Civil Service Commission

Civil Service Commission Rules Section 6

EMPLOYEE CONDUCT, DISCIPLINARY ACTION AND GRIEVANCE PROCEDURES

SECTION 6.1 - EMPLOYEE CONDUCT IN GENERAL

An employee of the Metropolitan Government shall not engage in any criminal, dishonest, infamous, immoral, or disgraceful conduct or behavior, activity, or association which discredits him and/or the Metropolitan Government. Each employee is expected to conduct himself both on and off the job in such a manner as to reflect credit on both himself and the Metropolitan Government.

It shall be the duty of each employee to maintain high standards of cooperation, efficiency, and economy in his work. Appointing Authorities and supervisors shall organize and direct the work of their units to achieve these objectives. When work habits, attitude, production, or personal conduct of an employee falls below an acceptable standard, supervisors should point out the deficiency at the time it is observed. Warning should precede disciplinary action, however, nothing in these rules shall prevent immediate formal action whenever the interest of Metropolitan Government requires it.

It shall be the employee's responsibility to report to the Appointing Authority, any conviction or alternative pleading to any misdemeanor or felony violation of Federal, State or Local Law. Written notification shall be within three (3) business days or upon return to work (which ever occurs first).

Every employee shall have the right to present his testimony or witness in a due process or grievance hearing free from fear, interference, restraint, discrimination, coercion or reprisal.

No officer, supervisor, or employee shall consciously and by overt act deprive any person of any rights to which such person is entitled under any State law and Federal law or law, ordinance, rule or regulation of the Metropolitan Government.

Any person, other than a member of the Civil Service Commission may request that an Appointing Authority prefer charges against an employee. As is the case with any disciplinary matter, the Appointing Authority shall make such inquiries and investigations necessary to determine if any corrective or disciplinary action should be taken.

Each employee of the Metropolitan Government shall perform his duties fairly, impartially and without discrimination on account of any of the following: race, color, national origin, sex, age, religion, disability, friendship, family or political affiliation, employee representative organization affiliation, or other organizational affiliation.

No officer, supervisor, or employee shall directly or indirectly solicit any money, service, favor or other consideration for carrying out his duties as an employee.

Note: Rules concerning Ethics and Disclosure are also located in Appendix I and II of these rules.

SECTION 6.2 - POLITICAL ACTIVITY

Political activities, including running for political office, are not to be conducted at the workplace or during working hours. Time off for such purposes will be in accordance with applicable leave policies in these Civil Service rules. Civil Service employees should refer to state law concerning any further rights to engage in political activities.

SECTION 6.3 - CORRECTIVE ACTION (REPRIMAND)

Any Supervisor may take corrective action by issuing a written or oral reprimand to an employee as needed. This action may be taken in an effort to correct a situation that, if uncorrected, may require disciplinary action. The employee should sign the reprimand. The signature only certifies that the employee has been shown the reprimand prior to it going in his file.

A copy of any written reprimand or notation of an oral reprimand must be placed in the employee's personnel file maintained in the department. The written reprimand or notation of an oral reprimand shall remain as an active part of the employee's departmental personnel file for a period not to exceed one year. After one year from the date of its issuance a written reprimand or the notation of an oral reprimand shall remain in the file, but will not be reflected in his annual performance evaluation. These may be used after one year to substantiate disciplinary action. Written and oral reprimands shall be removed from an employee's file after two (2) years provided no incident has taken place and is requested by the employee. The paperwork will be placed in an inactive reprimand file maintained by the Human Resources Department and many not be used to substantiate disciplinary action provided no similar incident has occurred within the two (2) year period. While written or oral reprimands are not forms of disciplinary action, an employee may state his version of the incident in writing and have it attached to the reprimand and filed in his departmental personnel file.

SECTION 6.4 - ABSENTEEISM AND TARDINESS

Consistent attendance and promptness are important factors of employment for all employees of the Metropolitan Government. Excessive absenteeism and/or tardiness are grounds for appropriate disciplinary action. Guidelines to be used for dealing with excessive absenteeism or tardiness are referenced in the attendance policy. The guidelines below also apply.

  1. If an employee in a non-exempt position is late for work relative to the start of his regular work shift or his return from scheduled lunch or breaks, the employee may be subjected to loss of pay. (Employees in exempt positions shall not be subjected to loss of pay in these situations).
  2. An employee who develops a pattern of attendance and/or tardiness problems should be counseled for improvement and should be reprimanded if counseling is not adequate. If the problems continue the employee may be subject to disciplinary action; however, counseling and reprimand are not pre-requisites for disciplinary actions, especially when incidents of AWOL are part of the problem.
  3. In situations where the crew to which the employee is assigned has already left for the job site by the time the late employee arrives at work, his paid work time will not begin until he reaches his crew and starts work.
SECTION 6.5 - TYPES OF DISCIPLINARY ACTIONS

In the interest of good discipline, an Appointing Authority or his designee may for just cause and after proper notice and hearing take the following types of disciplinary action:

  1. Suspension - An Appointing Authority may suspend an employee without pay for cause, provided that the suspension does not exceed an accumulation of 30 working days during a twelve (12) month period.  Upon mutual agreement by the Appointing Authority and the employee, suspensions may be deducted from accrued vacation. The Appointing Authority or his designee shall have the discretion to determine whether or not an employee in a leave without pay status loses their vacation and sick accrual, and must notify the employee in the determination letter. To protect their exempt status, exempt employees should only be disciplined in full work week increments with the following exceptions:
    1. An exempt employee may be suspended one or more full days imposed in good faith for infractions of safety rules of major significance and disciplinary reasons for infractions of workplace conduct rules. This provision refers to serious misconduct, not performance or attendance issues.
    2. Such disciplinary deductions may only be made in full day increments.
  2. Demotion - Disciplinary demotions include reduction in grade and/or salary; they may be temporary or full. An employee may be demoted to a lower classification with a lower salary grade or to a lower step in the same classification pay range.
    1. Temporary Demotion - Those from 30 up to 180 consecutive calendar days. An employee who receives a temporary demotion in grade may continue to be assigned his normal duties but will not be eligible for out-of-class pay for the normal classification during the period of the temporary demotion.
    2. Full Demotion - Those that are for an indefinite period. In order for a demoted employee to return to his original classification he must successfully compete in the promotional process.

  3. Dismissal - An employee may be terminated from employment with the Metropolitan Government.
SECTION 6.6 - DUE PROCESS

No suspension, demotion, or dismissal of a Civil Service employee shall become effective until due process is provided for the employee as outlined below:

  • Summary
    1. Notification of charges in writing
    2. Informal Departmental meeting or hearing
    3. Notification in Writing of action taken (within 10 calendar days)
  • Optional
    1. Option to meet with Department Head to present additional evidence
    2. Right to Appeal decision to the Civil Service Commission. The hearing is conducted by an Administrative Law Judge, or Hearing Officer, or the full Commission as provided for in these rules.
    3. Review of Order by full Commission

  1. Notification of charges: The employee shall be notified of the charges against him. Such notification shall detail times, places, and other pertinent facts concerning the charges and should be in writing. The notification will provide for the employee to have a meeting with the Appointing Authority or designee prior to taking disciplinary action. The notification will state the mechanism through which such discussion may be arranged.
  2. Departmental Meeting/Hearing: The meeting/hearing shall be informal and conducted for the purpose of explaining the department's charges against the employee, and allowing the employee's response. The manager conducting such discussions shall be an Appointing Authority or designee.

    Note: The employee shall have the right to a representative. The employee shall have the right to present statements, witnesses, or any other information with regard to the charges. Attendance and participation by persons other than the manager, the employee, the employee's representative/s, and witnesses shall be at the discretion of the manager. The employee shall be able to obtain any documents and/or statements made by witnesses regarding the changes before the hearing, unless prohibited by law. If the employee or his representative declines the opportunity to have the meeting / hearing, the provisions of this section will be deemed met.

  3. Notification of action taken: The employee must be notified in writing of the action taken within ten (10) calendar days, and this notice must also advise the employee that within (10) calendar days, he may request a second meeting with the Appointing Authority to provide additional new evidence.
  4. Department Head meeting (optional): An employee requesting such a meeting must do so in writing and must specify in the request what additional evidence may be brought forth. If the employee submits the additional evidence in writing, the Appointing Authority shall meet with the employee and/or his representative within ten (10) days of receiving notice or may delegate this responsibility to his second in command, provided such manager did not conduct the original meeting.
  5. Appeal to the Civil Service Commission: An employee may appeal disciplinary action in accordance with section 6.8C. The notice of disciplinary action shall include a statement notifying the employee of the following appeal requirements.
  6. The request must be filed within fifteen (15) calendar days of notification of the disciplinary action taken, unless the employee has filed a timely written request with the Appointing Authority to consider additional evidence. In that event the employee shall have fifteen (15) calendar days after a written response from his department to file an appeal with the Civil Service Commission.

NOTE: The Administrative Law Judge or Hearing Officer shall determine as a preliminary matter to the merits of an appeal, an employee's allegation that he or she was denied due process. Procedures may be established within a department for the conduct of the meetings and for meetings at one or more levels within the organization. If more than one level is used this shall be spelled out in a written procedure.

SECTION 6.7 - GROUNDS FOR DISCIPLINARY ACTION

The following constitute grounds for disciplinary action:

  1. Neglect or failure to perform official duty.
  2. Deficient or inefficient performance of duties.
  3. Insubordination toward the supervisor.
  4. Absence without notification or approval for leave.
  5. Neglect or disobedience to the lawful and reasonable orders given by a supervisor.
  6. Drinking intoxicating beverages, using drugs not specifically prescribed to the employee by a licensed physician or using a controlled substance while on duty, whether under the influence of the beverage, drug, or controlled substance or not.
  7. Being under the influence of intoxicating beverages or drugs not specifically prescribed for the employee by a licensed physician or controlled substances when on duty or upon reporting to duty.
  8. Public Intoxication while off duty, in uniform, or wearing any other evidence of being an employee of the Metropolitan Government or when driving a government owned vehicle.
  9. Possession of illegal drugs or a controlled substance while on or off duty or any violation of Civil Service or departmental rules, policies, or procedures related to the substance abuse program.
  10. Violation of any provision of the Metropolitan Charter or any written Executive or Administrative Orders.
  11. Violation of any written rules, policies or procedures of the department in which the employee is employed.
  12. Violation of any of the rules or regulations of the Metropolitan Civil Service Commission.
  13. Dishonesty.
  14. Immoral conduct.
  15. Conviction of a felony.
  16. Inability to perform duties, when reasonable accommodation has been considered and cannot be made.
  17. Neglect or failure of any employee to properly and promptly make reports or furnish information specifically required by the Civil Service Commission.
  18. Excessive absenteeism and/or excessive tardiness and/or abuse of sick leave.
  19. Any attempt (outside of official Commission meetings), directly or indirectly, by an employee to influence the judgment of the Metropolitan Civil Service Commission or any member thereof, with reference to any issue pending before the Commission.
  20. Violation of safety rules, regulations or procedures.
  21. Unauthorized sleeping on duty.
  22. Damage to or loss of Metropolitan Government property caused by negligent acts of the employee.
  23. Unlawful or unauthorized possession of a weapon, as defined by applicable laws, while on duty or while on Metro property.
  24. Using abusive or profane language so as to create a disturbance in the work place or when directed toward a member of the public.
  25. Gambling on Metro property or while on duty.
  26. Falsifying employment or promotional application or any official document of Metro Government.
  27. Disclosing confidential information to unauthorized persons.
  28. The use or threat of violence or intimidation when directed toward another person.
  29. Participation in strikes, work slow-downs, boycotts, sick-ins, picketing for the purpose of preventing others from coming to work or other similar job actions.
  30. Discrimination on the unlawful basis of race, sex, color, age, religion, national origin, handicap or lawful political or employee group affiliation.
  31. Participation in a pattern of harassment toward an employee of Metropolitan Government.
  32. Any failure of good behavior which reflects discredit upon himself, the department and/or the Metropolitan Government.
  33. Conduct unbecoming an employee of the Metropolitan Government.

SECTION 6.8 - DISCIPLINARY ACTION APPEAL TO CIVIL SERVICE COMMISSION
  1. INTRODUCTION

    Any employee demoted for cause, suspended, or dismissed from the Civil Service may appeal the action to the Civil Service Commission for a hearing. The proceedings or any part thereof:

    1. Shall be conducted by a majority of the Commission sitting with an administrative judge or hearing officer; or
    2. Shall be conducted by an administrative judge or hearing officer sitting alone, subject to review by a majority of the Commission.
    3. Combined Hearings: With the agreement of all parties, an Administrative Law Judge may conduct an appeal of a suspension or temporary demotion jointly with an appeal of dismissal in those cases where the employee has been dismissed prior to the appeal of the suspension or temporary demotion having been heard. Upon agreement of all parties, the appeal of the suspension or temporary demotion may be re-assigned from the Hearing Officer/Commissioner to the Administrative Law Judge.

    Cases are assigned based on the type and severity of disciplinary action imposed and subject to available funds. Specific guidelines for assigning cases, setting hearing dates, and conducting proceedings are set out in Civil Service Policy 6.8 - I, Appeal Proceedings. Any provisions in that policy may be suspended where good cause has been shown and upon majority vote by the Civil Service Commission.

    In any situation that arises that is not specifically addressed by the policy, reference may be made to the Uniform Administrative Procedures Act Part 3 - Contested Cases T.C.A. 4--5--301, et seq and the Tennessee Rules of Civil Procedure for guidance as to the proper procedure to follow, where appropriate and to whatever extent will best serve the interest of justice and the speedy and inexpensive determination of the matter at hand.

  2. TIME

    In computing any period of time prescribed or allowed by statute, rule, or order, the date of the act, event or default is not to be included. The last day of the period so computed is to be included unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of the next day which is neither a Saturday, a Sunday, or a legal holiday. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation.

    Except in regard to petitions for review under T.C.A. 4--5--315, 4--5--317, and 4--5--322, or where otherwise prohibited by law, when an act is required or allowed to be done at or within a specified time, the agency or the administrative judge may, at any time, (1) with or without motion or notice order the period enlarged if the request is made before the expiration of the period originally prescribed or as extended by previous order, or (2) upon motion made after the expiration of the specified period, permit the act to be done late, where the failure to act was the result of excusable neglect. Nothing in this section shall be construed to allow any ex-parte communications concerning any issue in the proceedings that would be prohibited by T.C.A. 4--5--304.

  3. COMMENCEMENT OF CONTESTED CASE PROCEEDINGS

    Commencement of Action - An appeal of disciplinary action must be commenced by filing Notice of Appeal with the Secretary to the Commission. Said request must be made within 15 calendar days after notification by the Appointing Authority of said action.

    Answer. Any employee or former employee appealing any disciplinary action taken against him shall with his notice of appeal file an answer or statement setting forth the reason said employee is appealing.

    Notice of Hearing - In every contested case, except those heard by an Administrative Law Judge from the Office of the Secretary of State, a notice of hearing shall be issued by the Secretary to the Commission. The notice shall comply with T.C.A. 4--5--307 (b). Included with the notice will be a copy of the charge and/or determination letter from the appointing authority setting out the reasons for disciplinary action and a copy of the hearing procedures to be followed. A copy of the notice will be sent to the Department of Law. Notice of hearings set before an ALJ will be issued by the Administrative Procedures Division of the Office of the Secretary of State.

    Within 20 calendar days from the receipt of the Notice of Hearing a representative of the Department of Law shall file with the Secretary to the Commission formal Charges and Specifications. The Charges and Specifications shall set out the specific act(s) or event(s) leading to the disciplinary action being taken, and shall set out the specific Civil Service Commission Rules and Regulations, the Charter Provision, Executive or Administrative Order, Department Rule, or Regulation, Ordinance, Law, or other regulation violated.

  4. SERVICE OF NOTICE OF HEARING

    A copy of the notice of hearing must be delivered by return receipt mail or served personally on the appellant and/or his designee. No hearing shall be held, unless otherwise specified by statute, until the expiration of 30 days from service of the notice upon all parties.

    Since each employee is required to keep the Civil Service Commission informed of his current address, service of notice shall be deemed complete upon placing the notice in the mail to the last known address of such party. However, in the event of a motion for default where there is not indication of actual service on a party, the following circumstances will be taken into account in determining whether to grant the default, in addition to whether service was complete as defined above:

    1. Whether any other attempts at actual service were made;
    2. Whether and to what extent actual service is practicable in any given case;
    3. What attempts were made to get in contact with the party by telephone or otherwise; and
    4. Whether the Commission has actual knowledge or reason to know that the party may be located elsewhere than the address to which the notice was mailed.

  5. REPRESENTATION

    1. Any party may participate in the hearing in person or, if the party is an agency of Metropolitan Government, by a duly licensed attorney.
    2. Whether or not participating in person, any party may be advised and represented at the party's own expense by a licensed attorney.
    3. Attorney General's Opinion #97-164, as adopted by the Civil Service Commission on March 10, 1998, provides that a duly licensed attorney must represent all parties, who wish to have representation in hearings before the commission. All parties in a contested case hearing shall be notified of their right to be represented by counsel. An appearance by a party at a hearing without counsel may be deemed a waiver of the right to counsel.

SECTION 6.9 - EMPLOYEE GRIEVANCES

INTRODUCTION

A grievance is defined as follows:

An employee's claim that he has been adversely affected by a violation, misinterpretation, misapplication or non-application of a specific law, ordinance, resolution, executive order, Civil Service Rule or written policy.

Employees and management should recognize that grievances can be helpful to an organization to call matters to the attention of officials when action is needed. If a grievance procedure is used properly, it can assist in establishing a harmonious and cooperative working relationship between employees of the Metropolitan Government. The grievance procedure is used to give every employee who has a grievance the opportunity to express himself and to allow Metropolitan officials to take prompt action where needed.

Every employee shall have the right to present his grievance under the provisions of the grievance procedures free from fear, interference, restraint, discrimination, coercion or reprisal. Any aggrieved employee or group of employees shall have the right to have reasonable representation of his or their choosing at all stages of the grievance procedure up to and including Stage III. If the grievance decision is appealed to the Civil Service Commission, representation will be in accordance with Section 6.8 E, above. A group of employees appealing a grievance to the Civil Service Commission without counsel shall designate one member of the group as spokesman.

  1. NON-GRIEVABLE MATTERS

    While the grievance procedure can be beneficial to an organization, there are boundaries that must be set concerning issues that are not grievable. These boundaries are set in order to maintain the efficient operation of the Metropolitan Government and to prevent the obstruction of its goals and objectives.

    The list found below outlines subject areas that are considered to be non-grievable. Complaints concerning these areas must not be filed as grievances by employees nor may they be accepted as grievances by supervisors. If accepted it can be ruled non-grievable later by the Appointing Authority or the Director of Human Resources. Management should attempt to resolve these types of complaints through routine procedures. (In that complaints of this nature will usually involve an established rule or policy, employees should be encouraged to suggest revisions to a rule or policy to the HR Department at any time.)

    • Changes or request for changes in the approved pay plan or approved benefits
    • The merits of any uniformly applied HR practice, policy or procedure established by laws, ordinance or Civil Service Rule
    • Reductions in work force
    • Management rights to schedule and organize work, to make work assignments, and to prescribe methods and procedures by which work is performed, unless otherwise provided in these rules.

    Complaints alleging discrimination or other violations of applicable EEO laws must be filed as discrimination complaints and will be processed in accordance with the EEO Complaint Procedure (see Section 3.1 B).

    In the event of a disagreement as to whether a complaint is grievable within the scope of this procedure, the employee may, by his simple written request, ask the Director of HR to make the determination.

  2. GRIEVANCE PROCEDURE

    Metro Grievance Procedure:

    • Stage I Written grievance/complaint to supervisor
    • Stage II Written appeal to Department Head/Authority
    • Stage III Written appeal to appear before Departmental Grievance Board Optional:
    • Appeal rights to Civil Service Commission-Case heard by Commission Hearing Officer.
    • Review of decision by Full Civil Service Commission

    Stage I. Written Complaint to Supervisor: The first stage of any grievance consists of the employee's oral or written presentation of his complaint to his immediate supervisor. If the grievance is submitted orally it is the employee's responsibility to clearly communicate that he indeed wishes to file a grievance. The supervisor will document the grievance and have the employee sign a simple statement that he is submitting a grievance. The employee may take his complaint at Stage I to the next supervisor in the chain of command when the complaint concerns some action of the supervisor that the employee feels he is not able to discuss with the supervisor. The supervisor will promptly consider the complaint and determine if the matter is grievable. The supervisor will take the appropriate action to resolve the grievance or to deny the grievance. He shall take action and/or notify the employee of his decision in writing within seven (7) calendar days. If the complaint is grievable and cannot be resolved between the employee and the supervisor the employee may proceed to Stage II.

    Any grievance must be filed within sixty (60) calendar days after the event giving rise to the grievance. Back pay shall not be awarded for any period earlier than six-months prior to the filing date of the grievance.

    Stage II. Appeal to Appointing Authority: The employee must write a letter to the Appointing Authority stating his complaint and requesting to proceed to Stage II. The letter must be received by the Appointing Authority within ten (10) calendar days of receiving the supervisor's decision. If there is no resolution acceptable to both parties the Appointing Authority or designee will attempt to resolve the grievance and will send a letter to the employee within ten (10) calendar days confirming any agreed upon resolution. The Appointing Authority will notify the employee, within the same time period, that he may proceed to stage III. When this is done, the Appointing Authority will delay his decision until receipt of the report by the grievance board.

    Note: By mutual consent between the Appointing Authority and the grievant, stages I and II may be combined.

    Stage III. Appeal to Grievance Board: The employee must request in writing to the Appointing Authority within (10) calendar days that his written grievance be sent to the Departmental Grievance Board. The Appointing Authority shall within seven (7) calendar days take appropriate steps to establish the Grievance Board. The Grievance Board will conduct an investigation, which may include a hearing and will submit a written report to the Appointing Authority within thirty (30) calendar days. The written report shall include the board's statement of findings, conclusions and recommendations for disposition of the grievance. After the board has presented its report to the Appointing Authority he shall render a final decision in writing to the employee within seven (7) calendar days.

  3. SELECTION OF GRIEVANCE PANEL AND BOARD

    The Appointing Authority shall establish a departmental grievance panel from which a departmental grievance board shall be appointed as needed to investigate a grievance of any employee. The panel shall consist of not less than six (6) members or more than (16) members half of which shall be appointed by the Appointing Authority and the other half shall be elected by the employees in their respective departments. Departments having 51% of their employees as members of an employee organization recognized by Metro shall have one-half of the panel members appointed by the employee organization rather than elected. Vacancies will be appointed or re-elected in the same manner. For small departments of less than twenty employees, members of the panel, at the request or the Appointing Authority, may be appointed by the HR Director from the employees of the Human Resources Department or agreements may be made with other departments to let their employees serve on the panel. A panel shall be re-established in January of at least every third year.

    Note: The Police Department shall have separate panels for sworn personnel and civilian personnel.

    Whenever a written grievance is received by the Appointing Authority, requesting an investigation by the departmental grievance board, the aggrieved employee making the request shall select one (1) member from the panel he desires to serve on the board. The Appointing Authority shall select one (1) member from the panel who he desires to serve on the board. These two members of the board shall select a third member from the panel who shall serve as chairperson of the Board. They shall constitute the official departmental grievance board. If the two members cannot agree on a third member, the aggrieved employee shall choose the member by a blind draw of the remaining panel names.

    No employee who has been involved as a representative of the employee or has been involved in an official capacity in the handling of the employee's grievance shall be eligible to serve on that board.

  4. REVIEW BY THE CIVIL SERVICE COMMISSION

    If the employee is not satisfied with the Appointing Authority's final decision, he may request a hearing before the Commissioner designated as the Hearing Officer for grievance appeals. The decision of the Hearing Officer will be reviewed by the Civil Service Commission under the same procedures as for disciplinary appeals.

    The request must be made in writing to the Director of HR within ten (10) calendar days following receipt of the Appointing Authority's final decision. The HR Department will schedule a date for the hearing and will notify all parties.

  5. FINAL DECISION AND ORDERS

    A grievance may be settled, in part or in whole, at any time during the grievance procedure. A final decision or order in a grievance review shall be in writing and stated in the record. A final decision shall include findings of facts and reasons for the ultimate decision. Parties shall be notified in writing either personally or by mail of any decision or order and such written notice shall include a statement of a party's right to administrative or judicial review. A copy of the decision or order will be delivered or mailed forthwith to each party or to his representative of record.

  6. ENFORCEMENT OF THE GRIEVANCE DECISION

    After a decision has been rendered in settling a grievance, it is expected that the decision would be placed into action as soon as possible. If there is an unusual delay in placing the decision into effect, the employee may seek the reasons for the delay from the Appointing Authority. If no satisfactory answer is obtained and/or the delay continues, the employee should present the matter to the Director of HR. Full information will be presented which will enable the Director of HR to implement the decision. If for any reason this action is unsuccessful, the Director of HR will direct this matter for enforcement to the attention of the Civil Service Commission.

  7. MISCELLANEOUS

    1. TIME LIMITATIONS

      The time constraints referred to throughout the grievance section were included to assure a swift yet fair grievance process. They may be extended by mutual agreement. The time limits are to be strictly observed. In the event a grievance is not filed or is not appealed by the employee within the specified time limit, at any point in the grievance process, the matter will be considered as having been accepted by the employee or settled on the basis of the last disposition. In the event a grievance is not answered within the specified time limit, the employee may appeal the grievance to the next step in the process.

    2. HOURS/COMPENSATION

      Any employee officially involved in the handling of a grievance will be considered on official duty during his normal working hours. This will include the employee filing the grievance, his representative, any employee assigned to the investigation, any employee called as a witness, and employees serving as fact-finders. All hearings, investigations, and settlements of grievances shall be processed during regular working hours whenever possible. All grievances shall be settled in accordance with the provisions of these procedures and there shall not be any undue interruptions, interference, or work stoppage.

    3. WITNESSES

      Metro employees who have direct, firsthand knowledge of the specific event or circumstances giving rise to a grievance may be required to give evidence at any step of the grievance procedure. The Appointing Authority, or his designee, shall notify and make arrangements for any employee involved and participating in the processing and hearing of a grievance to appear before the departmental grievance board when requested to do so by the aggrieved employee or his chosen representative. The number of witnesses will be limited to those necessary for a fair presentation of the grievance. When there appear to be unnecessary witnesses the Appointing Authority will hold a pre-hearing conference with the employee and/or his representative to discuss the necessity of each witness. When several witnesses are testifying to the same incident or circumstances or there are numerous character witnesses the witnesses will be limited to a reasonable number.

    4. BURDEN OF PROOF

      The employee will bear the burden of proof in all grievance proceedings.