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Home My WebLink About1991-07-12 CITY OF EH1ffi CIVIL SERVICE POLICY MINI comma July 12, 1991 9:00 41.16 MINUTES I. Call 'warder The Civil Service Commission Policy Review Committee met in a regular meeting on Friday, July 12, 1991 at 9:00 a.m. in the downstairs Administration Building (conference Room. Henry Boatright, Commission Chairman Willie Mae McCormick, Commission Mier David Gilfillan, Alternate Commission Metter afelitINIZOLIVegient Ruth Alley, Personnel Manager Alice Cahill, Personnel Technician Elsie Dougherty, Library Margarita Franco, Police Department Linda Free, Administrative Services Diana Kopecky, Fiscal/Human Resources Jerry Payton, CO mtamity Development Scott Stamps, Fire Department Ron Williamson, Police Department (]p�!ittx�e l�bems 1j Mark Lipman, Fire Department Nick Mitchell, Community Services Jeff Murphy, Streets/Utilities Scott Parsley, Fire Department Donald Scott, Police Department Paul Wrzesinski, Streets/Utilities Civil Service Policy Review ( iittee Minutes 07-12-91 Page 2 II. Mrs. McCormick opened the meeting with the invocation. Ill. The Revised Minutes of May 10, 1991 were approved as read. IV. The June 14, 1991 Minutes were approved as read. V. SECTION 10.18 - (7Ct8llea'ilTB1i — Continued The Qitudttee recommended the following policy on Uniform Allowances be consistently applied to all departments; that the Police Department does not receive an adequate cleaning allowance. This section will be tabled for further discussion when more information is available. The policy currently reads as follows: Section C. Supplementary Allowances: 1. Uniform Allowance - The City will provide for uniforms, special clothing, safety equipment and cleaning services in certain departments. Since these requirements change from time to time it is not possible to be specific. Generally, these allowances are limited to the Department of Public Safety (Fire and Police), however, other departments will extend this allowance to some degree. Employees should refer to their supervisor for the specific applicability of this allowance to their assignment. The City reserves the right to issue, suspend or revoke this special allowance at any time to any employee where no conflict exists with preemptive law. The Committee remanded Section 10.18.C.2 - Tuition Reimbursement be approved to read as follows: SECTION 10.18.C.2 - TUITI(H J/t '/ice/14404 /46f/0X/ X4 /YOt/2100710,400 00040/00000 /04400/00/Off/00KV A1000/ht/04+0000 / 0000710/00g0400/$4100/00/00001/00/PW00/0/13000g/91000/ my/mow/4 /4 `//000,0/OW/t /*WWI*'/X4 `/740000 x/X//1/ XXX00/ /#' / XPJ4/ /MA410 4 X4 /4 /# Of/A44000// 0000//X000004//X$//0 //000000//0 094400,4600/hVI40005600/544,4471/X0/09WW4141000/100 Civil Service Policy Review Committee Minutes 07-12-91 Page 3 BMX`/MMMX' /W WI/W '!/OX /X//7'00-00/OW X E/00 400 JO`/ 1000 i KMM/00/ / X0MMie/X0OX/Mf/i X/00 /MMM¢0X /X► XlX0'0/ 0Y000/ /0000/l x`J 000/MMMQ i-X x/ $V0000M //'MXX /00/000000 Xs /01/ /0XiX�/PI/XM,I X $/0X 00//000000404W/0440$100 00X X00XXX40X / /i xi$0000000i000000000X/Y-0000 X / x/ //900 /03(00/40/o/MM/OW-00/Xo/41410,t/WO/000X000f0 00$000/00014t00/07e/10/0/¢x xY/XMW /MX `404100/0 0000/00/MX90X/ xY/ X/XM/J0/MX`00000/ z/X// //0 `//i //MMMM0//MMM i //fMMM//03XX00XMY,1//Xis/ M 000000MXY if*/MXq/MMMXMYs /W-00000/ /t iM /XM WO/ 200//1e0//XXXM//X00-X0X// 00 //MM//M//710,01000 $046410 00000//4 1 0 0 0 0 0 X 7//;E'MP X%//MXi-i//iO/ MOO// //i // x//00000X// Pr//Xf1A0X WAN /XM /04410000X/ / X /00091 /OM /Mr /XMXXXM$ A0004000MX MVO /s 00 /MX /00000 /*s&,1 /946000 /Of //91000// //x00//onpio mime//powwow//Xt /mop moo/ 7/0i/ x // /iom omomfoxx/i x z //miltiwrogatopw Xs /i Y/ X /M/gopio/a'/pemv/M moix / x MMM/s+ xx /MMs+ X`MMMo%M/0001/04/M/7M7/MX mow/XM georogomostoomeomogi/MMvXM/MXXxx/ anfros / X/X#M/XX ores x x i� /i ieogrow x/ // XMXM4/mum*/i$/MMM¢XOX MAW/0000000/tY/14 /StxXY 00X04/00/00%/0/ /fiX/M/ l40/Mxt /MMX `XMMXMM/MM/0x 513100fil/X /iegitX00/0X0 ' / /M /i0X0/f0 /MMX/Of/M Mg// xsYMMM/ /OW/003,0$ /OX/ /P41000/0,46000000X /*XX/02100/XM/0000/OM/PO/MY/Pr/%YY/107 /0IY-Ox` / 70004 /MMMX /x010% / MX /44 ¢W-001/KxgxMOMS/MXXMX`/ 701-0c1/2144100-0 MIAOW/if i /MM0r/t0M/Y0 $XMXXXY/x00100/ Y /0itY/00/0000YØØ NXxX 00/0X000091/Y-0/040,4400/Y$0//SxXW/10X/s1Y/WXiXs+ / M X XM/IN/1e /r441/XMX/944100$/00000Y-091/*OM/MXY 1100/0,1` ¢40000 /KXMX /W M* /MX /Mg /1(-04#0,010100 0/ /WOO /O /i ' OXI000070/BMX/MMi/4YM ii /XMX/X Y / XX/00 M /M /XO/0000 1100/00000/i /00/POWWOW/POO/ 117//i X`XX¢XX P0$/XM/WO/141,10MM/0$ /000 Y46/ X /50/AY¢/00,101091/00/M XX X'Y/X `XMM/s6X 00g0000Y/ Civil Service Policy Review Cc m ttee Minutes 07-12-91 Page 4 [10.18 - ] [C.2 The City will provide a program for tuition reimbursement to encourage and promote the hiring and retention of qualified, trained personnel. Management believes that both the City as well as the employee will benefit from enhanced education.] [This program is designed to encourage City employees to improve their skills and performance by enrolling in post secondary courses related to their job. All City employees are eligible for participation in this program. ] [All full time City employees are eligible to participate in the program after successful completion of six months of service to the City. The City will reimburse the employee for all tuition and fees related to the approved course based upon state school costs, if the course is available at a state school, and upon proof of having completed the course with a grade of "C" (undergraduate) or a 'B" (graduate) course. An advance reimbursement will be offered to an employee with the understanding that should the grade of "C" or better not be earned, a deduction from payroll will be processed. The employee must remain in service to the City for at least one year following course completion; otherwise, all sums paid by the City will be reimbursed to the City. Courses must be scheduled during off duty hours.] The Committee recommended Section 10.19 - Special Compensation be approved to read as follows: SECTION Overtime - Employees required and authorized to work overtime (time in excess of their normal work shift or work week) shall be compensated as follows: Pay - for the purposes of overtime pay, employees are considered as exempt and non-exempt. [(See "Definitions" for Fair Labor Standards Act definitions of exempt and non-exempt.)] All non-exempt employees shall be paid for overtime at a rate of one and one-half (1 1/2 times their regular hourly compensation. Exempt employee's salaries are structured to compensate for casual overtime, usually about four (4) hours per week. In unusual circumstances, as determined by the City Manager, exempt employees may be c onpensated for overtime. Civil Service Policy Review Cbm$nittee Minutes 07-12-91 Page 5 B. Terminal Pay - Employees who are leaving the Civil Service System may qualify for terminal pay by Ligning in accordance with the Personnel Rules and Regulations. This terminal pay shall consist of any normal salary earned including basic salary, overtime, longevity pay, unused vacation, and holidays. W ip0t/ XX/ / /000X/X0/ice i /101/1 'S / {Terminal pay shall be made at the next pay period after termination.] C. Adjustments During Temporary Transfers - Salary adjustments during temporary transfers shall be made in accordance with the Personnel Rules and Regulations. D. Mileage Allowance/rransportation/Travel Time - Employees who are required to report to work at places other than their normal work station and outside the City limits shall be provided transportation by the City or shall be authorized to use their private automobile and be compensated in accordance with current administrative regulations. E. Per Diem/Meal Allowance - Employees required to be outside the City limits shall be reimbursed for documented and approved expenses. F. Standby Duty - Employees shall be compensated at a rate of twenty percent (20%) of [his] normal calculated hourly cessation for all bonafide standby duty. [Employees performing standby duty] "must be at home or work station." Requires posted notice or special written orders from supervisor. The Committee receded Section 10.20 - Retirement and Insurance be approved to read as follows: se`1'1Cii 10.20 - A. Retirement System - The general description of the retirement pry stated herein is not a contract. The necessary detailed provisions affecting these programs are stated in other contracts and laws. For detailed assistance, employees may contact their supervisor or the Personnel Department. B. Texas Municipal Retirement System - Employees who are not gyy m % [sixty (60)] years of age or greater are eligible to participate in this retirement system. All participants will receive an annual statement of their account which will reflect the participant's equity and projected retirement income. Participant contributions are recoverable when leaving the system for reasons other than qualified retirement. Certain disability benefits and death benefits are also provided in this system. Civil Service Policy Review Committee Minutes 07-12-91 Page 6 ¢//// YoX / `X t/f /XXX /00010Y000/ /1E¢,4 /X$ /ice woo// XWX// ` 141// i /MVO// i // X 160410PWW//91,44160,#)t// // //16 z0//XS///WOW* ANSMONOW:[C. [Social Security - Regular full-time employees are not participants in the Federal Social Security System, except for MEDICARE deductions only, as of April 1, 1986. Effective July 1, 1991, the Federal law mandates that all employees not covered under the Texas Municipal Retirement System will be covered by 0000X gogoexpi///o ` a [federally approved] qualifying retirement program.] D. Insurance - The general description of the insurance programs stated herein is not a contract. The necessary detailed provisions affecting these programs are stated in other contracts and laws. For detailed assistance, employees may contact their supervisor [or the Insurance Department.] E. Life Insurance - Group life insurance is provided at the City's expense to all employees based on annual earnings as specified in administrative regulations issued by the City Manager and approved by the City Council. Life insurance for employee dependents will be offered for employee option at employee's expense. F. Medical Insurance - Group medical insurance is provided for employees at the City's expense as specified in policies and documents issued to each employee. The group policy covers hospitalization, surgery, other hospital expenses, doctor's costs and major medical. Refer to your individual policy for further details. G. Major Medical - Major medical generally provides for approximately 80 percent of all expenses incurred by an employee not covered by other provisions of this program [and] will be paid with a specified deductible. For additional information refer to administrative regulations and individual insurance policies. Employee dependents are provided the same medical insurance coverage as employees with the employee paying the cost for dependent coverage. H. Workman's Compensation - All employees are covered by Workman's Compensation as of July 1, 1974. This program is required by State Law and generally protects an employee from loss incurred due to injury on the job. This protection covers, with limitations, loss of life, limb, and income. Civil Service Policy Review Committee Minutes 07-12-91 Page 7 The Committee mended Section 10.21 - Miscellaneous be approved to read as follows: - MOOJAMM Credit Union - Credit union privileges are available through 14,i91/0000/9:091#410,46$ [Carswell Credit 'Wm.] B. Veterans Considerations - As stated in the Rules and Regulations, veterans receive additional consideration as follows: Grads of applicants - add five points for veteran with honorable discharge, total grade = examination grade + veterans points. C. Service Award - Service pins will be awarded for each five (5) years of service up to twenty-five (25) years. ACM 10.21.0.1 [Participation in a Deferred Ccampensation program is available for City employees.] NI): 10.21.C.2 [Full-time employees are eligible to participate in a Flexible C mpensation program] D. Rights of Employees - In addition to all the benefits stated herein, employees also have the following rights: 1. To appeal before the Commission/Council 2. To recover full pay loss incurred at hearings before the Commission/mil when found not guilty of charges 3. To review own promotion examination and grading 4. To seniority rights 5. To freedom from political pressures 6. To attend all public city meetings 7. The right to communicate on an informal and confidential basis with any member of the Civil Service Commission except where such communication pertains to any pending grievance or appeal. Civil Service Policy Review Committee Minutes 07-12-91 Page 8 E. Seniority - The Personnel Department shall prepare and distribute seniority lists as required. These lists shall be utilized to determine the following: 1. Vacation Leave 2. Service Awards 3. Longevity Pay 4. Reinstatement 5. Layoffs during reduction in force Seniority shall begin on the date of entry into the Civil Service System or on the last date of hire for existing employees. When deserving employees have broken service with the City, this service may be connected for seniority purposes by the City Manager. Broken service will result in an adjusted employment date. The Committee remanded Chapter 11 - Duties, Responsibilities and Operation Procedures be approved to read as follows: MEIER ELEVEN 1'ik"N: 1._._441u.. ._tf •Aoz. (J!t _��•'.:•'- -i1:N. Swan 11.01 atamigGANKUMeggbilitifig The Euless Civil Service Commission in accordance with Euless City Ordinance NO. 498 will be responsible for: A. Proper conduct of Commission business B. Serving as a review board for all appeals to the Commnission. The City Manager and the Civil Service Officer shall be responsible for: A. Preparation, implementation, and enforcement of the Personnel Rules and Regulations. B. System for testing, examination and qualification of applicants for employment. Civil Service Policy Review Committee Minutes 07-12-91 Page 9 C. Certification of qualified applicants. D. Rules, regulations and procedures for suspension or dismissal of employees for just cause. E. Establishment of a system for job descriptions, classifications and compensation. F. Provisions for employee fringe benefits. G. Employee personnel actions including promotion, demotion, seniority, tenure, layoffs, dismissals, suspensions, and other disciplinary action. H. Submitting additions, revisions or amp to the Personnel Rules and Regulations for approval. I. Performing such duties as are requested by the Commission incidental to the conduct of business of the Cone fission. METRO 11.02 gcoluctstiltallgen_Qt_the.Stildeake The Commission shall be organized in accordance with Ordinance NO. 498, Articles III and IV. A. Meetings - The Commission meetings shall be planned, conducted and documented as follows: 1. Meetings shall be called by the chairman, with notice given in accordance with State Law and these rules. 2. Emergency meetings may be called by the chairman with notice given in accordance with State Law and these rules. 3. The order of business shall be: a. Invocation b. Approval of Minutes c. Old Business d. New Business e. Floor open to discussion and comments f. Adjourn Civil Service Policy Review Committee Minutes 07-12-91 Page 10 4. Meetings shall comply with applicable statutes, 5. Meetings shall be held in facilities approved by the Council. 6. All meetings shall be documented by approved minutes. B. Publishing Rules and Regulations - Upon receipt of final approval from the Council of (a) the initial rules and regulations, or (b) subsequent changes thereto, the Civil Service Officer shall proceed as follows: 1. Publish all approved items. 2. Post published items in City buildings which are designated by the City Manager as primary work stations for 0000000 employees. 3. Forward copies of all published items to the City Manager, Department Heads and branch work stations. 4. The Civil Service Officer shall maintain extra copies for review by employees and citizens of Euless. C. Investigations - The Commission with approval of the Council shall provide for investigations to determine compliance with this Civil Service System or when approved by the City Council for other purposes. In the conduct of investigations, the Commission may require, during normal working hours: 1. The attendance of wig 2. The production of books and papers pertinent to the investigation The Committee recommended the following Section 11.02.D - Maintenance and Retention of Records be in accordance with federal guidelines of record retention requirements. The following policy will be amended as required to remain consistent with legal guidelines as may be required. D. Maintenance and Retention of Records - The City Manager and the Civil Service Officer shall establish, maintain and retain personnel records [of previous employees] in 0000000y files as follows: 1. Personnel records shall be maintained in a current file for a period of three (3) years. Civil Service Policy Review Committee Minutes 07-12-91 Page 11 2. At the end of three years, the personnel records may be transferred to permanent storage in the historical archives. [3. Maintenance and retention of records shall always be maintained and retained in accordance with Federal guidelines on Record Retention Requirements.] E. Reports - Reports shall be required in the conduct of the business of the Commnission or Council as follows: 1. To the Civil Service Officer: a. yommogemogoos [Performance evaluations] on employees shall be provided by 000011000/0000$ [Directors] at the end of the first six months of service, at the end of one year of service and annually thereafter on the approved form/forms. The report shall be prepared by the immediate supervisor or 0000,000/0000 [Director] of each employee and reviewed/edited/approved by the 00000000/$000 [Director] and the Civil Service Officer. The Civil Service Officer shall forward to the City Manager those reports which indicate problem areas. The City Manager shall provide, at the Cairmiission's or Council's request, prompt and complete reports on matters under consideration. 2. To the City Council - The City Manager and the Civil Service Officer shall provide, when requested by the Council, a report/reports to keep the Mayor and Council informed on the Civil Service System. The Committee asked that the City Attorney issue a definition of the term "discrimination" referred to in Section F.1 - Appeals Procedures. The Committee also requested a specified time frame within which a supervisor or manager must issue a reprimand or disciplinary action to an employee. This will be addressed in Chapter 9 Section 9.03 - Disciplinary Action in the August meeting. F. Appeals Procedures - Employees may file appeals to the City Manager, Civil Service Commission and the City Council. 1. Appeals - Any employee may file an appeal to request a hearing concerning a suspension, demotion, termination, layoff or discrimination. The appeal shall be in legible writing, printing, or typing, giving the following information: Civil Service Policy Review C zunittee Minutes 07-12-91 Page 12 a. Date, time, place and detailed description of the alleged incident b. Specify the nature of the appeal c. Explain why the action is considered unjust/unfair. 2. Appeals to the City Manager - An appeal by an employee must be delivered to the Civil Service Officer within ten (10) 10400g [business] days after the alleged incident occurred. The Civil Service Officer shall date stamp the appeal and forward to the City Manager. The City Manager shall review the appeal and respond in writing within ten (10) 00 [business] days of the filing date. If the appeal is not resolved to the employee's satisfaction at the City Manager level, the employee has recourse to appeal to the Civil Service Ccmnnission. Requests for a Caatumission hearing must be filed with the Civil Service Officer within ten (10) 00eXhig [business] days from the date of the City Manager's written decision. Upon receiving a request for a hearing before the Commission, the Civil Service Officer will notify Coirmission members within two (2) yd c'004 [business] days. 3. Hearings Before the Commission - After receipt of an appeal, the Commission shall proceed as fol locos: a. Determine the validity of the appeal. b. When the appeal as determined by the °omission does not warrant a hearing, the employee and the City Manager shall be notified in writing within fifteen (15) 'wow [business] days and the employee or the City Manager shall have recourse to file an appeal with the Council within ten (10) 140p [business] days from the date of the Commission's written decision. c. When the appeal as determined by the Commission does warrant a hearing, the Cnission shall acknowledge, in writing to the employee and the City Manager, receipt of the appeal and the date and time of the hearing. The hearing shall be held Civil Service Policy Review Committee Minutes 07-12-91 Page 13 not more than ten (10) 90400g [business] days after the receipt of the appeal and the final decision rendered on such appeal not more than fifteen (15) 0040021 [business] days from date of receipt of the appeal. Copies of the appeal and the (mission's decision shall be forwarded to the City Manager and the employee. d. During the hearing the City Manager or his designee shall represent the City's position and the employee or his designee shall represent the position of the appellant. The Commission shall consider all evidence presented and shall extend equal privilege to both parties. e. The City Attorney may be requested to advise the Ccatanission during conduct of the hearing. Requests for assistance from the City Attorney will be submitted to the City Manager. f. If the employee or City Manager is not satisfied with the Commission's decision, the employee or the City Manager has recourse to appeal to the City Council. Requests for a Council hearing must be filed with the City Secretary within ten (10) 004 [business] days from the date of the date of the Commission's written decision. The City Secretary shall notify the Council members within two (2) 004000 [business] days of receipt of a request for a Council hearing. 4. Hearing Before the City Council - After receipt of an appeal, the Council shall proceed as follows: a. Determine that four (4) Council members are present. b. Determine the validity of the appeal. c. When the appeal as determined by the Council does not warrant a hearing, the employee and the City Manager shall be notified of the Cauncil's decision in writing within fifteen (15) mfg [business] days of the date of receipt of the appeal. d. When the appeal as determined by the Council does warrant a hearing, the Council shall acknowledge in writing to the employee and the City Manager receipt of the appeal and the date and time of the hearing. The hearing shall be held on the date of Civil Service Policy Review Committee Minutes 07-12-91 Page 14 the next regularly scheduled meeting or within fifteen (15) [business] days of the date the appeal is received, whichever is greater, and a final decision rendered not more than fifteen (15) [business] days from date of receipt of the appeal. Copies of the appeal and the Council's decision shall be forwarded to the City Manager and the employee. e. During the hearing, the employee or his designee shall represent the position of the employee, and the City Manager or his designee shall represent the position of the City. The Council shall consider all evidence presented and shall extend equal privilege to both parties. f. The City Attorney may advise the Council during the conduct of hearings. 5. An appeal is a mature and proper way to resolve a variance in opinion, therefore, neither the person filing an appeal or the person cited in the appeal should ever attempt to use this system as a means to resolve a personality conflict or to air menial differences. The guaranteed right to appeal without consequence is a privilege which the Commission and the Council will guard carefully and not tolerate any abuse of the privilege or persons using the privilege. G. Grievance Procedure ,- Any employee may file a grievance to request a hearing concerning compensation, working hours, working conditions or other treatment received from management/supervision considered to be unjust/unfair. Grievances may be filed informally (verbal) or formally (written). 1. Informal Grievances Informal grievances may be filed by an employee with their immediate supervisor and the F `1**%/b 91 [Director]. a. Immediate Supervisor - An employee wishing to file an informal grievance shall request a meeting with his immediate supervisor within ten (10) *WO [business] days of the alleged action. The employee shall be prepared to state the details of the alleged grievance and provide supporting evidence if needed. The supervisor shall attempt to resolve the grievance by explaining the reasons for the questioned action. The supervisor shall consider the grievance and provide a verbal response within one (1) *wog [business] day. Civil Service Policy Review Committee Minutes 07-12-91 Page 15 b. j?OWY00 C/$000 [Director] - If the grievance is not resolved, the employee may request a hearing with the P00410 00/M000/ [Director]. The hearing will be scheduled and the PO $ // g [Director] shall respond verbally within two (2) 1owy [business] days. 2. Formal Grievances - Any employee may file a formal grievance. The grievance shall be in legible writing, printing, or typing, giving the following information: a. Date, time, place and detailed description of the alleged action. b. Specify the nature of the grievance. c. Explain why the action is considered unjust/unfair. 3. Formal Grievance to Immediate Supervisor - A grievance by an employee must be presented to the immediate supervisor within ten (10) *wog [business] days of the alleged action. The immediate supervisor will notify the Personnel Officer of the grievance within one (1) [business] day. The supervisor has two (2) working days from the date of filing to respond. 4. Formal Grievance to P000400 [Director] - If the grievance has not been resolved, the employee may request a hearing with the 0000100 4/0000/t/ [Director]. The request for a p4ojgowymog [Director] hearing mast be filed with the p¢ tpof / [Director] within two (2) *wog [business] days of the innate supervisor's decision. The o( wow/ [Director] will schedule a hearing and respond to the grievance within three (3) 00410g [business] days of the date of filing. 5. Formal Grievance to City Manager - If the grievance has not been resolved, the employee may request a hearing with the City Manager. The request for a hearing must be filed with the Personnel Officer within two (2) mfg [business] days of the 41000// 1O [Director's] decision. The City Manager will schedule a hearing and respond to the grievance within five (5) yrgg [business] days of the date of filing. Civil Service Policy Review Committee Minutes 07-12-91 Page 16 6. Formal Grievance to Civil Service Commission - If the grievance has not been rendered to the employee's satisfaction at the City Manager level, the employee may request a hearing before the Civil Service Commission. The request for hearing must be filed with the City Manager within ten (10) $ [business] days of the City Manager's decision. Upon receiving a request for a hearing before the Cmmnission, the Civil Service Officer will notify Commission members within two (2) yowymy [business] days. 7. Hearings Before the Commission - After receipt of a grievance, the Commission shall proceed as follows: a. Determine the validity of the grievance b. When the grievance as determined by the Commission does not warrant a hearing, the employee and the City Manager shall be notified in writing within fifteen (15) 00400g [business] days and the employee or the City Manager shall have recourse to file a grievance with the Council within ten (10) yd t44 [business] days from the date of the Commission's written decision. c. When the grievance as determined by the Commission does warrant a hearing, the Ccmanission shall acknowledge in writing to the employee and the City Manager, receipt of the grievance and the date and time of the hearing. The hearing shall be held not more than ten (10) 00400g [business] days after receipt of the grievance and the final decision rendered on such grievance not more than fifteen (15) *Wog [business] days from date of receipt of the grievance. Copies of the grievance and Commission decision shall be forwarded to the City Manager and the employee. d. During the hearing, the City Manager or his designee shall represent the City's position and the employee or his designee shall represent the position of the aggrieved. The Ccatmtission shall consider all evidence presented and shall extend equal privilege to both parties. e. The City Attorney may be requested to advise the Commission during conduct of the hearing. Requests for assistance from the City Attorney will be submitted to the City Manager. Civil Service Policy Review Committee Minutes 07-12-91 Page 17 f. If the employee or the City Manager is not satisfied with the Commission's decision, the employee or the City Manager has recourse to appeal to the City Council. Requests for a Council hearing must be filed with the City Secretary within ten (10) 000 [business] days from the date of #10/9100/91 the Comffccission's written decision. The City Secretary shall notify the Council members within two (2) *Wog [business] days of receipt of a request for a Council hearing. 8. Hearing Before the City Council - After receipt of a grievance, the (Y ncil shall proceed as follows: a. Determine that four (4) Council members are present. b. Determine the validity of the grievance. c. When the grievance as determined by the Council does not warrant a hearing, the employee and the City Manager shall be notified of the Council's decision in writing within fifteen (15) 00401g [business] days of the date of receipt of the grievance. d. When the grievance as determined by the Council does warrant a hearing, the Council shall acknowledge in writing to the employee and the City Manager, receipt of the grievance and the date and time of the hearing. The hearing shall be held on the date of the next regularly scheduled meeting or within fifteen (15) days of the date the grievance is received, whichever is greater, and a final decision rendered not more than fifteen (15) 00404 [business] days from date of receipt of the grievance. Copies of the grievance and the Council's decision shall be forwarded to the City Manager and the employee. e. During the hearing the employee or his designee shall represent the position of the employee, and the City Manager or his designee shall represent the position of the City. The Council shall consider all evidence presented and shall extend equal privilege to both parties. f. The City Attorney may advise the Council during the conduct of hearings. Civil Service Policy Review CO mnittee Minutes 07-12-91 Page 18 9. A grievance hearing is a mature and proper way to resolve a variance in opinion, therefore, neither the person filing a grievance or the person cited in the grievance should ever attempt to use this system as a means to resolve a personality conflict or to air menial differences. The guaranteed right to a hearing without consequence is a privilege which the C7omaission and the Council will guard carefully and not tolerate any abuse of the privilege or persons using the privilege. There being no further business, the meeting was adjourned at 11:00 a.m. •. • ight, Civil ce Chairman ir