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Step 3 - <br />If the grievance is not settled in accordance with Step 2, it must be presented in writing, stating the nature <br />of the grievance, the facts in which it is based, the provision(s) of the personnel policy allegedly violated <br />and the remedy requested, to the city administrator within seven (7) days after the due date of the <br />department director's response. The city administrator or his/her designee will respond to the employee <br />in writing within seven (7) calendar days. The decision of the city administrator is final for all disputes <br />with exception of those specific components in a performance evaluation subject to a challenge through <br />the Department of Administration. <br />Waiver - <br />If a grievance is not presented within the time limits set forth above, it will be considered "waived." AI€ -a <br />grievances not appealed to the next step in the specified time limit or any agreed extension thereof '-ft <br />will be considered settled on the basis oused on the city's last answer. If the city does not answer a <br />grievance or an appeal within the specified time limits, the employee may elect to treat the grievance as <br />denied at that step and immediately appeal the grievance to the next step. The time limit in each step may <br />be extended by mutual agreement of the city and employee without prejudice to either party. <br />The following actions are not grievable: <br />■ While certain components of a performance evaluation, such as disputed facts reported to be <br />incomplete or inaccurate are challengeable, other performance evaluation data, including <br />subjective assessments, are not. <br />■ Pay increases or lack thereof <br />The above list is not meant to be all inclusive or exhaustive. <br />47 <br />