Pursuant to code of ordinances, Sec. 21-49. Grievance Procedures, if at any time, any classified or unclassified civil service employees or individuals consider themselves aggrieved (hereinafter "the grievant") by city officers’ or employees’ alleged abuse of discretion in their treatment of the former (hereinafter "the respondent"), the grievant may seek to rectify the situation through the following grievance procedure. Grievances shall be based on good and probable cause. Qualified applicants with disabilities will receive help with completing the grievance form upon request. If your grievance is against your division director, you should skip steps 1 and 2; submit step III to the commissioner of your department.
If at any time in this procedure, the time limit imposed on the appropriate individual or supervisor is exceeded, the grievant may automatically appeal to the next level.
Pursuant to CAO Policy 5: Policy and Procedures for Harassment Complaints, an employee is never required to file a complaint with the person against whom the harassment complaint is directed.
Disputes concerning the administration of all ordinances and regulations pertaining to the Civil Service System, including recruitment, examination, classification, probation, promotion and compensation programs affecting the Civil Service System are matters vested in the Director of Human Resources and the Civil Service Commission by KRS 67A.210 et seq. and the Code of Ordinances, Section 21-3, shall not be heard through the grievance procedure described herein. Individuals may first consult the Director of Human Resources and, if not satisfied, the Civil Service Commission concerning those matters.
Step 1
- What – Verbal Grievance
- Who – Grievant and respondent
- When – Within ten (10) working days of the event of occurrence that gave rise to the grievance
- Response due date – End of conversation
Within ten (10) working days of the event or occurrence that gave rise to the grievance, the grievant shall orally discuss their grievance with the respondent.
Contact human resources for guidance if needed.
It is expected that every effort shall be made to reach a satisfactory settlement by informal adjustment.
If the grievant does not feel comfortable with talking to the respondent, the grievant may proceed to step 2 within ten (10) working days of the event or occurrence that gave rise to the grievance.
If the grievance is not settled with this step, the grievant may proceed to step 2 within five (5) working days of receiving the verbal answer.
Step 2
- What – Written Grievance
- Who – Grievant gives to respondent
- When – Within five (5) working days of conversation, or within ten (10) working days of the event of occurrence that gave rise to the grievance, if grievant skips step 1
- Response due date – Within five (5) working days
Give the original written grievance to the respondent within five (5) working days after receiving the respondent’s verbal answer; however, if skipping step 1, give the original written grievance to the respondent within ten (10) working days of the event or occurrence that gave rise to the grievance.
The respondent’s written response is to be given to the grievant within five (5) working days after receiving the grievance.
If the grievance is not settled with this step, or the grievant does not feel comfortable with taking this step, the grievant may proceed to step 3 within five (5) working days after receiving the respondent’s verbal answer; however, if the grievant skips steps 1 and 2, the grievant may proceed to step 3 within ten (10) working days of the event or occurrence that gave rise to the grievance.
Step 3
- What – Appeal to Supervisor or Higher Level Designee
- Who – Grievant and their Supervisor or Higher Level Designee
- When – Within five (5) working days, or within ten (10) working days of the event of occurrence that gave rise to the grievance, if grievant skips steps 1 & 2
- Response due date – Discuss within ten (10) working days
Written within ten (10) working days, if needed
Give supervisor the original or copy of the original form within five (5) working days after receipt of the respondent’s written answer or within five (5) working days if skipping step 2; however, if the grievant skips steps 1 and 2, give the original or copy of the original form to the supervisor within ten (10) working days of the event or occurrence that gave rise to the grievance.
Supervisor of the grievant shall notify their manager or director.
The grievant’s supervisor, or the supervisor’s higher-level representative, shall discuss the grievance with the grievant within ten (10) working days after receiving the grievance form.
If no settlement is reached after discussion with the supervisor, the supervisor, or the supervisor’s higher-level representative, shall give a written answer to the grievant within ten (10) working days following the discussion; however, this WRITTEN ANSWER SHALL RECEIVE THE PRIOR WRITTEN APPROVAL OF THE SUPERVISOR’S SUPERVISOR.
If the grievance is not settled in this step, the grievant may proceed to step 4 within ten (10) working days after receipt of the answer from the supervisor or their higher-level representative.
Step 4
- What – Appeal to CAO
- Who – Grievant and the CAO
- When – Within ten (10) working days
- Response due date – Discuss within ten (10) calendar days
Written within five (5) working days
If the grievance is not settled in step 3, the grievant may refer the written grievance to the chief administrative officer (CAO) within ten (10) working days after receipt of the answer from the supervisor or their higher-level representative.
The CAO or a designated representative shall discuss the grievance with the grievant within ten (10) calendar days after receiving the formal grievance at a time and place designated by the CAO or a designated representative.
The CAO's decision is final and shall be placed in writing within five (5) working days from the date of the meeting. A copy shall be sent to the grievant, respondent, and their supervisors. If the respondent is found to have abused their discretion, appropriate corrective action will be taken.
Reference:
Code of Ordinances, Sec. 21-49. – Grievance procedure.
Code of Ordinances, Sec. 22-32. – Grievance procedure.