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Section 26. Grievance Procedure <br />(1) A grievance shall be defined as any dispute which <br />involves the interpretation or application of any <br />provision of this Memorandum of Understanding, or those <br />City personnel rules which fall within the scope of <br />representation. Specifically excluded from the <br />grievance procedure are performance evaluations and <br />denial of merit step increases plus any other matter <br />which provides for a separate appeal process. <br />(2) (a) Within fifteen (15) working days of the occurrence <br />or discovery of an alleged grievance, any employee <br />who believes that he/she has a grievance shall <br />discuss such grievance with such management <br />official in the department in which he/she works as <br />the department head may designate. If the issue is <br />not resolved within the department, the procedures <br />hereinafter specified may be invoked. <br />(b) The employee or their representative shall notify <br />the Personnel Director or designated representative <br />in writing within fifteen (15) days after <br />discussion of the grievance with the management <br />official in the department in which the employee <br />works that a grievance exists, and in such <br />notification state the particulars of the grievance <br />and if possible, the nature of the determination <br />which is desired. The Personnel Director or <br />designated representative shall thereafter <br />investigate the issues involved, and within fifteen <br />(15) days after written notification by the <br />Association. No grievance may be processed under <br />paragraphs (c) and (d) below which has not first <br />been filed and investigated in pursuance of this <br />paragraph (b). <br />(c) Any grievance which has not been resolved by the <br />procedures hereinabove set forth may be referred to <br />the City Manager by the employee or their <br />representative or by the Personnel Director. Any <br />such referral shall be in writing, and the <br />specific issues involved shall be detailed in such <br />referral together with a statement of the <br />resolution which is desired. The City Manager <br />shall designate a personal representative who shall <br />not be the Personnel Director to investigate the <br />merits of the grievance, to meet with the grievant <br />and to settle such grievance or to make <br />recommendations thereon to the City Manager. This <br />shall be the final step of the grievance procedure <br />unless the Association elects step D below. <br />(d) In the event the parties hereto are unable to reach <br />24 <br />