O-2009-3129 approving updated Employee Policy Handbook

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CHAPTER SIX EMPLOYEE COMPLAINTS AND APPEAL PROCESS 6.01 Right to Appeal Any employee of the City of La Porte, who believes they have been improperly or unfairly treated in their work relationship with the City, shall have the right to file an appeal within 5 working days. Employees are encouraged to use the following appeal procedure and will not be discouraged from submitting an appeal. 6.02 Oral Discussion The City believes employee concerns are best addressed through open communication. Employees must follow the chain of command with these discussions. Employees are directed to first discuss their work-related concerns with their immediate supervisor. The supervisor addressing the employee's complaint will attempt to resolve the complaint or explain why it cannot be resolved to the employee's satisfaction. The process will continue through the chain of command. 6.03 Appeal Procedure Following these discussions, employees remaining dissatisfied may submit a written complaint to their immediate supervisor, with a copy to Human Resources, within 5 working days. It is the responsibility of the immediate supervisor to study the complaint and attempt to resolve it within 5 working days. The resolution should be in writing and a copy given to the complaining employee and Human Resources. If the complaint cannot be satisfactorily resolved within the 5 -day period, or if the complaining employee does not accept the supervisor's resolution, then the supervisor shall refer the matter, with comments and/or recommendations to the next higher level of supervision within 5 working days of the decision. The Department Director shall be the last person in the department to whom an unresolved matter will be taken. If the work-related complaint remains unresolved, the employee may appeal to the City Manager within 5 working days of the department's final decision. The City Manager may direct Human Resources to investigate the complaint and recommend a decision based upon interviews and supporting written documents. The City Manager shall consider all parties' positions and make the final decision. Within five (5) days of receiving the appeal, the City Manager shall meet with the employee to discuss the grievance and decide what action, if any, to take regarding the appeal and notify the employee in writing of the decision. The decision of the City Manager, regarding any action on the grievance, is final. Any intimidation, coercion, or threatened reprisals used to violate the intent of this complaint procedure by either the employee or any level of supervision shall constitute a basis for disciplinary action. 6.04 Texas Whistle Blowers Act The Texas Whistle Blowers Act provides that the City may not suspend or terminate the employment of, or otherwise discriminate against, a City employee who reports a violation of law to an appropriate law enforcement authority, if the employee report is made in good faith. 37