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32 <br />ARTICLE 19 <br /> <br />GRIEVANCE PROCEDURE <br /> <br />19.1 Definition <br /> <br /> 19.1.1 A grievance shall be defined as any dispute which involved the interpretation or <br />application of any provision of this Memorandum of Understanding during its term, <br />excluding all ordinances, resolutions, rules and regulations, the subject of which is <br />not specifically covered by the provisions of this Memorandum. Such excluded <br />ordinances, resolutions, rules and regulations shall not be subject to the Grievance <br />Procedure. Performance evaluations and Letters of Reprimand shall not be <br />subject to the grievance procedure. Complaints of harassment, discrimination, and <br />retaliation based on protected class or activity shall be handled in accordance with <br />City policy against workplace harassment, discrimination and retaliation, and shall <br />not be subject to the grievance procedure. <br /> <br /> 19.1.2 A working day is any day that the City's offices are open for business. <br /> <br />19.2 Procedure <br /> <br />Grievances as defined in Section 19.1 above shall be processed only in the following <br />manner: <br /> <br /> 19.2.1 Any employee who believes that he or she has a grievance may discuss the <br />grievance with the top management official in the employee's department, or with <br />such subordinate management official as the Fire Chief may designate, within <br />twenty (20) working days of the event leading to the grievance. If the issue is not <br />resolved within the department, the procedures hereinafter specified may be <br />invoked. <br /> <br /> 19.2.2 The employee may then notify the Personnel Officer and the Association in writing <br />within five (5) working days of the informal grievance discussion described in <br />Section 19.2.1 that a grievance exists. The notification shall state the particulars of <br />the grievance and the remedy which is desired. The Personnel Officer shall <br />investigate the issues involved, meet with the grievant and attempt to reach a <br />satisfactory resolution of the problem. No grievance may be processed under <br />Section 19.2.4 below which has not first been filed and investigated pursuant to <br />this Section 19.2.2. The Personnel Officer shall have twenty (20) working days <br />from the date of notification to issue his decision on the subject grievance. Such <br />notification shall be sent in writing to the grievant and the Association. <br /> <br /> 19.2.3 Any grievance which has not been resolved by the procedures set forth above may <br />be referred to the City Manager by the grievant or by the Personnel Officer within <br />five (5) working days of receipt of the decision of the Personnel Officer. Any such <br />referral shall be in writing, and shall include the specific issues involved together <br />with a statement of the resolution which is desired. A representative of the City <br />Manager, who shall not be the Personnel Officer, shall investigate the merits of the <br />grievance, meet with the grievant and make recommendations to the City Manager <br />within twenty (20) working days. <br /> <br />6.3.B. - Page 113