AGENDA ITEM EXECUTIVE SUMMARY
ITEM TITLE*
title
Amend Ordinances That Regulate Grievance Procedures For Probationary Employees
presenter
RESPONSIBLE STAFF, TITLE, DEPARTMENT*
Anita Badrock, Director, Human Resources Development Department
STAFF RECOMMENDATION*
Staff recommends that Council amend Sections 14-42, 14-99, 14-125, and 14-127 of the Town Ordinance.
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ACTION/DECISION POINTS*
Council must approve amendments to Sections 14-42, 14-99, 14-125, and 14-127 of the Town Ordinance.
LEGISLATIVE CONTEXT*
Town Council must approve any changes to the Code of Ordinances.
BACKGROUND AND CONTEXT*
In 2015, the Council amended the Town’s Personnel Ordinance to require that probationary employees be covered by the Town’s disciplinary and grievance process. The intent of this action was to assure that probationary employees would be willing to report allegations of harassment, discrimination, or retaliation without fear of reprisal.
Employees are protected under federal law from any form of harassment, discrimination, or retaliation for reporting these types of violations, regardless of their employment status or length of employment. The Town investigates these types of allegations under Equal Employment Opportunity guidelines.
The Town’s disciplinary and grievance processes require a significant amount of Town resources and are typically reserved in local governments for employees who have completed a probationary period and demonstrated their abilities to perform their job duties to an acceptable standard. The purpose of a probationary period is to train and evaluate an employee’s performance and determine if they can meet acceptable standards. If they cannot, a probationary period allows the organization to sever the employment relationship without utilizing the full disciplinary and grievance process available to employees who have completed a probationary period.
The proposed Town Ordinance amendments allow unsatisfactory performance of probationary employees be resolved by a determination by the Human Resource Development Department Director, the employee’s Department Director, and the Town Attorney or similar legal advisor. This modification balances the Town’s interest in protecting probationary employees from capricious dismissal with the Town’s organizational needs to fill positions with employees who can meet acceptable job standards.
TRADEOFFS, ALTERNATIVES, IMPACTS
This modification will align the Town’s probationary process with organizational best practices and Town values.
ATTACHMENTS
Ordinance
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