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230425OR GINAL TO CITY CLERK PRESENTED COMMISSI, CITY OF ST. PAUL COUNCIL NO DICE OF THE CITY CLERK FILE L SOLUTION— GENERAL FORM -r- 230425 WHEREAS, Section 470 of the Civil Service Rules provides that the Council shall adopt by resolution a statement of grievance procedures, now, therefore, be it ' RESOLVED, TYiat all grievances of employees shall be handled in accordance with "Grievance Procedures ", copy of which is attached hereto and made a part hereof by reference as fully and completely as if set out herein verbatim; be it further RESOLVED, That the prior resolution of this Council, Council File No. 230394, adopted October 4, 1966, be and the same hereby is rescinded. F,,!'F�1D APPR V,ED Asst. Corporation Counsel COUNCILMEN Yeas Nays Carlson Dalglish Holland Meredith Peterson Tedesco Mr: President, Byrne OCT 51966 Adopted by the Council 19- OCT 51966 proved 19.._ �n Favor May Against PUBLISHED OCT 8 1966 22 G Grievance Procedures Procedure A A 4 Grievances coming under this procedure shall be limited to questions regarding the application and interpretation of policies and agreements, and shall not in- clude matters involving changes in policies or agreements or such items as discharge, reduction, salary or wage rates, classification of job duties, allocation of positions, grading of classes, fringe benefits, overtime or over- time allowances, examinations, service ratings, or changes in the Rules, These matters are covered under Procedure B. If any problem or cause of complaint not listed above, such as working conditions, job assignments, personnel problems involving a supervisor or fellow employees, etc. , arise in the course of employment, the following procedure shall be followed; Step 1. The employee shall bring his grievance orally to the attention of his immediate supervisor. If the grievance is beyond the jurisdiction of the immediate supervisor, he shall refer the matter to that level of supervision where a decision can be made. After hearing the grievance the supervisor shall give the employee an answer within two days. If no settlement is reached, the employee may present his grievance in writing and utilize the assistance of either another employee or any representative of his own choice in further discussing his grievance. After hearing the further presentation by the employees, or the employee and his representative, the supervisor shall give the employee an answer in writing within five days and a copy shall be sent to the Director of Personnel. If the employee wishes to appeal this decision he must do so within five working days. Step 2. If the grievance is not resolved in Step I, the employee and his represent- ative (if any) may appeal in writing to the division head. When the division head has reached a decision, a written statement of his decision and the -1- reasons therefor shall be sent to the employee and copies shall be sent to the appointing authority and to the Director of Personnel. The division head shall give his decision in writing within five work- ing days. If the employee wishes to appeal this decision he must do so within five working days. If the department is large or the organization provides for additional supervisory levels, there may be additional appeals to successively higher supervisory personnel at this point before appealing to the appointing authority. Step 3. If the matter is not settled in Step 2, the employee may appeal to his appointing authority. The appeal shall be in writing and shall set forth the grievance and the adjustment that is requested, The ap- pointing authority shall arrange a conference with the parties to the grievance, and the Director of Personnel shall attend such conference to act as consultant. When the appointing authority has reached a decision, a written statement of his decision and the reasons therefor shall be sent to the employee and a copy shall be sent to the Director of Personnel. The appointing authority shall give his decision to the employee in writing within ten working days. Step 4. If the grievance is not settled in Step 3, the employee has fifteen days from'the date of the appointing authority's decision to appeal for a hearing. The hearing shall be before a committee of three: one chosen by the appointing authority, one by the employee or his representative, and the third mutually agreed to by these two. The Director of Person- nel shall act as secretary to the committee. At the conclusion of the hearing, the committee shall send its recommendations to the appoint- ing authority, and to the employee. The appointing authority shall inform the Director of Personnel on the action taken. A verbatim recording shall be made of the proceedings of the hearing and such recording shall be kept on file for at least one year. -2- Procedure B In the case of grievances with regard to the following matters, the indicated procedures shall be followed: Discharge and reduction -- Follow the provisions of Section 32A of Ordinance No, 3250 (Civil Service Rules) Examinations -- Follow the provisions of Section 12B and 12C of Ordinance No, 3250 (Civil Service Rules) Classification of job duties, allocation of positions to classes and grading of classes -- A letter outlining in detail the nature of the complaint and the remedy sought should be sent to the Civil Service Commissioner. Fringe benefits, overtime and overtime allowance or other matters which can be changed only by a revision of the rules, A letter outlining in detail the nature of the complaint and the remedy sought should be sent to the Civil Service Com- missioner. Salary or wage rates -- A letter outlining in detail the nature of the complaint and the remedy sought should be sent to the City Council, Service ratings -- Before the employee utilizes this procedure he should discuss his service rating and attempt to resolve his problem first with the super- visors who have rated him and, if the problem is not resolved, then to attempt to resolve th i problem with his appointing authority„ Discussions within the department may concern any matter regarding the service rating, -3- The following procedure set forth below may be utilized by the employee after he has exhausted all attempts to resolve the problem in his department, but such appeals shall be limited to, and must be based on, alleged: (a) Prejudice or bias; (b) Inadequate knowledge of employee's capabilities and performance on the part of the rating officer; or (c) A combination of (a) and (b). In the conduct of the hearing the Board will. disregard any information not based on items (a), (b), or (c) above. The appeal of the employee shall be before a committee of three -- one chosen by the appointing authority, one by the employee or his representative, and the third mutually agreed upon by these two. The Director of Personnel shall act as secretary to the Committee. The employee who wishes to appeal a service rating must submit a written request for an appeal hearing within sixty days after notification that ratings are available. The appeal hearing request must be submitted to the Director of Personnel. In the appeal, the burden of proof rests on the em- ployee. The findings of the Board will relate to the allegations rather than specific items in the service rating. If the Board finds prejudice or bias and /or inadequate knowledge of the employee's capabilities and performance on the part of a rating officer, the Board may order that the aggrieved party be re- rated. The Board shall determine how this is to be accomplished by determining to the best of its ability under the circumstances how and who shall fairly rate the aggrieved party. The recommendation of the appeal board shall be delivered to the employee's appointing authority and to the employee within ten days after the hearing. The appointing authority shall inform the Director of Personnel on the action taken. A verbatim recording shall be made of the proceedings of the hearing and such recording shall be kept on file for at least one year. M121 DUPLICATE TO PRINTER CITY OF ST. PAUL COUNCIL NO OFFICE OF THE CITY CLERK FILE COUNCIL RESOLUTION — GENERAL FORM 23U425 PRESENTED BY COMMISSIONER DATE _ WHEREAS, Section 47C of the Civil Service Rules provides that the Council shall adopt by resolution a statement of grievance procedures, now, therefore, be it RESOLVED, Tkiat all grievances of employees shall be handled in accordance with "Grievance Procedures ", copy of which is attached hereto and made a part hereof by reference as fully and completely as if set out herein verbatim; be it further RESOLVED, That the prior resolution of this Council, Council File No. 230394, adopted October 4, 19663 be and the same hereby is rescinded. COUNCILMEN Yeas Nays Carlson Dalglish Holland Meredith Peterson Tedesco Mr. President, Byrne In Favor d Against ®CT 51966 Adopted by the Council 19— ®CT 5196 Approved 19.^ Mayor X22 a Grievance Procedures Procedure A Lei � -t �: Grievances coming under this procedure shall be limited to questions regarding the application and interpretation of policies and agreements, and shall not in- clude matters involving changes in policies or agreements or such items as discharge, reduction, salary or wage rates, classification of job duties, allocation of positions, grading of classes, fringe benefits, overtime or over- time allowances, examinations, service ratings, or changes in the Rules. These matters are covered under Procedure B. If any problem or cause of complaint not listed above, such as working conditions, job assignments, personnel problems involving a supervisor or fellow employees, etc. , arise in the course of employment, the following procedure shall be followed: Step 1. The employee shall bring his grievance orally to the attention of his immediate supervisor. If the grievance is beyond the jurisdiction of the immediate supervisor, he shall refer the matter to that level of supervision where a decision can be made. After hearing the grievance the supervisor shall give the employee an answer within two days. ,If no settlement is reached, the employee may present his grievance in writing and utilize the assistance of either another employee or any representative of his own choice in further discussing his grievance. After hearing the further presentation by the employees, or the employee and his representative, the supervisor shall give the employee an answer in writing within five days and a copy shall be sent to the Director of Personnel. If the employee wishes to appeal this decision he must do so within five working days. Step 2. If the grievance is not resolved in Step I, the employee and his represent- ative (if any) may appeal in writing to the division head, When the division head has reached a decision, a written statement of his decision and the -1- reasons therefor shall be sent to the employee and copies shall be sent to the appointing authority and to the Director of Personnel. The division head shall give his decision in writing within five work- ing days. If the employee wishes to appeal this decision he must do so within five working days. If the department is large or the organization provides for additional supervisory levels, there may be additional appeals to successively higher supervisory personnel at this point before appealing to the appointing authority. Step 3, If the matter is not settled in Step 2, the employee may appeal to his appointing authority. The appeal shall be in writing and shall set forth the grievance and the adjustment that is requested. The ap- pointing authority shall arrange a conference with the parties to the grievance, and the Director of Personnel shall attend such conference to act as consultant. When the appointing authority has reached a decision, a written statement of his decision and the reasons therefor shall be sent to the employee and a copy shall be sent to the Director of Personnel. The appointing authority shall give his decision to the employee in writing within ten working days. Step 4. If the grievance is not settled in Step 3, the employee has fifteen days from the date of the appointing authority's decision to appeal for a hearing, The hearing shall be before a committee of three: one chosen by the appointing authority, one by the employee or his representative, and the third mutually agreed to by these two. The Director of Person- nel shall act as secretary to the committee. At the conclusion of the hearing, the committee shall send its recommendations to the appoint- ing authority, and to the employee. The appointing authority shall inform the Director of Personnel on the action taken. A verbatim recording shall be made of the proceedings of the hearing and such recording shall be kept on file for at least one year. -2- Procedure B In the case of grievances with regard to the following matters, the indicated procedures shall be followed. Discharge and reduction -- Follow the provisions of Section 32A of Ordinance No. 3250 (Civil Service Rules) Examinations— Follow the provisions of Section 12B and 12C of Ordinance No, 3250 (Civil Service Rules) Classification of job duties, allocation of positions to classes and grading of classes -- A letter outlining in detail the nature of the complaint and the remedy sought should be sent to the Civil Service Commissioner. Fringe benefits, overtime and overtime allowance or other matters which can be changed only by a revision of the rules. A letter outlining in detail the nature of the complaint and the remedy sought should be sent to the Civil Service Com- missioner. Salary or wage rates -- A letter outlining in detail the nature of the complaint and the remedy sought should be sent to the City Council, Service ratings -- Before the employee utilizes this procedure he should discuss his service rating and attempt to resolve his problem first with the super- visors who have rated him and, if the problem is not resolved, then to attempt to resolve th : problem with his :appointing authority Discussions within the department may concern any matter regarding the service rating, -3- 230394 The following procedure set forth below may be utilized by the employee after he has exhausted all attempts to resolve the problem in his department, but such appeals shall be limited to, and must be based on, alleged: (a) Prejudice or bias; (b) Inadequate knowledge of employee's capabilities and performance on the part of the rating officer; or (c) A combination of (a) and (b). In the conduct of the hearing the Board will. disregard any information not based on items (a), (b), or (c) above. The appeal of the employee shall be before a committee of three -- one chosen by the appointing authority, one by the employee or his representative, and the third mutually agreed upon by these two. The Director of Personnel shall act as secretary to the Committee. The employee who wishes to appeal a service rating must submit a written request for an appeal hearing within sixty days after notification that ratings are available. The appeal hearing request must be submitted to the Director of Personnel. In the appeal, the burden of proof rests on the em- ployee. The findings of the Board will relate to the allegations rather than specific items in the service rating. If the Board finds prejudice or bias and /or inadequate knowledge of the employee's capabilities and performance on the part of a rating officer, the Board may order that the aggrieved party be re- rated. The Board shall determine how this is to be accomplished by determining to the best of its ability under the circumstances how and who shall fairly rate the aggrieved party. The recommendation of the appeal board shall be delivered to the employee's appointing authority and to the employee within ten days after the hearing. The appointing authority shall inform the Director of Personnel on the action taken. A verbatim recording shall be made of the proceedings of the hearing and such recording shall be kept on file for at least one year. ME