La Mesa Municipal Code Ch. 3.08 Personnel Grievances

There shall be a personnel appeals board consisting of five members, including the presiding officer, each of whom shall be appointed by the mayor with the approval of the city council. Each member shall be a resident elector of the city.

(Ord. 2015; April 8, 1975: Ord. 1648; April 16, 1968: prior Ord. 790, as amended by Ord. 1274 and Ord. 1525; January 11, 1966: Ord. 2401, § 5; November 12, 1985: Ord. 2731 § 3; June 10, 2003)

The personnel appeals board shall serve to insure an impartial and independent review of personnel matters.

(Ord. 790, as amended by Ord. 1274 and Ord. 1525; January 11, 1966)

A grievance shall be considered as the complaint of an employee or a group of employees arising out of the application or interpretation of existing rules, regulations or policies which come under the application of the department head. For the purpose of this regulation, two types of grievances shall be considered as in existence, reviewable and non-reviewable.

(Ord. 2218; March 27, 1980)

Elements of a reviewable grievance shall be stated on Personnel Form 223 as follows:

(1) Facts surrounding specific incident; and

(2) Specific act or omission by management regarding working conditions or other aspects of employer-employee relations over which the head of the department has control; and

(3) Specific inequity or damage suffered by employee as a result of (1) and (2) above; and

(4) Specific relief sought by employee, which relief must be within the power of the department head to grant.

(Ord. 2218; March 27, 1980) 3.08.040

A grievance is not reviewable if:

(1) The incident is reviewable under any other administrative procedure. For example, applications for changes in job title; job classifications or salary increases; appeals from formal disciplinary proceedings, denial of a merit increase, etc.; and

(2) Processing of the grievance would require the modification of a policy as established by the city council or by law in the form of an ordinance or resolution.

(Ord. 2218; March 27, 1980: Ord. 2542 § 1; November 7, 1989; Ord. 2590 § 1; September 24, 1991)

A reviewable grievance must be submitted in writing on Personnel Form 223 to the appropriate party not later than ten calendar days (fire safety personnel — fifteen calendar days) after the specific incident comes to the attention of the grievant. Submission shall activate applicable steps as follows:

Step 1. After investigation and discussion with the employee but not later than three working days (fire safety personnel — seven calendar days; police safety personnel — five calendar days) after submission, the immediate supervisor shall give his written decision to the employee using Personnel Form 223.

Step 2. If Step 1 fails to achieve settlement, employee must present Form 223 to the second line supervisor not later than two working days (fire safety personnel — seven calendar days; police safety personnel — four calendar days) after submission of first line supervisor's Step 1 decision. After investigation and discussion with the employee, but not later than five working days (fire safety personnel — seven calendar days; police safety personnel — seven calendar days) after receiving the Form 223, the second line supervisor shall submit his written decision to the employee.

Step 3. If Step 2 fails to achieve settlement, employee must present Form 223 to department head not later than five working days (fire safety personnel — seven calendar days; police safety personnel — seven calendar days) after submission of second line supervisor's Step 2 decision. After investigation and discussion with employee, but not later than five working days (fire safety personnel — seven calendar days; police safety personnel — seven calendar days) after receiving the Form 223, the department head shall submit his written decision to the employee.

Step 4. If Step 3 fails to achieve settlement, employee must present Form 223 to city manager not later than five working days (fire safety personnel — seven calendar days; police safety personnel — seven calendar days) after submission of the department head's Step 3 decision. After investigation and discussion with the employee, but not later than ten working days (fire safety personnel — fifteen calendar days; police safety personnel — fourteen calendar days) after receiving the Form 223, the city manager shall submit his written decision to the employee.

Step 5. If Step 4 fails to achieve settlement, employee must appeal in writing to personnel appeals board within ten working days (fire safety personnel — fifteen calendar days; police safety personnel — fourteen calendar days). The board shall render a decision or recommendation within thirty (30) days which shall be final.

(Ord. 2218; March 27, 1980: Ord. 2472 § 1; September 22, 1987: Ord. 2512 § 1; November 22, 1988)

The time limits of each step as outlined may be extended by mutual written consent of both parties. If said extension is agreed to, the duration of the extension shall be agreed to in writing and the statement signed by both parties involved at the step to be extended. If any reviewable grievance is not appealed within the stated time limits or extension of any of the above steps, the reviewable grievance shall be considered conclusively settled on the basis of the last disposition by appropriate authority and shall not be eligible for further appeal or review.

(Ord. 2218; March 27, 1980)

Employees may have their employees' organization present their grievances for them. Employees may be permitted reasonable time off with pay to process grievances.

Authorized representatives of their employee organization may visit the city's work premises during working hours by first contacting the designated city representative at the location. Their employee organization representatives shall not interfere with normal work operations or cause unnecessary loss of time to the city.

Visitations of their employee organization representatives shall be limited to employee grievances.

(Ord. 2218; March 27, 1980)

All members shall be paid an allowance as compensation for expenses related to their attendance at authorized meetings within the city as the council may from time to time fix by resolution. All members may receive reimbursement related to travel (outside the city of La Mesa) and other related expenses when authorized by the city council.

(Ord. 2218; March 27, 1980: Ord. 2016-2850 § 2; December 13, 2016)

The term of the members of the board shall be three years. Members shall hold office until their successors are appointed, but the office shall be deemed to be vacant upon the expiration of the fixed term for the purpose of appointing a successor.

(Ord. 2218; March 27, 1980)

The members first appointed shall classify themselves by lot so that on each succeeding first day of July the term of one of their number shall expire.

(Ord. 2218; March 27, 1980)

The personnel appeals board shall have the same power as the city council to compel the attendance of witnesses to examine them under oath, and to compel the production of evidence before it.

(Ord. 2218; March 27, 1980)