2004 RES R-114-04 - Laserfiche WebLink

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E. If the grievant is not satisfied with the decision of the City Manager, the grievant may, within ten days from the date of receiving the decision of the City Manager, submit a written request to the City Manager for the grievance to be heard by a grievance panel. The grievance panel shall be composed of three members: each party will appoint one member, and the third member will be an arbitrator. If the parties are unable to mutually select an arbitrator, the State Mediation and Conciliation Service shall be requested to submit a list of seven persons qualified to act as arbitrators. Within ten days following receipt of the list of arbitrators, the parties shall select an arbitrator. The parties shall alternately strike one name from the list until no name remains. The right to strike the first name is determined by lot. Each party shall select one person to serve with the arbitrator on a grievance panel. The parties selections shall serve only to resolve the grievance for which they are selected. The parties' selections may be City employees. Each party shall bear equally the cost of the fees and expenses of the arbitrator and court reporter, if any. Each party shall bear its own witness and attorney fees. All rulings, findings, and decisions of any panel will require the concurrence of two- thirds of the panel. The grievance panel shall render a decision in writing within 30 days of the closing of the record, except that if the parties submit closing briefs, the panel's decision shall be rendered within 45 days after receipt of the briefs. F. If any party is not satisfied with the panel's decision, that party may submit a written appeal to the City Council within ten days from the date of receiving the decision. Such appeal must be delivered to the City Clerk's office. Upon receiving the appeal, the City Council may adopt the findings of the panel or may modify or revoke the decision following a review of the record of the proceedings. The appealing party may request a meeting with the City Council, at which the parties are allowed to present additional argument. The meeting may be open or closed, at the request of the appealing party. Such meeting shall be held within 30 days from the date of receipt of the appeal, or preparation of transcript, whichever is later. Following the conclusion of the City Council meeting, and not later than the second regularly scheduled City Council meeting thereafter, the City Council shall render its decision. The City Council's decision shall be the final administrative remedy by which to resolve the grievance. If the Council does not respond within 30 days of the meeting with the affected employee, then the decision of the grievance panel shall become the final administrative action at the end of the thirtieth day. If the City Council does not review the panel's decision, the recommendation of the panel will become final, 30 days after the date of the recommendation. CPMA Comp MOU Expires 063005 10/21/2004 Page 5 of 15