GRIEVANCE PROCEDURE
Appendix B
A. Officers
or Employees:
1. Exception: Any officer or employee of the city who feels
aggrieved by an act of discrimination or harassment (including sexual
harassment) should report the fact to the Mayor or City Attorney immediately;
upon receiving the information, the Mayor or City Attorney will conduct an
investigation (or cause an investigation to be conducted) immediately, and will
inform the officer or employee of the findings within sixty days from the date
of receipt of the information.
2. Unless an employee or employee group is procedurally
covered otherwise by state or federal law, any officer or employee of the city
who feels aggrieved by an act or decision by the administration, supervisors,
or other officers or employees shall have the right to process the grievance in
accordance with the following procedure (see attached Grievance Procedure
Form):
a. The aggrieved officer or
employee shall present the grievance to the department director within three
working days of its occurrence or knowledge of its occurrence (except the
grievance may be submitted directly to the Mayor immediately if the grievance
is against the department director). The grievance (and all subsequent appeals)
shall be in writing, and shall set forth the reasons and grounds for the
grievance with a statement of relief sought. The department director shall
attempt to adjust the matter, and shall respond to the employee in writing
within seven calendar days.
(1) The Grievance Procedure Form shall be used. Both the grievance
and proposed solution to grievance sections shall be specific as to facts,
names, facility involved, dates, places, etc. State specifically which law,
policy, rule, regulation, procedure, condition of employment, past practice or
agreement was involved and how it was violated.
(2) Group grievances crossing departmental lines shall be
forwarded directly to the Mayor.
(3) An investigation may be conducted at any level of grievance by
the recipient of the grievance.
b. If the grievance remains
unresolved within the department, the aggrieved employee may present the
grievance to the Mayor within three working days after receiving the department
director's response. The Mayor may conduct an investigation, and shall respond
to the aggrieved employee in writing within thirty calendar days after the
grievance is received. Except for c. below, the decision of the Mayor shall be
final.
c. If the grievance involves
policies or procedures enacted by the legislative body, unresolved grievances
at the Mayor's level may be presented to the City Council within three days
after receiving the response from the Mayor. The City Council may conduct an
investigation, including a hearing, or may accept the decision of the Mayor.
The City Council shall respond to the aggrieved employee in writing within
sixty calendar days after the grievance is received. The decision of the City
Council shall be final.
3. If a hearing is held at any level, either the City or the
aggrieved employee may be represented by Counsel; however, the employee shall
be responsible for all costs for the employee's legal counsel.
4. If requested, probationary, temporary and seasonal
employees will be advised of their rights to file grievances regarding
discrimination by the Human Resources Officer.
B. Person(s) Outside City Employment:
Persons outside city
employment who have a complaint against the City of Flemingsburg or an employee
thereof shall obtain a copy of the Citizen Complaint Form from the City
Clerk/Treasurer, complete the form, and return it to the confidential attention
of the Mayor, or to the City Attorney if the complaint is against the Mayor.