(1)AR 031507 formal complaint process and procedures

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Memoranda of Understandin As noted above, most disciplinary procedures are governed by the memorandum of understanding applicable to the bargain unit. However, the memoranda of understanding for certain bargaining units (i.e., the unrepresented units) do not contain disciplinary procedures. For example, the memorandum of understanding for the Executive Unit does not contain any disciplinary procedures. The reason for that is that most members of the Executive Unit are at - will employees, who serve at the pleasure of the City Manager, and can be terminated without cause. A copy of the memorandum of understanding for the Executive Unit is attached as Exhibit 9. Employee Handbook The Employee Handbook, which was revised most recently in April of 2001, contains a brief reference to "grievance procedure." In substance, it states that employees are entitled to utilize the City's grievance procedure, and should consult the appropriate bargaining unit MOU for more detail. A copy of the relevant excerpt of the Employee Handbook is attached as Exhibit 10. DISCUSSION/ANALYSIS: Each of the employment related subjects discussed in this Report; i.e., employee grievances, appeals, hearings, investigations, notifications, sexual harassment, and hostile work environment, are treated in and/or affected by at least one, if not several, of the documents mentioned above. In many instances, the applicability of the various documents depends in large part on the particular employee's employment status, whether temporary, probationary, full-time permanent, or at -will; and also on which bargaining group covers the employee. It is beyond the scope of the Report to analyze every conceivable scenario, or even to apply particular documents to any individual. Rather, the discussion below merely sets forth general principles. Employee Grievances A "grievance" generally relates to an alleged violation of a provision in a memorandum of understanding. The City's grievance procedure is set forth in Administrative Policy No. 4.04.050, a copy of which is attached as Exhibit 6. Grievances related to collective bargaining issues are covered by Administrative Policy No. 4.03.100, a copy of which is attached as Exhibit 5. Appeals As a general proposition, subject to certain exceptions, most City employees have a right to appeal any disciplinary action to the Civil Service Board or through binding arbitration, depending on which bargaining unit the employee is in. The appeal process is discussed in Resolution No. R-15-00 and Ordinance No. 03-00, copies of which are attached as Exhibits 1 and 2, respectively, and also in Administrative Policy No. 4.04.050, a copy of which is attached as Exhibit 6, and in various memoranda of understanding for the represented bargaining units.