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Resolution - 6490RESOLUTION NO. 6490 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING RESOLUTION NO. 1276 AND IMPLEMENTING A GRIEVANCE PROCEDURE APPLICABLE TO EMPLOYEES IN CLASSES REPRESENTED BY THE WEST COVINA POLICE OFFICER'S ASSOCIATION, THE WEST COVINA FIREMAN'S ASSOCIATION, THE WEST COVINA CITY GENERAL EMPLOYEE'S ASSOCIATION, THE CALIFORNIA LEAGUE OF CITY EMPLOYEE ASSOCIATIONS, AND THE WEST COVINA COMMUNICATIONS OPERATOR'S ASSOCIATION. WHEREAS, the City of West Covina has Met and Conferred with the West Covina Police Officer's Association, the West Covina Fire- man's Association, the West Covina City General Employee's Association, the California League of City Employee Associations, and the West Covina Communications Operator's Association regarding a revised grievance procedure; and. WHEREAS, the West Covina Police Officer's Association, the West Covina Fireman's Association, the West Covina City General Employee's Association, the California League of City Employee Associations, and the West Covina Communications Operator's Association have agreed that the grievance procedure should be included in the Personnel Rules. NOW THEREFORE, the City Council of the City of West Covina resolves as follows: SECTION 1. That Resolution No. 1.276 is hereby amended by Exhibit A of this Resolution. Exhibit A" is on file in the Personnel nepartment. • SECTION 2. That Rule 13 of Resolution No. 1276 relating to griev- ance procedure is hereby rescinded and superseded by Exhibit A of this Resolution. SECTION 3. That the grievance procedure included in Exhibit A of this Resolution shall be applicable to employees in classes rep- resented by the West Covina Police Officer's Association, the West r'ovina Fireman's Association, the West Covina City General Employee's Association, the California League of City Employee Associations, and the West Covina Communications Operator's Association. SECTION 4. The effective date of this Resolution is January 1, 1982. SECTION 5. The City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this 8th day of February, 1982. Mayor ATTEST: City Clerk I ITERFBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of West Covina at a regular meeting thereof held on the 8th day of February, 1982, by the fol- lowing vote of..=the Council AYES: Councilmen: Bacon, .Tennant, Chappell, Tice, Shearer NOFS: Councilmen: none ABSENT: Councilmen: none APPROVED AS TO FORM: -C y A for ey • -} RULE XIII. COMPLAINT AND GRIEVANCE PROCEDURES N:y XIII.1 Establishment In accordance with Section 2-25.8 of the Municipal Code, these procedures are established in order to provide adequate opportunities for City employees to bring forth their views relating to any unfair or improper aspect of their employment situation and to seek correction thereof. XIII.2 Scope and Limitations The procedures set forth in Section XIII.3 of this rule shall apply to all employee complaints and grievances except where other methods have been specifically prescribed in the Personnel Ordinance and in these Rules, such as in the matters of dismissal, demotion, and reduction in step or range. ;:r:;• XIII.3 Definitions (a) Complaint. An allegation or charge that the complaining employee has suffered a wrong as a result of management action or inaction. (b) Complaint Procedure, The process by which a determination is made as to whether or not a wrong has been committed. (c) Grievance. An expressed claim by an employee that the City has violated, misinterpreted, or misapplied an obligation to the employee as such obligation is expressed and written in the City Personnel, Ordinance, Resolutions, Rules, and depart- mental administrative regulations. (d) Grievance Procedure. The process by which the validity of a grievance is determined. 4"++ iXIII.4 Complaint Procedure `h;! Step 1, The employee shall discuss any complaint with his immediate supervisor. The supervisor is required to review NO _i _. NO every complaint and attempt to settle it as quickly and fairly as possible. Step 2: If the action taken by his immediate supervisor is not satisfactory, the employee may take his complaint to successive levels of supervision as determined by the chart of adminis- trative organization, up to and including the City Manager. XIII.5 Grievance Procedure Step l: The employee shall inform his immediate supervisor of his grievance and relevant facts within seven (7) calendar days after the employee knew, or in the exercise of reasonable diligence should have known, of the events giving rise to the grievance. At least one conference shall be held between the employee and his immediate supervisor after the employee has expressed his grievance. The supervisor shall verbally advise ��'�. • the employee of his decision within fourteen (14) calendar days following notification of the grievance. Step 2: In the event such efforts as are specified in Step 1 are not productive of a mutually satisfactory solution, the employee or employees aggrieved shall complete and submit a City grievance form within seven (7) calendar days of receipt of the Supervisor's decision in Step 1, The grievant shall set forth all the facts necessary to an understanding of the issues involved, and refrain from including any unrelated charges or language.. The grievance shall include a citation of the sections of the City ordinances, resolutions, or rules alleged to have been violated and the remedy sought by the grievant(s). The grievance shall be signed by the grievant(s) and submitted to the grievant's immediate supervisor. Within seven (7). calendar days of receipt of a grievance form, the supervisor shall inform the grievant of his decision in writing. Step 3.: If the grievance is not satisfactorily resolved in Step 2, the grievant may, within seven (7) calendar days after receipt of his supervisor's response, submit the grievance to his Department Head. Such submittal shall be by written memo and include the original of the grievance form. After receipt of the grievance, the Department Head will meet with the grievant and make such investigation as is required. The grievant(s) shall in informed in writing of the Department Head's decision within fourteen (14) calendar days of receipt of the grievance. Step 4: If the grievance is not satisfactorily resolved in Step 3, the grievant(s) may, within seven (7) calendar days of receipt of the Department Head's decision, submit the grievance to the Personnel Director for consideration by the City Manager. Such .submittal shall include the original of the grievance form, a written statement of any issues which are still in dispute; and the specific basis upon which the grievants) takes issue with the position of his Department Head. The City Manager,.or his designee shall meet with the grievant and take such investigative action as he deems necessary. The grievant(s) shall be informed in writing of the City Manager's decision within fourteen (14):calendar days of receipt of the grievance. Step 5: If the grievant(s) is not satisfied with the City Manager's decision, he may, by written.notification to the Personnel Director, within seven (7) calendar days of receipt :: �. � 7: of the City Manager's decision, request that the grievance be submitted to the Personnel Commission. -3- The Personnel. Director shall, submit said ►-egq-,.1 , 1 ;,q p - i I i - i with copies of all the pertinent forms, docnmeni:.:;, -iiid materials concerned, to the Personnel Conmlissi.on. Tht, Personnel Commission shall make such investigation and hold such hearings as it requires and certify its findings as provided in Section 2-257 of the Municipal Code. XIII.6 General Provisions (a) No retribution cr prejudice shall be suffered by em- ployees making use of the grievance or complaint procedures by reason of such use. (b) Forms for filing and processing grievances and other documents necessary under these procedures shall be prepared by the Personnel Director and given appropriate distribution. ,�,R All documents, communications, and records dealing with the • processing of grievances shall be filed separately from personnel files. (c) Failure by management at any step of this procedure to communicate the decision on the grievance within specified time limits shall permit the grievant to proceed to the next step. (d) The grievant shall be present at all steps of this procedure. (e) Failure at any step of this procedure to appeal a decision on a grievance within specified time limits shall be deemed acceptance of the decision rendered.. (f) The time limits specified at any step in this procedure may be extended by mutual written agreement. (g) The original of the grievance form shall accompany all requests before .initiating the next step in the grievance procedure. (h) Beginning with Step 2 of this procedure, the grievant(s) may be represented by a person of his/her choice.