Anderson 

Subchapter 7 - Termination and Grievance Procedures

Sections:

2.570.0            Purpose of Termination Procedure.

2.570.5            Applicability of Termination Procedure.

2.571.0            Step One -- Notice of Intent to Terminate or Take Other Disciplinary Action.

2.571.5            Step Two – Pre-Termination Hearing.

2.572.0            Step three -- Post Termination Hearing.

2.572.5            Purpose of Grievance Procedure.

2.573.0            Responsibility of mayor and city administrator

2.573.5            Definition of a grievance procedure.

2.574.0            Application of the grievance procedure.

2.574.5            Step 1 - Discussion with immediate supervisor.

2.575.0            Step 2 - Discussion with department head.

2.575.5            Step 3 - Discussion with city administrator.

2.576.0            Step 4 - Presentation to mayor.

2.576.5            Representation.

2.577.0            Exclusive administrative remedy.

2.577.5            Time limits.

2.578.0            Extension of time limits.

Section 2.570.0.          Purpose of Termination Procedure.

The purpose of the termination procedures contained in Sections 2.570.0-2.572.0 is to provide employees with the due process to which they are entitled under the state and federal constitutions.

Section 2.570.5.          Applicability of Termination Procedure. 

The termination procedure applies to termination, suspension without pay, or demotion of an employee, and to any action which denies an employee the right to receive money or any other property protected under the state or federal constitutions, if this article provides that the city must have just cause to take such action. The grievance procedure applies to disciplinary actions which do not adversely affect the employee to the extent that a constitutionally protected property right is not injured.  Non-inclusive examples of such disciplinary actions are warnings and written reprimands.

Section 2.571.0.          Step One -- Notice of Intent to Terminate or Take Other Disciplinary Action.

                        a)  The mayor may terminate an employee to whom this termination procedure applies, or take other disciplinary action to which this termination procedure applies against such employee, if the mayor determines that just cause exists for taking said action.  The action taken shall be commensurate with the severity of the employee's conduct, based on all the facts and circumstances of the particular case.

                        b)  Prior to terminating or otherwise disciplining an employee, the mayor shall deliver to the employee a written notice of intent to terminate or take other disciplinary action.  The notice of intent shall explain the proposed action and whether with or without pay and the reasons therefore, and shall state the effective date of termination or discipline which shall be not sooner than 5 p.m. of the fifth working day following the date of delivery of the notice to the employee.  The notice shall identify all persons upon whose statements the mayor intends to rely, and shall contain a copy of all documents on which the mayor intends to rely.  The notice shall inform the employee of his/her right to request a pre-termination hearing.

                        c)  The termination or other disciplinary action specified in the notice of intent shall become effective upon the date stated in the notice, unless on or before said date the employee delivers a written request for a pre-termination hearing to the mayor.  Delivery of the written request to the city clerk, city administrator, or employee's department head shall constitute delivery to the mayor.

                        d)  If the mayor determines that the employee's continued presence on duty would significantly impair the efficiency or productivity of the city service or the reputation of the city, the mayor may suspend the employee immediately with pay until the termination or other disciplinary action becomes effective.  The mayor shall notify the employee in writing of the suspension and may use the notice of intent for this purpose.

                        e)  The date of delivery to an employee shall be the date on which the notice is personally delivered to the employee, or the date on which the notice is placed in the U.S. mail, certified, return receipt requested, addressed to the mailing address contained in the employee's personnel file.  The date of delivery to the mayor shall be the date on which the notice is personally delivered to the mayor or any other official authorized to receive the notice, or the date on which the notice is placed in the U.S. mail, certified, return receipt requested, addressed to the mayor or other authorized official at the city offices.  If notice is given by mail, three days shall be added to all time periods which refer to that notice.

Section 2.571.5.  Step Two – Pre-termination Hearing. 

                        a)  If the employee requests a pre-termination hearing, the mayor shall schedule such a hearing at a date not sooner than five working days nor later than 15 working days after the date on which the employee delivers his written request for hearing to the mayor.  The mayor shall schedule the hearing at a time which provides both the employee and the city a reasonable time to prepare for the hearing without unreasonably disrupting the operations of the city.                      

                        b)  The mayor shall serve as hearing officer.  At the hearing both the employee and the city shall have the right to call witnesses, to present evidence, to cross-examine witnesses, and to be represented by any person.

                        c)  After conclusion of the hearing the mayor shall determine by a preponderance of the evidence whether just cause to terminate or to otherwise discipline the employee exists.  If just cause exists, the mayor shall impose a level of discipline which is commensurate with the actions of the employee under all the facts and circumstances of the particular case.  If just cause for discipline does not exist, the mayor shall not impose discipline and shall reinstate the employee with back pay if any pay was denied. The mayor shall deliver his/her written decision containing the reasons therefore to the employee.

Section 2.572.0.          Step 3 -- Post Termination Hearing.

                        a)  An employee who has been terminated or otherwise disciplined by the mayor in accordance with Section 2.571.5 may request a post termination hearing before the city council by delivering a written request therefore to the city clerk not later than ten days after the date on which the mayor delivered his/her written decision to the employee.  The post termination hearing shall be conducted at a regular or special meeting of the city council held not less than ten working days nor more than 15 working days after the date on which the employee delivers his/her request to the city clerk.  The post termination hearing shall be scheduled at such time as will allow both the city and the employee a reasonable time to prepare for the hearing.

                        b)  The city council shall serve as the hearing officer. The mayor shall take no part in the discussion, deliberation, or decision of the city council.  The mayor may however, testify as a witness at the hearing.  The city council shall consider the matter de novo and not on the record made at the pre-termination hearing.

                        c)  At the hearing both the employee and the city shall have the right to call witnesses, to present evidence, to cross-examine witnesses, and to be represented by any person.

                        d)  After conclusion of the hearing the city council shall determine by a preponderance of the evidence whether just cause exists to terminate or otherwise discipline the employee.  If the council determines that just cause exists, the city council shall impose a level of discipline which is commensurate with the employee's conduct considering all the facts and circumstances of the particular case.  If the council determines that just cause exists, the council can affirm the action taken by the mayor, or impose a greater or lesser level of discipline than that imposed by the mayor.  If the council determines that just cause does not exist, the council shall reinstate the employee.  The city council shall adopt a written decision stating the reasons therefore and shall deliver a copy to the employee.  The council's action shall be effective on the date the written decision is adopted by the council, and the written decision shall constitute final administrative action on the matter by the city.

                        e)  The date of delivery to an employee shall be the date on which the notice is personally delivered to the employee, or the date on which the notice is placed in the U.S. mail, certified, return receipt requested, addressed to the mailing address contained in the employee's personnel file.  The date of delivery to the city clerk shall be the date on which the notice is personally delivered to the clerk, or the date on which the notice is placed in the U.S. mail, certified, return receipt requested, addressed to the clerk at the city offices.  If notice is given by mail, three working days shall be added to all time periods which refer to that notice.

Section 2.572.5.          Purpose of Grievance Procedure.

The purpose of the grievance procedure is to provide employees an opportunity to comment on a limited class of decisions which affect their employment to which the grievance procedure applies.

Section 2.573.0.          Responsibility of Mayor /Mayor Designee.

The mayor shall have overall responsibility for administering the grievance procedure.  The mayor designee/city clerk shall supervise the operation of the grievance procedure on a daily basis.

Section 2.573.5.          Definition of a grievance.

A grievance is a written complaint by an employee alleging a violation of a section or sections of this article to which the grievance procedure applies.

Section 2.574.0.          Application of the grievance procedure.

            a)  The grievance procedure shall not apply to the following:

            1)  a decision by any person concerning the salary of an employee;

            2)  a decision by any person concerning the appointment of any person to city employment;

            3)  any action which is made mandatory by any section of this article;

            4)  any action to which the termination procedure applies;

            5)  any section of this article which provides that the grievance procedure shall not apply.

            b)  Volunteers may not utilize the grievance procedure for any purpose.

                        c)  the grievance procedure applies to all other sections of this article.

Section 2.574.5.          Step 1 -- Discussion with Immediate Supervisor.

Not later than five working days after the occurrence of the event which gives rise to the grievance, an aggrieved employee may present his grievance in writing and discuss it with his immediate supervisor.  The grievance shall set forth in detail the circumstances which entitle the employee to relief.  The supervisor shall give a written reply within three working days after the date of presentation of the grievance.  If the grievance is not settled, the employee may proceed to Step 2.

Section 2.575.0.          Step 2 - Discussion with Department Head.

Not later than three working days after receiving the supervisor's reply under Step 1, the aggrieved employee may present his/her grievance to his/her department head in the same manner as provided in Step 1.  The department head shall meet with the aggrieved employee and shall reply by written response to the grievance within three working days after the date the department head received the grievance.  If the grievance is not settled, the employee may proceed to Step 3.  In cases where the department head is the employee’s immediate supervisor, the grievance moves to step 3.  If the City of Anderson is not using a City Administrator at the time, this grievance shall move to step 4.

Section 2.575.5 - Step 3 - Discussion with City Administrator.

Not later than three working days after receiving the department head's reply under Step 2, the aggrieved employee may present his/her grievance to the city administrator in the same manner as provided in Step 1.  The city administrator shall meet with the employee and shall reply in writing to the grievance within five working days after the date the city administrator received the grievance.  If the grievance is not settled, the employee may proceed to Step 4.

Section 2.576.0.          Step 4 - Presentation to Mayor.

Not later than three working days after receiving the city administrator's reply under Step 3, the aggrieved employee may present his grievance to the mayor in the same manner as provided in Step 1.  The aggrieved employee shall also present a copy of the city administrator's response to the mayor.  The mayor may, but is not required to, meet with the employee.  The mayor shall reply in writing to the grievance within twenty days after the date the mayor received the grievance.  The mayor shall determine whether the employee is entitled to relief under the provisions of this article.  The mayor's decision is final and the employee shall not be entitled to appeal from this decision.

Section 2.576.5.          Representation.

Neither the employee nor the city shall be entitled to be represented by any other person at any stage of the grievance procedure.  Both the employee and the city may consult with any person of their choosing.  Both the employee and the city may call witnesses at Step 3, or Step 4 if the city is not using a City Administrator, and may present documentary evidence at any Step of the grievance procedure.  The person responding to the grievance at each Step may investigate the matter and may consider evidence not presented by the aggrieved employee or the city.  Said person may talk with any other person concerning the grievance.

Section 2.577.0.          Exclusive Administrative Remedy.

The grievance procedure shall be the exclusive administrative remedy available to any employee for any action to which the grievance procedure applies.

Section 2.577.5.          Time Limits.

                        a)  If an aggrieved employee fails to initiate a grievance within the time limits contained in this subchapter, the employee waives his right to pursue the grievance.

                        b)  If an aggrieved employee fails to submit the grievance to the next Step within the time limits contained in this subchapter, the grievance is settled on the terms contained in the last reply to the grievance received by the employee.

                        c)  If the city fails to reply to a grievance within the time limits contained in this subchapter, such grievance shall automatically advance to the next Step.

                        d)  If the mayor fails to reply to a grievance within the time limits contained in this subchapter, the mayor shall be deemed to adopt the city administrator's reply if the city is using an administrator, if not, the mayor shall be deemed to adopt the department heads reply as the mayor's reply, and the grievance shall be settled on the terms contained therein.

Section 2.578.0.          Extension of Time Limits.

The time limits contained in this subchapter may be extended by mutual consent of the employee and the person required to respond to the grievance.  Any Step in the grievance procedure may be eliminated by mutual consent of the employee and the person required to respond to the grievance at the next higher Step.  Consent shall be expressed in writing signed by both parties.