Resolution 1439
RESOLUTION NO. 1439
A RESOLUTION OF THE COUNCIL OF THE CITY OF
GILROY AMENDING THE CITY OF GILROY PERSONNEL
RULES AND REGULATIONS BY THE ADDITION OF
SECTION VI, L, ENTITLED GREIVANCE PROCEDURE.
WHEREAS, the City Council has determined the need to establish the proper
channels for voicing employee complaints and a hearing procedure before
the Personnel Commission and,
WHEREAS, the City Administration, City Attorney, Personnel Commission and
aU Employee Organizations have reviewed and approved said Grievance
Procedure.
NOW THEREFORE BE IT RESOLVED, that the City of Gilroy Personnel Rules and
Regulations be ammended to include the following section VI, L as follows:
L. GRIEVANCE PROCEDURE: The following procedure is to outline the proper
channels for voicing employee complaints or grievances. It is being
issued to advise each employee of the proper procedures to follow and
assure that his particular problem will be given full consideration. All
employee grievance shall be written thoroughly and completely, dated and
signed by the employee and presented to his Supervisor. The immediate
supervisors and each reviewing officer there after shall prepare a written
report of the results of their efforts to solve this grievance.
I. Initially, all employee grievance should be directed to the
immediate supervisor for solution.
2. In the event this employee-supervisor meeting does not answer or
solve within 10 days the employee's problem or complaint, the
supervisor, at the employee's request, shall present the matter
to the Department Head. This presentation shall be made in the
presence of the employee. The employee shall be allowed adequate
time to present his side of the matter.
3. In the event the matter is not adequately solved within 10 days
at the department head level, the whole matter on the same basis,
shall then be clearly presented in writing from the employee, the
immediate Supervisor and the Department Head to the City Adminis-
trator.
4. If an adequate solution to the matter is not established within
10 days at the City Administrator level, the employee or the City
Administrator shall notify the Personnel Director who shall gather
the written facts and present them to the Personnel Commission.
The Personnel Commission, (In accord with Section 907, sub-section d,
and Section 1003 of the City Charter) shall hear this matter and
report its findings to the City Council and/or appointing author-
ity. The action of the City Council and/or appointing authority
shall be final, subject to whatever legel gU8rantees are available
to the employee.
Each succeeding level of authority in this procedure shall refuse to hear
the matter unless the proceeding step of the procedure has been observed.
The hearing before the Personnel Commission may be conducted informally
and the rules of evidence need not apply. The hearing shall be conducted
in an orderly manner with a view to the presentation of all material
facts so that a fair and impartial decision may be made. The Commission
Chairman shall have full authority at all times to maintain orderly
procedure and to restrict the hearing to facts relevant to the comp-
laint. In hearing the appeal the Commission may require the employee
(appellant), to first present his grievance, followed by the immediate
supervisor for presentation of his attempts to resolve the grievance
followed by the department head for his presentation of his attempts to
resolve the grievance, followed by the City Administrator for presenta-
tion of his attempts to resolve the grievance. All involved parties may
be entitled to counsel if they ~ desire. The appellant will bear the
expense of his own counsel.
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PASSED AND ADOPTED this 2nd day of February, 1970, by the
following vote:
AYES: COUNCIL MEMBERS: Batrez, Duffin, Kennedy, Pate, Silva,
Wentworth, and Goodrich.
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
APPROVED:
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ATTEST:
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 1439
is an od gi n8 I
resolution, duly adopted by the Council of the City of Gilroy at a
regular meeting of said Council held on the 2nd day of February
19 12-, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of the City of Gilroy, this 3rd
day of Februa ry
19 ]2..
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City Clerk of the City of Gilroy