Monterey Municipal Code Art. 15 Grievance Procedure

a.A grievance is defined as any dispute involving the interpretation, application or alleged violation of:

1.Provisions in a current memorandum of understanding between the City and a recognized employee organization; or

2.These Rules and Regulations, except as excluded under 15.01b.

3. Past Practice.Past practice is defined as a generally accepted and clear course of conduct which includes the provision of a benefit and which is characteristically repeated over a continuous period of time with the knowledge of parties at more than one level in the chain of command.

b.Should any dispute concern an agreement, rule or action which prescribes a separate appeal procedure, that dispute shall be excluded from this procedure. The following are not subject to the grievance procedure.

1.Disciplinary actions

2.Employee performance evaluations

3.Issues subject to meet and confer process

4.Reclassification

5.Layoff

6.Transfer

7.Denial of reinstatement

8.Meet and Confer for purposes of developing a memorandum of understanding

c.Grievances may be filed only by probationary and regular employees, individually or in groups.

a. Step I - Informal Meetings.

1.An employee who has a grievance shall bring it to the attention of the employee’s immediate supervisor within ten (10) working days of the occurrence of the act which is the basis for the dispute. Where the grievance concerns a matter of proper compensation or a matter which could not reasonably be discovered by the employee within ten (10) working days of its occurrence, the grievance on such a matter must be raised within ten (10) working days of when it was discovered or should reasonably have been discovered. If the employee and the immediate supervisor are unable to resolve the grievance within ten (10) working days, the employee shall have the right to present the grievance to consecutive higher levels of supervision, including the department head.

2.Where the grievance is a matter not within the authority of the immediate supervisor to correct, the employee may grieve directly to the department head or to the Human Resources Director (Ord 3385; 02/07). The department head or the Human Resources Director (Ord 3385; 02/07) may direct the employee to discuss the grievance with the party having the authority to correct it. The time limits set forth in Section 15.02a.1. shall apply.

b. Step II - Formal Grievances.

1.If an employee is dissatisfied with the disposition of the grievance through the informal process or if the informal process has not resolved the grievance within thirty (30) working days, the employee may submit the grievance to the employee’s department head within forty (40) working days from the date of occurrence or discovery, as provided in Section 15.02 a.1.

The formal grievance shall be in writing, signed by the grievant, and contain the following information:

a.The name of the grievant;

b.The grievant’s department and specific work site;

c.The name of the grievant’s immediate supervisor;

d.The specific section of the Rules, memorandum of understanding or past practice allegedly violated, misinterpreted or misapplied;

e.The specific act or omission which gave rise to this alleged violation, misinterpretation or misapplication;

f.The date or dates of the violation, misinterpretation or misapplication;

g.What documents, witnesses or other evidence support the employee’s position;

h.The solution(s) sought by the grievant available within the scope of this procedure;

i.The name of the individual and/or organization, if any, designated by the grievant to represent the employee in processing the grievance.

2.If the formal grievance statement as submitted does not adequately identify the grievance, it may be returned for clarification and resubmitted within ten (10) working days.

3.The department head shall hold a conference with the grievant within ten (10) working days following receipt of the formal grievance and shall prepare a written response within ten (10) working days after the conference. The written response shall make findings concerning the specific points of the grievance and describe the basis for each finding. Copies of the department head’s response shall be provided to the parties directly involved, and a copy signed as received by the grievant shall be sent to the Human Resources Director (Ord 3385; 02/07) for placement in the grievant’s official personnel file along with the formal grievance.

c. Step III - Appeal of Department Head Decision To The City Manager or Grievance Committee.

1.If the grievance is not resolved with the decision of the department head, the grievant may submit the grievance either to the City Manager or to the Grievance Committee within ten (10) working days from receipt of the department head’s response. (The establishment and procedures to be followed by the Grievance Committee shall be as described under Section 15.03.)

2.The appeal shall be in writing, signed by the grievant, and contain the following information:

a.Whether the appeal is to be heard by the City Manager or the Grievance Committee.

b.For each of the department head’s findings, a statement that the grievant either concurs or disagrees and the reasons for the disagreement.

c.The solution(s) being sought to resolve the grievance.

d.All supporting documentation including the written materials submitted to the department head in Step II and the department head’s response.

3.If the appeal is to the City Manager, the City Manager, or a designated representative if acceptable to the grievant, shall respond to the grievance in writing within fifteen (15) working days of its receipt. Within this period, the City Manager or designated representative, shall conduct an informal hearing involving the parties to the dispute and any witnesses as deemed appropriate.

4.Copies of the City Manager’s response shall be provided to the grievant, the grievant’s department head, and the Human Resources Director (Ord 3385; 02/07) for placement in the grievant’s personnel file. The department head may share the City Manager’s response with the grievant’s supervisor(s) or other parties directly involved.

5.The decision of the City Manager shall be final.

a.Committee Composition: The Grievance Committee shall consist of three (3) members selected as follows:

1.One member selected by the president of the employee association of the grievant.

2.One member appointed by the City Manager

3.One member selected as follows:

a.Each of the two seated members of the committee shall nominate three employees not members of the grievant’s employee association.

b.The Human Resources Director (Ord 3385; 02/07) shall, in the presence of the two members, place the names of the nominees in a bowl and have one name drawn. The draw shall be performed by the City Manager’s appointee in even numbered years and by the employee association appointee in odd numbered years.

b.The City Manager may reject a Grievance Committee member for the following reasons only:

1.Obvious benefit from the outcome of the grievance.

2.Member of the grievant’s immediate work unit.

3.Served as a member of the Committee within the last six (6) months.

4.Where the proposed member is already involved in other on-duty tasks on behalf of the employee association that the loss to the employee’s job duties on behalf of the City is unacceptable.

c.Any proposed member of the Grievance Committee may refuse to serve without prejudice.

d.The Grievance Committee shall receive the same packet of information specified in Section 15.02c.2.

e.The Grievance Committee members shall be appointed and the committee convened within fifteen (15) working days of receipt of the written appeal.

f.The Committee members shall select a chair among themselves.

g.The Grievance Committee shall review all written material submitted and may request additional information from any of the parties involved as it may deem necessary to conduct its investigation.

h.Within fifteen (15) working days of the committee first being convened, the Grievance Committee shall hold an informal hearing with the grievant and the grievant’s representative, if there is one. The Grievance Committee may also interview any other employees or members of the public it deems necessary relative to developing its recommendations.

i.Within fifteen (15) days of the hearing being completed, the Grievance Committee shall submit a written recommendation to the City Manager. For each of the issues still in dispute, the Grievance Committee shall state its findings. The findings of the Grievance Committee shall be determined based on the measure of reasonable belief. The Grievance Committee shall have no authority to recommend disciplinary action against any party, but may recommend development of pertinent policies and procedures or training as preventive measures against future similar grievances. All findings of the Committee shall be unanimous and unresolved issues shall be referred without comment to the City Manager for resolution. The referral of unresolved issues to the City Manager may include a description of the facts surrounding the unresolved issue.

j.In preparing its recommendation, the Grievance Committee may seek counsel from the Human Resources Director (Ord 3385; 02/07) or City Attorney as it deems necessary.

k.The City Manager shall review the findings and recommendations submitted by the Grievance Committee and shall prepare a written statement accepting, rejecting, or modifying the recommendation of the Grievance Committee in all or in part within ten (10) working days.

l.In the event of any unresolved issues by the Grievance Committee, the City Manager shall decide independently in accordance with Section 15.02.c.3.

m.Copies of the City Manager’s decision, along with the Grievance Committee’s recommendation, shall be provided to the grievant and the grievant’s department head. A copy signed as received by the grievant shall be provided to the Human Resources Director (Ord 3385; 02/07) for placement in the grievant’s official personnel file. The department head may share the City Manager’s decision and the recommendation of the Grievance Committee with the grievant’s supervisor(s) or other parties directly involved.

n.The decision of the City Manager shall be final.

a.Any time limit set forth in this Rule may be extended by written agreement between the City and the grievant.

b.Only upon mutual written agreement between the parties may Step I of the grievance procedure be waived.

c.Failure on the part of the grievant or the grievant’s designated representative to comply with the time limits of this procedure or any extension thereto shall constitute a withdrawal of the grievance without further recourse to resubmittal under this procedure. Failure on the part of the City to comply with prescribed time limits or extensions thereto shall result in the grievance being moved to the next step of the procedure.

d.As limited in Section 15.02b.1.i), the grievant shall be entitled to have a representative of his/her own choosing present at any grievance meeting with the City.

e.Nothing herein shall preclude the use of alternative means of resolving the grievance. Such means must be jointly agreed to by the City and the employee.

f.The burden of proof on all issues shall reside with the grievant.

g.All preparation of the grievance shall be done on the grievant’s own time. The grievant shall be allowed reasonable use of personal leave time to meet with a representative, provided prior permission is obtained from the immediate supervisor. If the supervisor determines that granting the leave request will unduly interfere with work priorities, the request may be denied provided time off is granted within twenty-four (24) hours of the originally requested time.

h.All meetings to resolve the grievance shall be conducted during regular business hours and the grievant, grievance committee members, and any witnesses shall be granted release time for their attendance as required.

i.Grievances which are appealed may be referred back to the department head for further consideration or discussion by the City Manager or Grievance Committee if there is new evidence presented which was apparently not reviewed in the department head’s investigation. If a grievance is referred back to the department head, the time limits for Step II shall be controlling and shall begin on the date the referral action is taken.

j.No reprisal shall result against any employee or group of employees who present a bona fide grievance under this procedure or to any witness on behalf of a grievant.