1.4.0 Authority

SMC 4.04.050 and subsequent revisions thereto, Rule-making Authority

SMC 4.04.240 and subsequent revisions thereto, Employee Grievance Procedure

SMC 4.04.260 and subsequent revisions thereto, Appeals to Civil Service Commission

1.4.1 Definitions

1. "Appointing authority" shall mean the head of an employing unit, authorized by ordinance or City Charter to employ others on behalf of the City. The term includes and can be used interchangeably with department head, department director, superintendent and chief.
2. "Classified service" shall mean all employment positions in the City that are not excluded by ordinance, City Charter or State law from the provisions of Seattle Municipal Code Title 4 or Personnel Rules passed pursuant thereto.
3. "Grievable incident" shall mean an alleged action or event that resulted from the misapplication of the provisions of Seattle Municipal Code Chapter 4.04 or the Personnel Rules and any policies or procedures adopted pursuant thereto which aggrieves the employee who files the grievance.
4. "Personnel Director" shall mean the head of the Personnel Department or his or her designated management representative.
5. "Probationary employee" shall mean a regularly appointed employee who has not completed a one-year period of probation in the current classification.
6. "Regular employee" shall mean a regularly appointed employee who has completed a one-year period of probation in the current classification.
7. "Regularly appointed employee" shall mean an individual with a probationary, regular or exempt appointment to a position of City employment.

1.4.2 Application of this Rule

1. The provisions of this Rule apply to regularly appointed employees who have probationary or regular status except as specifically provided within the Rule.
2. For regularly appointed employees who are represented under the terms of a collective bargaining agreement, this Rule prevails except where it conflicts with the collective bargaining agreement, any memoranda or agreement or understanding signed pursuant to the collective bargaining agreement, or any established and recognized practice relative to the members of the bargaining unit.
3. This Rule does not apply to employees who are exempted by state law, the City Charter or SMC Chapter 4.13 from compliance with the Personnel Rules or SMC Title 4 related to selection, discipline, termination or appeals of personnel actions to the Civil Service Commission.
4. This Rule does not apply to individuals who are hired under the terms of a grant that includes provisions that conflict with this Rule.
5. This Rule does not apply to individuals hired by the City on a temporary, intermittent, or seasonal basis, or for a work schedule of fewer than 20 hours per week, nor does it apply to individuals hired under contract to the City.
6. Appointing authorities may establish written policies and procedures for the implementation of this Rule to facilitate the management of the personnel system within their employing units, provided that such policies and procedures do not conflict with the provisions of this Rule.

1.4.3 Procedure

1. A regular or probationary employee may initiate a grievance when there is a disagreement between the employee and his or her supervisor or employing unit concerning the proper application of provisions of the Seattle Municipal Code Chapter 4.04 or Personnel Rules and any policies or procedures adopted pursuant thereto, except as follows:
   1. An employee may not utilize this procedure to grieve a suspension, demotion or discharge;
   2. An employee who is represented under the terms of a collective bargaining agreement between the City and an authorized bargaining unit may utilize this grievance procedure to grieve the improper application of provision of the Seattle Municipal Code Chapter 4.04, or the Personnel Rules, policies and procedures adopted pursuant thereto. Alleged violations of the collective bargaining agreement are not grievable using the procedure provided in this Rule.
   3. The classification and compensation decisions rendered by the Personnel Director are not grievable under this Personnel Rule. An employee may, however, grieve an alleged violation of any provisions of SMC 4.04, the Personnel Rules and policies or procedures adopted pursuant thereto that govern the processes of classifying and setting compensation for employment positions.
2. The employee grievance procedure shall consist of three steps. The employee and his or her departmental management shall make a reasonable effort to settle grievances at the lowest possible step.
   1. Step One. The employee shall present a written request for a meeting with his or her immediate supervisor within 7 calendar days following the grievable incident. At the meeting, the employee shall identify
      1. the grievable incident;
      2. the provision of Seattle Municipal Code Chapter 4.04 or the Personnel Rule or policy or procedure adopted pursuant thereto that he or she believes was improperly applied; and
      3. the remedy he or she seeks.
      Within 7 calendar days of the meeting, the supervisor shall provide a response, verbally or in writing, to the grievant, indicating whether the supervisor found that the grievance has merit and, if so, what remedy he or she proposes.
      
      If the supervisor does not have the authority to resolve the grievance or denies the grievance at Step One, the supervisor shall instruct the employee that he or she may proceed to Step Two.
   2. Step Two. If the grievance is not resolved at Step One, the employee shall present the grievance in writing to his or her division director within 10 calendar days following receipt of the Step One response. The employee’s written description of his or her grievance must be signed and dated and shall include the information provided at Step One as well as an explanation of why the employee found the Step One outcome unacceptable.
      
      The division director shall provide a written response within 7 calendar days of the presentation of the Step Two grievance, informing the grievant of the outcome of his or her investigation and any proposed remedy. Denial of the grievance shall permit the employee to proceed to Step Three.
      
      If the division director denies the grievance, does not have the authority to resolve the grievance, or if the division director is the employee’s immediate supervisor and has responded to the grievance at Step One, the division director shall instruct the employee that he or she may proceed to Step Three.
   3. Step Three. If the grievance is not resolved at Step Two, the employee shall submit a Step Three grievance to the City Personnel Director within 7 calendar days after the date of the division director’s response. The Step Three grievance shall consist of:
      1. the written Step Two grievance;
      2. the division director’s response to the Step Two grievance;
      3. an explanation of the reason(s) the employee finds the Step Two response unacceptable; and
      4. a cover sheet signed and dated by the grievant that clearly identifies the submittal as a Step Three grievance.
      The Personnel Director shall investigate the grievance and may meet with the grievant and any other individuals the Director identifies as having relevant information about the grievable incident. The Personnel Director shall provide a report of his or her investigation to the grievant and the grievant’s appointing authority within 14 calendar days after receipt of the Step Three grievance or within 7 calendar days after meeting with the grievant, whichever is later.
      
      In addition, the Personnel Director shall provide to the appointing authority a confidential recommendation for resolution of the grievance. The appointing authority may consider the Personnel Director’s recommendation for resolution, but he or she shall be responsible for determining the grievance resolution.
      
      The appointing authority will answer the grievance setting forth his or her decision in writing within seven (7) calendar days after receipt of the Personnel Director’s recommendation.
3. The timelines provided in Personnel Rule 1.4.3 B may be extended by mutual written agreement of the aggrieved employee and the appropriate management representative at the relevant step. The employee’s failure to comply with these timelines, absent an agreement to extend them, shall constitute his or her withdrawal of the grievance. Failure of the appropriate management representative to comply with these timelines shall allow the employee to proceed to the next step.

1.4.4 Alternative Dispute Resolution

An employee who files a grievance under the employee grievance procedure may at any time prior to the disposition of the grievance at Step Three request that the Alternative Dispute Resolution Coordinator determine whether a mediation process would be an appropriate way to address the grievance. If the dispute is accepted for a mediation process, the appointing authority shall waive the timelines for the employee grievance procedure until the completion of that process. If the dispute is not resolved through ADR, the employee may resume his or her pursuit of a remedy through the employee grievance procedure.

1.4.5 Appeal to Civil Service Commission

If a regular employee exhausts this grievance procedure and remains dissatisfied with the outcome, he or she may file an appeal with the Civil Service Commission in accordance with Seattle Municipal Code Section 4.04.260.