Fayette Objective ordinance (§ 125.890)

A. It is the objective of the City of Fayette to allow a fair and unbiased process to take place and the City Administrator or Public Works Director should not have to intervene, but will intervene on major conflicts and resolution of other problems will be left to the Department Head. It is, however, the goal of the City to allow the process of appeal to take place within the jurisdiction of the department so long as that is possible and practical. It is not the goal of the City nor the City Administrator nor the Public Works Director nor the Board of Aldermen to monitor, adjudicate, nor respond to minor complaints within a department that should be administered/managed by the department head/Superintendent. Professionals of good faith can usually resolve conflicts on their own and on a direct basis. It is, however, good policy to have a procedure for resolving major conflicts where there is ample feeling that the departmental process or the Department Head/Superintendent is no longer able to functionally resolve the dispute in question.

B. Scope. A personnel matter subject to an appeal procedure is a matter of such magnitude that there is little or no expectation that it can be resolved simply by informal channels of communication. An appealable matter should not represent petty or minor differences largely due to routine work conflicts nor office "politics" but should instead reflect major conflicts related to compensation levels, leave time, or matters of major equity and fairness wherein the involvement of an unbiased third party or panel has obvious merit.

C. City Appeal Panel. The appeals panel shall be the Board of Aldermen and shall hereafter be called the "appeal panel."

D. Representation. An employee may elect to have an attorney of his/her choosing if he/she so desires and at their own expense.

E. Informal Approach. An employee who differs with a decision or action of his/her immediate Department head/Superintendent should make every reasonable attempt over a period of five (5) working days to resolve the difference in a friendly and non-confrontational manner. Resolution using this informal approach shall extend past the immediate Supervisor and to the Department head/Superintendent as well as to the City Administrator or Public Works Director during the five-day period.

F. Appeal Procedure. If it is clear that the informal and friendly discussion has not resolved the matter to the satisfaction of all concerned, then the more formal appeal procedure shall begin and be documented in writing step by step by both the employee and the Department head/Superintendent with the knowledge of the City Administrator or Public Works Director. Any written request to the appeal panel must include a precise, complete statement of the facts and circumstances constituting the grievance. The request shall contain substantially all information, pro and con, known to him/her, which bears significantly upon the evaluation of the requested action. The employee shall also include a specific statement of what the administrative action he requests the Board of Alderman take or refrain from taking as a means of alleviating the problem. Formal documentation once the appeal has become formal shall include no less than the names of the affected parties, the date of initial complaint, the nature of the complaint, the dates and times of meetings established to resolve the complaint and the employee's expressions of how the conflict directly affects his/her job satisfaction.

1. Written Report. If the informal procedure (approach) fails to resolve the difference, the employee may within three (3) working days following the expiration of the informal five-day period then file a written appeal with their Department head/Superintendent. The Department head/Superintendent then has three (3) working days to furnish the employee with a written response if desired;

2. Appeal To The City Appeal Panel. If the response to the employee is insufficient to resolve the appeal, then the employee has the right to request within three (3) working days, in writing, an appeal to the City appeal panel. The panel must respond within ten (10) working days, in writing, by setting a date and time for the formal appeal. At that time the employee has the right to bring with him/her another party of his/her choosing to assist with the presentation.

3. The City Appeal Panel. The City appeal panel in quorum session shall, within five (5) working days after hearing the facts, make a decision concerning the appeal and issue an opinion in writing. There is no further appeal then with City Government. Beyond that point the employee is at liberty to take the issue into the normal Civil Court procedures and/or appropriate human rights commissions or agencies. The hearing shall be conducted in an informal manner and the employee may bring other persons who have direct knowledge of the factual position of the employee. Employee's failure to attend or failure to notify of his or her inability to attend will be just cause for dismissal of the appeal.

G. Compensation Appeals. The pay range established for a given class of work and broadly applicable to more than one (1) employee shall not be reason for filing an appeal.

H. Policy Appeals. Policy made by the Board of Aldermen of Fayette and adopted by City ordinance is not subject to appeal.

I. Confidentiality. Any discussion, report, filing of an appeal or other personnel matter involving hiring, firing or promotion of personnel should be closed to the public and to the media under Section 610.021(3), RSMo.

J. Effect On At Will Status. Nothing herein set forth relating to appeals shall in any way be deemed a restriction, limitation or qualification of an employee's at will employment status.