§ 10. Presentation of employee grievances.

A.

Policy. It shall be the policy of the City of Fort Lauderdale to provide a procedure for the presentation and mutual adjustment of points of disagreement which arise between employees and their supervisors, and to assure employees that their problems and complaints will be considered fairly, rapidly and without reprisal.

B.

Purpose. The primary purpose of this grievance procedure is to determine what is right rather than who is right. Free discussion between employees and supervisor will lead to better understanding by both of practices, policies and procedure which affect employees. This will serve to identify and help eliminate conditions which may cause misunderstandings and grievances.

This purpose is defeated if a spirit of conflict enters into the consideration of a grievance. Supervisors and employees alike must recognize the true purpose of the grievance procedure if it is to be of value in promoting the well-being of the organization.

C.

Definition of a grievance. A grievance is a complaint, a view, or an opinion pertaining to employment conditions, to relationships between an employee and his supervisor or to relationship with other employees.

Employees should first discuss any problem or complaint which is in the nature of a grievance either with their immediate supervisor or with the personnel director. In many cases, the personnel director, with the employee's consent, will be able to work out a satisfactory solution or to advise the employee regarding further presentation of his grievance.

Whether or not the employee takes his problem first to the personnel director, the following procedure will be adopted for the presentation of all grievances not resolved by the personnel director.

D.

Procedure for presentation of grievances.

1.

Discuss with supervisor. The employee shall first take his grievance to his immediate supervisor who shall make a decision and advise the employee within three (3) working days. It is not necessary or desirable that the grievance be presented in writing to the supervisor.

Supervisors are encouraged to consult with their division heads, department heads, the personnel director, or any other individual who may be qualified to offer assistance or information which will aid the supervisor to reach a mutually equitable decision.

2.

Appeal to department head. If the grievance is not resolved by the immediate supervisor to the satisfaction of the employee, or if a decision is not made by him within three (3) working days, the nature of the grievance and the desired solution may be submitted in writing by the employee to his department head. This request must be filed by the employee not later than three (3) working days after receipt of the supervisor's decision or six (6) working days after the original grievance was first taken to the supervisor, whichever first occurs.

A duplicate copy should be sent by the employee to the personnel director who shall review the grievance and, within five (5) working days, notify the employee and his department head whether the grievance is subject to established ordinances, administrative regulations or these rules.

Upon receipt of notice from the personnel director that the grievance is not subject to established ordinances, regulations or rules, the department head shall then have the responsibility for settling the grievance and shall inform the employee in writing of his decision within five (5) working days.

;adv06;Grievances which are subject to charter, ordinance, administrative regulation or these rules shall be handled as provided therein.

3.

Appeal to the city manager. If the disposition of the grievance by the department head is not satisfactory to the employee or if a decision is not made within five (5) working days, the employee may, in writing, request his department head to refer his grievance to the city manager. All such requests will be forwarded to the city manager by the department head without delay.

;adv06;This request must be filed by the employee within five (5) working days after receipt of the department head's decision and, in any case, not later than ten (10) working days after he sent the original request to the department head. A copy of his request for review by the city manager shall be sent by the employee to the personnel director.

;adv06;The city manager, upon being notified by the department head of an appeal may affirm, deny, or modify the decision of the department head, or he may refer the appeal to the personnel director for submission to a grievance committee. In the event the department head has reached no decision within the allotted five (5) working days, the city manager may decide the case himself or refer the matter to the personnel director for submission to a grievance committee. The city manager will act upon an appeal within ten (10) working days.

4.

Appointment of a grievance committee. When the personnel director is so notified by the city manager, he shall assemble a grievance committee within ten (10) days following receipt of such notice. A grievance committee shall be composed of three (3) members. One (1) member shall be the employee or his representative, one (1) member shall be the department head or his representative, and the third member, who shall serve as chairman, shall be selected and mutually agreed upon by the first two (2). If an agreement cannot be reached, the personnel director shall appoint the third member.

The chairman of the grievance committee shall schedule a hearing to be held within fifteen (15) days, at a suitable time and place, and shall so notify his committee members, the employee, department head, and personnel director.

5.

Decisions of grievance committee. Within ten (10) days following the conclusion of the hearing, the grievance committee shall supply the city manager with four (4) copies of its report and recommendation, as approved by a majority of the committee.

Upon receipt of the committee's report and recommendation, the city manager shall put in writing the course of action he intends to follow and shall forward one (1) copy of his decision and one (1) copy of the committee's report and recommendations to the department head; one (1) copy of each to the employee; and one (1) copy of each to the personnel director. The fourth copy shall be retained by the city manager. The decision of the city manager, following consideration of the report and recommendations of the grievance committee, shall be final and the employee shall have no further right of administrative appeal.

E.

Appeal to the Civil Service Board. The charter and these rules grant to regular employees the right to have reviewed by the civil service board action leading to the removal, suspension, or reduction in rank of the employee.

It is not intended that the grievance procedure herein set out conflict with, supersede, or in any way jeopardize this right. Rather, it is expected that this procedure will apply to prevent problems, complaints or disputes from becoming so serious as to necessitate a personnel action subject to civil service board review.

(Res. No. 8214, § 16, 8-1-61; Res. No. 66-46, § 1, 2-15-66; Res. No. 81-369, § 1, 12-15-81)