03-07-16 HRB Minutes - Laserfiche WebLink

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Board Member Deanna Brown indicated that the City does not distinguish grievances and appeals separately. Ms. Brown stated that the definition of each should be added to the code so it is understandable. Board Member Deanna Brown inquired as to if any employees have ever showed concern over the grievance and appeals process. Deputy Human Resources Director Pia Rose replied and indicated that there has not been any employees that have shown concern over the grievance and appeals process. Vice-Chair Alysia Webb inquired as to what the process is to revise Municipal Code 2.36.090. Assistant City Attorney Bob Hansen responded and indicated that the Board would need to revise the current language in the Code and forward it to the Governmental Affairs Committee for review. Mr. Hansen stated that the Governmental Affairs Committee would either approve the amendment and forward the document to the City Council for approval or send the document back to Human Resources for further action if the amendment was not approved as submitted. Assistant City Attorney Bob Hansen indicated that amendments to this particular code would also require a meet and confer with all unions. Board Member Rafael Elizalde inquired as to why this action would require a meet and confer. Mr. Hansen responded and indicated that because this Code effects all employees a meet and confer is necessary. Board Member Darron Thompson stated that he would like to see the grievance and appeals process separated. Mr. Thompson indicated that because the City Manager currently hears both, grievances and appeals there is no due process. Deputy Human Resources Director Pia Rose informed the Board that section three of the Employer Employee Relations Resolution gives the Human Resources Board authority to hear grievances. Mrs. Rose stated that this procedure has been in place since 1983. Board Member Deanna Brown asked Mrs. Rose if the Employer Employee Relations Resolution covers all employees. Mrs. Rose replied and indicated that all employees in the classified service are covered. Board Member Tricia Eibs stated that an Ad-Hoc Committee should be formed to review the current language associated with RMC 2.36.090. Public Comment Period: Jason Hunter provided the Board with a handout of current and proposed language for Municipal Codes 2.36.090 and 2.36.030. Mr. Hunter spoke regarding due process for non-represented employees. Mr. Hunter indicated that the Employer Employee Relations Resolution covers only union employees. Jason Hunter spoke regarding restoring the Boards investigatory powers. 3. Investigatory Powers Definition – Tricia Eibs, Board Member Board Member Tricia Eibs indicated that during her tenure on the Human Resources Board she has heard one grievance. Ms. Eibs discussed the grievance process and indicated that the process that is currently in place gives the Board an opportunity to communicate with all involved parties. Board Member Deanna Brown inquired as to who called in the witnesses during the grievance hearing and asked how the hearing was recorded. Mrs. Eibs responded and indicated that the Chair called in the witnesses at the grievance hearing. Board Member Deanna Brown indicated that a procedure needs to be put in place for the Board to follow during hearings. Ms. Brown indicated that she would like the Board to expand on what they believe their investigatory powers should be. Mrs. Eibs stated that her definition of investigatory powers is to provide a fair and equitable process. Board Member Deanna Brown indicated that RMC 2.36.090 gives the Board investigatory powers and stated that the Board needs a definition of what it is to better understand it. Board Member Darron Thompson agreed with Ms. Brown and indicated that he too would like to see a definition for investigatory powers added to the RMC. Board Member Deanna Brown motioned to request a definition of investigatory powers. The motion included having the Board obtain from the City Attorney’s Office and Human Resources Department the definitions of grievances, appeals and investigations as stated in RMC 2.36.090. Ms. Brown also requested the legislative history for the words grievances and appeals. Deputy Human Resources Director Pia Rose informed the Board that researching the legislative trail would take time and would involve multiple departments. Board Member Rafael Elizalde seconded the motion and asked to have this information to the Board by the May meeting. The motion passed unanimously. Page 2 of 3