GRIEVANCE PROCEDURES Model Policy Effective Date July 1, 1992 Number Subject Grievance Procedures Reference Special Instructions Distribution Reevaluation Date June 30, 1993 No. Pages I. PURPOSE The purpose of this policy to provide a procedure whereby employees may resolve disputes or complaints concerning the terms or conditions of their employment. II. POLICY This department recognizes that every employee has the right to be treated fairly in matters arising from employment in this agency; that each employee should have the opportunity to be heard fully any time his right to fair treatment has been violated; and that a carefully designed grievance process can help to reduce personnel dissatisfaction, increase morale, identify problems in the organization and increase the positive perception employees have of their employment with this agency. Therefore, whenever an employee believes that he has been treated unfairly with regard to the terms and conditions of his employment, he may initiate proceedings as specified in this policy in order to resolve those matters. III. DEFINITION Eligible Employee. All permanent, probationary or regular part-time employees. Regular part-time employees are those who work 20 hours per week or more on a continuous basis for at least six months. IV. PROCEDURES A. Conditions and Limitations 1. The grievance procedures set forth in this policy are applicable only to eligible employees. 2. This grievance procedure shall not be used in addition to other grievance procedures as may be in effect through the governing jurisdiction or the eligible employee's collective bargaining agreement. Under no circumstances shall more than one procedure be used to redress the same grievance, although use of this or other procedures does not preclude employees from seeking legal remedies as appropriate. 3. The department retains the right under applicable laws and regulations to direct employees in the performance of their duties; to take the necessary means to achieve the proper ends under emergency situations; and to hire, promote, transfer and assign employees as well as to suspend, demote, discharge or take disciplinary action against such employees for just cause. 4. This grievance procedure is not applicable to matters for which an appeal process is otherwise provided and may not be used in addition to or in replacement of those processes. 5. The scope of the employee grievance must a. clearly define the situation in question through a written allegation of the specific wrongful act or situation, the harm done and the facts upon which it is based; b. arise out of an act or failure to act that directly relates to the working conditions of the eligible employee or to the employee's employment relationship; c. define a matter within the control of the department; and d. state such relief sought that is within the power of the department to grant. B. Grievance Procedure The grievance procedure established by this department consists of three steps for appeal, each of which must be utilized in turn before appeal is made to the next step unless otherwise specified in this policy. 1. Step oneCimmediate supervisor. An employee who believes that elements of his working environment are unsatisfactory and can be made more effective should take the following measures: a. Discuss the specific problem with his immediate supervisor. A problem that results from a specific event or action must be presented within seven days. The supervisor's decision regarding the matter shall be rendered in writing to the employee within seven calendar days following the conference. The employee has the right to the presence of a representative of his choosing during this conference. b. If the problem cannot be resolved through the conference and/or the employee wishes to document the grievance for further action, he may submit a formal written grievance to his intermediate level supervisor. Employees who do not have an intermediate level supervisor may submit their grievance directly to the department's chief executive officer. 2. Step two-intermediate level supervisor. Grievances submitted to an intermediate level supervisor shall be in writing on the designated department form. The grievance must a. be submitted within seven days following receipt of the immediate supervisor's response; b. include a copy of the immediate supervisor's decision and justification; c. specify the employee's grievance and the specific remedy requested; d. provide a response to the immediate supervisor's decision; and e. be responded to by the intermediate level supervisor within seven days of receipt. 3. Step three-chief executive officer. If the matter is not satisfactorily resolved in step two, the problem may be presented in writing to the department's chief executive officer, together with a copy of all preceding responses, within seven days following the response of the employee's intermediate supervisor. The chief executive officer shall meet with the affected employee and a representative of his choosing if so desired. A written response will be provided to the employee within seven days after receipt of the appeal from the employee. 4. Written responses to grievances. Written responses to grievances shall include the following: a. Notation of the time, date and person who received the grievance. b. Analysis of the facts or allegation in the grievance. c. Affirmation or denial of the allegations. d. Identification of the remedies or adjustments, if any, to be made. 5. Time limits. If a grievance is not processed by the aggrieved employee within the specified time limits provided in this policy, the grievance shall be considered void. If the department fails to process a grievance within the time limits specified, the employee may initiate action by proceeding to the next step. However, employees are encouraged to make a reasonable attempt to determine the reason for the delay. 6. Time extensions. All times specified in this procedure are subject to scheduled vacations, sick leave or other authorized leave necessary for the proper conduct of departmental business. Additionally, involved parties may request one extension not to exceed seven days by providing written notice to the other parties prior to the expiration of the time limit established for that step. 7. Withdrawal of grievance. At any time during the grievance process, the employee may withdraw the grievance by making written notification of the withdrawal available to all parties involved in the grievance process. 8. Coordination of grievance procedures. This department's chief executive officer shall designate an officer who shall coordinate this department's grievance procedures as established within these guidelines. This officer shall also be responsible for a. maintaining and controlling all records relating to grievances in a manner that will ensure their confidentiality; and b. preparing written reports analyzing grievances filed as directed by the department's chief executive. C. Appeal Hearing Once the department's grievance procedure has been exhausted, an employee and his representative have the right to explain and argue the grievance before an appeal panel. The panel consists of appointed representatives from this department's parent jurisdiction, a departmental representative who is responsible for explaining the department's position and any other city employee who the aggrieved employee may select as his representative. The hearing is informal and no record will be kept of the proceedings, although there is a right to cross examination. Findings of the appeal panel shall be rendered within 15 days of the hearing and are binding upon all parties involved. This project was supported by Grant No. 87-SN-CX-KO77 awarded by the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. The Assistant Attorney General, Office of Justice Programs, coordinates the activities of the following program offices and bureaus: the Bureau of Justice Assistance, the Bureau of Justice Statistics, National Institute of Justice, Office of Juvenile and Delinquency Prevention, and the Office of Victims of Crime. Points of view or opinions in this document are those of the author and do not represent the official position or policies of the United States Department of Justice. Every effort has been made by the IACP National Law Enforcement Policy Center staff and advisory board to ensure that this model policy incorporates the most current information and contemporary professional judgment on this issue. However, law enforcement administrators should be cautioned that no "model" policy can meet all the needs of any given law enforcement agency. Each law enforcement agency operates in a unique environment of federal court rulings, state laws, local ordinances, regulations, judicial and administrative decisions and collective bargaining agreements that must be considered. In addition, the formulation of specific agency policies must take into account local political and community perspectives and customs, prerogatives and demands; often divergent law enforcement strategies and philosophies, and the impact of varied agency resource capabilities among other factors.