2.120.290 Determination of appeals.
(a) Response by the Chief. The Chief shall respond to the grievant within 10 calendar days of the filing of appeal, stating the Chief’s determination in the matter.
(b) Appeal from Determination by the Chief.
(1) In cases of suspension or in cases of termination, an aggrieved employee shall be granted 10 calendar days from receipt of the decision of the Chief to file an appeal of the Chief’s determination with either the Division of Personnel or with the Civil Service Commission, but not both. In cases of lesser disciplinary action or cases involving an interpretation of rules and regulations, an aggrieved employee shall be granted 10 calendar days from receipt of the response of the Chief to file an appeal with the Personnel Division.
(i) Upon receiving a grievance, the representative of the Personnel Division or the Civil Service Commission, whichever is applicable, shall meet within 10 working days to consider the grievance and shall give not less than three working days’ notice in writing to the grievant and all interested parties of the time and place of such meeting.
(ii) If the grievance arises from an interpretation of rules and regulations, or if the grievance concerns a disciplinary action less severe than a suspension, the representative of the Personnel Department shall investigate and shall issue a ruling concerning the matter within 15 calendar days of receipt of the grievance.
(2) If the aggrieved employee does not consider that the ruling from the representative of the Personnel Division satisfactorily resolves the matter, the employee shall be granted five calendar days from receipt of the ruling from the representative of the Personnel Division in which to file a notice of intent to arbitrate with the Division of Personnel.
The representative of the Personnel Division shall request a listing of five arbitrators from the Federal Mediation Service, from which the parties shall select an arbitrator utilizing the alternative striking method. Fees and expenses for the arbitrator’s services shall be borne equally by the parties, except that the City shall pay for all fees and expenses for the arbitrator’s services if the grievance involves a disciplinary action.
(3) Hearings before an arbitrator or the Civil Service Commission shall comply with the following rules:
(i) Hearings shall be closed to the public at the request of any party to that grievance. Transcribing costs of the hearing, if any, shall be paid by the party requesting the transcript. City costs of recording and transcribing shall be paid from a nondepartmental appropriation in the general operating fund for such purpose.
(ii) The arbitrator or the Civil Service Commission, whichever applies, shall submit its findings to the employee and department head within 30 working days after the hearing, and its recommendations shall be binding. (Ord. 20206 §§ 28, 86, 9-10-19.)