Personnel Rules and Regulations

Complaint Resolution

Appeal Procedure

THE APPEAL PROCEDURES DO NOT PROVIDE LEGAL RIGHTS TO EMPLOYEES. ONLY THE CITY COUNCIL, IN ENACTING THE CITY CHARTER AND CODE, MAY CONFER RIGHTS TO EMPLOYEES. THE PROCEDURES ARE DRAFTED FOR THE PURPOSE OF IMPLEMENTING THE FORT WORTH CITY CODE, AND MAY BE REWRITTEN BY THE CITY MANAGER AT ANY TIME, FOR ANY REASON.

THE APPEAL PROCEDURES SERVE AS GUIDELINES FOR THE ORDERLY PROCESSING OF APPEALS. THE HUMAN RESOURCES DIRECTOR OR DESIGNEE MAY WAIVE PROCEDURAL RULES FOR GOOD CAUSE. FAILURE OF THE CITY TO STRICTLY FOLLOW THE GUIDELINES DOES NOT PREVENT THE CITY FROM IMPOSING DISCIPLINE ON EMPLOYEES, UP TO AND INCLUDING TERMINATION.

It shall be the policy of the City of Fort Worth to give eligible employees an opportunity to appeal disciplinary dismissals, demotions or suspensions, as defined in this Appeal Procedure, with supervisors and management in order to reach a mutually satisfactory resolution as soon as possible. In the presentation of appeals, employees are assured of freedom from restraint, interference, discrimination or reprisal. Resolutions may be negotiated at any step throughout the Appeal Procedure.

Employees who have successfully completed his/her initial probationary period and who are not employed in a temporary status, may file appeals. (Revised October 9, 1999) Some employees, however, are excluded from coverage under these procedures (see Exclusions Provision on page 7 of this section) (Revised Nov. 15, 2004).

Human Resources Director or designee shall be responsible for ensuring that appeals are processed in accordance with established procedures. Decisions pertaining to the application, interpretation and implementation of these procedures shall be made by the Director or designee.

An Appeal is the administrative procedure whereby an employee who has been terminated, demoted, or suspended for more than ten (10) consecutive working days for disciplinary reasons may seek restitution.

A Discrimination Appeal is an appeal where an employee who has been disciplined by termination, demotion or suspension alleges disparate (unequal) treatment. Acceptable bases upon which to file a discrimination appeal include race, color, national origin, gender, age, sexual orientation (revised June 1, 2004), religion, and/or disability.

Any discrimination appeal shall be construed as being a claim against the City of Fort Worth. Unless determined by legal counsel to be facially invalid, these appeals will be investigated as if they were a claim. The Human Resources Director or designee shall investigate such appeals for the review of Legal counsel.

(Paragraph deleted effective 2-10-06)

The Resolution Process

Filing An Appeal

The aggrieved employee must contact the Employee Relations Division in the Human Resources Department within five (5) (Revised January 21, 2002) working days of the occurrence of the matter aggrieved or within five (5) (Revised January 21, 2002) working days after the employee first learned about the matter. The aggrieved employee must meet with the Employee Relations Division to file an appeal. During this meeting the employee’s eligibility to file an appeal will be determined. If eligible, the appeal process will be explained to the employee. The employee will be given a one-page summary of the process, a Grievance/Appeal form, and a Complainant Rights form.

The City’s Grievance/Appeal Report form shall be utilized under this procedure and should not be separated into its individual carbon copies until a final resolution has been established with the Human Resources Director’s or designee’s approval. Departments and employees should retain a photocopy of the form and their responses.

All parties involved in the filing, processing, and investigation of a appeal are expected to provide full and complete information relevant to the appeal. Information intentionally withheld at any point during the appeal process, to be presented at a later point in the process, will not be considered in the appeal process. Full and timely disclosure is expected throughout the appeal process.

Step 1: Human Resources and Department (Revised January 21, 2002)

The employee must submit the appeal to the Human Resources Director or designee within five (5) working days after meeting with the Employee Relations Division. (Revised January 21, 2002)

The Department Director will designate a staff member to conduct an investigation with the Human Resources Department. They will (Revised January 21, 2002) have ten (10) working days to gather facts, attempt to secure a resolution and respond in writing. Every attempt should be made to resolve the problem.

The investigation team (Revised January 21, 2002) should meet with the aggrieved employee to discuss the issues before a written response is prepared.

If the appeal is resolved, a (Revised January 21, 2002) settlement shall be written and signed by all parties. Copies of the signed settlement shall be distributed to the aggrieved employee, Department Director and Human Resources Department along with the appropriate copy of the Grievance/Appeal Report form. The complete file shall be maintained by the Human Resources Department’s Employee Relations Division.

Step 2: Disciplinary Appeals Board (Revised January 21,2002)

The Disciplinary Appeals Board was established and is governed by City Ordinance No. 11921, entitled "Human Resources Ordinance".

Failure to resolve the appeal results in the appellant’s option to proceed to Step 2 or discontinue the appeal. If the employee decides to proceed, the employee must contact the Employee Relations Division in writing within ten (10) (Revised July 1, 2003) working days after receipt of the Step 1 response to request a hearing before the Disciplinary Appeals Board.

A hearing shall be scheduled and convened as soon as possible after receipt of the employee’s written request.

A Notice of Public Hearing shall be posted at least seventy-two (72) hours prior to the hearing in accordance with state law.

Hearing Rescheduling

Either party may request a rescheduling of the hearing by notifying the Employee Relations Division as soon as possible prior to the time of the hearing. (Hearings rescheduled at the appellant's request will mitigate possible damage awards.) If, in the Human Resources Director’s or designee’s judgment, the request is reasonable, the hearing will be rescheduled. If the request is not deemed reasonable, the issue will be reviewed by the Human Resources Director and may administratively close the appeal. (Revised January 26, 2001)

If an employee does not cooperate in the hearing scheduling process by failing to attend a scheduled hearing without notice or for good cause or by failing to provide information needed to schedule a hearing, that employee’s appeal will be administratively closed by the Board.

Disciplinary Appeals Board Hearing

The Board shall only consider the issues contained in a written statement from the Department of Law stating the charges against the appellant and the rationale for the action taken. Evidence presented at the hearing by either party must directly relate to those issues.
The Board has subpoena power, and witnesses may be summoned by either party or by the Board. Requests for the issuance of subpoenas must be received by the Human Resources Department at least three (3) working days prior to the date of the hearing (Employees summoned to testify will be paid for their time at the hearing.) The time should be code as “B” time on the time sheet. (Revised 2-10-06)
The rules of evidence shall not apply.
Both parties may represent themselves or they may be represented by a person of their choice. Attorneys may represent either party.
The hearing shall be tape-recorded and maintained in City records as a part of the employee’s appeal file for two (2) years. It shall be optional for either party, at its own expense, to have a court reporter present to record the proceedings.

Order of Proceedings

The Board Chairperson or designee shall preside over and direct the hearing.
The department and the appellant shall present opening statements. The first opening statement shall be given by the party who has the burden of proof. (Revised Nov. 15, 2004). Each party shall have ten (10) minutes to briefly outline their respective positions.
The department and the appellant shall present their evidentiary information (witness testimony and documentary material). The party who has the burden of proof shall be the first to present evidentiary information (Revised Nov. 15, 2004).
The party with the burden of proof shall be the last to give a closing statement. (Revised Nov. 15, 2004)
The Board may question all the evidence presented in order to clarify factual statements and to ensure their understanding of the points being presented.
Each party may question statements, evidence and testimony
Upon completion of the presentation of evidentiary information by both parties, each party (department and then the appellant) shall have ten (10) minutes for closing statements. Closing statements should identify the conclusions which each party believes the evidence shows.
The Board shall adjourn the hearing after both parties complete their closing statements.
Within ten (10) working days after conclusion of the hearing of an appeal or as soon thereafter as practicable, the Board shall prepare written findings and recommendations to be sent to the City Manager or designee for review within (10) working days or as soon thereafter as practicable.
The City Manager or designee will review the Board’s findings and recommendations and will determine whether to accept, modify or reject the Board's recommendations. The City Manager's or designee's decision will be final and forwarded to the Human Resources Department.
Upon receipt of the decision of the City Manager or designee, the Human Resources Director or designee shall forward copies of the Board’s findings and recommendations, and the decision by the City Manager or designee, to the appellant ( and representative, if applicable), Department Director, the Board members, and the Human Resources Department which shall maintain a complete case file and the appeal process shall be concluded.

Hearing Officer Hearings

An independent Hearing Officer may be designated and directed by the Board to conduct hearings on employee appeals. The Hearing Officer has the same duties and powers of the Board, including the right to issue subpoenas.

The Hearings Officer shall hear appeals and prepare written findings and recommendations within ten (10) working days after the conclusion of the hearing or as soon there after as practicable.

The City Manager or designee will review the Hearing Officer's findings and recommendations and will determine whether to accept, modify or reject the Hearing Officer's recommendations. The City Manager's or designee's decision will be final and forwarded to the Human Resources Department.

Upon receipt of the decision of the City Manager or designee, the Human Resources Director or designee shall forward copies of the Hearing Officer’s findings and recommendations, and the decision by the City Manager or designee, to the appellant (and representative, if applicable), Department Director, the Board members, and the Human Resources Department which shall maintain a complete case file and the appeal process shall be concluded.

Disciplinary Appeals Board Findings and Recommendations

Board findings and recommendations shall be based upon a preponderance of the evidence (i.e., by the greater weight of the evidence presented).
The Department shall have the burden of proof, by a preponderance of the evidence, to show just and reasonable cause for the action taken.
If the employee alleges that discrimination was the basis of the action taken by the department, the burden of proof shall rest upon the employee who must establish by a preponderance of the evidence that discrimination occurred.
If the Board determines that the disciplinary charges are sustained, the Board shall recommend whether the good of the City requires that the appellant be permanently discharged, be suspended without pay for a definite time period or demoted from a higher to a lower position.

If the Board determines that the disciplinary charges are not sustained, the Board shall recommend that the appellant be made whole.
Such recommendations shall be limited to a statement of whether the Board finds that the disciplinary charges against the appellant are sustained or not sustained, and the action which the Board recommends concerning the appeal. The Board may, in its discretion, recommend that an appellant be awarded all or part of his/her back pay when the Board finds that such action would be appropriate. (See Mitigation of Damages provision below.)
The findings and recommendations of the Board are public record.

Mitigation of Damages

When an appeal hearing has been scheduled, then is rescheduled at the request of the appellant, any backpay and/or benefit awards will be calculated from the originally scheduled hearing date. Rescheduled hearings initiated by the City will not affect backpay and/or benefit awards.

Backpay awards will be limited to actual monetary losses and benefits losses. Backpay awards will be (Revised July 1, 2003) offset by any income the former employee earned in the interim between the termination and the reinstatement. If no income has been earned, the appellant must provide evidence of a good faith effort to locate other employment before the City pays full backpay.

If the appellant cannot provide such evidence, the Board may reduce the backpay by an amount the appellant could reasonably have earned if he or she had made an attempt to locate other employment.

The Board will determine what constitutes a reasonable backpay and benefits award recommendation.

No punitive relief, attorney’s fees or other such relief shall be awarded to appellants. (Revised July 1, 2003)

Provisions Pertaining to Response Deadlines

If the employee fails to pursue an appeal within the time limits set forth under Steps 1 or 2, the appeal shall be considered settled, based upon the last answer given by the supervisory representative of the City.

If the City fails to respond to an appeal within the time limits set forth in Step 1 (Revised January 21, 2002) and a reasonable explanation is not given, the appeal shall be automatically moved up to the next step in the procedure if so desired by the appellant.

If either party wishes to have an extension of a step response deadline, a written request (explaining the reason(s) for the request) must be submitted to the Employee Relations Division prior to the steps original deadline. The request will be reviewed and will be approved or denied. No extension may last more than ten (10) working days, and only one (1) extension request per step by either party may be granted. (Revised October 9, 1999)

Employee Representation

Employees may have a representative during the appeal process. The representation may or may not be an attorney. Employees may obtain assistance from employee organizations. However, management and supervisory employees of the City may not represent employees in the resolution process. If an employee represents another employee, time spent as a representative during working hours will be charged against accrued leave or compensatory time.

Employees and their representatives, if any, shall carry out their responsibilities with as little disruption to a department's operations as possible. Previous notification of appropriate supervisory personnel shall occur before the initiation of activities to settle or investigate an appeal. The activities specified below should be handled during working hours. Arrangements must be made with the immediate supervisor when it is necessary to meet with the aggrieved employee or other employees during working hours. Activities during working hours shall be confined to the following:

Assisting the aggrieved employee in processing an appeal at the various steps of the procedure.
Requesting information regarding an appeal.
Meeting with appropriate supervisors or other designated City representatives to resolve an appeal.
On-site visits to observe damaged equipment, operational procedures, working conditions or any other items which may assist in the resolution of an appeal.

Exclusions from Procedure

Unless otherwise specified within this policy, the following officers and employees of the City shall not have a Pre-Suspension/Demotion/Termination meeting nor have access to the Appeal Procedure:

The Mayor, members of the City Council and members of appointive boards shall be exempt from the provisions of this procedure.
The City Manager and the Assistant City Managers shall be exempt from the dismissal, suspension, and demotion section of this procedure.
The City Manager's Secretary shall be subject to the dismissal, suspension, and demotion provisions of the City's policies, save and except that, in the event of an appeal by the City Manager's Secretary of a disciplinary action, all findings and recommendations of the Disciplinary Appeals Board or its designated Hearing Officer shall be made to the Inter/Intra-Governmental Affairs Committee of the City Council for final decision, rather than to the City Manager.
The heads of departments, assistant heads of departments, division heads, the judges of the municipal court system, the City Internal Auditor, and the City Secretary shall be exempt from the dismissal, suspension, and demotion section of this procedure.
Persons temporarily appointed to the City service and employees in their initial probationary period shall be exempt from the dismissal, suspension, and demotion section of this procedure. Discrimination appeals, however, may be filed by these persons. (Revised January 21, 2002)
The City Attorney and all assistants in the Department of law shall be exempt from the dismissal, suspension, and demotion provisions of the City's policies.
Employees of the Police Department and Fire Department who are subject to the provisions of the Fire and Police Civil Service law (Texas Local Government Code, Chapter 143) are exempt from the policies on dismissal, suspension, and demotion, and the policies on political activities.

Resignation/Separation [Moved this policy to the Termination and Separation Tab under the new title, Pre-Termination, Demotion and Suspension Process]

Complaint Resolution Procedures for Persons with Disabilities

Persons who believe the City is not in compliance with the Americans with Disabilities Act of 1990 (ADA) may file complaints with the City’s ADA Coordinator in the Human Resources Department. (See "Americans with Disabilities Act of 1990 " policy.)

Requests for services, questions, concerns, and/or complaints regarding the accessibility of City facilities, services, programs, and/or activities may be filed by calling the City’s ADA Coordinator in the Human Resources Department. If a complaint is not resolved through informal channels, a written complaint may be filed. The ADA Coordinator or designee will investigate complaints and respond to the complainant in writing. If the complainant is not satisfied with the outcome of the investigation, a written request for further review by the City Manager’s Office must be submitted to the Human Resources Director within ten (10) working days after receipt of the ADA Coordinator’s response. The City Manager or designee will review the matter and prepare a final written response which will be sent to the complainant as soon as practicable.

Applicants with disabilities may file complaints with the Human Resources Department’s Employee Relations Division. Complaints will be processed in accordance with the City’s Grievance and Discrimination Complaint Procedures.

Employees with disabilities may file complaints with the Human Resources Department’s Employee Relations Division. Complaints will be processed in accordance with the City grievance or appeal procedure, whichever is applicable.

Discrimination and Retaliation Complaints (New Policy Effective July 1, 2003)

All employees, including civil service, non-civil service, part time, temporary, and management level, may file a complaint alleging discrimination or retaliation. Former employees who have resigned or who have been terminated may also file retaliation and discrimination complaints.

Acceptable bases upon which to file a discrimination complaint are: race, color, national origin, gender, sexual orientation, (revised June 1, 2004) age (over 40), religion, and disability.

Acceptable bases upon which to file a retaliation complaint are the following:

The employee made a good faith report of a violation of law by a government entity or a public employee under the Texas Whistleblower Act, Section 554 of the Texas Government Code.
The employee, in good faith, filed, instituted, or caused to be instituted a claim for workers’ compensation benefits, or took other protected action, such as hiring an attorney for representation regarding a workers’ compensation claim or testifying in a proceeding under the Workers’ Compensation Act, Section 451 of the Texas Labor Code.
The employee has taken leave under the Family and Medical Leave Act (FMLA), 29 U.S.C. §§ 2601 – 2654, or the employee has filed a charge, instituted a proceeding, given information in connection with an investigation under the FMLA, or testified or is about to testify in a proceeding related to the rights provided for under the FMLA
The employee has filed a complaint or instituted any proceeding, either with the Fort Worth Human Resources Department or the U.S. Department of Labor, regarding payment of wages and overtime under the Fair Labor Standards Act, 29. U.S.C. § 201 et seq.
The employee has filed a discrimination charge or complaint (based on race, color, national origin, sexual orientation, (revised June 1, 2004) gender, age (over 40), religion, or disability) with the Equal Employment Opportunity Commission, Texas Commission on Human Rights, the Fort Worth Human Relations Commission, or the Fort Worth Human Resources Department.
The employee has opposed an illegal discriminatory practice (based on race, color, national origin, gender, sexual orientation, (revised June 1, 2004) age (over 40), religion, or disability) by testifying, assisting, or participating in any manner in an investigation, proceeding, or hearing. The employee alleging retaliation under this provision does not have to belong to a class protected by the underlying law.
The employee made a good faith report of sexual harassment as defined by the City’s Personnel Rules and Regulations.

An employee may file a complaint if that person has received an employment action that is perceived to be adverse, including suspension, demotion, transfer, and substandard performance evaluation. Former employees who resigned or have been terminated or laid off may also file a complaint. Employees who allege that they resigned due to retaliation or discrimination may file a complaint under this policy.

An individual may invoke this grievance procedure by filing a retaliation or discrimination report not later than the 90^th day after the date on which the alleged adverse employment action (1) occurred; or (2) was discovered by the employee through reasonable diligence. All complaints must be filed in writing with the Human Resources Department’s Employee Relations Division. Complaints filed by sworn personnel in Police and Fire may be reported and filed with the Internal Affairs Division (Police) or the Human Resources Officer (Fire) (Revised Nov. 15, 2004).

All reports must include the following information:

Contact information, including name, address, and telephone number of the Complainant.
The Complainant’s employee number and position (or former position) with the City.
The nature of the alleged adverse employment action taken against the Complainant.
The date of the alleged adverse employment action taken against the Complainant.
The name of the employee’s supervisor.
The name of the individual who allegedly caused an adverse employment action to be taken.
The facts that are the basis for the complaint, including dates that incidents occurred and names of individuals who may have knowledge of the facts.

The Human Resources Department’s Employee Relations Division will investigate allegations of discrimination and retaliation and convey the findings to the Department Director or designee. Complainants must cooperate in the investigation and timely provide information relevant to the complaint as requested by the investigators. At the conclusion of the investigation, the Department Director or designee will take action appropriate to the findings.

Grievance and Discrimination Complaint Procedure

THE GRIEVANCE AND DISCRIMINATION COMPLAINT PROCEDURES DO NOT PROVIDE LEGAL RIGHTS TO EMPLOYEES. ONLY THE CITY COUNCIL, IN ENACTING THE CITY CHARTER AND CODE, MAY CONFER RIGHTS TO EMPLOYEES. THE PROCEDURES ARE DRAFTED FOR THE PURPOSE OF IMPLEMENTING THE FORT WORTH CITY CODE, AND MAY BE REWRITTEN BY THE CITY MANAGER AT ANY TIME, FOR ANY REASON.

THE GRIEVANCE AND DISCRIMINATION COMPLAINT PROCEDURES SERVE AS GUIDELINES FOR THE ORDERLY PROCESSING OF GRIEVANCE AND DISCRIMINATION COMPLAINTS. THE HUMAN RESOURCES DIRECTOR OR DESIGNEE MAY WAIVE PROCEDURAL RULES FOR GOOD CAUSE. FAILURE OF THE CITY TO STRICTLY FOLLOW THE GUIDELINES DOES NOT PREVENT THE CITY FROM IMPOSING DISCIPLINE ON EMPLOYEES, UP TO AND INCLUDING TERMINATION.

It shall be the policy of the City of Fort Worth to give eligible employees an opportunity to discuss their grievances and discrimination complaints with their supervisors in order to reach a mutually satisfactory resolution as soon as possible. In the presentation of grievances and discrimination complaints, employees are assured of freedom from restraint, interference, discrimination or reprisal. Resolutions may be negotiated at any step throughout the Grievance and Discrimination Complaint Procedure.

Employees who have successfully completed their initial probationary period and who are not employed in a temporary status may file grievances and complaints. (Revised October 9, 1999) Some employees are excluded from coverage under these procedures (see Exclusions provision).

The Human Resources Director or designee shall be responsible for ensuring that grievances and discrimination complaints are processed in accordance with established procedures. Decisions pertaining to the application, interpretation and implementation of these procedures shall be made by the Human Resources Director or designee.

A grievance is a formal protest of a disciplinary action. Oral and written reprimands are not grievable. Suspensions without pay and reductions in rate of pay (equivalent to 10 consecutive working days or less), deletion of accrued vacation leave and disciplinary probationary periods may be grieved. Disciplinary dismissal, demotion or suspension without pay exceeding ten (10) consecutive working days which results in an alleged personal harm are covered under the Appeal Procedure.(Revised 02/23/2009)

A discrimination complaint is a grievance which states that the alleged personal harm, other than disciplinary dismissal, demotion, or suspension without pay exceeding ten (10) consecutive working days, is the result of disparate (unequal) treatment based upon race, color, national origin, gender, age, religion, sexual orientation (Revised January 26, 2001) and/or disability.

All discrimination complaints shall be filed directly with the Human Resources Director or designee, and the resolution process shall begin at Step 1. (Revised January 21, 2002)

Applicants with disabilities may file complaints with the Human Resources Director or designee in accordance with the City’s "Complaint Resolution Procedures for Persons with Disabilities" Policy.

The Resolution Process

Filing a Grievance or Complaint

The aggrieved employee must contact the Employee Relations Division in the Human Resources Department within five (5) working days of the occurrence of the matter aggrieved or within five (5) working days after the employee first learned about the incident. A meeting will be convened to discuss the employee’s concerns, to determine eligibility, and to explain the process and provide the documents needed to file a grievance or complaint.

Step 1: Human Resources and Department (Revised January 21, 2002)

A completed Grievance/Appeal Report form shall be delivered to the Human Resources Director or designee within five (5) working days after meeting with the Employee Relations Division. (Revised January 21, 2002)

The Department Director will designate a staff member to conduct an investigation with the Human Resources Department. They will have ten (10) working days to gather the facts, attempt to secure a resolution and respond in writing. Fact-gathering responsibilities shall rest with the Department Director or designee. Every attempt should be made to resolve the problem. (Revised January 21, 2002)

The investigation team (Revised January 21, 2002) should meet with the aggrieved employee to discuss the issues being contested before a written response is prepared.

If the grievance is resolved, a (Revised January 21, 2002) settlement shall be written by the Department Director or designee and signed by all parties, copies of which shall be distributed to the aggrieved employee, Department Director and Human Resources Department along with the appropriate carbon copy of the Grievance/Appeal Report form. The complete file shall be maintained by the Human Resources Department's Employee Relations Division.

Step 2A: (Revised January 21, 2002) Grievance Committee (Disciplinary Action-based Grievances and Complaints)

Failure to resolve the employee’s grievance or discrimination complaint results in his/her option to proceed to Step 2 or discontinue the grievance or discrimination complaint. If the employee decides to proceed, the employee must contact the Human Resources Department’s Employee Relations Division in writing within five (5) working days after receipt of the Step 2 response to request that the Human Resources Director or designee convene the Grievance Committee.

Scheduling Grievance Committee Hearings (Revised 2-10-06)
The Human Resources Director or designee shall schedule and convene the Grievance Committee as soon as practicable.

Either party may request a rescheduling of the hearing by notifying the Employee Relations Division as soon as possible prior to the time of the hearing. If, in the Human Resources Director's or designee's judgment, the request is reasonable, the hearing will be rescheduled. If, in his/her judgment, the request is not deemed reasonable, the issue will be submitted to the Grievance Committee which may administratively close the grievance or discrimination complaint.

If an employee does not cooperate with the Employee Relations Division in the hearing scheduling process by failing to attend a scheduled hearing without notice or by failing to provide information needed to schedule a hearing, that employee's grievance or discrimination complaint may be administratively closed by the Human Resources Director.

Grievance Committee Hearing Procedures

The committee shall only consider the issues contained in the employee’s Grievance/Appeal Report form and the rationale for the action taken. Evidentiary information presented at the hearing by either party must directly relate to those issues. The Committee shall receive a copy of the employee’s Grievance/Appeal Report form, the Step 1 (Revised January 21, 2002) response and the action being grieved.
Hearings may be tape-recorded by either party (using their own equipment) or the Committee; otherwise, hearings will not be tape-recorded. (Revised July 1, 2003)
The Committee shall select a member to preside over and direct the hearing.
The employee and then the department shall present their evidentiary information (witness testimony and documentary material). City employees called to testify will be compensated for their time at the hearing.
The Committee may question all the evidence presented in order to clarify factual statements and to ensure their understanding of the points being presented.
Each party may question statements, evidence and testimony.
The Committee shall adjourn the hearing after both parties complete their presentations.
Within ten (10) working days after the Grievance Committee hearing or as soon thereafter as practicable, the Chairperson shall submit the Committee’s written findings and recommendations to the City Manager or designee.
Upon receipt of the findings and decision from the City Manager or designee, the Human Resources Director or designee shall forward copies of the findings and recommendations of the Grievance Committee, as implemented by the City Manager or designee, to the aggrieved employee, Department Head, committee members and Human Resources Director along with the appropriate carbon copies of the Grievance/Appeal Report form. The grievance and discrimination complaint process shall be concluded.

Grievance Committee Findings and Recommendations

Grievance Committee findings and recommendations shall be based upon a preponderance of the evidence (i.e., by the greater weight of the evidence presented).
The Department shall have the burden of proof, by a preponderance of the evidence, to show that just and reasonable cause for the action taken was present.
If the employee alleges that discrimination was the basis of the action taken by the department, the burden of proof, shall rest upon the employee who must establish by a preponderance of the evidence that discrimination has taken place.
If the Committee determines that the City’s action is sustained, the Committee shall recommend an appropriate course of action for the City Manager’s or designee’s consideration. If the Committee determines that the City’s action is sustained, the Committee shall recommend that the department’s action be upheld.
Such recommendations shall be limited to a statement of whether the Committee finds that the City’s action is sustained or not sustained, and the corrective action which the Committee recommends. The Committee may, in its discretion, recommend that an employee be awarded part or all of any pay lost due to suspension when the Committee finds that such action would be appropriate.

Step 2B: City Manager’s or Designee (non-disciplinary action-based grievances and complaints)

The Human Resources Director shall send the case file to the City Manager or designee within five (5) working days after receipt of the request by the employee. At the discretion of the City Manager or designee, a meeting may or may not be convened with the employee. (Revised January 26, 2001)

(Paragraphs deleted effective 2-10-06)

Within ten (10) working days after the receipt of the grievance (Revised 2-10-06) or as soon thereafter as practicable, the City Manager or designee shall submit a written decision to the aggrieved employee, Department Director and Human Resources Director along with the appropriate carbon copies of the Grievance/Appeal Report form. The decision shall be final, and the settlement process shall be concluded.

Provisions Pertaining to Response Deadlines

If the employee fails to pursue a grievance or complaint within the time limits set forth under Step 1, (Revised January 21, 2002) the grievance or complaint shall be considered settled, based upon the last answer given by the supervisory representative of the City.

If the City fails to respond to a grievance or complaint within the time limits set forth under Step 1 and a reasonable explanation is not given, the grievance or complaint shall automatically move to the next step in the procedure.

If either party wishes to have an extension of a step response deadline, a written request (explaining the reasons(s) for the request) must be submitted to the Employee Relations Division prior to the step's original deadline. The request will be reviewed and will be approved or denied. No extension may last more than ten (10) working days, and only one (1) extension request per step by either party may be granted. (Revised October 9, 1999)

Employee Representation

Employees may have a representative during the grievance and process. The representative may or may not be an attorney. Employees may obtain assistance from employee organizations. However, management and supervisory employees of the City may not represent employees in the resolution process.

Management Rights

The City of Fort Worth has Management Rights. Complaints that involve management rights will not be processed unless the complaint describes a discrimination issue. Plainly stated, management rights are not grievable matters. These rights include the daily management of operations, direction of the work force, maintenance of discipline and efficient utilization of the work force. More specifically, but not limited herein, management rights include the authority: to hire and to determine employees' qualifications and ability; to determine the number and location of facilities and employees; to assign work; to transfer, promote and lay off employees; to evaluate employees and grant salary increases; to create, modify and abolish job classes, class specifications and job duties; to change or eliminate existing operations, methods, equipment or facilities; to contract out work; to schedule working hours within the work week; and to establish and enforce reasonable rules and regulations.

NOTE: Discrimination complaints involving management rights will be processed, this exclusion does not apply.

Termination or Resignation

Employees who are terminated or who resign their employment with the City forfeit their right to have access to the Grievance and Discrimination Complaint Procedures. Attempted withdrawal of a resignation shall not give an employee access to this Grievance and Discrimination Complaint Procedure. Any grievance or complaint being processed at the time of resignation or termination will not be processed and will be administratively closed.

Reclassifications

Cases involving the reclassification of a position are covered by the "Reclassification Appeals" policy.

Performance Evaluations and Merit Increase Denials

Employee performance evaluation ratings (Revised Nov. 15, 2004) and merit increase issues are not grievable items under the Grievance and Discrimination Complaint Procedure. They (Revised Nov. 15, 2004) may be appealed to the Department Director or designee whose decision shall be final.

Exclusions from Procedure

Unless otherwise specified within this regulation, the following officers and employees of the city shall not have a Pre-Suspension/Demotion/Termination meeting nor have access to the Grievance and Discrimination Complaint Procedure:

The Mayor, members of the City Council and members of appointive boards.
The City Manager, Assistant City Managers, Assistants to the City Manager and the City Manager’s secretary.
The Directors of Departments, Assistant Directors of Departments, Division Heads of Departments, Judges of the City Courts and the City Secretary.
The City Attorney and all Assistant Attorneys in the Department of Law.
Persons temporarily appointed to the City service, as defined in the Personnel policies. Discrimination complaints, however, may be filed by these persons. (Revised January 21, 2002)
Employees of the Police Department and Fire Department who are subject to the provisions of the Fire and Police Civil Service Act (Chapter 143, Municipal Code).

Grievance Committee

The City Manager or designee shall appoint from among the City employees nine (9) members to the Grievance Committee Panel for terms of two (2) years. Three (3) members from this Panel shall be selected by the Human Resources Director or designee and shall serve as the Grievance Committee to hear a designated grievance or discrimination complaint. They shall elect a Chairperson at the outset of the hearing. The Committee shall not disregard the rights of employees or of the City, and shall serve as an impartial body which will render findings and recommendations in an unbiased manner.

The Grievance Committee shall have the authority to call witnesses at the hearing for the purpose of proving, disproving or clarifying claims set out in the grievance or discrimination complaint. By submitting a grievance or discrimination complaint to the Committee, an employee shall grant permission for the Committee members to inspect the employee’s personnel file if the Committee believes that such inspection is relevant.

The Grievance Committee shall consider only the points set out in the original grievance or discrimination complaint and any additional information contained in written employee or supervisory responses attached thereto which pertain to the grievance or discrimination complaint.

As a body of arbitration, the Grievance Committee is not bound by any previous Grievance Committee decisions. The Committee may determine whether rules, regulations and policies were applied in a uniform, consistent manner. Along with its findings, it may also make relevant recommendations for administrative changes, which shall not be binding upon the City.

Findings and recommendations of the Grievance Committee to the City Manager shall require the affirmative vote of at least two (2) of its three (3) members.

The proceedings of the Grievance Committee do not need to be tape-recorded (Revised Nov. 15, 2004).

Personnel Committee

The Human Resources Committee, composed of three (3) Assistant City Managers, designated by the City Manager, shall assist in the administration of the City’s Personnel Policies by considering exceptions as may become necessary to ensure optimum efficiency in meeting the human resources needs of the City. The Human Resources Director shall serve as a non-voting staff member of the committee.

The committee shall consider requests regarding personnel matters submitted by Department Directors, upon which the requesting Department Director and the Human Resources Department have been unable to reach consensus. Such matters include exceptions to City policies, waiver of minimum qualifications, and decisions of the Human Resources Department to which a department objects. The committee shall also consider other issues related to human resources which require the committee’s attention.

Organization of Municipal Employees

Any employee of the City government may join, organize, or maintain membership in an employee or labor organization if he/she so desires. The City neither encourages nor discourages these activities, nor does membership or non-membership in an employee or labor organization affect the employee's standing or rights as a City employee. The policy herein stated is in accordance with the provisions of the statute of the State of Texas and the Charter of the City of Fort Worth.

Pursuant to Texas law, it is illegal for City employees to strike or picket or take any action which interferes with the ordinary and orderly conduct of the City government's business.

Unless provided by appropriate statute, governmental employees of Texas cities have no legal right to bargain collectively. Consistent with this policy, State law denies to City officials the power to enter into a collective bargaining contract or unconditional promise with any employee group or employee organization. Collective Bargaining is a bilateral process for achieving a collective agreement between an employer and an accredited representative of employees concerning wages, hours and other conditions of employment.

However, City of Fort Worth desires to provide fair and equitable treatment to all employees. Commensurate with its ability to pay, the City of Fort Worth wishes to pay wages, grant fringe benefits, and otherwise create conditions of employment similar to those given employees by comparable public jurisdictions and private business and industry in the Fort Worth area.

In order to insure that employees’ concerns about such issues are heard, the City encourages employee associations to meet with staff to discuss such issues. While the City retains the unilateral right to make all final decisions, meetings with associations provide a resource for staff to gain a "big picture" of employee concerns and issues.

Municipal employees participating in an employee organization or other association or union activities are required to conduct such activities on their own time and not during regularly assigned working hours with the following exceptions: 1) An association or union representative assisting a fellow employee in the presentation of a grievance may utilize such time during working hours as is essential for presentation of the grievance; however, preparation of grievances shall be on the employee's own time; and, 2) Employee association or union officials (president, vice-president, and/or secretary-treasurer) may meet on City time with departmental supervisors or the City Manager or his/her representative when such meeting times are fixed with the knowledge of the appropriate supervisory officials concerned. Departmental supervisors must be notified at least twenty-four (24) hours before the scheduled meeting time.

Supervisory employees carry responsibilities and duties in the management of the City's business which may be incompatible with their membership in an employee association or union. The City Manager recommends that supervisory employees not belong to any association or union in which non-supervisory employees are also members.

Solely as a convenience to City employees who may wish to belong to an employee association or labor organization, the City of Fort Worth deducts dues where specifically authorized to do so by the employee, and where deductions are in accord with the policy for payroll deduction established by the City Council. The procedure for initiating or canceling any such payroll deduction shall be as established by appropriate administration regulation. Initiation or cancellation of such payroll deduction will in no way affect an employee's job or standing as a City employee.

In interpreting this statement of policy, City officials and employees should realize that nothing herein should be construed as an abandonment or restriction of the City's governing policy with respect to employee conditions and the treatment of its employees. The provisions of the State statute, the City Charter, and the proper exercise of the authority of City-appointed officials and other supervisory employees shall in no way be restricted or impaired by provisions of this personnel policy.

Retaliation Complaints

[duplication of policies, therefore policy deleted] (2-10-06)