Policy Text
CATEGORY DATE ADOPTED LAST REVIEW
3 01/24/2011 07/01/201 8
TUSTIN POLICE DEPARTMENT GENERAL ORDERS
______ _________________
1006 - Grievance Procedu re 1 POLICY 1006 GRIEVANCE PROCEDURES
1006.1 PURPOSE AND SCOPE
It is the policy of this department that all grievances be handled quickly and fairly without
discrimination against employees who file a grievance , whether or not there is a basis for the
grievance. Our Department’s philosophy is to promote free verbal communication between
employees and supervisors.
1006.1.1 ACCREDITATION STANDARDS
This section pertains to the following CALEA standards: 22.4.1 , 22.4.2 , 22.4.3 , 25.1.1, 25.1.2,
25.1.3
This section pertains to the following Standard Operating Procedures: N/A
1006.1. 2 ELIGIBILITY
A grievant is a regular employee who is personally affected by an act or omission that occurred
no more than thirty (30) calendar days prior to the initiation of t he grievance, provided that the act
or omission comes within the definition of “grievance” as described below.
1006.1. 3 GRIEVANCE DEFINED
A grievance is any difference of opinion or dispute that:
a) Is job related;
b) Is wholly or partially within the provin ce of the City to rectify or remedy;
c) Concerns terms or conditions of employment ;
d) Involves the interpretation, application, or alleged violation of the Department Policy
Manual or Standard Operating Procedures Manual or the City of Tustin Personnel Rules
or a current memorandum of understanding (MOU) between the City and a recognized
employee organization representing City employees;
e) Is not subject to any other City dispute resolution process or procedure that is provided by
statute, ordinance, resolution or agreement.
Grievances may be brought by an individually affected employee or by a group representative.
Specifically outside the category of grievance s are complaints related to alleged acts of sexual,
racial, ethnic , or other forms of unlawful harassm ent, as well as complaints related to allegations
of discrimination on the basis of sex, race, religion, ethnic background and other lawfully
protected status or activity , which are subject to the complaint options set forth in Policy Manual §
328, and per sonnel complaints consisting of any allegation of misconduct or improper job
performance against any department employee that, if true, would constitute a violation of
department policy, federal, state or local law set forth in Policy Manual §1020.
CATEGORY DATE ADOPTED LAST REVIEW
3 01/24/2011 07/01/201 8
TUSTIN POLICE DEPARTMENT GENERAL ORDERS
______ _________________
1006 - Grievance Procedu re 2 1006. 2 EXCLUSIONS FROM THE GRIEVANCE PROCEDURE
The following matters are excluded from the definition of grievance:
a) Issues that are subject to meeting and conferring, such as requests for changes in wages,
hours, or working conditions, including any impasse o r dispute in the meet and confer
process or matter within the scope of representation;
b) Requests for changes in the content of employee evaluations or performance reviews,
verbal or written warnings, reprimands or counseling memos;
c) Challenges to a reclassif ication, layoff, transfer, denial or reinstatement, or denial of a step
or merit increase;
d) Challenges to any disciplinary action;
e) Challenges to examinations or appointment to positions.
1006. 3 PROCEDURE
Except as otherwise required under a collective b argaining agreement, if an employee believes
he or she has a grievance as defined above, then that employee shall observe the following
procedure:
a) Attempt to resolve the issue through informal discussion with the immediate supervisor ;
b) If, after a reasona ble amount of time, generally seven days, the grievance cannot be
settled by the immediate supervisor, the employee may request an interview with the
Bureau Commander of the affected bureau ;
c) If, after a reasonable amount of time, generally seven days, a successful resolution is not
found with the Bureau Commander, the employee may request a meeting with the Chief
of Police ;
d) If the employee and the Chief of Police are unable to arrive at a mutual solution, then the
employee shall submit a written statement o f the grievance and deliver one copy to the
Chief of Police and another copy to the immediate supervisor , and include the following
information:
1. How the grievant is/was adversely affected by a specific act or omission which
gave rise to the alleged violat ion, misinterpretation, or misapplication;
2. The specific provisions of the policies, rules or regulations that were violated ;
3. The date, or dates on which the violation allegedly occurred;
4. What remedy or solution is being sought by this grievance ;
5. The docume nts, witnesses, or other evidence that support the grievance;
6. The signature and identification of the grievant;
7. The person, if any, the grievant has chosen to be his/her representative;
The Chief of Police will receive the grievance in writing. The Chief of Police will review and
analyze the facts or allegations and respond to the employee within ten ( 10) working days. The
response will be in writing, and