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.