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<br />d. <br /> <br />The Finance Department (restricted to financial matters only) <br /> <br />e. <br /> <br />The City Manager (with notification to the employee) <br /> <br />f. <br /> <br />The City Attorney (with notification to the employee) <br /> <br />SECTION 4. That Section 11.00 of the City of San Marcos Personnel <br />Policies Manual is hereby repealed. <br /> <br />SECTION 5. That a new Section 11.00 of the City of <br />Personnel Policies Manual is hereby adopted to read <br /> <br />San Marcos <br />as follows. <br /> <br />XI. <br /> <br />The Grievance Procedure and the Appeals Process. <br /> <br />11.00 The Grievance Procedure: <br /> <br />a. <br /> <br />Scope-- The following are matters of review for the grievance <br />process: alleged violation of any city personnel policy; alleged <br />improper treatment of an employee; alleged violation of the <br />Occupational Safety and Health Act standards; the City <br />Charter and ordinances are not subject to this grievance process. <br />Matters involving sexual harassment may be dealt with under this <br />procedure or under Section 1.05 Sexual Harassment Policy, at the <br />option of the complaining employee. <br /> <br />b. <br /> <br />Procedure: <br /> <br />Step 1. <br /> <br />Step 2. <br /> <br />Step 3. <br /> <br />The employee and his or her immediate supervisor shall <br />meet to discuss the grievance. Each shall file a <br />written, dated summary of the meeting with the Personnel <br />Director within five working days of the meeting. If <br />the grievance is not resolved, the employee may file a <br />notice of appeal with the next highest supervisor in the <br />chain of command within five (5) working days of the <br />date the summary was filed. If an appeal is filed, the <br />employee and Supervisor and the next highest supervisor <br />in the chain of command shall meet to discuss the <br />grievance no more than five (5) working days after the <br />appeal was filed. Each meeting participant shall file a <br />separate written summary of the meeting with the <br />Personnel Director within five (5) working days of the <br />meeting. If the grievance is not resolved and the <br />employee desires to continue his appeal, this procedure <br />should be repeated following the time limitations <br />herein, with each next highest supervisor in the chain <br />of command until the employee has reached the <br />City Manager. <br /> <br />The grievance, if not resolved in Step 1, may be <br />appealed to the City Manager within five (5) working <br />days after the last Step 1 summary is filed with the <br />Personnel Director. Any or all of the prior grievance <br />participants as determined by the grieving employee and <br />the City Manager shall meet with the City Manager within <br />five (5) working days from the date of appeal to present <br />evidence. The City Manager shall prepare and file a <br />report and final decision on the grievance with the <br />Personnel Director and appealing employee within ten <br />(10) days of the grievance meeting. <br /> <br />If the employee is dissatisfied with the City Manager's <br />report and final decision he or she may file a notice of <br />appeal with the Personnel Appeals Board within ten (10) <br />days of the filing of the City Manager's report and final <br />decision. Copies of all the summaries and the City <br />Manager's report and final decision shall be forwarded <br />to the Personnel Appeals Board by the Personnel <br />Director and procedures in Section 11.01 of this Manual <br />shall be followed. <br /> <br />c. <br /> <br />Miscellaneous: <br /> <br />The Personnel Director may participate in any meeting in the <br />grievance procedure. The employee may be represented by an <br />attorney; or any other person of his or her choosing; if so, the <br />City Attorney or his designee shall also be present. Any party <br />to any proceeding in this process may call any witness to <br />