Policy 13 Employee Complaints

POLICY TITLE:	Employee Complaints
POLICY NUMBER:	13
VERSION:	2.0
REVISED DATE:	July 08, 2017
REVIEWED DATE:	August 31, 2017
APPROVAL DATE:	March 22, 2018
EFFECTIVE DATE:	April 2, 2018
NUMBER OF PAGES:	3

1. Description and Purpose The following policy describes the policy and procedure for employee complaints for the City of Saint Paul (City).

2. Applicability This policy applies to all employees of the City.

3. Failure to Comply Failure to comply with this policy may result in disciplinary action in accordance with any and all disciplinary policies of the City.

1. It is the general policy of the City and the duty of each supervisor and the City Manager to anticipate and correct, insofar as practical, potential circumstances that may result in a complaint and thus preventing employee complaints from recurring.

2. It is the general policy of the City that employee complaints be resolved at the lowest level possible.

a. The following guidelines shall prescribe the manner in which employee complaints are handled:

i. Procedures for the resolution of employee complaints provide a route of appeal through administrative channels. If the employee complaint is related to discrimination or harassment, the City’s policies and procedures for complaints concerning discrimination or harassment (Policy Numbers 02.05 and 05.14) should be used.

ii. So as not to interfere with work schedules and City services, meetings related to an employee complaint shall be held before or after the complainant's regular working hours.

iii. All matters related to a complaint shall be kept confidential. Only those individuals directly involved in resolving the employee complaint shall be informed of the complaint.

iv. All documents, communications and records dealing with the employee complaint shall be placed in the City’s employee complaint file. No such material shall be placed in an employee's personnel file.

v. No reprisals shall be taken against any participant in a complaint procedure by reason of such participation.

vi. Time limits specified in these procedures may be reduced or extended in any specific instance by written mutual agreement of the parties involved. If specified or adjusted time limits expire, the complaint may proceed to the next step.

vii. Any employee complaint not taken to the next step within prescribed time limits shall be considered settled on the basis of the answer given at the preceding step.

viii. Temporary employees shall not have the right to the formal complaint process as stated in Sections 5 and 6 of this policy.

ix. All complaints directed towards the City Manager shall be dealt with by the City Council.

a. Employees are encouraged to resolve complaints informally. Formal employee complaint procedures shall not be initiated unless informal efforts to resolve the employee complaint have been exhausted and the complainant has provided a written description of such efforts.

b. Informal employee complaints regarding the City Manager will not be considered.

a. If an employee complaint has not been satisfactorily resolved by informal procedures, the complainant may file a written complaint, using the City’s Employee Complaint Form, with the immediate supervisor, manager, or director within ten (10) days of the act or event which is the subject of the complaint.

b. Within ten (10) working days of receiving the employee complaint, the immediate supervisor, manager, or director shall conduct any necessary investigation and meet with the complainant in an effort to resolve the complaint.

c. The immediate supervisor, manager, or director shall present all concerned parties with a written answer to the employee complaint within ten (10) working days after the meeting.

i. The complainant may file a written employee complaint, using the City’s Employee Complaint Form, on the City Manager with the City Council within ten (10) days of the act or event which is the subject of the complaint.

ii. Within ten (10) working days of receiving the employee complaint, the City Council shall conduct any necessary investigation and meet with the complainant in an effort to resolve the complaint.

iii. The City Council shall present all concerned parties with a written answer to the complaint within ten (10) working days after the meeting.

iv. The City Council’s decision shall be final.

a. If an employee complaint has not been satisfactorily resolved at Step 1, the complainant may file the written complaint, using the City’s Employee Complaint Form, with the City Manager or designee within ten (10) working days of receiving the answer at Step 1.

b. All information presented at Step 1 shall be included with the employee complaint, and the immediate supervisor, manager, or director shall submit to the City Manager or designee a report describing attempts to resolve the complaint at Step1.

c. Within ten (10) working days of receiving the employee complaint, the City Manager or designee shall conduct any necessary investigation and meet with the complainant in an effort to resolve the complaint.

d. The City Manager or designee shall present all concerned parties with a written answer to the complaint within ten (10) working days after the meeting.

e. The City Manager’s decision shall be final.

1. Employee Complaint Form.

1. City Personnel Policy Number 02.05 - Anti-Discrimination

2. City Personnel Policy Number 05.14 - Anti-Harassment

1. Complaint - shall be defined as an alleged misapplication of the City’s policies, regulations, rules or procedures.

1. This policy replaces Section 11.11 Grievances in the City Code of Ordinances.