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HomeMy WebLinkAboutGRIEVANCES 26.1A TEQUESTA POLICE DEPARTMENT GENERAL ORDER TITLE: GRIEVANCES GENERAL ORDER: 26.1A EFFECTIVE: March 1, 2007 RESCINDS: 26.1 PAGES: 3 CONTENTS: This order consists of the following numbered sections: I. GRIEVANCE COORDINATOR II. GRIEVANCE PERMISSIBLE MATTERS III. NON-APPLICABLE MATTERS IV. REPRESENTATION V. GRIEVANCE PROCESS VI. APPEAL VII. FINAL AUTHORITY VIII. RECORDS IX. GLOSSARY PURPOSE: To establish a process and guidelines for the expeditious and equitable resolution of personnel grievances. SCOPE: This order applies to all Police Department members. DISCUSSION: Due to the many procedures involved in the administration of the Police Department, there may be occasions when differences arise regarding the spirit and intent of particular directives or actions. This grievance procedure will allow each member to contest a directive or action in a formal manner. It also will allow the administration to clarify the directive or action, if necessary. POLICY: It is the policy of the Police Department to strive to resolve, fairly and with minimum delay, all complaints and grievances over job-related incidents or policies. PROCEDURE: I. GRIEVANCE COORDINATOR: The Human Resources Coordinator is responsible for the coordination of grievance procedures, the grievance process, and the custody and maintenance of all grievance records. II. GRIEVANCE PERMISSIBLE MATTERS: Situations where a grievance may be filed include, but are not limited to, the following: A. Concern over interpretation of agency policies, procedures, rules, regulations, and directives. G.O. 26.1A  B. Acts of alleged reprisals because of using the grievance procedure. C. Discrimination or reprisals against a member for reporting improper or illegal activities. D. Discrimination or harassment with respect to age, color, creed, national origin, race, or sex may be reported by procedures outlined in the general order indexed as Harassment in the Workplace, or the member may choose to use the more informal process outlined in this procedure. III. NON-APPLICABLE MATTERS: Appeals of the following situations are not permissible under this general order, but are covered by other procedures: A. Performance evaluations B. Corrective actions C. Informal discipline D. Formal discipline IV. REPRESENTATION: Members may utilize another member of the agency as a personal representative anytime in the grievance process. V. GRIEVANCE PROCESS: When a member has a job-related grievance, every effort will be made to resolve the matter informally at the first two levels of supervision. A formal grievance may be filed only after there is no satisfactory resolution to the grievance at the first two levels. A. Informal Grievance: 1. Within five workdays of the occurrence to be grieved, the member will communicate the grievance to his immediate supervisor. If there is no satisfactory resolution of the grievance with the immediate supervisor, the member will request a conference, to be held within two days, with the next supervisor in the chain of command. 2. If there is no resolution of the grievance at the conference with the second level supervisor, the member may initiate a formal written grievance, which must be filed within three workdays of this conference. B. Formal Grievance: To file a formal grievance, the aggrieved member must prepare a Formal Grievance form directed to the Chief via the chain of command. In the report, the member must state the grievance and the facts upon which it is based, the allegation of the specific wrongful act and harm done, and the remedy or adjustment sought. The completed Formal Grievance will be presented to the member’s immediate supervisor with a copy sent to the Village (The member may withdraw the grievance anytime during the process.) Manager’s Office. 1. Each supervisor in the member’s chain of command will sign and note the date and time of receipt, review and analyze the facts regarding the grievance, affirm or deny the allegations of the grievance in writing, and try to resolve the grievance to the satisfaction of the agency and the member. If the grievance is resolved at any level in the chain of command, the document will continue to be routed to the Chief, who will forward the original to Village Manager’s Office, and a copy to the member. 2. Within three workdays after receipt, each supervisor in the chain of command must identify any remedy or adjustment they recommend, and forward the Formal Grievance form to the next level of supervision. 3. The Chief is the final reviewing authority in the member’s chain of command with authority to resolve the grievance. If the grievance has not been resolved at a lower level, the Chief must respond in writing to the grievance within five workdays of receipt. If this time period cannot be met, or if additional investigation of the matter is 2 G.O. 26.1A  needed, written notice will be made to the member within the five-day period. VI. APPEAL: A member, who is dissatisfied with the grievance decision made by the Chief, has the right of a final appeal directly to the Village Manager. The member must submit a memo to the Village manager’s Office, detailing the reason for the appeal, within three workdays after receiving the response from the Chief. The memo will be delivered/routed to the Village manager along with all related documents. VII. FINAL AUTHORITY: The Village Manager will respond in writing within ten workdays, outlining his decision on the grievance, unless the affected employee and the Village Manager jointly engage in seeking a suitable remedy. A copy of the Village Manager’s decision, which is binding and final, will be forwarded to Administration for filing. VIII. RECORDS: At the conclusion of each case, all written records involved in the grievance process will be forwarded to the Administrative Division for filing. They will be purged in accordance with current statutes governing their disposal. IX. GLOSSARY: CORRECTIVE ACTION - Action taken to correct minor misconduct or inadequacies in a member’s job performance including, but not limited to, counseling, training, written reprimands, loss of privileges, or other actions and sanctions that do not meet the definition of disciplinary action. DISCIPLINARY ACTION - Suspension, demotion, or involuntary termination of membership. FORMAL GRIEVANCE - A form used to initiate formal action on a grievance through the chain of command. GRIEVANCE - A dispute or difference giving rise to a material issue, and made through the chain of command, involving a perceived job-related incident or happening. WORKDAY - Administrative hours of the agency office are 8:30 a.m. to 5:00 p.m., Monday through Friday. A workday, as applied herein, is a day on which a member is scheduled for duty. For members on shift schedules, workdays could include Saturdays, Sundays, and holidays. INDEXING: GRIEVANCE PROCEDURES DRAFTED: DJR/March 1, 2007/Filed: Griev26.1A APPROVED: Pete Pitocchelli, Chief DATE: November 05, 2011 Tequesta, Florida 3