2016 Spencer Handbook

Table of Contents

COMPLAINT PROCEDURE A complaint is defined as any dispute between the Employer and the employee concerning the application of these rules and policies. All complaints and responses to complaints must be in writing and signed by the affected parties. The following procedures shall apply to all employees, except that subjects covered by a collective bargaining agreement shall be covered by the grievance procedure provided for in the agreement for employees covered by the agreement: Step 1 – An employee shall discuss a complaint or problem orally with his/her supervisor within five (5) workdays following its occurrence in an effort to resolve the problem in an informal manner. Step 2 - Within five (5) workdays after the discussion at Step 1, or if no timely decision has been made within five (5) workdays following the discussion at Step 1, the employee shall then present the written complaint to the employee’s Department Head, Step 3 – Within five (5) workdays after the discussion at Step 2, or if no timely decision has been made within five (5) workdays following the discussion at Step 2, the employee shall then present the written complaint to the City Manager, who shall respond within five (5) work days. The complaint shall state the nature of the complaint, the facts and witnesses as they are known to be, and the remedy sought. Step 4 – If not resolved within five (5) workdays following the discussion at Step 3, the complaint may be submitted in writing to the governing body. Such written request shall be submitted to the governing body through the City Manager. The governing body shall set up a hearing in which to consider the complaint and findings of the Department Head and the City Manager. The hearing concerning the complaint shall be scheduled at the next regular meeting of the governing body or within thirty (30) days. The governing body’s decision shall be binding on all those concerned. In fairness to supervisors and managers, an employee shall follow each prescribed step in the complaint process and shall not omit any step. An employee shall not present a complaint or concern to the Mayor, City Council Member or other Commission until each of the above described steps has been completed.

A failure to follow the prescribed procedure is a violation of City Employment Policy and may result in disciplinary action.

92