HomeMy WebLinkAbout6.l. ADA Grievance Procedures , � CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: OCTOBER 7, 1997
AGENDA ITEM: ADA GRIEVANCE PROCEDURES AGENDA SECTION: CONSENT
PREPARED BY: SUSAN WALSH AGEND�r�j9� A � . �
ASSISTANT TO ADMINISTRATOR � 1 Cld/! �j
ATTACHMENTS: PERSONNEL POLICY GRIEVANCE APPROVED BY:
PROCEDURE; NEW GRIEVANCE PROCEDURE FOR
DISABILITY COMPLAINTS. i
ADA regulations require that public entities with 50 or more employees establish a grievance procedure for
resolving complaints regarding disability issues. The regulations also require public entities to establish a
mechanism for resolution of complaints by the public at the local level without requiring the complainant to
resort to the Federal complaint procedures.
Staff recommends that employees' complaints be resolved by following the grievance procedure in the City
Personnel Policy. Attached is Section 42 of the Personnel Policy which delineates the steps for filing and
resolving employee grievances. To incorporate disability complaints into Section 41, the first sentence of the
first paragraph needs to be amended to include, "or other requirements of law".
To provide the public or users of city services a means to file complaints, the attached grievance procedure has
been drafted for City Council consideration. The procedure is written so that the City Council will have final
decision on complaints, if they are not resolved at the city staff level.
RECOMMENDED ACTION: MOTION TO AMEND SECTION 42 OF THE CITY PERSONNEL
POLICY FOR THE PURPOSE OF INCORPORATING DISABILITY COMPLAINTS AND TO ADOPT
THE GRIEVANCE PROCEDURE FOR DISABILITY COMPLAINTS AND TO MAKE THIS
PROCEDURE A PART OF THE ADA STUDIES.
CITY OF ROSEMOUNT
GRIEVANCE PROCEDURE FOR DISABILITY COMPLAINTS
Purpose: This grievance procedure is established to meet the requirements of the Americans
with Disabilities Act of 1990 and Section 504 of the 1973 Rehabilitation Act. It may be used by
anyone who wishes to file a complaint alleging discrimination on the basis of disability in
employment practices and policies of the provisions of services, activities,programs or benefits
by the city of Rosemount.
The grievance should be in writing and contain information about the alleged discrimination by
providing location, date and description of the problem. Alternate means of filing grievances and
appealing responses of city officials, such as person interviews or a tape recording of the
grievance, will be made available for persons with disabilities upon request.
The grievance shall be submitted to the ADA Coordinator. The ADA Coordinator for the city of
Rosemount is:
Name: Susan Walsh
Address: 2875 - 145th Street West,Rosemount, MN 55068
Telephone: 612-423-4411
TDD Number: 612-423-6219
Hours Available: Monday--Friday, 7:30 a.m.--4:00 p.m.
Procedure:
Step 1: The grievance must be presented in writing or other means within 30 calendar days of its
alleged occurrence to the ADA Coordinator. Within 15 calendar days after receipt of the
grievance, the ADA Coordinator will notify the grievant of the date of the meeting for the
purpose of discussing the grievance and possible resolutions. Within 15 calendar days of the
meeting, the ADA Coordinator will respond in writing, and where appropriate, in a format
accessible to the grievant, such as large print,Braille or audio tape.
Step 2: A grievance not resolved in Step 1 shall be appealed to Step 2 in writing to the City
Administrator within 15 calendar days. Any grievance not appealed in writing to Step 2 within
15 calendar days shall be considered waived. Within 15 calendar days after receipt of the appeal,
the City Administrator will notify the grievant of the date of the meeting to discuss the grievance
and possible resolutions. Within 15 calendar days after the meeting, the City Administrator will
give an answer in writing, and where appropriate, in a format accessible to the grievant. �'�,
Step 3: If the grievance is not resolved in Step 2, the grievant may appeal the grievance in ',
writing to the City Council within 15 calendar days of the City Administrator's response in Step '
2. Any grievance not appealed in writing to Step 3 within 15 calendar days shall be considered '
resolved. The City Council shall render a decision which shall be finaL '
may be circumstances that warrant deviation from the suggested order or where progressive
discipline is not appropriate.
Employees shall be permitted to respond to formal disciplinary action by written response to the ,
disciplining authority and the employee's personnel file. ',
(1) Verbal Warning: An informal action by the supervisor to inform an employee of a minor i
or first occurrence of a policy violation or misconduct. A verbal warning shall include
the unacceptable performance or misconduct, the desired improvement and the
consequences for failing to correct the infractions. Documentation of this warning may
be filed in the employee's personnel file.
(2) Written Warning: A formal action by the supervisor,providing official notice of the
violation or misconduct, the corrections and time frame expected and the consequences
for failing to correct the infractions. Written warnings shall be placed in the employee's
personnel file.
(3) Suspension: An employee may be temporarily removed from their assigned position, with
or without compensation, seniority or benefits, for a period not to exceed 30 days. The
notice of suspension shall be written, and shall notify the employee of the unacceptable
behaviar or performance, the desired performance and the consequences if not corrected.
Whenever an employee is suspended during an investigation, and such employee is
subsequently exonerated, the employee shall be reinstated without loss of compensation,
benefits or seniority.
(4) Demotion or Discharge: The City Administrator may recommended to the City Council
that an employee be demoted or removed from continued employment with the City for
cause, following the use of progressive discipline or for acts where remedial action is not
deemed effective or appropriate.
------� Section 42. GRIEVANCE PROCEDURE
A grievance shall mean a claim ar dispute by an employee with respect to the interpretation,
meaning or application of the provisions of City's policies and procedures or other
requirements of law. It is the policy of the City to afford all employees a means of obtaining
further consideration of problems when they remain unresolved at the supervisory level and to
establish policies and procedures that provide for timely resolution of grievanees. Reasonable
attempt will be made to resolve the grievance to the mutual satisfaction of the employee and the
City.
Procedure:
Step 1: An employee must present a grievance in writing within twenty-one (21) calendar
days of its alleged occurrence to the employee's immediate supervisor and
department head. The written grievance shall set forth the nature of the grievance,
the facts on which it is based, the policy or procedure violated and the remedy
requested. The supervisor and department head will attempt to resolve the
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grievance and give an answer in writing within ten(10) calendar days after
receipt. A grievance not resolved in Step 1 shall be appealed to Step 2 within ten
(10) calendar days a$er the supervisor and department head's final answer in Step
1. Any grievance not appealed in writing to Step 2 by the employee within ten
(10) calendar days shall be considered waived.
Step 2: A grievance unresolved in Step 1 and appealed to Step 2 ar a grievance by an
employee for whom the City Administrator is the immediate supervisor shall be
submitted in writing to the City Administrator within ten(10) calendar days, The
City Administrator will give an answer to Step 2 within ten(10) calendar days
after receipt.
Step 3: If the grievance is not resolved in Step 2, the employee may appeal the grievance
in writing to the City Council within ten(10) calendar days of the City
Administrator's response in Step 2. Any grievance not appealed in writing to
Step
3 by the employee within ten(10) calendar days shall be considered resolved.
The City Council shall render a decision within thirty(30)calendar days.
Section 43. LAYOFFS
The City may lay off any employee whenever such action is made necessary as provided in the �,
annual budget by reason of shortage of work or funds,the abolition of a position or because of
changes in organization. Two (2)weeks advance written notice of the lay-off shall be given. An
employee may be transferred to another position if such employee is qualified. When a layoff
occurs in a job classification in which more than one employee serves, qualifications and job
performance shall be the basis for determining which employees are laid-off unless otherwise
required by law.
Employees who have been laid off will be recalled to their former position classification in the
reverse order of their lay-off.
Section 44. VOLUNTARY TERMINATION
An employee who wishes to resign in good standing shall provide written notice to the
immediate supervisar at least two (2)weeks priar to the intended resignation date. Department
heads must provide their immediate supervisar with at least three(3)weeks prior written notice.
An employee who does not submit a resignation in compliance with the provisions of these
regulations may be considered as having not resigned in good standing. An employee who does
not resign in good standing will: (1)be deprived of the opportunity to be considered for
reinstatement, (2) have the fact recorded into the employee's record; and(3) forfeit the sick leave
portion of any available severance pay.
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