtovees-taact +cel st-et
•. • . . l-heard-4y-ruhi g--a- •far a hearing la the
shall--consist-of-tltree-pe ont1')=available-supervisery and'n¢xe-
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persoft romm-tt to listrtt -emplvvee:sl tllwelee-t-one iterson,from-the.Fist-,tn ,lie-third
person.shall-be andua ly agreed upon. ln-tlre-event.of-inability-to-alxree arra-third
mpunt)er-tl -employee-and-app ,ting-fnrtlaairit;•'-will-edterfeotaly.strike-name,rom
they list until only-o �+
mem -1Jteempla gee e-;gisetr-tirefirst-epportanity-to-strike--a-namefi-a-u she
efl>tfri .. .. •'ed •. aiafrl
dotaotapt�ly: . . .
ditf1,84ditt54-theT•wFml rtherti4C•h•e•oft-drrty-cat•t e.time refthe-hear-int-Witnesses
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CITY OF SEWARD,ALASKA
ORDINANCE YEAR-XXX
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substantiate-the-diseipiine r,Fr d/or-the severity,o the diseipfine: falx board-shall
Fubmit-fr-ikrinett-r.`port of-itsfaldiirgs-flFddeterminations-lt3 all interestec parties
wtthitr f+. -ork4tr -ckfvs..after-.her.•inn-fe,stirrsrir..... l cfceisi cif the-4+e><rrcf is--clic
final stein with rtt-tfte-cettrtaitai strative-t3rr ess-ref tine-l'ity-r f,5c ravel
B. Significant disciplinary grievances and violations of City Code.
1. iWithin
seven t; c....a..._le_n...dar days fa_n-employees....receipt.--ofa.__timely 1_e!ue...st o.r_• Formatted:Numbered+Level:1+
Numbering Style:1,2,3,...+Start at:1+
arbitration, the Personnel Officer shall secure the assi,enment of a hearing;n icer Alignment:Left+Aligned at: 0.75"+Indentat:
from the State of Office of.4dministrative Hearings, under.4S 44.64..(130(b), 1"
or shall provide the employee with a list of names of at least three (3) Alaskan
arbitrators. To he included on this list. a proposed arbitrator shall be a member in
good standing with the Alaska Bar Association.preferably with at least fee(3)years
of experience in employment law;be a current or retiredjudge with the Alaska Court
System: or be an arbitrator in good standing with a recognized state or national
association of arbitrators. such...as the .4merieeln Arbitration Association. The
employee shall have seven(7)calendar iltm from receipt of the list to select an
arhitratorfrom the list. Once an arbitrator is appointed theparties shall copse r with
the arbitrator and select an acceptable date for the arbitration. Unless otherwise
noted by the director, the arbitration shall he held at City flall.
2. The arbitrator shall conduct the hearing according to generally accepted standards. Formatted:Numbered+Level:1+
Numbering Style.1,2,3,...+Start at:1+
and proceduresfor grievance arbitration. Thefixt that the City may have considered Alignment:Left+Aligned at: 0.75"+Indent at:
the merits of the strievance at any point of the.grievance procedure shall_not 1'
constitute a wailer of the City'stight to contest thearbitrabilit,}of the urrclerli sag
grie.urur':..
• Formatted:Indent:First line: 0"
3. The employee may he represented at arbitration by a duly authorized r•epreserrtative..• Formatted:Numbered+Level:1+
Numbering Style:1,2,3,...+Start at:1+
if the employeewill he represented at arbitration, written notice a l such
Alignment:Left+Aligned at: 0.75"+Indent at:
representation shall he provided to the Personnel Officer at least ten(10)calendar 1"
days hef ire the date set for the arbitration. Once the Personnel Officer receives
notice of such representation, the City shall communicate directly with the
representative on crll matters concerning the arbitration,unless otherwise agreed to
by the representcttiye_ _......,
• Formatted:Indent:First line: 0"
4. The arbitrator shall have no authority_tcadd to,alter,delete,or modify any statute.- Formatted:Numbered+Level:1+
regulation, ordinance, or labor agreement, or to issue any award on a matter not Numbering Style:1,2,3,...+Start at:1+
gr' ;Alignment:left+Aligned at: 0.75"+Indentat: j
raised in the complaint filed by the employee. The arbitrator shall not_make any 1"
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CITY OF SEWARD,ALASKA
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award involving payment to a partyfor events, actions, or omissions giving rise to
the grievance,
• Formatted:Indent:First line: 0"
5. The decision ofi/u arhitrator.shall be final and binding onall parties and shall only I Formatted:Numbered+Level:1+
be subject to appeal in the court in accordance with AS 9.43.!20 Numbering Sryle.1,z,3,...+Start at:l+ ;
J 1! superiorAlignment:Left+Aligned at: 0.75"+ •Indentat: :.
9.43.150. Either party may make application to the superior court to enforce a 1"
decision of the arbitrator.
• Formatted:Indent:First line: 0"
6. In the application of this .section. the term "employee" shall include tin' duff Formatted:Numbered+Level:1+
Numbering Style:1,2,3,...+Start at 1+
authorized representative of the employee who alleges a grievance. Alignment:Left+Aligned at: 0.75"+Indentat:
• 1"
_othingin this section shall be construed toprevent settlement._ofcc_grieva ce.,.by' Formatted:Indent:First line: 0'
mutual agreement ement c f the parties at any time The spt rzst s of the arbitrator,shall be Formatted:Numbered+Level:1+
borne by the citZ. Numbering Style:1,2,3,...+Start at:1+
Alignment:Left+Aligned at: 0.75"+Indent at:'.
• 1"
8. Submission of a grievance to arbitration sha/l not act as a stay ofanv action unless a< Formatted:Indent:First line: 0"
stay is expressly approved by the manager or his designee. Formatted:Numbered+Level:1+
• Numbering Style:1,2,3,...+Start at:1+
•
9. The provisions f)r grievance or arbitration contained in this section shall not apply' Alignment:Left+Aligned at: 0.75"+Indentat:
to employees who have not successfully completed the probationaryperiod required
Formatted:Indent:First line: 0"
by Code at the time of the alleged action or omissions, or to executive employees.
Formatted:Numbered+Level:1+
Probationary employees maybe sul c1 to discipline without grievance appeal or Numbering Style:1,2,3,...+Start at:1+
•
ply-disciplinary hearing and may be terminated in accordance s itha5(C Alignment Left+Aligned at 0.75"+Indentat:
1"
3.25.035(a).
Formatted:Default Paragraph Font,Font:
Italic
3.40.035.Employee representation. Formatted:Font:Not Bold,Italic,Font color:
Auto
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)
preeeetufe.
(Ord. 437, 1977)
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ofredress t..thec urta
• • I • I I ' • III I I I I
3.40.0540.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 initiation of 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.
•
(Ord. 437, 1977;Ord. 610, 1988; Ord. 2000-011,§1, 2000)
3.40.05+45. 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 the grievance procedure may be eliminated by mutual consent. Mutual consent shall be
indicated in writing and shall be signed by all parties. Although all efforts should be made to
comply with the time limits for initiation and completion of the steps in this grievance
procedure,each time limit may be waived for excusable neglect or impossibility such as illness
or planned leave.
(Ord. 437, 1977; Ord. 610, 1988)
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3.40.0650.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)
Section 2. This ordinance shall take effect ten days following its enactment,but does not
apply to current grievances at Step 2 or above.
PASSED AND APPROVED by the City Council of the City of Seward,Alaska,this
day of 2018.
THE CITY OF SEWARD,ALASKA
David L.Squires,Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Brenda Ballou,CMC
City Clerk
(City Seal)
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