2.12.100 Employee grievances.
(1) For purposes of this section, the term “employee” shall include full-time permanent employees of the city, but it shall not include employees in any office or position created under the Charter or any ordinance of the city, nor shall it include any confidential employee as defined in ORS 243.650 or employee subject to a collective bargaining agreement with the city; the term “grievance” shall mean a complaint of an employee relating to the application, enforcement or interpretation of the terms and conditions of employment, including pay, hours of work, fringe benefits or working conditions as provided in this chapter or otherwise, and disciplinary action taken by a superior; and the term “disciplinary action” shall include, but shall not be limited to, oral reprimand, written reprimand, extension of probation, demotion, suspension, reduction of pay, and discharge.
(2) An employee who has a grievance shall proceed to resolve such grievance under the following procedure:
(a) After first attempting to resolve the grievance informally with the employee’s superior or department head, the employee may file a grievance in writing with the department head within 15 days after the occurrence which is the subject of the grievance, or from the time of the employee’s knowledge thereof. The grievance shall contain a statement of the relevant facts, the nature of the grievance, and the relief or remedy requested. Within five days of the receipt of the grievance, the department head shall either respond in writing to the grievance or notify the employee in writing that the grievance has been referred to the city administrator. If the department head responds to the grievance, then, within five days of such response, the employee shall give written notice to the department head of whether or not the grievance is resolved.
(b) If the grievance shall remain unresolved for five days after having been submitted to the department head, then the employee may submit such grievance in writing to the city administrator. Whenever the city administrator shall receive a written grievance from an employee, or a referred grievance from a department head, he shall, within five days, either respond to the grievance in writing or request a conference with the employee for the purpose of resolving the grievance. The conference shall be held within 10 days after receipt of the grievance by the city administrator, and a written response to the employee shall be made by the city administrator within five days after the conference. The administrator’s decision shall be final as to any grievance which does not involve discharge, demotion or permanent reduction of pay or benefits.
(3) Whenever proposed disciplinary action consists of discharge, demotion or permanent reduction in pay or benefits, then the employee shall be entitled to not less than 10 days’ written notice of such proposed action and of the reasons therefor. Within such 10-day period the employee may file a written grievance with the city administrator as provided in subsection (2)(b) of this section. In the event that the employee is dissatisfied with the decision of the city administrator following the conference provided herein, then the employee may, within 10 days after receipt of the written decision of the administrator, make a written request for either a hearing before the city council or the arbitration of the grievance. The hearing before the city council shall comply with constitutional due process, shall be held within 30 days of the request, and the decision of the city council shall be final and conclusive. Arbitration of the grievance shall be conducted under the following procedure:
(a) The city and the employee shall select one arbitrator, but if they cannot agree upon an arbitrator within the period of 10 days, then either party may request a list of five arbitrators from the Oregon Employment Relations Board. Within five days of the receipt of such list, the city and employee shall alternately strike names until one arbitrator remains.
(b) No question, issue, or matter shall be considered or decided in arbitration except those contained in the written grievance submitted to the administrator. The arbitration procedure shall comply with constitutional due process, including the right to have an attorney present, cross examine adverse witnesses and to present the witnesses and evidence on behalf of such employee. Decisions on all questions properly submitted to arbitration shall be final and binding upon the parties, and shall be issued within 30 days after the hearing.
(c) The arbitrator’s fee shall be borne by the city, but each party shall be responsible for the costs of presenting its case to arbitration.
(4) Any time limits provided in this section are stated in calendar days and may be waived by mutual agreement in writing by the parties. A failure by the city to respond within the time limits provided or agreed upon shall be deemed a rejection of the grievance, and the grievance may be filed in the next step within the time provided from the date of rejection. A grievance may be terminated at any time upon receipt of a signed statement from the employee that the matter has been resolved, and a failure to submit or pursue the grievance as provided in this section or within the time limits prescribed or agreed upon shall constitute an abandonment of such grievance.
(5) Just cause for discharge, demotion, or permanent reduction in pay or benefits shall include, but not be limited to, the following:
(a) Any cause or reason which will contribute to the best interests of the city or the effective and economical administration thereof.
(b) Engaging in any activity detrimental or inimical to the best interests of the city.
(c) Failure to meet adequately the responsibilities or to perform diligently the duties required of the position.
(d) Ineffective, careless or defective performance of the work required or assigned.
(e) Failure to comply faithfully with lawful direction and control by superiors.
(f) Engaging in a course of conduct which causes or contributes to discord or dissatisfaction among employees, residents, or persons having dealings with the city, unless there is a lawful and legitimate purpose for such conduct.
(g) Making false statements or engaging in deceptive practices relating to the employee’s duties and functions or to the government and administration of the city.
(h) Conviction of a crime involving moral turpitude or the willful violation of rules and regulations relating to the employee’s duties and functions. (Ord. 1669 § 1, 1983; Ord. 1405 § 12, 1971)