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HomeMy WebLinkAbout1990-31 - Adoption of Grievance Procedure~1= BILL N0. ~~'=' ~ / l ~ // ~~ ORDID~ANCE N0. ~~! - :~~! AN ORDINANCE ADOPTING A "GRIEVANCE PROCEDURE" FOR AhI, EMPLOYEES OF THE CITY OF RIVERSIDE, MISSOURI. WHEREAS, it i.s not the intention of the Board of Aldermen to create or provide for any specific contractua] agreement relative to a grievance procedure nor is it the intent of the Board of Aldermen to create any legal or other interest i_n the employee's position with the City of Riverside, and WHEREAS, all employees of the City of Riverside are, and shall remain, employees-at-will and this arievance procedure is not meant or intended to create any vested rights or contractua]. rights with the employee, and WHEREAS, this ordinance is adopted to simp]y set forth procedures that may he followed by employees in an attempt to handle any current or potential conflicts. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI AS FOLLOWS: SECTION 1: The City hereby adopts the document entitled "Grievance Procedure" attached hereto and incorporated herein as though more fully set forth which consists of four (Q) pages and a Grievance Form. PASSED THIS ~~ ~,~ Lf~_ DAY OF !'c :~ ~_ , ] °~0. 7T , ~?~~h ,c .l MAYO ATTEST: 1 ~ ~ I c ~ u:,'^:~, ECG q " ITY CLER ~-- ~'/ APPROVED THIS ,~ ~ LIB DAY OF '_~~.~.- , 1°~0. ~< c n MAYOR IJ ,~ ,, GRIEVANCE PROCEDURE IINDER MISSOURI STATIITE, AN EMPLOYEE OF A FOURTH CLASS CITY IS AN EMPLOYEE AT WILL. THE FOLLOWING GRIEVANCE PROCEDURE IS DESIGNED TO HANDLE PROBLEMS THAT ARISE IN A QUICK AND ORGANIZED MANNER, THIS GRIEVANCE PROCEDURE IS NOT INTENDED TO CREATE ANY LEGAL OR OTHER INTERESTS IN YOUR POSITION AS AN EMPLOYEE. AS AN EMPLOYEE YOU ARE, AND SHALL REMAIN, AN EMPLOYEE AT WILL. Definitions: 1. For the police, fire, and dispatch personnel: Immediate Supervisor: Person to whom employee reports directly 2. For the Court Clerk: Immediate Supervisor: Judge 3. For the City Clerks and Maintenance Personnel: Immediate Supervisor: Mayor 4. For any other personnel not listed: Immediate Supervisor: Person to whom employee reports directl y STEP 1 - INFORMAL COMPLAINT PROCESS A. Employees should first explain orally the situation to their immediate supervisor within five (5) business days of the date on which the cause of the grievance was known to the employee or could reasonably be expected to have been known. B. An oral response will be made by the immediate supervisor within five (5} days from receiving the complain`.. C. For police, fire and dispatch personnel, the immediate supervisor, if necessary, may consult the Director of Public Safety to help reach a satisfactory conclusion. D. When an employee's complaint is with the actions of their immediate supervisor, the employee does not have to complete this first step and may proceed as follows: i~ ~( ~! (1) Police, fire and dispatch personnel - Step 2. (2) All other City personnel - Skip Step 2 and go to Step 3 . E. Both parties should make every effort to resolve satisfactorily the grievance at this step. F. If the employee is not satisfied with his/her immediate supervisor's answer, that person has the right to proceed to Step 2 if police, fire or dispatch personnel or directly to Step 3 if any other City personnel. STEP 2 - FOR POLICE, FIRE AND DISPATCH PERSONNEL ONLY. A. Within five (5) business days after the employee receives the Step 1 answer or if the employee has skipped Ste p 1 within five (5) business days of the date on which the cause of the grievance was known to the employee or could reasonably be expected to have been known, the employee should complete, sign, and deliver to the Director of Public Safety a grievance form provided by the City Clerk. B. The Director of Public Safety may discuss the c omplaint with the employee if the Director of Public Safety so wishes. C. A written response will be made by the Director of Public Safety within five (5) days from receiving the complaint. D. When an employee's complaint is with the actions of the Director of Public Safety, this second step may be eliminated and the employee may proceed directly to Step 3 and skip Step 2. STEP 3 - A GRIEVANCE REVIEW BOARD A. A three (3) member grievance review board will be appointed by the I:ayor and approved by the majority of the Board of Aldermen of the City of Riverside. The Board of Aldermen will select one of the three members to be "chairman" of the grievance review board. B. Board members shall not be: of lesser rank than the grievant, the direct supervisor of the grievant, have had any involvement in the case being reviewed, or be on probation, active suspension, or under investigation for a pending complaint. i C. Board Review - This is an internal review process and grievant is not represented by counsel. 1. The em ployee shall present to the chairman of the grievance board committee a completed and signed grievance form provided by the City Clerk. If the employee has already filled out a grievance form as required in Step 2, the employee need not fill out another grievance form and can present to the chairman the already completed grievance form . 2. The employee shall be notified of the date of the grievance board hearing. 3. At the hearing, the chairman will read the grievance and then ask each side to present its case. When presenting the case, each side should prepare written facts in advance and not attempt to present a case from memory. TY~ relevant facts should be presented in chronological order. Where possible, exhibits should be presented to reinforce testimony with sufficient copies for the grievance review board, and the other side. 4. All relevant evidence known to either party at the time should be presented. 5. Both parties should be prepared to answer questions from the grievance review board and the other side . D. Recommendations of the grievance review board may be presented in writing to the employee in a "Grievance Review Board Report". E. The "Grievance Review Board Report" shall contain the following information: 1. State the date the grievance was received, the name of the employee, and the date of the hearing; 2. The facts or allegations of the grievance; 3. The board's response to the grievance by affirming or denying the allegations or facts reported; 4. Recommendation of the board; 5. Signature of the chairman of the grievance review boar d; F. The decision of the grievance review board shall be final and binding. ANY FAILURE BY THE BOARD TO ISSUE A REPORT SHALL NOT VEST THE EMPLOYEE WITH ANY INTEREST TO PURSUE THIS MATTER ELSEWHERE. I understand that the above grievance procedure is only for my benefit as an employee and does not create a merit system. This procedure does not vest or create any legal interests in my position at the City of Riverside. I further understand that I am an employee at will, meaning that I can be discharged at any time and this grievance procedure does not vest any rights in my position to be allowed a hearing before any board or committee. Date: mployee's Signature 4~ ~~ GRIEVANCE FOP.M 1. Nam e- Address: Home Phone Number: 2. Immediate Supervisor: 3. Statement of Facts on Which the Grievance is Based: 4. The Allegation of Specific Problem, Wrongful Act, or Harm Done to the Employee: 5. The Result You Wish to Gain or Accomplish: As an Employee you shall be free from interference, discrimination or reprisal for filing a grievance. I verify that all of the above information is correct to the best of my knowledge. Date Employee's Signature