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HomeMy WebLinkAbout02122018 City Council Laydowns 2f/a2 i3 (11,0,42.5 ID °5 — Sponsored by: UAJ"VcA AI ) Introduction: Public Hearing: Enactment: 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,AND ADDING ARBITRATION PROVISION. 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 ; Additions are Bold Underline) Chapter 3.40. Grievance Procedure 3.40.010. Policy. 3.40.015. Supervision of grievance procedure. 3.40.020. Definition of a grievance. 3.40.025. Discussion of a problem with supervisor. 3.40.030. Grievance procedure steps. 3.40.035. Employee representation. 507486\1006\00684961 • CITY OF SEWARD,ALASKA ..)Lf ORDINANCE YEAR-XXX "l d 0\ . � 3.40.0540. Time limits. 2 ' 3.40.05445. Extension of time limits. ' 3.40.0650. No discrimination or reprisals. . 01 �?�` • 1 y„to A 3.40.010. Policy. e 'l It is the policy of the City of Seward to treat all a ployees equitably and fai y in matters : ecting their employment. Pursuant SCC 3.25.035(A),probationary employees re excluded for', this •rievance s rocedure but ma a. •roach their su i ervisor or the a i .ro.Hate ority to report violations of City code or policy. .• • • • •• . . • • . • • • • • . • • . . • • . . . - . • _ . . • . . . • • . • . •_ . . . 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 and is proud of its 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) .40.015. 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 Human Resources informed of all grievances in progress. Assistance will be provided by the Human Resources Director if requested, including those employees who cannot read or write or have a language problem , (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 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 such employment of such employee or group of employees by the City of Seward. A grievance is not to resolve general policy complaints or concerns regarding other employees. et p t / n L3 O ClM GG.V,,v / ES \Int be,54vr.iii-e-it it‘t 7-A4-ideff- loti-e-L 507486\1006\00684961 (AP/VA,t , _ , c f) ,-- F ? - • 04411" , N? t rk --1 , bapt,,,,,,,-- , ppiei CITY OF SEWARD,ALASKAQ, " ORDINANCE YEAR-XXX 1 . kof kC) ijr (Ord. 437, 1977 9i))%d11:46110,) 3.40.0 .. 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 ac ord ce with th rocedure outlined in section 3.40.030. 'a.t.. . 1�.4..} ._..t,►`i.--"-1 6h IN'Ll (Ord. 437, 1 77; Ord. 2000-011, 1, 2000) ' x V " Q (+ . Wu2 - . '-ik'' 1.40.030. Grievance procedure steps. ` A. General grievances. Disciplinary grievances invoing dismissal, demotion, or unpaid suspension of permanent non-executive employees will proceed directly to hearing in section B below. A grievanceAll other grievances shall be handled in the following manner: Step1. __ : - : : -- : _ : . : : - - : : -- • . . - - • - _- - .. - . . . - 2An employee shall present his grievance to his immediate supervisor within five` working days from the time of occurrence of the problem. The supervisor shall attempt to resolve the problem within five S54 working days after the aint is made to him. I 0 Ci ei.apaiNC.0 Step 2. If the employee has not received an answer from the immediate supervisor within five ($5 I working days,or if the employee feels the answer received is not satisfactory,he will reduce to writing the facts and circumstances of the pr m and present the written statement to his Department Head within five working days afte the supervisor's deadline in Step One.The Department Head will inves ig to the grievance nd meet with the employee to discuss the grievance within five worki days.The Depa ment Head will notify the employee of his decision within fiv C. ays fol owing the meetin date. 507486\1006\00684969 4 CITY OF SEWARD, ALASKA ORDINANCE YEAR-XXX 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. Step3. -- _ - .. - . . - . . -- . _ . . . . - . . - - , • - ;-- -- - - ' . . - -, . • .. -: -- .. -- - .. • ' : - -, - . . . _ _ . ... --- - - .. - -- en. If the employee has not received an answer f . the Department Head within five(5)working days,or if the employee feels the answ received is not satisfactory,he may appeal in writing to the City Manager within five(5 ' orking days after the supervisor's deadline in Step Two. The City Manager, or If . •' 'ee, will investigate the grievance and meet with the employee to discuss the grievance within five (5) working days. The City Manager,or his designee,will notify the employee of his decision within five(5)days following the meeting date. For any grievance not involving suspension of more than...0icweel or termination of employment, the decision of the City Manager is final. Q� The Cityinnager sh 1 aintain a confidential file containing all step 3 grievance responses and will 1 rovide a summary of the I rior ear for review b Ci Council annuall as part of the\Manager's review process �A Ow, �, oV\ 1"C'''cy Step 4. , B. Significant disciplinary grievances. V41CST 4 . IMIP *rt I a. _ ;. _ For disc pJin actions involving dismissal,demotion or unpaid suspension �etmaneirt-r m- ecutive employees,an employee may request a hearing before an ap board by submitting a request for a hearing to the appointing authority within fik rking days after receiving the decision from which IQ the appeal is taken, ,, including the day the decision is received.The appeal board p shall consist of thr� �"'ople chosen from a list of available local represents ' of r,tmanagement and labor who are not City of Swd e ar emp oyes or e ected city *s)( W 4, officials.The appointing authority will select one person from the list,the employee (2' J shall select one person from the list and the third person shall be mutually agreed l O' .O pon. In the event of inability to agree on a third member, the employee and S appointing authority will alternately strike names from the list until only one name ppiel"P ' 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. hn-1444744404-t- 7-- 507486\1006\00684961 c.1-4/60-Y- = PCV L /14-41-44;1-e-1-0 CWYI.Pi✓ ! v---Lo CITY OF SEWARD,ALASKA ORDINANCE YEAR-XXX b. The board shall conduct the4iearing 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 sole issue to be determined by the board is whether there was lust cause to substantiate the discipline. The board shall submit a written report of its findings :, ^� and determinations to all interested parties within five working days after hearing x 1 testimony. The decision of the board is the final stepwithin the administrativ Y Is. process of the City of Seward. A (Ord 437, 1977; Ord. 95-05; Ord. 2000-011, §1, 2000) �CA 3.40.035. Employee representation. h J Each employee shall be afforded an opportunity to be represented at each of the above steps a representative of his/her choice.Employees shall contact and discuss their problems with their ere) Y P 0,1 11 , 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. ;ez.„-- ' (Ord. 437, 1977; Ord. 2000-011, §1, 2000) „,„)," {Ord 437, 1977) S �9Q) • • . . . . . . . CIT : • : • : - : • : •. - : • • , ; : ; • : • ; • • ; : ; " : : • : • "• • : : • : • : ; •:1 t, means-ef-redr-ess-te-the-estirts7 \.!' {Ord 437, 1977; Ord. 610, 19&8; Ord. 2000 011, § 1, 2000) ul 3.40.0540. Time limits. 507486\1006\00684961 CITY OF SEWARD,ALASKA ORDINANCE YEAR-XXX thereafter�.,, oa .. . _ .. .. � (d) If the grievance hearing before the appeal board under step 'I of the grievance • - - (Ord. 437, 1977; Ord. 610, 1988; Ord 2000-011, §1, 2000) 3.40.0555. 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) 3.40.0560. 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) 1 Section 2. This ordinance shall take effec en days following its enactment, but does not apply to current grievances at Step 2 or above. 507486\1006\00684961 . CITY OF SEWARD,ALASKA ORDINANCE YEAR-XXX PASSED AND APPROVED by the City Council of the City of Seward,Alaska,this day of 2018. THE CITY OF SEWARD, ALASKA David Squires, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda allou, C City C k (City Seal) 507486\1006\00684961 Chapter 3.40. Grievance Procedure 3.40.010. Policy. 73.40.015. Supervision of grievance procedure. 3.40.020. Definition of a grievance. 3.40.025. Discussion of a problem with supervisor. 3.40.030. Grievance procedure steps. 3.40.035. Employee representation. 3.40.040. Time limits. 3.40.045.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 are excluded from this grievance procedure, but may approach their supervisor or the appropriate authority to report violations of City code or policy. 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 and is proud of its 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. 3.40.015. 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 Human Resources informed of all grievances in progress. Assistance will be provided by the Human Resources Director if requested,including those employees who cannot read or write or have a language problem. 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. A grievance is not to resolve general policy complaints or concerns regarding other employees. 1 507486\1006\00688906 3.40.025. Discussion of a problem with supervisor. Any employee having a problem regarding employment shall first and promptly discuss the problem with their 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. 3.40.030. Grievance procedure steps. A. General grievances. Disciplinary grievances involving dismissal, demotion,or unpaid suspension of permanent non-executive employees will proceed directly to hearing in section B below. All other grievances shall be handled in the following manner: Step 1. An employee shall present his grievance to his immediate supervisor within five(5)working days from the time of occurrence of the problem.The supervisor shall attempt to resolve the problem within five (5)working days after the complaint is made to him. Step 2. If the employee has not received an answer from the immediate supervisor within five(5) working days, or if the employee feels the answer received is not satisfactory, he will reduce to writing the facts and circumstances of the problem and present the written statement to his Department Head within five (5) working days after the supervisor's deadline in Step 1. 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 his 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 employee has not received an answer from the Department Head within five (5) working days, or if the employee feels the answer received is not satisfactory, he may appeal in writing to the City Manager within five(5)working days after the supervisor's deadline in Step 2. The City Manager, or his designee, will investigate the grievance and meet with the employee to discuss the grievance within five(5)working days.The City Manager,or his designee,will notify the employee of his decision within five (5) days following the meeting date. For any grievance not involving suspension of more than two weeks or termination of employment,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 summary of the prior year for review by a City Council subcommittee annually as part of the Manager's review process. 507486\1006\00688906 B. Significant disciplinary grievances. a. For disciplinary actions involving dismissal, demotion or unpaid suspension of permanent non-executive employees, an employee may request a hearing before an appeal board by submitting a request for a hearing to the appointing authority within five(5)working days after receiving the decision from 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 sole issue to be determined by the board is whether there was just cause to substantiate the discipline.The board shall submit a written report of its findings and determinations to all interested parties within five (5) working days after hearing testimony. The decision of the board is the final step within the administrative process of the City of Seward. 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. 3.40.040. 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. 507486\1006\00688906 f. 3.40.045.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. 507486\1006\00688906 2/12/2018 Gmail-City Policies for council meeting cU / 1/? / ' tosi ' t1'tcl Ristine Casagranda <sewardhom s@gmail.com> City Policies for council meeting 1 message Carol Griswold <cgriz@ak.net> Mon, Feb 12, 2018 at 1:40 PM To: Mayor David Squires <dlsquires@cityofseward.net>, Vice Mayor Marianna Keil <mkeil@cityofseward.net>, Rissie Casagranda <rcasagranda@cityofseward.net>, Sue McClure <smcclure@cityofseward.net>, Suzi Towsley <sztowsley@cityofseward.net>, Erik Slater<eslater@cityofseward.net>, Marianna Keil <laelia@yahoo.com>, Rissie Casagranda <sewardhomes@gmail.com>, Sue McClure <suemccl@gmail.com>, SuZI TOWSLEY <sewardsooz@yahoo.com>, Erik Slater<erikslater@gmail.com>, Jeremy Horn <jhorn@cityofseward.net> Cc: Ron Long <rlong@cityofseward.net>, Kris Erchinger<kerchinger@cityofseward.net>, Brenda Ballou <bballou@cityofseward.net>, Jackie Wilde <jwilde@cityofseward.net> February 12, 2018 Dear Council, Re: Title 3.40 Grievance Procedure and other policies I would appreciate your mention of the following documents at the February 12 City Council meeting so that they can become part of the public record: Complaint Procedure Policy, Personnel Appeal Board application, Exit Interview form, 360-degree Supervisor Evaluation form, and City of Seward Organizational Chart. The Complaint Procedure Policy has undergone many changes, and will probably be further modified. I believe it is a tremendous improvement over the existing Grievance Procedure and will be helpful for the February 13 Grievance Policy work session. I attended the January 22 Grievance work session, listened to the recording afterwards, referred to the APEA Bargaining Agreement, studied our Seward code, and researched conflict resolution, grievance, and complaint procedures on-line. This most recent revised Complaint Procedure incorporates suggestions from the work session, recommendations from on-line policies, and feedback I received throughout the many revisions to make it better. The title was broadened from Grievance Procedure to Complaint Resolution Procedure, and separates the informal process from the grievance/formal complaint process. Some of the sections were rearranged to make the process more logical, and definitions and stipulations added for clarity. The classification of employees was defined as well as which employees are eligible for the formal/grievance process. The ability of supervisors to use the process against their superiors but not their subordinates was added. The procedure for suspended or discharge employees was clarified. All employees including discharged employees have the right to submit an exit interview, which the city should be very interested in to make improvements. https://mail.google.com/mail/u/1/?ui=2&ik=6661205540&jsver=FOnR4BGjAPw.en.&view=pt&search=inbox&th=1618c2d47e01 b0a0&sim1=1618c2d47e01 b0a0 1/2 2/12/2018 Gmail-City Policies for council meeting • The city does not have a policy of conducting exit interviews, or a format for such exit interviews, so I compiled an Exit Interview to be adopted as policy. The time to file a complaint was increased from 5 days to 30 working days as it may take time for the employee to assess what is happening and get organized, and the superiors' time to respond was increased for fairness. HR was added to 3.40.015 as recommended in the work session. HR is an essential part of the complaint procedure as a resource, referee, and source of policy information, and keeper of the records. The importance of neutrality and confidentiality was stressed. Note that many other cities have greatly expanded the roles for HR, which the city may wish to pursue. The Personnel Appeal Board process was clarified and renamed and an application created for this board. A 360-degree Supervisor Evaluation form was compiled which formalizes the process of gathering valuable information from employees with the intent to make our city personnel better. The current Seward Organizational Code was updated: Assistant City Manager was added under City Manager. Under Public Safety, Fire and Building Inspection were separated. I added DMV and placed DMV, Jail and Animal Control under Police. Enterprises box(Electric, Water, Sewer, Harbor/SMIC)was eliminated and each given their own categories. The three Boards and Commissions were added for clarity. HR is not included in the city's Comprehensive Annual Financial Reports or 2030 Comprehensive Plan organizational charts. HR needs to be neutral and confidential and independent of Finance and the City Manager. This needs to be addressed. Thank you for your consideration. Carol Griswold 6 attachments • 02-12-18 Conflict Resolution Procedure Ietter.pdf 46K Complaint Procedure 13.pdf 140K .FI CITY OF SEWARD ORGANIZATIONAL CHART 8.pdf 1693K 11-it Personnel Appeal Board 3.pdf 115K City of Seward exit interview 3.pdf 150K 360 degree supervisor evaluation 2.pdf 121K https://mail.google.com/mail/u/1/?ui=2&ik=6661205540&jsver=FOnR4BGjAPw.en.&view=pt&search=inbox&th=1618c2d47e01b0a0&sim1=1618c2d47e01b0a0 2/2 February 11, 2018 Suggested revision of the grievance process submitted by Carol Griswold Seward, Alaska Code of Ordinances Title 3: Personnel Chapter 3.40 Complaint Resolution Procedure 3.40.010 Policy The City of Seward values its employees. The purpose of this policy is to promote fair and reasonable working conditions and provide a process for all non-union, current, suspended, and terminated employees to resolve internal employment-related complaints. This policy is intended to provide fair and prompt consideration to all employee complaints with the assurance that his/her confidences will be respected. The city prohibits retaliation against any employee who participates in the complaint resolution process. Supervisors, department heads, and the city manager shall ensure that an employee filing a complaint has the opportunity to proceed and be heard at any level of the complaint procedure. The city encourages complaint resolution at the lowest possible administrative level. All employees, including emergency, temporary, term, on-call, seasonal, probationary, part- time, full-time regular, and union employees are protected against sexual harassment and workplace harassment. Sexual Harassment complaints are addressed in Title 3: Personnel, Chapter 3.75.010 Workplace harassment complaints are addressed in Title 3: Personnel, Chapter 3.75.020 Employees represented by a union may be governed by the appropriate bargaining unit agreement addressed in Title 3: Personnel, Chapter 3.01.020 Scope (B), Chapter 3.65 Collective Bargaining. All employees, including emergency, temporary, term, on-call, seasonal, probationary, part- time, full-time, and union employees are protected by all federal and state laws relating to the protection of civil rights and employment laws and regulations including Affirmative Action (AA), and Equal Opportunity(EEO). These are addressed in Title 3: Personnel, Chapter 3.01.015 (5). 3.40.020 Definitions: A. Department head:means each of the following: the finance director, manager of engineering and construction, the manager of electric utility, public works director, the harbormaster, the chief of police, the fire chief, the director of parks and recreation, and the librarian. (Chapter 3.01.035 (d)) B. Appropriate administrator is either the city clerk for employees of the city clerk department, or the city manager for all other employees. C. All employee definitions are found in 3.01.035. Regular employee means an employee in a regular position, full-time or part-time, who has successfully completed all probationary periods and is not a temporary, seasonal, on-call or emergency employee. 1 Seasonal employee means an employee hired on a seasonal basis with an expectation to return to their position consistent with the city's needs. Term employee is an employee in a position, full or part-time, that is designed for a specified period of time of more than nine months and less than two years for a specific purpose or project. A person hired for a term appointment shall be hired under the same provisions and have the same benefits as a regular employee as noted in 3.25.040 with exceptions noted in 3.25.050. D. Time measurements: In the application of this section, "working day" shall exclude Saturdays, Sundays, and city holidays. E. Informal Complaint An issue brought forth by an employee concerning the workplace that may include, but is not limited to, working conditions, performance, policies, procedures, or problems with co-workers or supervisors. An informal complaint is not a formal complaint/grievance as defined below. F. Formal Complaint/Grievance:A formal procedure to deal with an issue concerning demotion, suspension, or termination of employment and/or alleging a violation of a section or sections of the city charter, city code, policies, personnel rules and regulations, or department rules and regulations, which pertain to the terms or conditions of such employment with the City of Seward. A formal complaint/grievance is usually appropriate when: • the person complaining wants to do it formally • informal complaint attempts have failed • the allegations are serious • discipline is a possible outcome if the allegations are substantiated • the allegations are denied and the person complaining wants to try to substantiate them • the person complaining has been victimized for complaining • the complaint is against a superior such as a supervisor, department head, or administrator and a formal procedure helps ensure the aggrieved employee is not disadvantaged. 3.40.025 Stipulations A. Emergency, temporary, on-call, seasonal, and probationary employees are only allowed to participate in the informal complaint procedure. They are not eligible to participate in the formal complaint/grievance procedure. B. Only regular part-time, full-time, and term employees are allowed to participate in the formal complaint/grievance procedure. Employees who have been suspended or discharged will proceed directly to Step 4 of the formal complaint/grievance procedure. C. All discharged employees, including emergency, temporary, term, on-call, seasonal, probationary, part-time, full-time regular, and union employees, shall have the option of completing the standardized exit interview. (3.40.095) D. The city clerk, city attorney, city manager and union employees are not eligible to participate in the complaint resolution procedure. 2 E. Supervisors are eligible to participate in the complaint resolution procedure but shall not grieve subordinates. F. Supervisors will provide the employees involved in the complaint resolution procedure adequate time away from their duties for proper due process. G. Commencement: A complaint must be initiated within 30 working days after an employee knew or should have known of the act or condition upon which the grievance is based. Failure of the employee to comply with this time limit shall operate as a waiver of the grievance. H. It is expected that the timeframes outlined in this complaint resolution procedure be adhered to. At each step of the procedure, the time requirements may be extended by mutual agreement. Any unforeseen delay will be promptly communicated to either party. I. Step procedure established: Any complaint shall be handled as follows with each step to be taken only if a satisfactory adjustment cannot be obtained in the previous step or if the complaint is with the superior in that step. In the case of such complaint, the complaint shall proceed to the next step. J. Settlements:_Nothing in this section shall be construed to prevent settlement of a complaint by mutual agreement of the parties at any time. 3.40.030 Supervision of the complaint resolution process The appropriate administrator, either the city clerk for employees of the city clerk department, or the city manager for all other employees, shall oversee the handling of all employee complaints so that they are processed in accordance with the procedures stated in this chapter. Supervisors and department heads shall keep the appropriate administrator informed of all informal complaints and formal complaints/grievances in progress. Human Resources (HR) shall keep copies of the records, serve as a resource for policy information, and neutral referee of the process. HR shall be free to assist employees without disclosing personnel discussions or confidential information with anyone in their chain of command. (Ord. 437, 1977; Ord. 610, 1988; Ord. 95-05) 3.40.040 Employee representation Each employee shall be afforded an opportunity to be represented at every step of the complaint resolution process 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, appeal board grievance hearings may be held during work hours. (Ord. 437, 1977; Ord. 2000-011, § 1, 2000) 3.40.050 Discussion of a problem with supervisor Any employee having a problem regarding employment shall first and promptly discuss the problem with the supervisor, unless the complaint is with the supervisor. In this case, and if the problem is not resolved, the employee has the right to present the complaint to the next step in accordance with the step procedure outlined in section 3.40.060. 3 3.40.060 Complaint Resolution Procedure A. Informal Complaint Procedure: This procedure encourages employees and supervisors to resolve work standards and performance issues at the lowest possible administrative level. This procedure is available to all employees. Note that a working day excludes Saturday, Sunday, and city holidays. Step 1: Optional meeting with immediate supervisor. The employee who has work-related concerns may, alone or accompanied by a representative, meet within thirty(30) working days with the immediate supervisor to discuss the complaint and try to reach a satisfactory resolution. If that discussion is not possible due to a complaint with the supervisor, or fails to resolve the complaint within five working days from the date the complaint was served, Step 2 will be followed. The complainee shall have five (5) additional working days from conclusion of the date of Step 1 to proceed to Step 2. Failure to do so shall result in a waiver of the complaint. Step 2: Written statement to immediate supervisor Clerk employees shall skip step 2 and go Step 3. The employee shall submit a written, signed statement describing the incident or complaint and the evidence and specific facts upon which it is based, including: personnel involved, events, dates and other information relating to the complaint, and preferred outcome. The statement should be marked, "Personal and Confidential"and addressed to the immediate supervisor within thirty(30) working days after the event(s), not including the day of the occurrence that caused the concern, or within fifteen (15) working days of optional meeting, not including the day of the meeting. Upon receipt of the complaint, the supervisor shall promptly send the employee a written acknowledgement that the statement was received and is under review. The supervisor shall respond to the employee in writing within fifteen (15) working days after the date of complaint or optional meeting. If the concern is not resolved with the employee's supervisor, the employee will proceed to Step 3. The complainee shall have an additional seven (7) working days from conclusion of the date of Step 2 to proceed to Step 3. Failure to do so shall result in a waiver of the complaint. Step 3: Written complaint to department head or city clerk City clerk employees submit statement to city clerk. Other employees submit statement to department head. Employee shall bring the written, signed, dated complaint and supervisor's response to the department head within five (5) working days after receiving the response from the supervisor. Upon receipt, the department head will promptly send employee a written acknowledgement that complaint was received and is under review, mediate with optional meeting as above, and attempt to facilitate a solution satisfactory to all parties. Department head will respond to employee in writing within five (5) working days after receipt of complaint or optional meeting, and advise employee of options. If the parties cannot reach a satisfactory conclusion, the department head will notify all parties that it appears that a satisfactory conclusion is not likely and advise parties of their options. Formal Complaint/Grievance Procedure: Only regular part-time, full-time, and term employees are allowed to participate in the formal complaint/grievance procedure. All appeals from disciplinary action shall be 4 initiated at Step 3. Employees who have been suspended or discharged will proceed directly to Step 4 of the formal complaint/grievance procedure. Written Complaint:An employee's formal complaint must be in writing, dated, and signed by the employee. The complaint must: • Explain the nature of the complaint and the specific circumstances at issue, including personnel involved, events, dates, and other information relating to the complaint; • Identify the issue as concerning termination of employment and/or alleging a violation of a section or sections of the city charter, city code, policies, personnel rules and regulations, or department rules and regulations, which pertain to the terms or conditions of such employment with the City of Seward; and • Identify preferred resolution. Step 1 Complaint to Immediate Supervisor The employee shall submit the complaint to his/her immediate supervisor within thirty (30) working days of the incident that gave rise to the employee's concern, or within thirty(30) working days of incident. Any discussion at the informal complaint level will • not be included in the thirty(30) working day period. Upon receipt of the complaint, the supervisor shall send the employee a written acknowledgement,that the complaint was received and is under review. The aggrieved employee may meet with the supervisor alone or accompanied by a representative, to discuss the grievance. The supervisor shall provide a written response to the employee regarding the complaint within fifteen (15) working days of receiving the written complaint, not including the date of presentation. If the supervisor fails to meet or answer any grievance within the time limits prescribed for such action by this chapter, or if the response is not satisfactory to the employee, such grievance shall automatically advance to the next step. Step 2 Appeal to Department Head In the event there is no response, or the grievance is not satisfactorily resolved at the supervisor's level, the employee may proceed to submit an appeal in writing to the department head within seven (7) working days after the supervisor's response was received or the response period expired. To initiate the appeal the employee must submit a signed and dated grievance that includes: • A copy of the formal complaint; • A copy of supervisor's response; • Reason(s)for disagreeing with the supervisor's response; and • State preferred solution The department head may meet with the aggrieved employee alone or accompanied by a representative, and the immediate supervisor to discuss the grievance. Upon receipt of the complaint, the department head shall send the employee a written acknowledgement that the complaint was received and is under review. The department head shall investigate the appeal and shall provide a written response to the employee within seven (7) working days of the date of presentation of the appeal by the employee, not including the date of presentation. If the department head fails to meet or answer any grievance within the time limits prescribed for such action by this chapter, or if the response is not satisfactory to the employee, such grievance shall automatically advance to the next step. 5 Step 3 Appeal to City Manager An aggrieved employee in the city clerk department shall proceed directly to Step 4. All appeals from disciplinary action excepting suspension or discharge shall start at Step 3, including demotion. Employees who have been suspended or discharged must proceed directly to Step 4. All other employees who still believe the matter has not been satisfactorily resolved at the department head level, may submit a signed and dated written appeal to the city manager within seven (7) working days of receiving the department's written response, or expiration of response period, not including the day the response was given or response period expired. All pertinent, correspondence, records, and documentation from the initial complaint and previous appeals should be included. The city manager may meet with the aggrieved employee, alone or accompanied by a representative, the department head, and the immediate supervisor. Upon receipt of the complaint, the city manager shall send the employee a written acknowledgement that the complaint was received and is under review. The city manager shall reply to the grievance in writing within seven (7) working days of the date of presentation of the written grievance, not including the day of presentation. If the city manager fails to meet or answer any grievance within the time limits prescribed for such action by this chapter, or if the response is not satisfactory to the employee, such grievance shall automatically advance to the next step. Step 4 Personnel Appeal Board: a. The employee, alone or accompanied by a representative, shall have the opportunity for a hearing with the personnel appeal board. If this is an appeal of a disciplinary action including demotion, suspension, or discharge, or alleged violation of the personnel rules and regulations, the employee may request a hearing before a personnel appeal board by submitting a request to the appropriate administrator, either the city clerk or city manger, for a hearing within five(5) working days after receiving the decision from which the appeal is taken, not including the day the decision was received. b. The personnel appeal board shall consist of three(3) people chosen from a current list of 10-12 personnel appeal board volunteers maintained by the city clerk. Appeal board volunteers must be at least 21 years of age, have no criminal record, no prior employment with the city, are not an elected city official, and are registered voters of either the Seward, Bear Creek, or Lowell Point Precincts for at least one year. They shall have no personal relationship, city business dealings or other significant knowledge of or dealings with the employee or the department. Appeal board volunteers term of service shall be 3 years. There shall be no compensation for serving on the appeal board. c. The appropriate administrator, either the city manager or city clerk shall select one person from the list, the employee shall chose one person from the list, and the third person shall be mutually agreed upon to serve on the appeal board. In the event of inability to agree on a third member, the employee will be given the first opportunity to strike a name from the list, then the administrator and employee will alternately strike names from the list until only one name remains. The remaining name will be the third board member. The personnel appeal board will agree to designate one of its members as chair. 6 d. 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. The city prohibits intimidation or retaliation against any witness who participates in the complaint resolution process. The hearing shall be recorded. e. The board shall submit a written report of its findings and determinations to all interested parties within thirty (30) working days after hearing testimony. The decision of the board is the final step within the administrative process of the City of Seward. f. Should either party fail or refuse to abide by the decision of the appeal board, either party will be free to take whatever action it deems necessary and such action will not be considered in violation of this code. (Ord. 437, 1977; Ord. 95-05; Ord. 2000-011, § 1, 2000) 3.40.070 Violations of formal compliant/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, with the exception of the employee's representative, see 3.40.040. 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) 3.40.080 Time limits (a) If the complaint resolution 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 complaint for the same act or omission is thereafter barred. (b) Any complaint not taken to the next step of the complaint resolution 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 complaint within the time limits prescribed for such action by this chapter, such complaint shall automatically advance to the next step. (d) If the grievance hearing before the appeal board under step 4 of the formal complaint/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 hearing is 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) 3.40.085 Extension of time limits. The time limits prescribed in this chapter for the initiation and completion of the steps of the complaint resolution procedure may be extended by mutual consent of the parties so involved. Likewise, any step in the complaint resolution 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) 7 3.40.090 No discrimination or reprisals. Employees are entitled to have complaints resolved without fear of recrimination or penalty. Employees shall be free from interference, restraint, coercion, discrimination or reprisal in utilizing or for utilizing the complaint resolution procedures contained in this chapter. Employees shall be free from interference, restraint, coercion, discrimination or reprisal in testifying in a complaint resolution procedure conducted under this chapter. (Ord. 437, 1977; Ord. 92-23) 3.40.095 Exit interview All discharged employees, including emergency, temporary, term, on-call, seasonal, probationary, part-time, full-time regular, and union employees, shall have the option of completing the standardized Exit Interview. 3.40.096 Supervisor Evaluation All discharged employees, including emergency, temporary, term, on-call, seasonal, probationary, part-time, full-time regular, and union employees, shall have the option of completing the standardized 360-Degree Supervisor's Evaluation form. Excellent resources: http://www.eoc.sa.gov.au/eo-business/employers/dealing-complaints-workplace/complaints- between-staff/formal-complaints http//www.eoc.sa.gpv_au/eo=business/emplloyers/dealing-complaints=workplace/complaints- between-staff/formal-complaints Soldotna Code of Ordinances 2.28.050 Grievance Procedure https_//librarir.municode_com/ak/s...oldotnalcodes/code of ordinances?nodeld=TIT2ADPE CH. 2.28PECO 2.28.050GRPR Questions: at what stage should disciplined and discharged employees enter the complaint procedure? Term employee rights to a formal complaint/grievance needs to be verified. I suggest that term employees are temporary and as such do not have formal complaint/grievance rights Can an appeal board applicant be a prior city employee ie not currently employed? 3.25.050. - Term appointments. The appointing authority, or a department head with the approval of the city manager, may appoint term employees. A term employee is an employee in a position, full or part-time, that is designed for a specified period of time of more than nine months and less than two years for a specific purpose or project. A person hired for a term appointment shall be hired under the same provisions and have the same benefits as a regular employee, except that a term employee appointed to a position of less than one year shall not accumulate annual leave or be authorized military or education leave. However, annual leave shall be credited retroactive to the date of term appointment if a term employee is appointed as a regular employee without a break in service as an employee of the city. (Ord. 92-18; Ord. 95-05; Ord. 95-14; Ord. 2000-011, § 1, 2000) 2/11/18 Carol Griswold 8 CITY OF SEWARD, ALASKA 'i°f sem Organizational Chart 04 7 4440S71, CITIZENS OF SEWARD MAYOR AND CITY COUNCIL BOARDS AND CITY CLERK CITY ATTORNEY I CITY MANAGER COMMISSIONS Historic Preservation Commission Planning and Zoning Commission Port and Commerce Advisory Board ASSISTANT CITY MANAGER HUMAN RESOURCES PUBLIC SAFETY PUBLIC WORKS HARBOR AND SMIC ELECTRIC UTILITY FINANCE COMMUNITY DEVELOPMENT ci ______I_____ PARKS AND RECREATION COMMUNITY POLICE FIRE BUILDING LIBRARY 8c MUSEUM INSPECTION JAIL DMV ANIMAL CONTROL Carol Griswold 2/12/18 • 2/8/2018 Conflict-Resolution-action-chart.jpg CITY OF SEWARD ALASKA CODE TITLE 3: PERSONNEL CHAPTER 3.4o CONFLICT RESOLUTION CONFLICT RESOLUTION ACTION CHART EMPLOYEE CLASS: ACTION CITY CLERK, CITY ATTORNEY, NEGOTIATED CONTRACTS CITY MANAGER UNION O COLLECTIVE BARGAINING UNIT EMERGENCY,TEMPORARY, ON-CALL, INFORMAL COMPLAINT PROCEDURE SEASONAL, PROBATIONARY ONLY REGULAR PART-TIME `INFORMAL COMPLAINT PROCEDURE REGULAR FULL-TIME AND FORMAL COMPLAINT PROCEDURE COMPLAINT: ACTION WORKPLACE WORKING CONDITIONS INFORMAL COMPLAINT PROCEDURE PERFORMANCE, POLICIES, PROCEDURES, PROBLEMS WITH CO-WORKERS OR SUPERVISORS VIOLATION OF TERMS OR CONDITIONS OF FORMAL COMPLAINT PROCEDURE EMPLOYMENT IN SECTIONS)OF CITY CHARTER,CITY CODE, POLICIES, PERSONNEL RULES AND REGULATIONS,OR DEPARTMENT RULES AND REGULATIONS DISCIPLINARY APPEAL PO. FORMAL COMPLAINT STEP 3 SUSPENSION OR TERMINATION O FORMAL COMPLAINT STEP 4 REQUEST TO PROCEED FORMALLY INFORMAL COMPLAINT FAILED ALLEGATIONS ARE SERIOUS ` FORMAL COMPLAINT PROCEDURE DISCIPLINE IS A POSSIBLE OUTCOME ALLEGATIONS DENIED AND COMPLAINEE WANTS TO SUBSTANTIATE THEM COMPLAINEE WAS VICTIMIZED COMPLAINT IS AGAINST SUPERIOR Carol Griswold 2/1/18 https://mail.google.com/mai I/u/1/#search/cgriz%40ak.netl16157aa0fb47b6be?projector=l&messagePartld=0.1 1/1 CITY OF SEWARD ALASKA CODE TITLE 3: PERSONNEL CHAPTER 3.40 CONFLICT RESOLUTION CONFLICT RESOLUTION PROCEDURE FLOWCHART A. INFORMAL COMPLAINT PROCEDURE THIS PROCEDURE IS AVAILABLE TO ALL EMPLOYEES STEP 1: OPTIONAL MEETING WITH IMMEDIATE SUPERVISOR CITY CLERK EMPLOYEE MAY,ALONE OR WITH REPRESENTATIVE, MEET WITH CITY CLERK TO DISCUSS COMPLAINT AND RESOLUTION EMPLOYEE MAY, ALONE OR WITH REPRESENTATIVE,MEET WITH IMMEDIATE SUPERVISOR TO DISCUSS COMPLAINT AND RESOLUTION. IF MEETING OPTION IS DECLINED, PROCEED TO STEP 2 RESOLVED? YES,STOP NO,PROCEED TO NEXT STEP STEP 2: SUBMIT COMPLAINT IN WRITING TO IMMEDIATE SUPERVISOR CITY CLERK EMPLOYEES SHALL SKIP STEP 2 AND GO DIRECTLY TO STEP 3 EMPLOYEE SUBMITS WRITTEN, SIGNED,DATED COMPLAINT INCLUDING RESPONSE FROM MEETING TO IMMEDIATE SUPERVISOR WITHIN 5 DAYS AFTER INCIDENT,NOT INCLUDING DAY OF INCIDENT, OR WITHIN 5 DAYS AFTER OPTIONAL MEETING SUPERVISOR PROMPTLY ACKNOWLEDGES RECEIPT OF COMPLAINT SUPERVISOR RESPONDS TO EMPLOYEE IN WRITING WITHIN 3 WORKING DAYS AFTER RECEIPT OF COMPLAINT OR OPTIONAL MEETING RESOLVED? YES,COMPLAINT CLOSED AND OUTCOME RECORDED NO,PROCEED TO NEXT STEP STEP 3: SUBMIT COMPLAINT TO DEPARTMENT HEAD CITY CLERK EMPLOYEE SUBMITS WRITTEN, SIGNED, DATED COMPLAINT INCLUDING MEETING RESPONSE TO CITY CLERK WITHIN 5 DAYS AFTER INCIDENT,NOT INCLUDING DAY OF INCIDENT OR WITHIN 5 DAYS AFTER OPTIONAL MEETING EMPLOYEE SUBMITS WRITTEN, SIGNED, DATED COMPLAINT INCLUDING SUPERVISOR RESPONSE TO DEPARTMENT HEAD WITHIN 5 DAYS AFTER RECEIVING RESPONSE FROM SUPERVISOR,NOT INCLUDING DAY OF RECEIPT 1 DEPARTMENT HEAD PROMPTLY ACKNOWLEDGES RECEIPT OF COMPLAINT DEPARTMENT HEAD RESPONDS TO EMPLOYEE IN WRITING WITHIN 3 WORKING DAYS AFTER RECEIPT OF COMPLAINT,AND ADVISES EMPLOYEE OF OPTIONS RESOLVED?YES,COMPLAINT CLOSED AND OUTCOME RECORDED NO,PROCEED ONLY IF REGULAR EMPLOYEE B. FORMAL COMPLAINT PROCEDURE THIS PROCEDURE IS ONLY AVAILABLE TO REGULAR EMPLOYEES EMPLOYEES IN CITY CLERK DEPARTMENT SHALL START THE FORMAL PROCESS WITH STEP 2: APPEAL TO DEPARTMENT HEAD,AS THE IMMEDIATE SUPERVISOR IS THE DEPARTMENT HEAD ALL APPEALS FROM DISCIPLINARY ACTION EXCEPTING SUSPENSION OR DISCHARGE SHALL START AT STEP 3:APPEAL TO CITY MANAGER EMPLOYEES WHO HAVE BEEN SUSPENDED OR DISCHARGED MUST BRING COMPLAINT DIRECTLY TO STEP 4: APPEAL BOARD STEP 1: COMPLAINT TO IMMEDIATE SUPERVISOR CITY CLERK EMPLOYEES SHALL SKIP STEP 1 AND START WITH STEP 2. EMPLOYEE SUBMITS WRITTEN, SIGNED, DATED COMPLAINT INCLUDING ALL PREVIOUS RESPONSES AND CORRESPONDENCE TO IMMEDIATE SUPERVISOR WITHIN 5 DAYS OF FINAL DECISION OF INFORMAL COMPLAINT PROCEDURE OR WITHIN 5 DAYS AFTER INCIDENT,NOT INCLUDING DAY OF INCIDENT SUPERVISOR PROMPTLY ACKNOWLEDGES RECEIPT OF COMPLAINT EMPLOYEE,ALONE OR WITH REPRESENTATIVE,MAY MEET WITH SUPERVISOR SUPERVISOR REPLIES TO EMPLOYEE AND ADDRESSES COMPLAINT IN WRITING WITHIN 3 WORKING DAYS NOT INCLUDING DAY OF PRESENTATION OF COMPLAINT RESOLVED? YES,COMPLAINT CLOSED AND OUTCOME RECORDED NO,PROCEED TO NEXT STEP STEP 2: APPEAL TO DEPARTMENT HEAD CITY CLERK EMPLOYEES SHALL START THE PROCESS HERE WITH STEP 2 EMPLOYEE SUBMITS WRITTEN, SIGNED,DATED, DETAILED COMPLAINT INCLUDING ALL PREVIOUS RESPONSES AND CORRESPONDENCE TO DEPARTMENT HEAD WITHIN 5 DAYS OF INCIDENT,NOT INCLUDING DAY OF INCIDENT, OR WITHIN 5 DAYS AFTER COMPLETION OF STEP 1 DEPARTMENT HEAD PROMPTLY ACKNOWLEDGES RECEIPT OF COMPLAINT EMPLOYEE,ALONE OR WITH REPRESENTATIVE,MAY MEET WITH DEPARTMENT HEAD DEPARTMENT HEAD RESPONDS TO EMPLOYEE AND ADDRESSES COMPLAINT IN WRITING WITHIN 5 WORKING DAYS NOT INCLUDING DAY OF PRESENTATION OF COMPLAINT RESOLVED? YES,COMPLAINT CLOSED AND OUTCOME RECORDED NO,PROCEED TO NEXT STEP STEP 3: APPEAL TO CITY MANAGER EMPLOYEES IN CITY CLERK DEPARTMENT MUST SKIP STEP 3 AND BRING COMPLAINT TO STEP 4: APPEAL BOARD ALL APPEALS FROM DISCIPLINARY ACTION EXCEPTING SUSPENSION OR DISCHARGE SHALL START HERE AT STEP 3. EMPLOYEES WHO HAVE BEEN SUSPENDED OR DISCHARGED MUST PROCEED DIRECTLY TO STEP 4:APPEAL BOARD EMPLOYEE SUBMITS WRITTEN, SIGNED,DATED,DETAILED COMPLAINT WITH ALL ACCUMULATED RECORDS,CORRESPONDENCE,AND INFORMATION TO CITY MANAGER WITHIN 5 DAYS OF INCIDENT,NOT INCLUDING DAY OF INCIDENT, OR WITHIN 5 DAYS AFTER END OF STEP 2, WITH A COPY TO DEPARTMENT HEAD CITY MANAGER PROMPTLY ACKNOWLEDGES RECEIPT OF COMPLAINT EMPLOYEE,ALONE OR WITH REPRESENTATIVE,MAY MEET WITH CITY MANAGER, IMMEDIATE SUPERVISORY PERSONNEL,AND DEPARTMENT HEAD CITY MANAGER RESPONDS TO EMPLOYEE AND ADDRESSES COMPLAINT IN WRITING WITHIN 5 WORKING DAYS NOT INCLUDING DAY OF PRESENTATION OF COMPLAINT RESOLVED? YES,COMPLAINT CLOSED AND OUTCOME RECORDED NO,PROCEED TO NEXT STEP 3 STEP 4:APPEAL TO APPEAL BOARD EMPLOYEES IN CITY CLERK DEPARTMENT MUST SKIP STEP 3 AND BRING COMPLAINT TO APPEAL BOARD EMPLOYEES WHO HAVE BEEN SUSPENDED OR DISCHARGED MUST BRING COMPLAINT DIRECTLY TO APPEAL BOARD CITY CLERK EMPLOYEE SUBMITS WRITTEN, SIGNED,DATED REQUEST WITH ALL ACCUMULATED RECORDS, CORRESPONDENCE,AND INFORMATION TO CITY CLERK FOR AN APPEAL HEARING BEFORE THE APPEAL BOARD WITHIN 5 DAYS OF RECEIPT OF DECISION FROM STEP 2, NOT INCLUDING DAY OF RECEIPT EMPLOYEE(WHO IS NOT A CITY CLERK EMPLOYEE) SUBMITS WRITTEN, SIGNED, DATED REQUEST WITH ALL ACCUMULATED RECORDS, CORRESPONDENCE,AND INFORMATION TO CITY MANAGER FOR AN • APPEAL HEARING BEFORE THE APPEAL BOARD WITHIN 5 DAYS OF RECEIPT OF DECISION FROM PREVIOUS STEP IF APPLICABLE,NOT INCLUDING DAY OF RECEIPT APPEAL BOARD IS SELECTED WITHIN 5 WORKING DAYS APPEAL BOARD HEARING IS HELD WITHIN 5 DAYS OF FORMATION AND IS RECORDED.EMPLOYEE,ALONE OR WITH REPRESENTATIVE, MAY MEET WITH APPEAL BOARD APPEAL BOARD SHALL SUBMIT A WRITTEN REPORT OF FINDINGS AND DETERMINATION TO EMPLOYEE,CITY MANAGER/CITY CLERK WITHIN 5 WORKING DAYS AFTER HEARING TESTIMONY. RESOLVED? YES,COMPLAINT CLOSED AND OUTCOME RECORDED NO? EITHER PARTY MAY TAKE WHATEVER ACTION IT DEEMS NECESSARY. THE DECISION OF THE BOARD IS THE FINAL STEP WITHIN THE ADMINISTRATIVE PROCESS OF THE CITY OF SEWARD. Carol Griswold 2/2/18 4 Please return completed form to: 0c SNc City Clerk Box 1 V II41 410 Adamss St Seward,AK 99664 _� 907)224-4046 ficiortio k L NIP City of Seward, Alaska Termination: Exit Interview Questionnaire The City of Seward appreciates your taking about 8-10 minutes to answer the following questions as honestly as possible. Your individual responses are treated as confidential,and will not become part of your personnel file. Responses are optional. We believe that the information is of vital importance and will assist in analyzing our employee retention and turnover. Thank you for your cooperation! Name Employment Date Department Termination Date Position Supervisor 1. Reason(s) for Leaving(mark as many reasons as apply) [] Type of Work [] Quality of Supervision [] Compensation [] Work Conditions [] Lack of Recognition [] Family Circumstances [] City of Seward Culture [] Career Advancement Opportunity [] Moving from Area [] Health Reasons 1 (City of Seward Termination Exit Interview Questions continued) 2. Before making your decision to leave,did you investigate other options that would enable you to stay? [ ] Yes [ ] No If"yes", describe: 3.What did you think of your supervision in regard to the following? Almost Sometimes Never Comments always Demonstrated fair and equal treatment Provided recognition on the job Developed cooperation and teamwork Encouraged/listened to suggestions Resolved complaints and problems Followed policies and practices 4. How would you rate the following in relation to your job? Excellent Good Fair Poor Comments Cooperation within your department Cooperation with other departments Communications in your department Communications within the City as a whole Communications between you and your supervisor Morale in your department 2 (City of Seward Termination Exit Interview Questions continued) Job Satisfaction Training you received Growth Potential 5.Was your workload usually: [ ] Too great [ ] Varied,but all right [ ] About right [ ] Too light 6. How did you feel about your salary and the employee benefits? Excellent Good Fair Poor Comments Base Salary Medical Plan Dental Plan Vision Plan Retirement Plan Annual Leave program Wellness Plan Other 7.Are there any other benefits you feel should have been offered? [ ] Yes [ ] No If"Yes",what? 8.Any other comments on benefits? 3 (City of Seward Termination Exit Interview Questions continued) 9. How frequently did you get performance feedback? 10.What were your feelings about the performance review process? 11. How frequently did you have discussions with your supervisor about your career goals? 12.What did you like most about your job and/or working for the City? 13.What did you like least about your job and/or working for the City? 14.What does your new job offer that your job with the City does not? 15.Why is the new job/company better? 16. Do you have any suggestions for improvement? Have you raised them in the past? 17.Would you recommend the City to a friend as a place to work? [ ] Yes, without reservations [ ] Yes,with reservations [ ] No 18.Additional comments about your job or the City of Seward https://www.shrm.ojg/resourcesandtools/tools-and samples/hrforms/pages/termination exitinterviewquestionnaire.aspx 02/06/18 Carol Griswold 4 Please return completed form to: City Clerk tett PO Boxox167 41 410 Adams St Seward,AK 99664 907)224-4046 1j p • City of Seward, Alaska 360-degree Review: Evaluation of Supervisor Effectiveness In keeping with the City of Seward's goal to continuously improve, we are asking for your candid feedback on the performance of your supervisor this past year. A summary of all feedback received by the city clerk will be prepared for each individual supervisor so that he or she can use the feedback to learn and develop. Your individual feedback will be averaged into all the responses received in order to protect your anonymity and ensure that the results are completely confidential. The city clerk will also prepare an overall summary to assess areas for additional city-provided training. Thank you for your contribution to this very important process. Name of Supervisor: Completed by (optional): Date: Instructions: Using the following rating scale, please circle the number in the following survey that best reflects your rating of your supervisor's performance during the past year. Rating Scale 1=Unacceptable 2=Needs improvement 3=Meets standard 4=Exceeds standard 5=Outstanding 6= Have not experienced or observed 1 (City of Seward 360-degree Review: Evaluation of Supervisor Effectiveness) Valuing Behaviors Seeks input from all team members 1 2 3 4 5 6 Measures results instead of individual styles 1 2 3 4 5 6 Maintains a balance between "people" issues and "business" issues 1 2 3 4 5 6 Shows genuine concern for team members 1 2 3 4 5 6 Keeps the focus on fixing problems rather than finding someone to blame 123456 Treats people fairly, without showing favoritism 1 2 3 4 5 6 Cares about me 123456 Protects confidentiality 1 2 3 4 5 6 Recognizes and rewards my individual contributions in a manner meaningful to me 123456 Interdependence Behaviors Supports a team environment by recognizing and rewarding collaboration, cooperation and activities contributing to others' success 1 2 3 4 5 6 Recognizes and rewards team-supportive actions and behaviors 1 2 3 4 5 6 Recognizes and supports the work of other departments 1 2 3 4 5 6 Doesn't criticize those who are not present 1 2 3 4 5 6 Considers the impact of actions and decisions on other departments before implementing 1 2 3 4 5 6 Communication Behaviors Encourages others to express different ideas and perspectives 1 2 3 4 5 6 Is open to other perspectives and is willing to change his/her position when presented with compelling information 1 2 3 4 5 6 Open to negative and/or constructive feedback 1 2 3 4 5 6 Keeps me informed on status of my work and updates in the organization 123456 Gives open and constructive feedback 1 2 3 4 5 6 2 (City of Seward 360-degree Review: Evaluation of Supervisor Effectiveness) Effectively deals with conflict 1 2 3 4 5 6 Lets me know how I am doing 1 23456 Involves me in decision-making when appropriate 1 2 3 4 5 6 Sets a clear direction for our department 1 2 3 4 5 6 Valuing Diversity Behaviors Ensures that department activities are inclusive by verifying scheduling needs 123456 Seeks input/feedback from diverse individuals and groups, including internal/external customers 1 2 3 4 5 6 Treats everyone with respect and fairness 1 2 3 4 5 6 Leadership Behaviors Encourages and embraces change by challenging status quo 1 2 3 4 5 6 Provides cross-functional development opportunities for team members 123456 Encourages and supports my involvement in training and development activities and events 1 2 3 4 5 6 Encourages and supports my involvement in community activities and events 123456 Encourages and supports my involvement in company activities and events 123456 Actions and behaviors are consistent with words 1 2 3 4 5 6 Is trustworthy 123456 Is a role model for continuous improvement 1 2 3 4 5 6 Uses a coaching management style, rather than an authoritarian boss management style 1 2 3 4 5 6 Supports me, helps me achieve results 1 2 3 4 5 6 Supports a customer service approach for both internal and external customers 123456 3 (City of Seward 360-degree Review: Evaluation of Supervisor Effectiveness) Deals with issues that need to be addressed 1 2 3 4 5 6 Provides a clear sense of purpose and direction, roles and responsibilities, for me individually and for our group team members 1 2 3 4 5 6 General Feedback Optional: Type or print your answers, add additional pages if needed. Please be as specific as possible by including examples. What activities, behavior, feedback or coaching would you like your supervisor to stop doing? Please explain. List and briefly describe examples of the behavior, activities, feedback or coaching your supervisor has provided that makes your job and work environment more enjoyable and meaningful to you. Please provide comments that you feel will be meaningful for your supervisor to sustain or improve his or her effectiveness. https://www.shrm.org/resourcesandtools/tools-and-samples/hr- forms/pages/cm s_002077.aspx 4 Please return completed application to: S 1,, City Clerk -S� Box 167 t �O 410 Adams St d Seward,AK 99664 '�;� 907)224-4046 �d'i� Fax(907)224-4038 IL �P' clerk@cityofseward.net AS APPLICATION FOR APPOINTMENT TO THE PERSONNEL APPEAL BOARD All information provided in this application is public information pursuant to the provisions of the Alaska Public Records Statutes Title 40,Chapter 25. The Personnel Appeal Board serves as a neutral body to hear and render decisions on appeals submitted by any regular employee relative to disciplinary action,demotion,suspension,dismissal,interpretation,or alleged violation of the Personnel Rules and Regulations,and to certify its findings and decision,which final determination shall be subject to judicial review as may be allowed by law. Not less than 7 members are appointed by the Mayor with the advice and consent of the City Council for staggered terms of 3 years.Any given board is composed of 3 appointed members.Members must be at least 21 years of age,have no criminal record,no current paid employment with the City,and are required to be a current resident for at least one year in the Seward,Bear Creek,or Lowell Point voting precincts. Members are volunteers and do not receive any compensation.Meetings are called as needed. Members are expected to attend all meetings of the Board unless otherwise excused.Because vacancies may arise before the next regular appointment period,all applications are kept on file until the next application period. If you are interested in serving on the Personnel Appeal Board,you may submit this required application at any time.Regular interviews are conducted annually as needed in early December for the terms beginning the first of the following year.To inquire about current openings or for additional information,please contact the City Clerk. Name: Physical Address: Mailing Address: E-mail Address: Phone: Cell Phone: Are you at least 21 years of age? Yes No Do you have a criminal record? Yes No Have you had prior employment with the City? Yes No Do you have current paid employment with the City? Yes No Are you a current resident of either the Seward,Lowell Point or Bear Creek voting precincts? Yes No Are you willing and able to attend all board meetings? Yes No Does any potential conflict of interest exist which may interfere or inhibit you to carry out the duties of a Personnel Appeal Board member? Yes No (If Yes,please explain.) What experience do you have regarding escalated employment relations issues? 1 What experience or skills would you bring to the Personnel Appeal Board that pertains to adjudicating a dispute between employees and employers? What is your interest in serving on the Personnel Appeal Board? What is your work experience(or submit a resume)? Have you ever served on an arbitration or similar appeal panel? Please provide any additional information you feel would be useful to the Mayor and City Council in considering your application.Please use additional sheets as necessary.A cover letter and/or resume may also be submitted with the application. By signing this application,I hereby affirm that I am aware of the requirements for the position and certify that I meet those requirements. Applicant printed name: Applicant Signature: Date: Modified from: http://www.pflugervilletx.gov/home/showdocument?id-12 http://www.mesaaz.gov/city-hal l/advisorv-boards-committees/personnel-appeals-board https://www.surpriseaz.gov/23 14/Personnel-Appeals-Board https://www.cdaid.org/198/committees/personnel-appeals-board 2/5/18 Carol Griswold 2 1 -`-- - SAVE THE DATE t 7Q, -- =/, 74. "4 ..i."- -, WELCOME RECEPTION FRIDAY, APRIL 20, 7 PM Oft SMC fit Re-Launch OPEN HOUSE SATURDAY, APRIL 21, 10 AM - 2 PM SEWARDMARINE INDUSTRIAL CENTER RIBBON CUTTING, 12 PM .2,//egt8 1_.a.j d