AGENDA #4g

MEMORANDUM

 

TO:                  Mayor and Town Council

 

FROM:            W. Calvin Horton, Town Manager

 

SUBJECT:       Correction to Personnel Ordinance Section on Grievance Appeals Process

 

DATE:             January 14, 2002

 

 

The attached amendment to the Personnel Ordinance would add two paragraphs which were not included when revisions to the grievance process deadlines were adopted November 28, 2001.  The two underlined paragraphs in the attached Ordinance were previously included in Chapter 14 and were inadvertently omitted in the November 28th amendment.  (These paragraphs include revised deadlines consistent with the November 28, 2001 amendments.)

 

RECOMMENDATION

 

That the Council approve the attached Ordinance.

AN ORDINANCE AMENDING CHAPTER 14 OF THE CODE OF ORDINANCES (2002-01-14/0-2)

 

 BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:

 

Section 1:    Section 14-114 of the Town Code is hereby revised to read as follows:

 

“

Sec. 14‑114     Procedure.

 

The following steps shall be followed in all employee grievances. All grievances must be in writing, either in letter or memo or using a Town of Chapel Hill grievance form; all documents used in the procedure must be dated and signed by the respondent and the recipient. Time limits at every step may be extended by mutual consent.

 

Previous to the first formal step of the grievance and conflict resolution procedure, it is required that employee and supervisor meet to discuss the problem and seek to resolve it informally. This meeting should be scheduled by the employee considering filing a grievance with his or her supervisor, within seven days of the incident or action giving rise to the problem. (Ongoing conditions are not subject to this deadline.)

 

1.         Step 1.  If the informal meeting does not resolve the problem, the employee may file a written grievance within seven (7) days of the meeting. Ordinarily, the supervisor will respond, in writing, within five days of receipt of the written grievance. In some cases, the supervisor may feel that a second meeting would be constructive. If so, the supervisor will schedule a meeting with the employee within five working days of receiving the written grievance, will thoroughly investigate the matter, and will render a written decision on the grievance within five days of the meeting.

 

2.         Step 2.  If the employee is not satisfied with the Step 1 decision, the employee may file an appeal with the department head within five days following receipt of the Step 1 decision. The department head shall, within seven (7)   days, set a date for a meeting which shall be held within a reasonable period of time. The meeting is for the purpose of discussing the grievance fully. The department head will render a written decision on the grievance within seven (7) days of the meeting.

 

3.         Step 3. If the employee, is not satisfied with the Step 2 decision, the employee may file an appeal with the town manager within seven (7) days following receipt of the Step 2 decision. The town manager may, in his or her sole discretion:

 

(a)          Within fourteen (14)  days of receipt of the grievance, set a date for meeting with the employee to discuss the grievance fully, and render a decision on the grievance within fourteen (14)  days of the meeting; or

 

(b)          Refer the grievance to the personnel appeals committee for consideration in accordance with Article XIII.

 

If the Town Manager hears a grievance under Step 3, the Manager will notify the employee if the decision of the Manager may be appealed.  Items for which the Manager's decision under Step 3 would be final include:

 

(a)        appeals of adopted Town or departmental policies themselves (allegedly inconsistent or unfair application of a policy could be appealed);

 

(b)        grievances alleging improper position classification or pay ranges; and

 

(c)        grievances from contract employees and from full-time and part-time employees serving their initial probationary period.

 

4.         Step 4. If the Town Manager elects not to refer the grievance to the Personnel Appeals Committee at Step 3, and if the grievance may be further appealed, the aggrieved employee may appeal to the Committee within seven (7) days of receipt of the Step 3 decision, by filing a Notice of Appeal with the Town Clerk. The procedure set forth in Article XIII shall then be followed.”

 

 

Section 2. This ordinance shall become effective upon adoption.

 

This the 14th day of January, 2002.