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HomeMy WebLinkAboutOrd2018-003Sponsored by: Hunt Introduction: June 25, 2018 Public Hearing: July 9, 2018 Public Hearing: July 23, 2018 Public Hearing: August 13, 2018 Enactment: August 13, 2018 CITY OF SEWARD, ALASKA ORDINANCE 2018-003 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 Stril eughs; Additions are Bold Underline; June 25 h 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. 3.40.020. Definition of 3.40.030. Grievance procedure steps. CITY OF SEWARD, ALASKA ORDINANCE 2018-003 3.40.035. Employee representation. 3.40.0-540. Time limits. 3.40.0-545. Extension of time limits. 3.40.O650. 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. Eaeh employee of the eity will be provided ample opportunity to under -stand find resoke matters affeeting employment whieh the employee doeuments as being a violation of rules and regulatieThe 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. Where an employee disagrees with the supervisor's decision regarding a complaint, the employee may document the disagreement for placement in their personnel file. If the problem is not settled, the problem may be defined as a grievance, and 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. (Ord. 437, 1977, Ord. 2000-011, $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 CITY OF SEWARD, ALASKA ORDINANCE 2018-003 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. 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. (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 Clerkj 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) A grievanee is lotion by the allegin" a written eomplaint employee or failure to group of employees of the eity ehar-ter-, eit�, s peeifie-yio of rights under- or apply a seetion or seetions interpretation thereof, o eode, personnel rules and regulations or misappliention or departmental rules and regulations, whieh direetly pertain to the City the terms or eonditions of sueb of Seward. employment of sueh employee or group of employees_by Any employee having a problem regarding employment shall first and promptly diseuss the problem with the immediate if the problem is not settled and the problem is CITY OF SEWARD, ALASKA ORDINANCE 2018-003 1 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 1. The aggrieved employee or group of employees shall present the grievenee or -ally to the period. The supen,isor- shall give ply within three working days of the date o presentation of the g i t ineluding the date of immediat within five working days of its oeeurrenee, not ineluding the day of the 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. If the emalovee 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• if the.grievanee Step 2, if the grievanee of any other- employee or- group of employees is not settled in Step 2j the writte - . shidl be presented along with all pertinent eor-r-espondenee, reeords and nformation neeumulated to date tothe 1 CITY OF SEWARD, ALASKA ORDINANCE 2018-003 manager shaH reply to the grievenee in writing within working days of the date of presentation of the written grievanee, not ineluding the day of presentation. 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 Manaeer, will notify the employee of their decision within five (5) days following the meeting date. For any grievance not involvine 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 Manaeer is final. The City manaeer shall maintain a confidential file containing all Step 3 grievance responses and will provide a eeneral summary of the prior year for review by the City Council annually in executive session, without identifying specific employee information. B. Significant disciplinary grievances and violations of GO Code. 1. Within seven (7) calendar days of an employee's receipt of a timely request for arbitration, the Personnel Officer shall secure the assignment of a hearing officer from the State of Alaska Office ofAdministrative Hearings, under AS 44.64.030(b), or shall provide the employee with a list of names of at least three (3) Alaskan arbitrators. To be included on this list, a proposed arbitrator shall be a member in good standing with the Alaska Bar Association, preferably with at least five (5) years of experience in employment law; be a current or retired judge with the Alaska Court System; or be an arbitrator in good standing with a recognized state or national association of arbitrators, such as the American Arbitration Association. The employee shall have seven (7) calendar days from receipt of the list to select an arbitrator from the list. Once an arbitrator is appointed, the parties shall confer with the arbitrator and select an acceptable date for the arbitration. Unless otherwise noted by the director, the arbitration shall be held at City Hall. 2. The arbitrator shall conduct the hearing according to generally accepted standards and procedures for grievance arbitration. The fact that the City may have considered the merits of the grievance at any point of the grievance procedure shall not constitute a waiver of the City's right to contest the arbitrability of the underlying grievance. 3. The employee maybe represented at arbitration by a duly authorized representative. If the employee will be represented at arbitration, written notice of such CITY OF SEWARD, ALASKA ORDINANCE 2018-003 representation shall be provided to the Personnel Officer at least ten (10) calendar days before the date set for the arbitration. Once the Personnel Officer receives notice of such representation, the City shall communicate directly with the representative on all matters concerning the arbitration, unless otherwise agreed to by the representative. 4. The arbitrator shall have no authority to add to, alter, delete, or modify any statute, regulation, ordinance, or labor agreement, or to issue any award on a matter not raised in the complaint filed by the employee. The arbitrator shall not make any award involving payment to a parry for events, actions, or omissions giving rise to the grievance. 5. The decision of the arbitrator shall be final and binding on all parties and shall only be subject to appeal in the superior court in accordance with AS 9.43.120 — 9.43.150. Either party may make application to the superior court to enforce a decision of the arbitrator. 6. In the application of this section, the term "employee" shall include any duly authorized representative of the employee who alleges a grievance. 7. Nothing in this section shall be construed to prevent settlement of a grievance by mutual agreement of the parties at any time. The expenses of the arbitrator shall be borne by the city. 8. Submission of a grievance to arbitration shall not act as a stay of any action unless a stay is expressly approved by the manager or his designee. 9. The provisions for grievance or arbitration contained in this section shall not apply to employees who have not successfully completed the probationaryperiod required by Code at the time of the alleged action or omissions, or to executive employees. Probationary employees may be subject to discipline without grievance appeal or pre -disciplinary hearing and may be terminated in accordance with SCC 3.25.035(a). 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) 1 1 CITY OF SEWARD, ALASKA ORDINANCE 2018-003 Wr,d-.-43 7 1977) Any employee who talies a g6evable issue outside the eity without first attempting4o diseiplinary aetion. However-, nothing in this ehapter- shall be deemed to revoke any legR4 means of redress to the eour-ts. 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. VV �..... ..... be the shall end, exeept if ee shall eonsidered abandoned nad matter- hearing is by the to meet at any time to hold the eaused eity's refusal it be deemed that the has the during that period, shall favor- eity eonsider-ed the gr-ievanee aeeor-dingj�- to be in of the grievant and shall resolve matter (Ord. 437, 1977; Ord. 610, 1988; Ord. 2000-011, § 1, 2000) 3.40.0545. 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 CITY OF SEWARD, ALASKA ORDINANCE 2018-003 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) 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 (10) days following its enactment, but does not apply to current grievances at Step 2 or above. ENACTED by the City Council of the City of Seward, Alaska, this 13'h day of August, 2018. THE CITY OF SEWARD, ALASKA Cam. wALw ) Davi Squires, Mayor AYES: Keil, Seese, Horn, Towsley, Casagranda, McClure, Squires NOES: None ABSENT: None ABSTAIN: None ATTEST: r Brenda J. Ballou, MMC +: A 9 C: 4 v C I e p k City Clerk (City Seal)