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HomeMy WebLinkAboutPOLICY 1003 GRIEVANCES Policy Jeffersonville Police Department 1003 Policy Manual Grievances 1003.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for the Jeffersonville Police Department grievance system. The grievance system is intended to facilitate communication and to promptly and equitably address employee grievances in the workplace. 1003.1.1 GRIEVANCE DEFINED A grievance is a difference of opinion or dispute regarding the meaning, interpretation or application of any of the following: • This Policy Manual • Rules and regulations governing personnel practices or working conditions • Workplace issues that do not amount to misconduct under the Personnel Complaints Policy, such as fraud, waste, abuse of authority, gross mismanagement, or any inappropriate conduct or practices, including violations that may pose a threat to the health, safety or well- being of members Specifically outside the category of grievances are complaints related to alleged acts of sexual, racial, ethnic or other forms of unlawful harassment, as well as complaints related to allegations of discrimination on the basis of sex, race, religion, ethnic background and other lawfully protected status or activity that are subject to the complaint options set forth in the Discriminatory Harassment Policy. Also outside the category of grievances are personnel complaints regarding any allegation of misconduct or improper job performance against any department employee that, if true, would constitute a violation of department policy or federal, state or local law, as set forth in the Personnel Complaints Policy. 1003.2 POLICY It is the policy of the Jeffersonville Police Department to provide a just and equitable system for the prompt handling of employee grievances without discrimination, coercion, restraint or retaliation against any employee who submits or is otherwise involved in a grievance. 1003.3 PROCESS Grievances may be brought by an individual employee or by an employee group representative. Employees may have representation during the grievance process. Except as otherwise required under a collective bargaining agreement, if an employee believes that he/she has a grievance as defined above, that employee shall: (a) Attempt to resolve the issue through informal discussion with his/her immediate supervisor. (b) If after a reasonable amount of time, generally seven days, the grievance cannot be settled by the immediate supervisor, the employee may request an interview with the appropriate Assistant Chief. Copyright Lexipol,LLC 2017/07/25,All Rights Reserved. ***DRAFT*** Grievances 1 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Grievances (c) If a successful resolution is not found with the Assistant Chief, the employee may request a meeting with the Chief of Police. (d) If the employee and the Chief of Police are unable to arrive at a mutual solution, the employee shall proceed as follows: 1. Submit a written statement of the grievance to the Chief of Police and provide a copy to the employee's immediate supervisor. 2. Include the following information in the written statement: (a) The basis for the grievance (i.e., the facts of the case). (b) The allegation of any specific wrongful act and the harm done. (c) The specific policies, rules or regulations at issue. (d) The remedy or goal being sought by the grievance. (e) The supervisor shall provide the employee with a signed acknowledgment of the grievance that shall include the date and time of receipt. (f) The Chief of Police and the City Attorney should review the grievance and respond to the employee within 14 calendar days. 1. The response will be in writing, and will affirm or deny the allegations. 2. The response shall include any remedies, if appropriate. 3. The decision of the City Attorney is considered final. Nothing herein shall prohibit any member from pursuing a grievance through the provisions of the collective bargaining agreement. Should a member pursue a grievance under the rules of this policy, the time for filing a grievance under the collective bargaining agreement shall be ten (10) business days from the completion, withdrawal, or dismissal of the grievance under this policy. 1003.4 GRIEVANCE RECORDS At the conclusion of the grievance process, all documents pertaining to the process shall be forwarded to the Administration Division for inclusion into a secure file for all written grievances. Copies of the documents should also be sent to the Human Resources Department. 1003.5 POLICY OR TRAINING IMPLICATIONS If an employee who participates in the grievance review process identifies any issue that may warrant an immediate revision to this Policy Manual, a procedural change or an immediate training need, the employee should promptly notify the Chief of Police in the memorandum. 1003.6 GRIEVANCE AUDITS The Training Commander should perform an annual audit of all grievances filed the previous calendar year to evaluate whether any change in policy, procedure or training may be appropriate to avoid future grievances. The Training Commander should record these findings in a confidential Copyright Lexipol,LLC 2017/07/25,All Rights Reserved. ***DRAFT*** Grievances-2 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Grievances memorandum to the Chief of Police without including any identifying information about any individual grievance. Copyright Lexipol,LLC 2017/07/25,All Rights Reserved. ***DRAFT*** Grievances 3 Published with permission by Jeffersonville Police Department