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ARTICLE IV- CAREER SERVICE GRIEVANCE - APPEAL PROCEDURE Section 1 - Purpose. The purpose of this Article IV is to provide a process to hear, review, resolve and, if appropriate, remedy specified grievances for covered City employees. The City employees covered by this Article IV are full- and part-time employees except for employees on new hire probation or employees on probation for disciplinary reasons, as well as the employees defined in section 10-3-1105 of the Utah Code and section 2.62.020 paragraph A. of the Murray City Municipal Code, as amended. It is the intent of the process provided in this Article IV to resolve grievances at the lowest level of authority. Accordingly, a covered City employee must exhaust each step of the grievance process provided in Article IV before proceeding to a hearing before the Personnel Advisory Board, the Mayor, or a State Court. If a grievance is covered specifically by other ordinances, or policies, such as claims of discrimination, the procedures for the specific grievance shall be followed as defined in the applicable ordinance or policy. Section 2 - Definitions. Grievance. A grievance is defined as the written complaint of an employee to the respective Department Head or the Human Resource Director concerning a working condition which has allegedly caused an injury, injustice, or wrong to the employee. All grievances must be made in writing on an approved form and must state clearly the reasons for the grievance, the people directly involved, and a desired solution to the problem. After exhaustion of the grievance procedure outlined in Section 5- steps 1, 2, and 3 all grievances shall be heard by the Personnel Advisory Board including appeals involving discharge, suspension without pay for more than two days or sixteen (16) hours or involuntary transfer from one position to another with less remuneration if proper and timely notice is filed pursuant to Section 5. The Personnel Advisory Board shall be the appeal board provided under section 10-3-1106 of the Utah Code. Section 3 - Protection and Representation. 1. All covered City employees shall be assured freedom from restraint, interference, discrimination, or reprisal as a result of pursuing the procedures described in this Article IV. 2. At each level of a grievance or appeal, employees may represent themselves or may be represented by one person of their own choosing. ---PAGE BREAK--- 3. The Human Resource Director shall be responsible to ensure that all parties to any appeal or grievance are protected according to this policy and that this policy is observed. The Human Resource Department may also assist the parties concerned at any time to clarify policy, recommend solutions, or assist in clearing up misunderstandings. Section 4 - Grievance Procedure. It is the policy of the City to adjust grievances of employees and fairly and to do so within the framework of existing laws and regulations. Every effort shall be made to adjust grievances in a manner mutually satisfactory to employees and management. Any employee who alleges inequitable treatment due to some employment condition may personally, or through a representative, seek relief from that condition. In any grievance including those involving discharge, suspension without pay or involuntary transfer, the procedures in Section 5 shall be followed: Section 5 - Appeals to the Personnel Advisory Board. The Personnel Advisory Board has jurisdiction to hear appeals from individuals in matters arising from alleged discrimination, violations of City Policy, matters pertaining to the establishment and maintenance of registers, examinations, examination ratings, removal from register, and position classifications. Any applicant whose application for admission to an entrance examination has been denied due to a lack of minimum qualifications, may appeal that denial to the Personnel Advisory Board, which shall consider the appeal according to this Article IV. The Personnel Advisory Board's decision with respect to any such appeal shall be final. As provided in this Article IV, the Personnel Advisory Board has jurisdiction over appeals involving discharge, suspensions without pay or transfer to a position for less remuneration. All appeals must be filed in writing on an approved form with the Department Head and the Human Resource Director. Step 1. The employee shall complete and submit the grievance form to the immediate supervisor and the Department Head within five working days after the occurrence of the event which is the basis for the grievance. Within five working days, after receiving the grievance, the Department Head shall, after consultation with the employee’s immediate supervisor, invite the employee in to discuss the problem and render a decision. If the grievance involves the Department/Division Head, the employee may bypass Step 1 and go directly to Step 2. S tep 2. If no satisfactory agreement is reached after Step 1, and it is necessary to carry the grievance further, the interested parties shall, within five working days, submit the grievance form and request in writing review by the Human Resource Director. The Human Resource Director may, if deemed necessary, conduct an investigation of the grievance. Within twenty (20) calendar days from receipt of the grievance, the Human Resource Director shall provide a recommendation to the employee’s Department Head. The Department Head shall provide a decision to the employee within ten (10) calendar days from receipt of the recommendation by the Human Resource Director. ---PAGE BREAK--- Step 3. If no satisfactory agreement is reached after Step 2 and it is necessary to carry the grievance further, the interested parties have the right to have the matter heard on appeal before the Personnel Advisory Board. The written grievance form shall be completed and forwarded to the Human Resource Director within five working days from the date of the Department Head’s final decision under Step 2. Step 4. Within thirty (30) calendar days after receipt of a written request for a hearing on appeal, unless otherwise mutually extended in writing, the Personnel Advisory Board shall review the appeal, schedule and hold a hearing. The employee shall be entitled to appear in person and to be represented by counsel (at employee’s expense), to have a hearing, confront witnesses whose testimony is to be considered and to examine the evidence to be considered by the Personnel Advisory Board. Each decision of the Personnel Advisory Board shall be certified with the City Recorder within twenty (20) calendar days from the date the matter is referred to it, except for good cause, the Personnel Advisory Board may extend the twenty (20) day period to a maximum of sixty (60) calendar days, if the employee and the Department Head both consent. The Personnel Advisory Board has the authority to uphold or reverse the decision of the Department Head. The Personnel Advisory Board does not have authority to modify the decision of the Department Head. On review, the Personnel Advisory Board must decide whether the facts support the charges and whether the charges warrant the disciplinary sanctions imposed. For appeals of discharge, suspension without pay or involuntary transfers, if the Personnel Advisory Board reverses the decision of the Department Head, the employee shall be reinstated to the employee’s position if the employee was discharged and shall be reimbursed for wages and benefits for the period of time during which the employee was discharged or suspended without pay; or any deficiency in salary for the period during which the employee was transferred to a position of less remuneration. ( c) A final action or order of the Personnel Advisory Board regarding a suspension without pay of more than two days or 16 hours, a discharge or involuntary transfer may be appealed to the Utah Court of Appeals by filing with that court a notice of appeal. Each notice of appeal shall be filed within thirty (30) calendar days after the issuance of the final action or order of the Personnel Advisory Board. For appeals of matters other than discharge, suspension without pay of more than two days or 16 hours or involuntary transfers, the Personnel Advisory Board’s decision is final.