|
DATE: 12-02-02
|
SUBJECT: FINAL READING 2002-O-306 AMENDING, ADDING, AND REPEALING CERTAIN SUBSECTIONS,
PARAGRAPHS, SECTIONS OF CHAPTER 2, ARTICLE II, DIVISION 5, SECTIONS 2-87.1
(DEFINITIONS), 2-87.2 (APPEAL PROCEDURES), 2-87.3 (GRIEVANCE PROCEDURES),
2-87.4 (APPEALS AND GRIEVANCE COMMITTEE), 2-87.5 (FREEDOM FROM REPRISAL) OF
THE CODE OF ORDINANCES OF THE CITY OF LAREDO, EXCEPT AS OTHERWISE STATED IN
ANY COLLECTIVE BARGAINING AGREEMENT AND PROVIDING FOR AN EFFECTIVE DATE OF
JANUARY 1, 2003. |
|
|
|
|
|
|
INITIATED BY: |
STAFF SOURCE: |
|
|
Cynthia
Collazo, Assistant City Manager Larry
Dovalina, City Manager |
Dan Migura, Jr.
Administrative
Services Director |
|
|
PREVIOUS COUNCIL ACTION: |
||
|
At the
November 18, 2002 City Council Meeting, council directed staff to proceed
with the finalization of this Ordinance. |
||
|
BACKGROUND: |
||
|
This
ordinance was established May of 1982, since then there have been some
challenges to the language of the current ordinance. The changes that have
been amended, added or repealed will serve to better clarify and provide
continuity in the procedures of the appeals and grievances and in the
selection and election process of the committee. |
||
|
FINANCIAL: |
||
|
None.
|
||
|
COMMITTEE/BOARD RECOMMENDATION: |
STAFF: |
|
|
Council
approves this amended ordinance as presented. |
||
ORDINANCE NO. 2002-O-306
AMENDING, ADDING, AND REPEALING,
CERTAIN SUBSECTIONS,
PARAGRAPHS, SECTIONS OF CHAPTER
2, ARTICLE II,
DIVISION 5, SECTIONS 2-87.1
(DEFINITIONS), 2-87.2(APPEAL PROCEDURES), 2-87.3 (GRIEVANCE PROCEDURES), 2-87.4
(APPEAL AND GRIEVANCE COMMITTEE), 2-87.5 (FREEDOM FROM REPRISAL) OF THE CODE OF
ORDINANCES OF THE CITY OF LAREDO, EXCEPT AS OTHERWISE STATED IN ANY COLLECTIVE
BARGAINING AGREEMENT AND
PROVIDING FOR AN EFFECTIVE
DATE OF JANUARY 1, 2003.
WHEREAS, the City Council passed Ordinance No.82-120 on, May 4, 1982, thereby setting up a procedure for employees to have an opportunity to express their dissatisfactions and to give their views on matters that relate to employment and working conditions; and
WHEREAS, the City of Laredo has determined that the ordinance addressing the appeals and grievance committee and procedures needs to be amended to clarify certain provisions; and
WHEREAS, these amendments will clarify committee elections procedures and other protocol issues, except as otherwise stated in any collective bargaining agreement,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO, TEXAS THAT:
Section 1: That Chapter 2, Article II, Division 5 with the respective sections of the Code of Ordinance be and is hereby amended to read as follows:
Sec. 2-87.
General procedures.
Employees shall have an opportunity to express their dissatisfactions and to give their views on matters that relate to employment and working conditions. Prompt and objective review of employee dissatisfactions and bona fide attempts to resolve them in an equitable manner will result in productive and mutually beneficial employee-management relationships. The appeal and grievance procedures in this division outline the principles and instructions to present, consider and determine appeals and grievances. Any hearing or inquiry upon any appeal or grievance shall be deemed to be an administrative proceeding and as such is not subject to the provisions of the Texas Open Meetings Act.
(a) It is the responsibility of the employee to provide current and accurate information to the Administrative Services department.
(b)
The appealing / grieving employee is
responsible for communicating all on-going action to his/her representative, if
applicable.
(c)
Request for a continuance must be submitted
in writing prior to the administrative hearing.
(d)
All pertinent documents must be submitted the
Administrative Services director / designee two (2) working days prior to the
committee convening.
Sec. 2-87.1.
Definitions.
(a) Adverse Action: Any action taken against a regular employee to suspend, remove or to reduce his/her pay.
(b) Appeal: A regular employee may appeal for reconsideration of any adverse action taken against him or her. Appeals must be in writing and signed by the employee.
(c) Days: Working days.
(d) Grievance: A request by a regular employee seeking personal relief
in a matter of concern or dissatisfaction that is within the control of
management. Dissatisfactions may
include employment and working conditions, treatment, job assignments, and
interpretation of current policies. Grievances
must be in writing, and signed by the employee.
(e) Non-Management
Employee: Any employee who has a position less than a division manager.
(e) (f)
Regular Employee: Any employee who has completed his or her orientation
period, except the city manager, department heads, part-time employees,
temporary employees, and city employees covered by a collective bargaining
agreement.
(g)
The Administrative Services Director or his/her designee shall facilitate
Appeals and Grievance Committee meetings, shall receive appeals and grievances,
and disseminate all pertinent documents.
(h) Appeals and Grievance
Committee: The name of this committee shall be the Appeals and Grievance
Committee, hereafter referred to as the Committee.
Sec. 2-87.2.
Appeal procedures.
(a) An
appeal may be filed through the Administrative Services Director
or designee with the appeals and grievances
committee at any time after written notice of an adverse
action decision is received but not later than ten (10) days after its
effective date.
(b) An
appeal must be filed with the appeals and grievances committee in writing. It should The
written appeal must specify the
solution being sought and the reason why the action
should be reversed.
(c) The
appeals and grievance committee must review the
appeal and make a recommendation within ten (10) working days of receipt of the
appeal. The appealing city employee
and the department head may fully present their reviews to the committee
in an attempt to resolve the problem. This time
limitation shall be deemed to be directory only, and not mandatory, so that
failure of the Committee to hold a hearing within ten (10) working days shall
not entitle the employee to a reversal of the action being appealed.
(d) Unless there is an extreme circumstance the appealing employee must be present for any hearing or inquiry held upon his/her appeal. The employee may also have a representative of his/her choosing appear before the appeals and grievance committee with him/her.
(e) The committee will report its written findings and recommendations to the city manager.
(f) Should the appealing
employee rescind the appeal, it must be announced at the hearing of the appeal
or must be in writing and delivered to the Administrative Services department
prior to the administrative hearing.
(f)
(g)The city manager will act within five (5) working days
on the recommendations of the committee and may affirm, deny or modify the
recommendations. This time limitation shall be deemed to be directory
only, and not mandatory, so that failure of the City Manger to review the
recommendations within five (5) working days shall not entitle the employee to
a reversal of the action being appealed.
The decision of the city manager is final.
Sec. 2-87.3. Grievance procedures.
(a)
Regular employees may file a grievance at any time concerning a continuing
practice or condition. A grievance
concerning a particular deed or occurrence must be filed within ten (10)
working days of the date of the occurrence.
A grievance at this stage may must
be filed orally or in writing.
(b) The grieving employee must first present his/her grievance to the immediate supervisor.
(c) The
immediate supervisor must inform the employee, orally or
in writing, of his/her decision within five (5) working days after the
grievance is received. The supervisor
must make a written notation of the grievance and of his/her decision for the
record. If the immediate
supervisor does not render a decision within five (5) working days, the
grievance shall be deemed to be denied, and the employee may then proceed
beyond the immediate supervisor with the grievance.
(h)
(d) In all instances where the employee chooses to pursue
his/her grievance beyond the immediate supervisor, the grieving employee must,
in the written grievance, specify the remedy sought.
(d) (e)
If the initial grievance presentation to the supervisor fails to settle the
grievance, the employee may send proceed
with a written grievance to the department head within five (5)
working days after receiving the immediate supervisor’s decision.
(e)
(f) The department head must review the grievance within
five (5) working days and render a decision in writing to the grieving
employee. If the department director does not render a decision within
five (5) working days, the grievance shall be deemed to be denied, and the
employee may then proceed beyond the department director with the grievance.
(f)
(g) If the grievance to the department head fails to be
resolved to the employee’s satisfaction, the employee may, within five (5)
working days of receipt of the decision, submit his/her grievance to the
appeals and grievance committee Administrative
Services Director or designee.
(g)
(h) The appeals and grievance
committee must review the grievance and within ten (10) working days of receipt
of the grievance submit its written findings and recommendations to the city
manager. The grieving employee and the department head may fully
present their reviews to the committee in an attempt to resolve the grievance
issue. This time limitation shall be deemed to be directory only, and not
mandatory, so that failure of the Committee to hold a hearing within ten (10)
working days shall not entitle the employee to a reversal for the action being
grieved.
(i) Unless
there is an extreme circumstance, the grieving employee must be present
and may have a representative of his/her choosing appear before the appeals
and grievance committee with
him/her.
(j)
Should the grieving employee rescind the grievance, it must be announced at the
hearing of the grievance or must be in writing and delivered to the
Administrative Services department prior to the administrative hearing.
(j)
(k) The city manager will act within five (5) working days
on the appeals and grievance
committee recommendations and may affirm, deny or modify the recommendations. This
time limitation shall be deemed to be directory only, and not mandatory, so
that failure of the City Manger to review the committees recommendations within
the five (5) working days shall not entitle the employee to a reversal of the
action being appealed.
The decision of the city manager is final.
Sec. 2-87.4.
Appeals and grievance committee.
(a) The
appeals and grievance committee will consist of
five (5) members who will hear, review and make recommendations concerning any written
appeals and grievances. presented to it pursuant to this division.
(b) The
membership Committee of
this committee will be composed comprised of one (1)
citizen of the city named appointed
by the mayor, two (2) employees named appointed
by the city manager and two (2) non-management employees selected
elected by the city employees at large.
(1)
The mayor’s appointee is the chairperson, who
shall serve a two-year term. Should the mayor vacate elected position before
term expires, the chairperson will remain in the position until the new mayor
is elected and appoints a person to the Committee.
(2)
The two (2) City Manger appointees will each
serve a two year term. For those
members currently serving for a term ending December 31, 2003, one member will
end their term on December 31, 2002.
That vacancy will be filled effective January 1, 2003 to expire December
31, 2004. For continuity, a new member
will be appointed at the beginning of each calendar year. Should the city manager vacate their
position, the appointees will remain on the committee until their two-year term
expires.
(3)
The two (2) elected city employees will each
serve a two-year term. For those
members currently serving for a term ending December 31, 2003, one member will
end their term on December 31, 2002 voluntarily or if needed, by odds decision.
That vacancy will be filled effective January 1, 2003 to expire December 31,
2004. For continuity, a new member will
be elected at large by the employees by holding a special election in December
2002. An election will be conducted
each year to maintain a continuous committee representation as member’s terms
expire.
(4)
An election will be conducted by written
nomination and written ballots each November to determine the elected employee
positions. In order to have fair
representation, only one non-management employee can be elected from a
department. In the event that two
employees are elected from a department, the employee receiving the next most
votes from another department will be elected.
(5)
Letters of recommendation by the committee to
the City Manager will be signed by the Chairperson / designee.
(c) In
addition to these members, two (2) nonvoting members
city staff liaison members consisting
of an attorney the city attorney /designee
from the city attorney’s staff
and the Administrative Services personnel director
/ or designee will also serve on
the committee and will assist and advise the
committee as required.
(d) The committee will be named on an annual basis at the beginning of each calendar year.
(e)
The members of the appeals and grievance committee shall serve a two-year term.
(f)
(e) The committee shall follow such rules of procedure and
order as it deems necessary in order to comply with this ordinance. will
establish rules of order and the frequency and time
for meetings, which must be approved by the city council.
Sec. 2-87.5. Freedom from reprisal.
No
employee or witness at the hearings of the appeals and grievance committee
shall be discriminated against, harassed, intimidated, nor suffer any reprisal
as a result of filing an appeal or a grievance. Such acts shall be
reported to the Administrative Services Director immediately.
Section 2: These amendments apply to all regular City of Laredo employees except temporary employees, and except to those Firefighters and Police Officers governed by the terms of any collective bargaining agreement.
PASSED BY THE CITY COUNCIL AND APPROVE BY THE MAYOR ON
THIS
DAY OF ,
2002.
Elizabeth
G. Flores
Mayor
Gustavo
Guevara, Jr.
City Secretary
Jaime L. Flores
BY:
Jerry Bruce Cain
Assistant City Attorney