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Applicable
To: All employees |
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Approval Authority: Chief George N. Turner |
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Signature: Signed by GNT |
Date Signed: 12/15/11 |
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This directive establishes the procedures for filing and processing employee grievances.
3.2 The Personnel Services Unit is responsible for the coordination of the grievance process, the maintenance and control of grievance records, and an annual analysis of such grievances.
3.3 Supervisors are responsible for being familiar with and complying with this directive, ensuring grievance forms are at each work site, and adhering to time limits.
3.4 All employees are responsible for initiating the grievance
procedure for their individual grievances. They have the right of
representation at all stages of the grievance procedure.
4.1 Matters that are grievable include:
1. Supervisor-employee relationships;
2. Working conditions;
3. Classification and pay issues;
4. Departmental policies and procedures;
5. City-wide policies and procedures;
6. Other employment-related issues not prohibited by City, State, County, or Federal law;
7. Disciplinary actions other than adverse actions; and
8. Any other matter determined grievable by the City’s Diversity Manager.
4.2 Matters that are not grievable include:
1. Routine transfers;
2. Selection from a properly certified eligibility list;
3. Reassignment;
4. Staffing levels;
5. Complaints which are alleged violations of the Fair Labor Standards Act; and
6. Complaints which are alleged violations of the commitment setting session and the rating received on the employee’s evaluation.
4.2.1 Employees may initiate a grievance by a verbal discussion with their immediate supervisor or by completing the Employee Grievance Form and submitting it to their immediate supervisor. A written statement of the grievance and the facts upon which it is based, a written allegation of the specific wrongful act and harm done, and a written statement of the remedy or adjustment sought are required from employee initiating the grievance.
4.3 Grievances Initiated by Verbal Discussion
4.3.1 Employees may initiate the grievance process by requesting a meeting with his or her immediate supervisor for the verbal discussion of a grievance.
4.3.2 Meetings for the verbal discussion of the grievance must be requested within three working days of the occurrence of the incident giving rise to the grievance or becoming aware of the incident giving rise to the grievance.
4.3.3 The employee’s immediate supervisor shall schedule a meeting, to take place within three days of the request for a meeting, for the verbal discussion of the grievance.
4.3.4 Following the meeting, the employee’s immediate supervisor shall investigate the employee’s grievance and verbally communicate the decision to the employee within three working days of the meeting.
4.3.5 If the grievance is not resolved to the employee’s satisfaction and the employee desires to further pursue the matter, the employee must complete the Employee Grievance Form.
4.4 Submission of the Employee Grievance Form
4.4.1 Employees who do not wish to initiate a grievance by a request for the verbal discussion of a grievance may initiate the grievance process by completing the Employee Grievance Form.
4.4.2 Employees shall indicate the nature of the grievance, the facts to support the grievance, the requested remedy, and attach any supporting documents to the Employee Grievance Form.
4.4.3 The Employee Grievance Form must be submitted to the employee’s immediate supervisor:
1. Within five working days of the occurrence of the incident giving rise to the grievance or;
2. Within five days of becoming aware of the incident-giving rise to the grievance or;
3. Within five working days of receipt of the employee’s immediate supervisor’s verbal decision.
4.4.4 Once a grievance is received by a supervisor, that supervisor shall contact the Personnel Services Unit and obtain a control number and write that control number on the top, center of the grievance form. Press hard enough to mark all copies.
4.4.5 Within three working days of the receipt of the grievance form, the employee’s immediate supervisor shall write his or her findings, decision, and reasons therefore on the corresponding section of the Grievance Form and attach any supporting documents.
4.4.6 The immediate supervisor shall keep the “Immediate Supervisor’s Copy” in an administrative file and give the Employee Grievance Form back to the employee.
4.4.7 The immediate supervisor shall provide a copy of the grievance to the Personnel Services Unit.
4.5 Submission to the Section Commander
4.5.1 If the grievance is not resolved by the immediate supervisor to the employee’s satisfaction and the employee decides to further pursue the matter, the employee may submit the completed grievance form to the section commander in his or her chain of command within three working days of receipt of the immediate supervisor’s decision.
4.5.2 The section commander shall investigate the grievance and, as necessary, collect evidence.
4.5.3 Within five working days of receipt of the grievance form, the section commander shall write his or her findings, decision, and reasons therefore on the corresponding section of the grievance form and attach any supporting documents.
4.5.4 The section commander shall keep the “Division Supervisors Copy” and give the Employee Grievance Form back to the employee.
4.6 Submission to the Deputy Chief
4.6.1 If the grievance is not resolved by the section commander to the employee’s satisfaction and the employee decides to further pursue the matter, the employee may submit the completed grievance form to the deputy chief within three working days of receipt of the section commander’s decision.
4.6.2 The deputy chief shall investigate the grievance and, as necessary, collect evidence.
4.6.3 Within five working days of receipt of the grievance form, the deputy chief shall write his or her findings, decision, and reasons therefore on the corresponding section of the grievance form and attach any supporting documents.
4.6.4 The deputy chief shall keep the “Bureau Director Copy” and give the Employee Grievance Form back to the employee.
4.7 Submission to the Chief of Police
4.7.1 If the grievance is not resolved by the deputy chief to the employee’s satisfaction and the employee decides to further pursue the matter, the employee may submit the completed grievance form to the Chief of Police or his or her designee within three working days of receipt of the deputy chief’s decision.
4.7.2 The Chief of Police or his or her designee shall investigate the grievance and, as necessary, collect evidence.
4.7.3 Within five working days of receipt of the grievance form, the Chief of Police or his or her designee shall set forth in writing the final determination of the employee’s grievance by the department. The final determination shall include the decision on the grievance, state the reasons therefore, and include any supporting evidence.
4.7.4 A copy of the final determination by the Department shall be given to the employee, or sent to the employee via certified mail, no later than ten days from the receipt of the grievance by the Chief of Police.
4.7.5 If the grieving employee is sworn, the Chief of Police or his or her designee shall advise the grievant in writing that the decision is not subject to any further administrative appeal, but that the grievant could seek redress in the civil courts at his or her own expense. Copies of this letter shall be provided to the assistant chief, the deputy chief, the immediate supervisor, and the employee’s personnel file.
4.7.6 If the grieving employee is non-sworn, the Chief of Police or his or her designee shall advise the grievant in writing that the decision can be appealed to the Bureau of Labor Relations. Copies of this letter shall be provided to the assistant chief, the deputy chief, the section commander, the immediate supervisor, and the employee’s personnel file.
4.8 Submission to the Bureau of Labor Relations
4.8.1 If the non-sworn employee is not satisfied with the final determination on the grievance by the department and the employee desires to further pursue the matter, the employee may submit the completed grievance form to the Diversity Manager within three working days of receipt of the decision by the department.
4.8.2 The Bureau of Labor Relations shall investigate the grievance and, as necessary, collect evidence.
4.8.3 Within 10 working days of the receipt of the grievance form, the Bureau of Labor Relations shall investigate the circumstances surrounding the grievance, prepare findings of fact thereon, and upon approval of the Commissioner of the Department of Personnel and Human Resources, recommend to the employee and the department, in writing, a resolution of the grievance.
4.8.4 If the recommended resolution requires action by the Atlanta Police Department, the recommendation shall include a timeline for the implementation of the action. All recommendations made by the Bureau of Labor Relations shall be binding for both the employee and the Atlanta Police Department unless the Atlanta Police Department exercises the right of appeal.
4.8.5 If the Atlanta Police Department disagrees with the decision of the Bureau of Labor Relations and exercises the right of appeal, the recommendation may be submitted by the Bureau of Labor Relations to the Chief Operating Officer, or his or her designee, for an appeal.
4.8.6 The Chief Operating Officer, or his or her designee, shall within 10 days make the final determination on the grievance. The decision made by the Director of the Bureau of Labor Relations and/or the Chief Operating Officer shall be final and conclusive.
4.9 Determination of Grievability
4.9.1 After consulting with the Personnel Services Unit Commander, a supervisor at any level may determine that a matter is not grievable under Section 4.2 of this directive at any time during the grievance process.
4.9.2 If a matter is determined to be not grievable, the supervisor must notify the employee in writing of the same, and also notify the employee of the right to request a determination of grievability by the Bureau of Labor Relations.
4.10 Request for a Determination of Grievability Form
4.10.1 The employee shall obtain a Request for a Determination of Grievability Form from the Director of Labor Relations.
4.10.2 The employee shall complete the form and provide sufficient facts and details of the circumstances giving rise to, or the causes of, the employee’s grievance.
4.10.3 The employee shall submit the form to the Director of Labor Relations within five days from the date of notification by the supervisor that the matter for which the employee seeks redress is not grievable.
4.11 Determination of Grievability by Diversity Manager
4.11.1 Within five days of receipt of the Determination of Grievability Form the Director of Labor Relations shall make a determination, in writing, as to whether the matter is grievable according to Section 114-519 of the Labor Relations Code: “Matters for Which Grievances May be Filed”.
4.11.2 The Director of Labor Relations shall send a Notice of Determination of Grievability, stating the reasons for the determination of grievability, to the employee by certified mail and provide a copy to the Atlanta Police Department.
4.12 Extension of time requirements
Time limit requirements for employees who request action on a grievance, or for supervisors to respond to an employee grievance, may be extended by agreement of both the employee and the supervisor. All agreements for extension of time shall be in writing and signed by both the employee and the supervisor. Copies of this agreement shall be provided to the supervisor, the employee, and attached to the grievance form.
4.13 Management of Grievance Process
4.13.1 The Personnel Services Unit shall provide supervisors with a grievance control number upon request. The Personnel Services Unit shall also maintain a log of the control numbers including the requesting supervisor’s name.
4.13.2 The Personnel Services Unit shall file copies of all grievances in a secure location. Access to grievances shall be limited to the grieving employee and his or her chain of command. (CALEA 5th ed. Standard 25.1.2)
4.13.3 The Personnel Services Unit shall monitor the grievance process within the department and analyze grievances at least annually to detect the need for training, policy revision, or other changes. (CALEA 5th ed. Standard 25.1.3)
4.13.4 The Personnel Services unit shall prepare monthly and annual reports on the process. These reports shall be forwarded to the following:
1. Chief of Police;
2. Assistant Chief of Police;
3. Division commanders; and
4. Planning and Research/Accreditation Unit.
4.14 The failure of supervisory employees or city officials to follow the steps outlined in this directive shall result in conferring upon the employee the right automatically to proceed to the next step in the grievance procedure. Failure of the employee to follow the steps outlined in this directive shall result in the dismissal of the grievance.
4.15 If an employee initiates a grievance against an employee within their chain of command, the employee shall take the grievance to the next higher rank within their chain of command, so as to remove the subject of the action from the grievance process.
5.1 Grievance: A written or oral request by an employee for review of an allegation which describes a work related event or a condition of employment which the employee reasonable believes to be unfair in light of the rules, regulations, and standards which govern the employment relationship with the City of Atlanta.
5.2 Grievable Offense: a work related event or condition of employment which is grievable under Section 114-519 of the Labor Relations Code “Matters for Which Grievances May be Filed”.
APD.SOP.2040 Grievance Procedure, issued June 1, 2008
City of Atlanta Municipal Code Sections 114-516 through 114-525 and 98-37
City of Atlanta Bureau of Labor Relations Form 5-3078 “Employee Grievance Form”
Commission on Accreditation for Law Enforcement Agencies, (CALEA) 5th ed. Standards 25.1.1; 25.1.2; 25.1.3 |
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