Carmel-by-the-Sea Municipal Code Art. X Grievances and Their Resolution

This article provides a constructive process to identify and resolve in a fair, orderly, and expeditious manner, employee grievances resulting from problems which may arise from working relationships and conditions.

For the purpose of this article only, the following definitions shall apply:

A.

Grievance.

"Grievance" means a complaint relating to any phase of an employee's employment or working conditions which an employee believes has been adversely affected because of violation, misapplication, or misinterpretation of an obligation to the employee as such obligation is expressed and written in: the City personnel system ordinance; City or departmental written policies, rules or orders; clearly established lawful past practice of a department; or the applicable current memorandum of understanding with an employee organization.

B.

Rejected Grievance.

"Rejected grievance" means a grievance which is denied when in the opinion of the appointing authority sufficient evidence is not presented justifying the grievance petition.

C.

Grievance Conference.

"Grievance conference" means a conference at any step in the process between management and the employee.

D.

City Administrator.

"City Administrator" means the City Administrator or a representative designated by the City Administrator.

E.

Department Manager.

"Department manager" means the administrative head or acting head of the department involved, or a designated representative.

F.

Employee.

"Employee" means any person holding regular, temporary or intermittent employee status.

G.

Day.

"Day" means calendar day. The time period for grievance purposes begins on the first day following the day the grievance is filed or submitted to the next step. When the time period for a given step in the grievance procedure ends on a weekend or on a holiday, it shall automatically be extended to the next regular City workday.

H.

Grievant.

"Grievant" means any employee authorized to file a grievance.

I.

Timely Initiation of Grievance Process.

"Timely initiation of grievance process" means that all grievants must initiate the grievance procedure within 10 days of first becoming aware of the alleged violation.

J.

Representatives.

"Representative" means a person, who at the request of the employee or management, is invited to participate in grievance conferences.

(Ord. 87-1 § 2, 1987)

Any employee shall have the right to present a grievance arising from employment in accordance with the rules and regulations of this article.

(Ord. 87-1 § 2, 1987)

All parties will act in good faith while attempting to reach a solution at the earliest possible step of the procedure. The employee will have the assurance that filing a grievance will not result in reprisal of any nature.

(Ord. 87-1 § 2, 1987)

An aggrieved employee will have the right to be represented or accompanied by a person of the employee's choice if the complaint is not resolved at the informal level as provided for in Step 1 of the grievance procedure.

(Ord. 87-1 § 2, 1987)

The processing of a grievance will be considered as City business and the employee and the employee's representative will have reasonable time and facilities allocated for this purpose.

(Ord. 87-1 § 2, 1987)

The time limits established herein may be extended by mutual agreement.

(Ord. 87-1 § 2, 1987)

If there is failure by management to respond within the specified time limits, the employee may process the grievance at the next step in the procedure.

(Ord. 87-1 § 2, 1987)

If the employee at any step of the procedure fails to appeal the decision on a grievance within the specified time limit, such decision will be deemed accepted and not subject to further appeal or consideration. The City Administrator may waive this provision upon a showing of good cause.

(Ord. 87-1 § 2, 1987)

At any level in the grievance procedure the employee will be told if the resolution of the grievance is above the authority at that level. The employee will then be directed to the proper level in the grievance procedure.

(Ord. 87-1 § 2, 1987)

An employee is assured the right to consult with the employee's supervisor, department head, or personnel officer, without prejudice, concerning the manner, form and/or procedure for filing a grievance.

(Ord. 87-1 § 2, 1987)

Standard grievance forms and this article of the Personnel System Ordinance governing grievances and their resolution will be made available in the individual departments and in the City Personnel Office.

(Ord. 87-1 § 2, 1987)

A. Employee's Representative. An employee may be represented or accompanied by a person of the employee's choice at any step in the grievance procedure beyond Step 1. If a representative is used, the following shall apply:

1. The name of the employee's representative will be given to management not less than 24 hours prior to any grievance conference.

2. If the representative is another City employee, such representative will not be released during working hours without advance approval of the representative's supervisor.

3. The representative's supervisor shall grant a reasonable amount of time off; provided such would not unreasonably interfere with City work.

B. Grievance Conferences. Grievance conferences are normally conducted during regular working hours at a mutually convenient time.

C. Investigation of Grievances During Working Hours. These investigations by an employee and the employee's representative, if any, will be in accordance with the following:

1. Approval of a job site supervisor must be obtained prior to the representative entering any job site.

2. There shall be no solicitation of other grievances.

3. The investigation shall be conducted in a reasonable amount of time and expeditiously so as to not impede the City's work requirements.

4. Time spent after the close of the regular work in investigating will be the employee's and representative's own time.

5. Entry to a job site will not be permitted if it would unreasonably interfere with or delay City work.

6. All safety regulations relating to the presence or conduct of persons at the job site shall be complied with.

(Ord. 87-1 § 2, 1987)

A. Step 1 – Informal Grievance. An employee wishing to grieve will discuss the matter informally with the employee's immediate supervisor. The supervisor will give an oral decision to the employee within five days subsequent to the discussion. If the immediate supervisor is the topic of the grievance and the employee believes face-to-face discussion of the grievance will serve no added value, the employee will tell the supervisor that the supervisor is the topic of the grievance and that the formal grievance procedure will be implemented.

B. Step 2 – Formal Grievance. If the employee is dissatisfied with the immediate supervisor's oral decision, the grievance may be pursued by submitting it in writing on the City's grievance form to the supervisor within five days of the decision given in Step 1. Failure to complete this procedure will bar further consideration of the grievance. The supervisor shall schedule a grievance conference at a mutually agreeable time, hear the grievance, and render a written decision to the employee within 10 days of receipt of the formal grievance. An employee representative may attend the grievance conference.

C. Step 3 – Departmental Appeal. If the employee wishes to appeal the supervisor's written decision, a copy of the grievance and the supervisor's response must be submitted on the City's grievance form to the employee's department manager within five days of receipt of the supervisor's decision. If the employee is a department manager, proceed to Step 5. Failure to complete this procedure will bar further consideration of the grievance. The department manager shall schedule a grievance conference at a mutually agreeable time, hear the appeal, and render a written decision to the employee within 10 days of the grievance conference. An employee representative may attend the grievance conference.

D. Step 4 – Administrative Appeal. If the employee wishes to appeal the department manager's written decision, the appeal must be submitted to the City Administrator within five days of receipt of the department manager's decision. The written appeal must be made on the City's grievance form and will include the original grievance and management responses, if any. Failure to complete this procedure will bar further consideration of the grievance. The City Administrator shall schedule a grievance conference at a mutually agreeable time, hear the appeal, and render a written decision to the employee within 10 days of the grievance conference. An employee representative may attend the grievance conference.

E. Step 5 – Department Manager's Appeal. The City Administrator is the immediate supervisor for all department managers. If a department manager is a grievant and wishes to appeal the decision of the supervisor, the appeal shall be heard by a mutually agreed upon, independent hearing officer who shall be compensated by the City. Once selected, the independent hearing officer must receive the appeal within five days. The written appeal must be made on the City's grievance form and will include the original grievance and supervisor response, if any. Failure to complete this procedure will bar further consideration of the grievance. The independent hearing officer shall schedule a grievance conference at a mutually agreeable time, hear the appeal, and render a written decision to the department manager within 10 days of the grievance conference. An employee representative may attend the grievance conference.

(Ord. 87-1 § 2, 1987)

Where grievances are pursued to the City Administrator, the City Administrator's decision will be final.

(Ord. 87-1 § 2, 1987)

Where grievances are pursued by department managers to an independent hearing officer, the hearing officer's decision shall be final.

(Ord. 87-1 § 2, 1987)

Nothing in this article is stated or implied which shall prohibit a more expeditious handling of a grievance.

(Ord. 87-1 § 2, 1987)

The grievance procedure is not intended to apply to instances wherein an employee becomes aware of clearly unlawful acts or actions involving City operations in any aspect including City funds, equipment, personnel, or facilities. In these instances an employee is encouraged to bring pertinent information directly to the attention of either the department manager or the City Administrator.

(Ord. 87-1 § 2, 1987)