Admin order 44-11-05 - Laserfiche WebLink

Home Browse Search

Defense and Indemnification Policy APPM Section 16.1 The City of Eugene acknowledges its legal responsibility to indemnify and defend its officers, employees, and agents to the extent prescribed by ORS 30.285 and 30.287. The City shall indemnify and defend its officers, employees, and agents against demands, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of duty, unless the City determines that the acts or omissions alleged involve malfeasance by the officers, employees or agents, or willful or wanton neglect of duty. Persons provided with defense and indemnity by the City shall cooperate fully with the City and counsel. If a person fails to cooperate fully or acts in any way that prejudices the defense of a claim or demand, the City may at any time refuse to provide, or may withdraw defense or indemnity. Complaint Procedure APPM Section 11.4 (Revised 11101198) If an employee has a job - related complaint or problem or a dispute about the interpretation or administration of a City policy or procedure, he/she may use the following complaint procedure to resolve the issue. This procedure may be used by any non - represented employee who is not covered by a collective bargaining agreement for any employment action taken or by represented employees on matters not covered by his /her collective bargaining agreement. A union- represented employee should use the grievance procedure outlined in his /her union contract for any dispute related to the administration or application of the contract. The City believes it is desirable to resolve problems and issues informally. Before beginning a formal complaint process, an employee should discuss the issue with his /her immediate supervisor within the (10) days of the event. If a problem relating to an employment action cannot be resolved informally, complaints should be processed in the following manner: Step 1 If the attempt to resolve the problem informally is unsuccessful, the employee(s) may submit the complaint in writing to his /her immediate supervisor within twenty (20) days of the event, or of when the employee should reasonably have had knowledge of the event. The written notice shall include the facts upon which the complaint is based, the provision of City policy he /she believes has been violated, and the remedy sought. The supervisor shall respond to the complaint in writing as quickly as possible, but no later than ten (10) days after the complaint is submitted. Step 2 If after ten (10) days from receipt of the immediate supervisors reply, the complaint remains unresolved, the employee may submit written notice along with all pertinent written information including a statement of the complaint and relevant facts, the specific provision(s) of the City policy allegedly violated, and a remedy sought to the Division Manager or his/her designee. The Division Manager or his/her designee should meet with the employee within ten (10) days of the receipt of the written notice to review the facts of the complaint. The Division Manager or his /her designee shall respond to the employee in writing within ten (10) days of the meeting. Step 3 If the complaint is not resolved, within ten (10) days following the response at Step 2, the complaint, along with all pertinent written information, may be submitted to the Department Director with a copy to the Human Resources Manager, The Department Director or his /her designee and the Human Resources Manager or his/her designee should meet with the employee with ten (10) days of the receipt of the written notice. The Department Director shall render a decision within ten (10) calendar days of the meeting. Step 4 If the Department Director's decision does not resolve the complaint, it may be submitted, along with all pertinent written information, to the City Manager within ten (10) calendar days following the Step 3 response. The City Manager may choose to hear the complaint, may designate another City manager to hear the complaint, or may refer the complaint to an independent neutral third party if appropriate. The City Manager or his /her designee should meet with the employee within thirty (30) days of the receipt of the written notice to review the facts of the complaint. The City Manager or his /her designee shall respond to the employee in writing within ten (10) days of the meeting. The decision of the City Manager is final. If a non - represented employee is filing a complaint related to a discharge or a discipline which deprives the employee of something to which he /she has a property right (e.g. suspension or demotion), the employee is entitled to request a full hearing and representation at the Step 4 level of the complaint. Any or all time limits specified in the complaint procedure may be waived by mutual consent of the parties. The employee or the City may request the extension of time. Such request will not be arbitrarily denied. Failure to submit the complaint in accordance with these time limits without a waiver will constitute abandonment of the complaint. Failure by the City to submit a reply within the specified time without a waiver will allow the employee to move the complaint to the next step. IMPORTANT NOTE If an employee's complaint involves an alleged violation of the City's anti- harassment/anti- discrimination policy, anti- violence policy, or an allegation of supervisory misconduct, the employee should contact Human Resources immediately.