§ XI. Grievances  


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  • Any employee may register a grievance in any case of a misapplication of policy or local rules. In the presentation of grievances, employees are assured of freedom from interference, discrimination, or reprisal. Procedures for filing and treating employee grievances are as follows:

    (1) An employee having a grievance must file such in writing with the immediate supervisor within five (5) working days of the occurrence of the incident. The grievance or complaint shall state the nature of the complaint, the names of the persons involved in the incident, and the relief expected. A copy will be sent to the equal employment opportunity officer who will assist pursuant to the affirmative action plan.

    (2) The immediate supervisor shall reply in writing within three (3) days stating the action taken regarding the complaint. If the matter is unresolved, the written grievance and the supervisor's reply shall be submitted to the next higher departmental level such as the mayor. Each level shall review the grievance and respond within the same time period established for the immediate supervisor's response.

    (3) The final step in the grievance procedure shall be reviewed by the civil service Board. Any grievance not resolved at the administrative level will be reviewed by the civil service board. Such review may be accomplished by an examination of the documentation or by setting a hearing at which the grievant may be heard. The hearing will result in a determination as to whether the complaint is a grievance. Such decision shall be binding on all parties.

    (4) All hearings before the board shall be recorded and transcribed. In all cases, the decision of the board shall be reduced to writing and entered in the record of the case. The board may in its decision uphold the action by the mayor, modify the action, set aside the action, or impose some other action determined by the evidence and pursuant to the law. The mayor may authorize the city attorney to appear and represent the interest of the city.

    The board and its specially authorized representatives shall have the power to administer oaths, take depositions and certify official acts. If the board finds it necessary to compel the attendance of witnesses and production of papers necessary as evidence in connection with any hearing, investigation, or proceeding within the purview of this act, the board or its representatives may invoke the aid of the Circuit Court of Colbert County to produce testimony or evidence. Upon proper showing, the court shall issue a subpoena or order requiring the person to appear before the board or its representative and produce all evidence and give all testimony relating to the matter in issue. The fees of witnesses for attendance and travel shall be the same as fees for witnesses in the circuit courts of this state and shall be paid from the treasury of the city.

(Ord. No. 07-0702, 7-2-2007)