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86-1223 WHITE - CITV CI.ERK I ,kANARV�OEP RTMENT ,I vITY OF SAINT PAUL �OUflCll �� j�a BLl{�E - MAVOR � File �O. � Council Resolution Presented By � � Referred To Committee: Date Out of Commi tee By Date An administrative Resolution amending the Civil Service Rules concerning Grievance Procedures. RESOLV D, that the Civil Service Rules be amended in Section 16, Discharge, Reduction, nd Suspension, by striking, in its entirety, Subsection 16.0 and substitutin the following: "16.0 PROCEDURES FOR APPEALING DISCHARGE, OR REDUCTION, OR SUSPENSIONS �he-emp�epee-map-e�}�ea�-�ke-apge�n��ng-af��eer1s-ae��oa-be€ere tke-Ervr�-Ser�rce-6ommission---�f-thremp�epee-reqt�esta-a-kearrng; hefshe-mnst-rnform-the-Affrce-wrthrn-frve-�a�en�ar-�apa-ef-tke-�ate the-notrce-of-e�=scharge;-re�actien-er-ar�apenarea-a+as-aent-er-gr�ea- 6ditkrn-ten-dapa-ef-tke-heartng-reqrses�;-�ke-6emmrss�an-sha��-se� a-kearing-date;-aa�-rnferen-�etk-tke-emp�epee-an�-tl�e-apperntrng offrcer- �t�e-E�rr��-Serrr��e-6emm�ssren-ska��-een�ae�-r�s-�earrngs-ra�erma}}y an�-zm�ar�ra��y;-rn-sa�h-inanner-as-rt-�eems-�es�-ea�eu�a�e�-te aa�er�a�n-the-eerre��ness-ef-tke-eharges-pre€erre�;-an�-ocitheat regard-te-anp-te�knrca�-rtz�ea-ef-preeee��sre-er-er�rdenee---�ke-6rv=� Ser*aree-6amm�saien-sl�a��-ka�e-tke-pewer-te-aabpaeeta-w=tr�easea-an� adminrster-ea�hs- �t�e-�eeis�en-e€-��e-6��-Ser*a�ee-6emen�ss�ea-sl�a��-�e-�q-a--x�a�er��}� *ae�e---�he-6i��-6ert��ee-6enun�ss�en-sYta��-l�ae�e-�l�e-pe�er;-a��er-i�a��ag keard-avhate�*er-e��enee-r�-deems-su�fieren�;-te-ae�-as-€e��ews- COUNCILME[V Requested by Department of: Yeas Drew Na N"os�a [n Favor Rettman Scheibel Sonnen __ AgBillst Tedesco Wilson Form A roved by Ci ttorney Adopted by Council: Date 1 Certified Passed by Cou .il Secretary BY ` By Approved by Vlavor: Da e _ Approved May r f Su 'ssion to Council � Bv - - — � � • . . , . � �� s---B�sel�a�ge-�ke-e�n��e�ee-€�e�-se�v�ee-�e-�ke-e�� }�-�l�e-e�ess�€�e�-se�t��ee- �---Re�nee-�ke-e��eqee-�a-�s�cl�-��e�-ee��eesa�}e�; pre��e�-s�el�-�e�e�e��e�-eer��-�e-me�e-�e-aeee��exee w��k-6��-Sert��ee-�t��es- e---�ns$en�-�ke-em��e�ee;-��e�a��e�-sr�ek-sr�s�er�s�e�-eec�� e-me�e-��-aeee��$�ee-va��i�-6��a}�-Se��ee-�n�es------- �---�e�r�ee-sx�-sns�ea�-sa}�-e��e�ee- e---Ar�er-��e-e�n��e�ee-�e-ee��e�e-�l�e-�es�-�ee�-e€-ee a��re�►��ee-�regram- €---�€-��te-e�*��enee-�ees-�te�-sapper�-�l�e-ae�}er�-e€-�ke s��e�ft��ag-e�€�eer;-�ke-exi��eyee-may-�e-re��s�e�e�; en�-�ke-6�*a��-�er�a�ee-6enun�ss�en-ma}�-erder-�ke�-�ke em$�eyee-�e-�a��-k��s-sa�arq-€er-any-�ar�-e€-er-€er a��-e�-�ke-��me-��ta�-�e- - - - cvas re��e*ae� e€-k�s-�rs��es, ae��-€esr��er-may-er�er-�ka�-a-�e��er;-�a��ea�}ag-�l�at �l�e-ae��ea-e€-�ke-s��e}a��ng-e€€�eer-�a$s-a��et��e� $e�-�l�a�-�ke-s$ee�€�e-ekarge-s�tet��-ae�-�e-eeas��e�e� . �n-anq-€r��n�e-ee��ens;-�e-��aee�-�a-�l�e-e��eqee=s $e�se�t�e�-€��e- �l�e-6��a��-6e��a�ee-Sext�n�ss�e�=s-�ee}s�ea-s�e��-�e-}�-�a�}��g-e�� s1�8��-�e-se��e�-n�e�-�ke-e��e�ee-�e�se�e��-e�-�l��et�gk-�l�e ff►s��-a�-��e-e�n��eqee=s-�es�-��ewa-a��ess- The employee may appeal the appointing officer's action before the Civil Service Commission. The Personnel Office shall be contacted within 5 calendar days of notice if a hearing is requested." ; and be it WHITE - CITV CLERK PINK '= FINANCE G I TY O F SA I NT PA U L Council �i�_ �•a � , �CAf�AR� D�PARTMENT File NO• BLUE - MAVOR Council Resolution Presented By ' Referred To Committee: Date Out of Commit e By Date FURTHER RESOLVED, that the Civil Service Rules be further amended in Section 26, rievance Procedures, by removing, in its entirety, the language contained th� rein so that Section 26 shall read as follows: "26. RIEVANCE PROCEDURES he-6enr�er�-sl�a��-s�ep�-�q-�ese�a�ien-€ertna�-�reee�nres-€er an��ing-emp�eqeeis-grret�aaees---Emp�eqees-may-use-sesel�-�reeee�r�res �thetzt-fear-e€-reprrsa�s;-ar��-st��h-preee�tzres-si�a��-�e-atrat�a��e � e-s��-eM��egees- he Personnel Office shall maintain a grievance procedure and make t available to all employees. Discretionary changes in the rocedures shall be subject to appeal to the Civil Service Commission." No actio taken by the Civil Service Commission - September 18, 1986 � ,� '. , Joan A, e f frey' ,r ' ;�: / COUNC[LMEN Requested by Department of: Yeas ��, Nay Nicosia �_ [n Favor Rettman Scheibel O Sonnen __ AgaIIISt Tedesco Wilson AUG 2 g 1986 Form pprove City Attorney Adopted by Council: Date � Certified Pa_s d oun .�1 BY By Appro y Mavor: Da e _ Approve b ay or Sub ' sion to Council � By B �UBLISHED S t P 2 p 19SG Personnel Office� DEPARTMENT ��T ,aarl� 0592'7 Jeanette Sobania COIVTACT 4221 PHONE - ,7n1y 21, 19s6 DATE _ �� Qr �r � ASSIGN NUhBER FOR R ING ORDER Cli All loca�ions for Si nature : Department Dire or 3 Director of Management/Ntayor Finance and ,Mana ement Services Director � 4 City Clerk Budget Director � City Attorney WHAT WILL BE ACHdEVE $Y TAKING ACTION ON THE ATTACHED MATERIALS? (Purpose/ Rationale) : This resolution est. lishes the Grievance Procedure outlined in Secton 26 of the Civil Service Rules and i the City Charter. , . ��C��V�D COST BENEFIT BUQGET RY AND PERSONNEL IMPACTS ANTICIPATEO: '��C Z r i�tsb . . r�'�Yp�rs OfFICE none . FINANCING SOURCE AND UDGET ACTIVITY NUhBER CHARGED OR CREDITED: (Mayor's signa- ture. not re- Total Amount of "T nsaction: quir�d if under ' �10,000) - Funding Source: , Activity Numb�r: ATTACHMENTS Lis an Number All Attachments : 1 . Resolution 2. Copy .:for City C1 k - DEPARTMENT REVIEW CITY ATTORNEY REVIEW es �o Council Resolution Required? ' Resolution Required? Yes No Yes �I Insuran e Required? insurance Sufficient? Yes No Yes /No Insiuran e Attached: (SEE •REVERSE SIDE FOR INSTRUCtIONS) � Revised 12/84 � i � � � � � � ,�/� t t �,? . � ! 5. r � �; r 4K'.d J , ` � E� � ..� ` � �. 'Y< 1 ., i /� �1 ` I ' '1 , ; � �/ b'u. 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Co ncil Resolution �� Presente By Referred To � !� �— Committee: Date ��'��''��^ Out of Commit ee By Date � An admini rative Resolution amending the Civil �� Service Rul s concerning Grievance Procedure�. ,I RES LVED, that the Civ�l Service Rules be amended in Section 16, ! � Discharge, Re uction, and Suspensio , by striking, in its entirety, Subsec��ion 16.0 and rele tering the subsections mediately following Subsection 16.8;1 and b� it FUR HER RESOLVED, that the Civil ervice Rules be further amended in Section 26, G ievance Procedures, by removing in its entirety, the languac�e contained the ein so that Section 26 shall read s follows: 26. GRI VANCE PROCEDURES �be GeeAe��-sba��-adep�-b}-Rese��eR-€e�� -p�eeedd�es-€e�-baRd��Rg e�+p e�ee!s-��e�aaees:--€r�p�eyees-�wa}�-ese-s b-p�eeede�es-w��bea� €ea -e€-�ep��sa�s;-apd-sdeb-p�eeeda�es-sba��- e-aua��ab�e-�e-a�� l et�p e�ees.- , I Add the attached document. � � I� ; COUNC[LMEN Requested by Department of: Yeas Drew Nay � OFFICE nnase�: In Favor Nicosia Scheibel � � � � Sonnen A gainst BY ' Tedesco W i Ison � For Approved Ci rney �, Adopted by Council: Date C't� � Certified Passed by Coun il Secretary BY sy � ` A►pproved by Mavor: Dat Appr d by Mayor for Submis ' n t Cou cil By By i ' i _ _ �. . _ __._ . . C�+�� C� 1� �-K � ' �� -i.��3 � CITY OF SAINT P�.IIL. � ';�ii'ii�u . ' OFFICE OF THE CITY COUNCIL Cammittee Report �:' anc� Mana ement � Persa�nel C�mmittee. SPECIAL MEETING l. Resolutio amending the 1986 budget and adding $666,670 to the Financing Plan and to th Spending Plan for General Government Accounts - CH/CH Building Ma.intenan (elevator automation) . approved as amended REGULAR MEETING 1. Approval minutes from meeting held August 7, 1986. approved 2. , e� diag Ch�pta 331.30, � b8\3,'di the L�e�r�ative �er- � 6..s. � ti fro�r lice fses o= ce �n it eran food �estab � � � . \�� ._ , � t� e em _ �. ugu 7, 1l�6). ap ov�d 1-' �,�,..� 3. Resolutio adjusting the rate of pay for the title of Public Information Specialis I and II in Section I D 3 of the Salary Plan and Rates of Compen- sation Re olution. laid over 8/28 4. Ordinance 86-1015 establishing the title of Intergovernmental Relations Coordinat r as specified by Chapter 12 of the Charter, Section 12.03(H) thereof. laid over 8/28 5. Resolutio establishing the rate of pay for Intergovernmental Relations Coordinat r in Grade 53, Section V, Subsection D, "Professional Group" Un- classifie , of the Salary Plan and Ra.tes of Compensation Resolution. laid over 8/28 6. Resolutio establishing the rate of pay for Water Billing Operator in Grade 18, Section I D 1 of the Salary Plan and Rates of Compensation Resolution. laid over 8/28 7. �`�ding 9e�ian I�6 of �CYic Cf�il �ler�fc+e 8�:�► �eonaerniretg'��esast�,¢e ::�r�c,�1�►�r. 2��;: . �- �` 8. Resolutio amending the 1986 budget and adding $29,920 to the Financing Plan and to th Spending Plan for Community Services - Housing Inspection - Complaint (enforcement of energy conservation for rental housing) . approved 9. Resolutio amending the 1986 budget and adding $3,950 to the Financing lan and to the Sp nding Plan for Police ID Card Deposit. approved 10. Resolutio amending the 1986 budget and adding $70,000 to the Financing Plan and to th Spending Plan for Finance and Management Services -. Citywide Informati n Serivices (computer center) . laid over 8/28 CTTY HALL SEVENTH FLOOR SAINT PAUI,MININESOTA 55102 a(�.46 � , . COMMITTEE REPORT FINANCE, MANAGEMENT & PERSONNEL COMMITTEE August 21, 1986 Page 2 11. Resolution amending the 1986 budget and adding $111,864 to the Financing Plan and to the Spending Plan (Governmental Employment and Training - Refugee Targeted Assistance Plan) . approved 12. Resolution amending the 1986 budget by adding $33,243 to the Financing Plan and to the Spending Plan for Finance and Management Services - Purchasing Services - City Share. approved 13. Resolution amending the 1982 Capital Improvement Budget by transferring $560,000 from Metro Parks Grant (Battle Creek Park Reimbursement) to Log 4� Parks and Recreation - Central Service Facility. laid over 8/28 14. Resolution amending the Capital Improvement Budget by transferring $97,000 from activities as listed to Fire Station 24 Addition. laid over 8/28 15. Resolution amending the 1986 Capital Improvement Budget and transferring $500,000 from Low-Income Housing Development Fund to Acquisition of Blighted Properties - Riverfront. laid over 8/28 16. Resolution consenting to the issuance of Port Authority Revenue Bonds in the amount of $16,000,000' to finance the acquisition and remodeling of the Downtown Saint Paul Radisson Hotel. approved 17. Adminis�rative Orders: D-8065: Budget revision in the Public Works - Capital Improvement Bond Fund (laid over from August 7, 1986) . discussed D-8072: Addition o� $11,887.85 to the contract for tuckpointing at Fire Station No. 20 (laid over from August 7, 1986). laid over 8/28 D-8080: Approval of payment to Personnel Decisions Inc. for Assessment Center testing for Library Public Services Managers. laid over 8/28 D-8087: Budget revision in the Public Works - Engineering Fund. discussed D-8088: Budget revision in the Public Works - Traffic Operations Fund. discussed D-8092: Additions of $2,078,83 to the contract for bituminous overlay and reconstruction of Como Avenue - Capitol Heights. discussed D-8093: Additions of $3,012 to the contract for Galtier Plaza to Farm Credit Services Skyway Bridge over Jackson Street. discussed . � . : � , � � � �-�.�� 26. GRIEVAN E PROCEDURES The fol owing procedures should be followed by an employee who believe that his/her grievance should properly be heard by the Civil Service Commission. (Some of the labor contracts allow an employee to appeal hrough either Civil Service or labor arbitration channels. Zf an empl yee files an appeal through the union he/she should review the provisi ns of the labor contract.) I. If the rievance involves the application and interpretation of policie and agreements such as working conditions, �ob assigmm �ts, problems involving a supervisor or fellow employees, � the fol owing pracedure should be followed. Each step, and each section within a step, is proceeded to only if there has been no resolut on of the grievance. St 1 -- Appeal to immediate supervisor. Appeal must be made within 30 days of the action giving rise to the grievance. A. Oral Discussion � 1) Employee brings grievance orally to immediate supervi- ' sor. a) If grievance is beyond the supervisor's jurisdic- - tion, the supervisor shall refer it to the level where a decision can be made. b) Within two days, the supervisor must give the employee an answer. If he does not do so the grievance proceeds to Step lb. B. Written Grievance 1) Within 5 days, employee puts grievance in writing and gives copies to supervisor and Persor_nel Office. 2) A hearing is held between the supervisor, grievant and any other employee or representative of the grievant's choice. 3) Within five working days of the hearing, the supervisor must give an answer in writing to the employee and the Personnel Office. If he does not do so the grievance proceeds to Step 2. S 2 -- Written Appeal to Division Head. A. Grievant makes a written appeal to the Division Head within 54 a . . , . � � ,� -�a�� five working days of disposition or last day for disposition response. B. Within five working days, the Division Head must return a written decision to grievant with a copy to the Personnel Office. If he does not do so the grievance proceeds to Step 3. St 3 -- Written Appeal to Department Head/Office Director. A. Within five working days of receipt of Division Head's response the employee may make a written appeal to the Department Head/Office Director. B. The Department Head/Officer arranges a conference with parties to the grievance. The Personnel Director may attend as a consultant. C. Within ten working days, the Department Head/Officer Director shall notify the Personnel Director and the grievant in writing of his/her decision. If he does not do so the grievance proceeds to Step 4. � : St 4 -- Appeal for hearing. A. Within fifteen days of receipt of the appointing officer's - response, the grievant may appeal for a hearing to the Civil Service Commission. B. The Civil Service Commission presides over the hearing. 1) The Personnel Director or his/her designee acts as secretary to the Commission. 2) A verbatim recording of the Commission proceedings is made and kept for three years. C. The Commission directs the Personnel Director to transmit its written decision to the Department Head/Office Director and the grievant. II. In the case of grievances with respect to discharge, reduction or suspe ion the employee may appeal the appointing officer's action before the Civil Service Commission. A. The employee must request a hearing, within five calendar days of the date the notice of discharge, reduction or suspension was sent or given. (if a veteran the request must come withi,n sixty (60) days.) B. Within ten days of the hearing request, the Commission shall set a hearing date, and inform both the employee and the appointing officer. 54 b , � • �.� ��.2� C. The Civil Service Commission shall conduct its hearings informally and impartially in such manner as it deems best calculated to ascertain the correctness of the charges preferred, and without regard to any technical rules of procedure or evidence. The Civil Service Commission shall have the power to administer oaths. D. The decision of the Civil Service Commission shall be by maiority vote. The Civil Service Commission shall have the power, after having heard whatever evidence it deems sufficient, to act as follows: 1. Uphold the discharge of the employee from service in the City in the classified service. 2. Reduce the employee in rank and/or compensation, provided such reduction could be make in accordance with Civil Service Rules. 3. Suspend the employee, provided such suspension could be made in accordance with Civil Service Rules. � 4. Reduce and� suspend said employee. `' 5. Order the employee to complete the last year of an apprentice program, if applicable. 6. If the evidence does not support the action of the appointing officer, the employee may be reinstated, and the Civil Service Commission may order that the employee be paid his/her salary for any part of or for all of the time that he/she was relieved of his/her duties, may order that a letter, indicating that the action of the appointing officer was unfounded and that the specific charge should not be considered in any future actions, be placed in the employee's personnel file, or order the employee's personnel file expunged of of all material relating to the discharge. 7. Increase the penalty originally exacted by the appointing officer. E. The Civil Service Commission's decision shall be in writing and shall be served upon the employee through the mail at the employee's last known address. III. If th issue involves examinations, classification, salary or wage tes, or performance appraisals the following procedures shoul be followed: 54 c . ; II . • ' �_�.��3 , . . �' A.I Performance A raisal PP 1. Employee discusses rating with the supervisor during the Performance Appraisal Conference. 2. Employee discusses rating with the appointing officer. 3. If all attempts to resolve the problem with the department are exhausted, an appeal may be made before the Civil Service Commission. a) Within thirty days of the decision of the appointing officer, the employee must make a written request to the Personnel Director for an appeal. b) Appeal may be based only upon alleged: , 1) Prejudice or bias, and/or 2. Inadequate knowledge of employee's capabilities and performance on the part of the rating officer. � 4. The appeal is made before the Civil Service Commission. � = a. The Personnel Director or his designee acts as secretary. - b. A verbatim recording is made and kept for one year. 5. If bias and/or inadequate knowledge is found, the Commission may order a new rating and state by whom it shall be done. 6. The Commission directs the Director to notify the appointing officer and employee within ten days of hearing. B. I' Examinations 1. Errors a) An incorrect answer on the scoring key may be corrected if brought to the attention of the Personnel Office within ten days following the competitor's review of the questions and answers. b) A scoring error may be corrected if brought to the attention of the Personnel Office within ten days following competitor's review of the scoring. 54 d � .. . . . � � � � _,��3 2. Challenges a) If a candidate feels that he/she has been unfairlq treated or that his/her answer is correct despite the disagreement of the Personnel Office, he/she should send a letter to the Personnel Director stating his/her concerns. This appeal must be made within thirty days of the initial discussion. b) If the Personnel Director finds in favor of the Personnel Office, the candidate may request a hearing before the Civil Service Commission. The request should be in writing and should state the specifics of the issue. This appeal nust be made within ten days of the Personnel Director's finding. c) The procedure in III A.3. is then followed. C. Other Matters 1. Classification of �ob duties, grading of classes, fringe benefits, overtime allowance or other matters which can only be changed by a revision of � � the Civil Service Rules may be addressed by a ' , letter detailing the nature of the complaint and the remedy sought. The Ietter should be sent to the Civil Service Commission. 2. The procedure in III A. 3. is then followed. 54 e � � ��-/�� 26. GRIEVAN PROCEDt?RES , The fol wing procedures are designed for use by a classified employee of the ity or School District. Classified employees are all those employe who meet the definition outlined in Section 12.03.3 of the City Ch ter. Such employees may also be covered by a collective '' bargain g agreement. In disciplinary cases (see II below) , either the con act or the Civil Service Rules may apply. Grievances related to the rms and conditions of a labor contract should be reviewed through he contract's grievance procedure. No grievance may be reviewe through more than one grievance process. All sta ments of grievance presented for Civil Service Commission review st cite the specific violation of the Civil Service Rules and must co ain the remedy requested. Notwith anding the steps outlined herein a grievance may go directly to the 'vil Service Commission if the grievance is regarding an action the Personnel Director, the Department Head or the designa d representative of the Superintendent. Note: 1 references to "days" shall be defined as "business days" unless herwise stated. Any deadline may be extended by mutual agreeme of both parties. Failure of the employee to initiate or appeal thin the time ]imit at any step shall constitute waiver of right t appeal. If all rties agree a grievance may proceed to any advanced step. I. CIVIL S VICE RULES APPEAL If the ievance involves the application and interpretation of the Civ Service Rules the following procedure should be followed. Each st , and each section within a step, is proceeded to only if there h been no resolution of the grievance. Ste 1 -- Appeal to immediate supervisor. Appeal must be made within 20 days of the alleged violation of the Rules giving rise to the grievance. A. Oral Discussion 1) Employee brings grievance orally to immediate supervi- sor. (This may be accompanied by a written statement in which case "a" and "b" may be combined.) a) If grievance is beyond the supervisor's �urisdic- tion, the supervisor shall refer it to the level where a decision can be made. b) Within five days, the supervisor must give the employee an answer. If a response is not received within 5 days the grievant may proceed to Step 1B. i � �� B. Written Grievance 1) Within 5 days after the supervisor's response, or last day for his response, the employee may put grievance in ' writing and give copies to supervisor and Personnel Office. �. 2) A hearing is held within 10 days of receipt of the written grievance between the supervisor, grievant and any other employee or representative of the grievant's choice. The supervisor is responsible for scheduling the hearing. This is an informal meeting, no recording or written minutes are made. 3) Within five days of the hearing, the supervisor must respond in writing to the employee and provide a copy to the Personnel Office. If a response is not received within 5 days ti�e grievant may proceed to Step 2. St 2 -- Written Appeal to Division Head. A. I Grievant presents his/her written statement of grievance to the Division Head or his/her designee within five days of response or last day for response. B. Within five days, the Division Head or his/her designee imust respond in writing to grievant with a copy to the Personnel Office. If he/she does not do so within 5 days the Igrievant may proceed to Step 3. Ste 3 -- Written Appeal to Appointing Officer. — A. Within five days of receipt of Division Head's response the employee may make a written appeal to the appointing officer (or designee) . B. The appointing officer arranges a conference with parties to the grievance. The Personnel Director may attend as a consultant. C. Within ten days, the appointing officer shall notify the Personnel Director ar.d the grievant in writing of his/her decision. If he/she does not do so within ten days the grievant may proceed to Step 4. Ste 4 -- Appeal for Hearing by Commission. A. w'ithin fifteen days of receipt of the appointing officer's response or the last day for response, the grievant may request in writing a hearing of the Civil Service Commission. �!��-/��? 3 B. The Chair of the Civil Service Commission presides over the hearing. The request for hearing must be sent to the Civil , Service Commission, c/o Personnel Office, 265 City Hall. 1) The Personnel Director or his/her designee acts as secretary to the Commission. 2) A verbatim recording of the Commission proceedings is made and kept for three years. C. The Commission directs the Personnel Director to transmit its written decision to the appointing officer and the grievant. II. DISCHARG , REDUCTION OR SUSPENSION APPEAL In the c se of grievances with respect to discharge, reduction or suspensi n, the employee may appeal the appointing officer's action before t e Civil Service Commission. A. he employee must request in writing a hearing, within five orking days of the date the notice of discharge, reduction or uspension was sent or given. (If a veteran, the request must ome within sixty (60) calendar days.) B. ithin fifteen days of receiving the hearing request, the mnission shall set a hearing date, and inform both the ployee and the appointing officer. C. e Civil Service Commission shall conduct its hearings formally and impartially in such manner as it deems best lculated to ascertain the correctness of the charges — eferred, and without requirement to adhere to technical les of procedure or evidence. The Civil Service Commission s all have the power to administer oaths. D. e decision of the Civil Service Commission shall be by m jority vote. The Civil Service Commission shall have the p wer, after having heard whatever evidence it deems s fficient, to act as follows: 1. Uphold the discharge of the employee from City in the classified service. 2. Reduce the employee in rank and/or compensation, provided such reduction is made in accordancp with Civil Service Rules. . , �� _�� 3 3. Suspend the employee, provided such suspension is made in accordance with Civil Servjce Rules. ' 4. Reduce and suspend said employee. 5. Order the employee to complete the last year of an , apprentice program, if applicable. 6. Increase or reduce the original penalty. 7. If the evidence does not support the action of the appointing officer, the employee may be reinstated, and the Civil Service Commission may order that the employee be paid his/her salary for any part of or for all of the time that he/she was relieved of his/her duties, may order that a letter, indicating that the action of the appointing officer was reversed and that the specific charge should not be considered in any future actions, be placed in the employee's personnel file, or may order the employee�s personnel file expunged of all material relating to the discharge. E. he Civil Service Commission's decision shall be in writing nd shall be served upon the employee through the mail at the mployee's last known address. III. GRIEVA1vC : EXAN,INATIONS, CLASSIFICATIONS, WAGE ADMINISTRATION If the i sue involves examinations, classification, timing of inerit increase and administration of wage rates, or performance appraisals the foll ing procedures shall be followed: —A. erformance Appraisal 1 . Employee discusses rating with the supervisor during the Performance Appraisal Conference. 2. Employee discusses rating with the appointing officer within 15 days of Performance Appraisal conference. 3. If all attempts to resolve the problem with the department are exhausted, an appeal may be made before the Civil Service Commission. a) Within fifteen days of the decision of the appointing officer, the employee must appeal in writing to the Civil Service Commission. . r . �� -/�� b) Appeal may be based only upon alleged: 1) Prejudice or bias, and/or � 2. Inadequate knowledge of employee's capabilities and performance on the part of the rating officer. ` 4. Civil Service Commission Appeal Hearing: a. The Personnel Director or his/her designee acts as secretary. b. A verbatim recording is made and kept for one year. c. The Commission may order a new review and state by whom it shall be done. d. The Commission may uphold the appraisal as originally made. e. The Commission shall direct the Personnel Director to notify the appointing officer and employee of its order within ten days of the conclusion of the hearing. B. xaminations 1 . Errors a) An incorrect answer on the scoring key may be corrected if brought to the attention of the Personnel Office within ten working days following — the competitor's review of the questions and answers. This may be orally or in writing. b) A scoring error may be corrected if brought to the attention of the Personnel Office, either orally or in writing, within ten working days following competitor's review of the scoring. 2. Challenges a) If a candidate has reason to believe he/she has beer. unfairly treated or that his/her answer is correct despite the disagreement of the Personnel Office, he/she should send a letter to the Personnel Director stating his/her concerns. This appeal must be made within twenty days of the initial discussion. (described in l.a above) . I . . , . _��a2 3 . . �,��° . . b) If the Personnel Director finds in favor of the Personnel Office, the cand�date may request a hearing before the Civil Service Commission. The request should be in writing and should state the specifics . of the issue. This appeal must be made within ten days of the Personnel Director's finding. c) The procedure in III A.3. is then followed. � (excluding III A.3.b) . IV. OTHER TERS (Not matters of Grievance) 1. Classification of job duties, grading of classes, fringe benefits, overtime allowance or other matters which can only be changed by a revision of the Civil Service Rules may be addressed by a letter detailing the nature of the complaint and the remedy sought. The letter should be sent to the Civil Service Commission. Such request shall be made within 30 days of a decision made by the Personnel Office. 2. The procedure in III A. 3. is then followed. (excluding III A.3.b) . The Commission may consider and recommend to the Mayor or Council changes which will remedy a problem. Persa,�nel Office DEPARTMENT ' • ��—�� .� No 3384 ht or ' � � CONTACT . � 4221 PHONE � December 10, 1985 DATE 1 „�� i � ASSIGN NUMBER FOR RO ING ORDER Cli All Locations for Si ture : �Department Direc r Director of Management Mayor Finance and Mana ment Services Director 4 City Clerk Budget Director 5 Civil Service Commissi n � City Attorney WHAT WILL BE ACHIEVE BY TAKING ACTION ON THE ATTACHED MATERIALS? (Purpose/ �at�onal��• This resolution e ablishes the Grievance Procedure outlined in ec ion 'of t e Civil Service Rul and in the City Charter. �`��'�'�� REC IVED U C� 1 �l ►�� ;1��YOR'S Q.�� COST/BENEFIT, BUDGET Y AND PERSONNEL IMPACTS ANTICIPATED: CI� A Tp�N� None , FINANCING SOURCE AND UDGET ACTIVITY NUMBER CHARGED OR CREDITED: (Mayor's signa- ture not re- Total Amount of T ansaction: quired if under $10,000) Funding Source: Activity Number: ATTACHMENTS (List an Number All Attachments : 1 . Resolution 2. Copy for Cit Clerk DE RTMENT VIEW CITY ATTORNEY REVIEW Yes o �aunci Resolution Req�ired? Resolution Required? es � No Yes I�Insura ce Required? Insurance Sufficient? es No „`� Yes /No Insura ce Attached: �y (SEE REVERSE SIDE FOR INSTRUCTIONS) Revised 12/84