72R-507
RESOLUTION NO. 72R- 507
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM AMENDING RESOLUTION NO. 72R-480,
PERSONNEL RULE NO. 31 - GRIEVANCE PROCEDURE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANAHEIM
that Personnel Rule No. 31 - GRIEVANCE PROCEDURE, is hereby amended
to read as follows:
II RULE 31. GRIEVANCE PROCEDURE
Section 31.0 Employee grievances shall be handled in the
following manner:
31. 01
31.02
31.03
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First Step. An attempt shall be made to adjust
all grievances on an informal basis between the
employee and/or his designated representative
and a supervisor in the employee's chain of
command, up to and including his division head,
within five (5) working days after the occurrence
of the incident involved in the grievance. The
division head shall deliver his answer within
five (5) working days after submission of the
grievance to him.
Second Step. If the grievance is not satisfac-
torily adjusted in the First Step, it shall be
submitted in writing to the employee's department
head within five (5) working days after the divi-
sion head's answer is received by the employee
and/or his designated representative. The depart-
ment head shall meet with the employee and/or his
designated representative within ten (10) working
days after submission of the grievance to him.
The department head shall review the grievance
and may affirm, reverse, or modify as he deems
appropriate, the disposition made at the First
step and shall deliver his answer to the employee
and/or his designated representative within five
(5) working days after said meeting.
Third Step. If the grievance is not satisfactor-
ily adjusted in the Second Step, it shall be
submitted to an impartial arbitrator for a final
and binding decision, or, if the City Manager
and the employee and/or his designated represen-
tative agree, it shall be submitted to the City
Manager for a final and binding decision. Such
submission must occur within thirty (30) days
after the department head's answer is received.
If submitted to the City Manager, the City Manager
or his assistant shall meet with the employee and/
or his designated representative within ten (10)
working days after submission of the grievance
to him. The City Manager or his assistant may
affirm, reverse, or modify as he deems appropri-
ate, the disposition made at the Second Step.
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The City Manager or his assistant shall deliver
his decision to the employee and/or his designated
representative within five (5) working days after
said meeting, and such decision shall be final
and binding on both parties.
In order to request arbitration, either party
shall serve written notice to the other party
specifying the grievance to be submitted. The
parties shall thereafter attempt to resolve the
issue and select the arbitrator. If such written
notification and selection of the arbitrator is
not completed within thirty (30) days after the
department head's answer is received by the
employee and/or his designated representative,
then either party may take action to compel arbi-
tration. Failure to take action to compel arbitra-
tion within thirty (30) days will conclusively
be deemed abandonment of the right to compel
arbitration.
All expenses of the arbitration shall be borne
equally by the parties.
The arbitrator's decision Shall be final and bind-
ing on both parties, it being agreed that the
arbitrator shall have no powers to add to or sub-
tract from nor to modify any of the terms of any
memorandum of understanding between the parties
and that the arbitrator's award shall be consis-
tent with and controlled by the Personnel Rules,
Ordinances and Charter of the City of Anaheim,
and the laws and Constitution of the State of
California.
The arbitrator will be requested by the parties
to render his decision in writing as quickly as
possible but in no event later than thirty (30)
days after the conclusion of the hearings, unless
the parties agree otherwise.
31.04 Any grievance not presented and/or carried forward
by the employee and/or his designated representa-
tive within the time limits specified in Sections
31.01, 31.02 and 31.03 shall be deemed null and
void, provided, however, the employee and/or his
designated representative and the City represen-
tative may agree to continue said time limits.
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Section 31.1 Any alleged violation of the Personnel Ordinance
or Personnel Resolution, any alleged improper treatment of an
employee, or any alleged violation of commonly accepted safety
practices and procedures shall be considered to be a matter
subject to review through the grievance procedure.
31.12 No supervisor shall be represented in grievance
matters by an employee whom he may supervise.
Section 31.2 Any adoption, deletion, or revision of City policy
as may be suggested or recommended by any employee or employee
organization shall not be considered to be a matter subject to
review through the grievance procedure."
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BE IT FURTHER RESOLVED that the effective date of this
Resolution shall be October 20, 1972.
THE FOREGOING RESOLUTION is approved and signed by me
.r- this 31st day of October , 1972.
ATTEST:
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2~CLD.K O~~ OF ANAHEIM
ST~'1'E OF CALIFO!tNIA )
coiJlr.rY OF ORANGE ) ss.
cm OF ANAHEtM )
I, DENE M. DAOUST, City Clerk of the City of Anaheim,
do hereby certify that the foregoing Resolution No. 72R-507 was
PalS_eel and adopted at a regular meeting of the City Council held
on the 31st day of October , 1972 , by the following
vote of the members thereof: -
NOES:
COUNCILMEN: Sneegas, Stephenson, Peb ley, Thom and
Dutton
COUNCILMEN: None
AYES:
ABSENT: COUNCILMEN: None
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said resolution on the 31st day of
October , 19~
IN WITNESS WHEaEOF, I have hereunto set my hand and
affixed the seal of the City of Anaheim this 31st day of
October , 19!1---. -
~ '7K D.-..c
CITY LERK OF THE CITY OF ANAHEIM
(SEAL)
I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby
certify that the foregoing is the original of Resolution No. 72R-507 duly
passed and adopted by the Anaheim City Council on October 31, 1972.
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City Clerk
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