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Grievance Procedure <br />Any dispute between an employee and the city relative to the application, meaning, or <br />interpretation of personnel policies will be settled in the following manner: <br />Step 1 - The employee must present a grievance in writing, stating the nature, the facts in <br />which it is based, the provision(s) of the personnel policy allegedly violated, and the <br />remedy requested, to the immediate supervisor and department director within twelve <br />(12) days after the alleged violation or dispute has occurred. The immediate supervisor will <br />respond to the employee in writing within seven (7) calendar days. <br />Step 2 - If the grievance is not settled in accordance with Step 1, it must be presented in <br />writing, stating the nature of the grievance, the facts in which it is based, the provision(s) of <br />the personnel policy allegedly violated and the remedy requested, to the city administrator <br />within seven (7) days after the due date of the supervisor's response. The city <br />administrator and grievant shall schedule an in -person meeting to include necessary <br />participants within seven (7) days as practicable. The city administrator will respond to the <br />employee in writing within seven (7) calendar days of the in -person meeting. <br />The decision of the city administrator is final for all disputes with exception of those <br />specific components in a performance evaluation subject to a challenge through the <br />Department of Administration. <br />Waiver - If a grievance is not presented within the time limits set forth above, it will be <br />considered "waived." A grievance not appealed to the next step in the specified time limit <br />or any agreed extension thereof will be considered settled based on the city's last answer. <br />If the city does not answer a grievance or an appeal within the specified time limits, the <br />employee may elect to treat the grievance as denied at that step and immediately appeal <br />the grievance to the next step. The time limit in each step may be extended by mutual <br />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 <br />reported to be incomplete or inaccurate are challengeable, other performance <br />evaluation data, including subjective assessments, are not. <br />Pay increases or lack thereof. <br />The above list is not meant to be all inclusive or exhaustive. <br />Choice of Remedy <br />It is specifically understood that any matters governed by statutory or regulatory <br />provisions, except as expressly provided for in the policy, shall not be considered <br />grievances under this policy. If more than one procedure is available for resolution of a <br />dispute arising from any provisions covered by the agreement, the aggrieved employee <br />Page 57181 <br />Page 211 of 447 <br />