GRIEVANCES

Cape Coral Code of Ordinances ch. 2, art. III, div. 9

in effect

Cape Coral Code of Ordinances § 2-33.1 General.

§ 2-33.1 - General. (a) A grievance is a difference or dispute between a regular employee and the city regarding the meaning, interpretation or application of the express terms of this article. A regular employee may also grieve based on an allegation that he or she has been adversely impacted by the city's violation of its charter or other applicable law. However, dissatisfaction with performance evaluations shall not be considered grievances unless it is alleged that the evaluation is based on factors other than the employee's performance. (b) A regular employee who believes that any condition affecting the employee is unjust, inequitable, or a hindrance to effective operation of the city, shall not have the right to file a grievance as provided herein. Such employee may, however, request a meeting to discuss his or her complaint with the City Manager, the Director and/or his or her department head. (c) Grievances shall not include complaints related to disciplinary actions other than reprimands. Employees shall have the right to file grievances related to oral or written reprimands.

Cape Coral Code of Ordinances § 2-33.2 Applicability to employees covered by a collective bargaining agreement.

§ 2-33.2 - Applicability to employees covered by a collective bargaining agreement. An employee who is in a position that is in a certified bargaining unit covered by a collective bargaining agreement shall have the option of utilizing the grievance procedure prescribed herein or the collective bargaining agreement grievance procedure, but such employee cannot use both grievance procedures.

Cape Coral Code of Ordinances § 2-33.3 Abandonment of grievance.

§ 2-33.3 - Abandonment of grievance. The following shall constitute abandonment of a grievance: (a) Failure of the employee and/or his or her duly authorized representative to take any affirmative action as required hereunder or failure to appear at the Grievance Committee hearing or any continuances thereof and/or any failure to show good and compelling cause why such hearing should be continued. (b) The voluntary resignation from city employment by an employee during the pendency of a grievance. Such employee shall not thereafter benefit from any later settlement of any individual or group grievance which is in any way related to the abandoned grievance.

Cape Coral Code of Ordinances § 2-33.4 Step one (initiation).

§ 2-33.4 - Step one (initiation). All grievances shall be initiated by the employee submitting to his or her immediate supervisor a written statement detailing the employee's complaint. The grievance shall be submitted on a form approved by the Director. Grievances must be initiated within ten working days of the date of the occurrence which has caused the grievance or within ten working days from when the employee becomes aware of facts giving rise to the grievance. In the event an employee fails to initiate a grievance within the time period specified herein, then such grievance shall be barred. The employee's immediate supervisor shall make every reasonable effort to resolve the grievance. The immediate supervisor shall respond in writing to the employee within ten working days from his or her receipt of the grievance. The immediate supervisor's response shall be on a form approved by the Director and shall detail what, if any, action has or will be done to resolve the grievance.

Cape Coral Code of Ordinances § 2-33.5 Step two.

§ 2-33.5 - Step two. If the grievance is not resolved by the employee's immediate supervisor to the employee's satisfaction within ten working days, the employee shall have the right to request that the grievance be reviewed by the department head. This request shall be in writing on a form approved by the Director and shall be received by the department head no more than ten working days from receipt by the employee of the response of the immediate supervisor. Failure of the employee to submit such request to the department head within the required time period shall constitute abandonment of the grievance unless good cause for such failure is established by the employee. The department head or his or her designee shall make every reasonable effort to resolve the grievance and shall respond in writing to the employee within ten working days. The response of the department head or his or her designee shall be on a form approved by the Director and shall detail what, if any, action has or will be done to resolve the grievance.

Cape Coral Code of Ordinances § 2-33.6 Step three.

§ 2-33.6 - Step three. If the grievance is not resolved by the department head or his or her designee to the employee's satisfaction within ten working days, the employee shall have the right to request that the grievance be reviewed by the City Manager or his or her designee. This request shall be in writing on a form approved by the Director and shall be received by the City Manager's office no more than ten working days from receipt by the employee of the response of the department head or his or her designee. Failure of the employee to submit such request to the City Manager within the required time period shall constitute abandonment of the grievance unless good cause for such failure is established by the employee. The City Manager or his or her designee shall make every reasonable effort to resolve the grievance and shall respond in writing to the employee within 20 working days. The response of the City Manager or his or her designee shall be on a form approved by the Director and shall detail what, if any, action has or will be done to resolve the grievance. Employees who do not have regular status shall not have the right to proceed beyond this step with any grievance.

Cape Coral Code of Ordinances § 2-33.7 Grievance committee.

§ 2-33.7 - Grievance committee. If the grievance is not resolved by the City Manager to the employee's satisfaction within ten working days, the employee shall have the right to request that a Grievance Committee be convened. Only those employees who have attained regular status may request a Grievance Committee hearing. This request shall be in writing on a form approved by the Director and shall be submitted by the employee to the Director no more than ten working days from receipt by the employee of the response of the City Manager. Failure of the employee to submit such request to the Director within the required time period shall constitute abandonment of the grievance unless good cause for such failure is established by the employee.

Cape Coral Code of Ordinances § 2-33.8 Powers of grievance committee.

§ 2-33.8 - Powers of grievance committee. The Grievance Committee shall have the power to order relief concerning whether a condition affecting the employee is unjust, inequitable, or a hindrance to effective operation, subject to the following limitations: (a) The Grievance Committee shall not have the ability to impose, modify, or rescind any disciplinary action taken with respect to the employee who has filed the grievance or any other employee whose conduct may be brought into question, except that the Grievance Committee may rescind or modify a reprimand if the imposition of that specific reprimand is the subject of the employee's grievance. (b) The Grievance Committee shall not have the power to alter discretionary management decisions which are not directed toward a specific employee such as departmental structure, position classification, pay grades, salary ranges, and the like. However, the Grievance Committee may address: (1) Whether an employee was wrongfully denied a pay raise for reasons not related to job performance; (2) Whether an employee's performance evaluation is based on a factor other than job performance.

Cape Coral Code of Ordinances § 2-33.9 Composition of grievance committee.

§ 2-33.9 - Composition of grievance committee. The Grievance Committee shall consist of five persons selected from a list consisting of city residents as follows: (a) Eligibility. All residents of the City of Cape Coral over the age of 18 years shall be eligible for service on the Grievance Committee. Eligible residents who desire to serve on the Grievance Committee shall apply to the City Clerk stating their interest and request that their names be added to the list established by City Council and maintained by the Director for this purpose. (b) List. The Director shall maintain the list of residents who have been approved by City Council to serve on the Grievance Committee. This list shall be updated by the Director at least bi-annually. The Director may, in his or her discretion, establish a reasonable time period during which additional names may be added to the Grievance Committee list. Prior to each update of the list, the Director shall provide notice to all city residents of the opportunity to serve on the Grievance Committee and of the manner in which interested city residents may have their names added to the Grievance Committee list. Such notice may be provided by publication of the necessary information in a newspaper of general circulation. (c) Roster. Whenever a regular employee requests a hearing before the Grievance Committee, the Director or his or her designee shall, within ten days from receipt of such request, provide to the employee and to the City Manager or his or her designee the Grievance Committee list. The following criteria shall govern the selection of names for the list: (1) All persons on the Grievance Committee list shall meet the requirements established in § 2-57 of the City of Cape Coral Code of Ordinances. (2) No person named on the roster shall be related by marriage or consanguinity to the employee requesting the Grievance Committee hearing. (d) Selection. A Grievance Committee shall be composed of five members chosen from the list established by the City Council. The employee shall select two members from the list, the City Manager or his or her designee shall select two members, and the four appointed will select the fifth who shall serve as chairperson. (e) Disqualification. Persons selected for service on the Grievance Committee may be disqualified as follows: (1) Voluntary disqualification. a. Upon notification of selection for service on the Grievance Committee, a person selected shall notify the Director if any reason exists which renders the person ineligible for service. Such reasons may include but are not limited to, unavailability, bias in favor of or prejudice against one of the parties (such as a family or close personal relationship with one of the parties or one of their representatives), personal interest in the outcome of the grievance, or personal knowledge of the subject matter of the grievance (regardless of whether the person is or could be a material witness for or against one of the parties in the particular grievance). b. If the Director is notified that a person selected for service is ineligible based on the foregoing, then the Director shall provide to the person and to the City Manager or his or her designee the Grievance Committee list. The person who selected the disqualified member shall select another member from the list. If the Chairperson is the disqualified member, then the other four members of the Grievance Committee shall select a fifth person as chairperson. When a person has been substituted on the Grievance Committee for the person disqualified, the Director shall proceed with the scheduling of the Grievance Committee hearing. c. The Director shall notify the employee and the City Manager in writing of the date and time of the Grievance Committee hearing and of the names of the five persons who will comprise the Grievance Committee. (2) Involuntary disqualification. a. Upon receipt of the foregoing notification from the Director, the employee and the City Manager or his or her designee shall have an opportunity to advise the Director of any perceived bias, prejudice, conflict of interest, or other reason which might make such person unable to render a fair and impartial decision concerning the grievance. If the Director is notified of such a concern by either the employee or the City Manager or his or her designee, then the Director shall advise the party that selected the member in question to select another member from the list to be designated as alternate. b. The Grievance Committee shall then proceed with the hearing as originally scheduled except that the first order of business shall be the consideration of the allegation of perceived bias, prejudice, conflict of interest, or other concern. Both parties shall be given the opportunity to state their respective positions concerning the allegation. The Grievance Committee shall then vote on whether the person against whom the allegation has been raised should be disqualified from service on the Grievance Committee. If the vote results in a finding of no disqualification, then the hearing on the grievance shall proceed with the five originally selected members. If, however, the vote results in a finding of disqualification, then the person disqualified shall step down from the Grievance Committee and the alternate shall be substituted therefor. The hearing on the grievance shall then proceed as originally scheduled.

Cape Coral Code of Ordinances § 2-33.10 Conduct of grievance committee hearing.

§ 2-33.10 - Conduct of grievance committee hearing. (a) The Chairperson shall conduct the hearing and make evidentiary rulings. (b) Either party may bring an attorney to assist or advise him or her. (c) In presenting its case, each party shall have the right to present evidence relevant to the issues, to cross examine opposing witnesses, to impeach any witness regardless of which party first called him or her to testify, and to rebut the evidence presented against it. (d) The order of presentation of evidence shall be as follows: (1) Each party may, but is not required to, present opening statements; (2) The employee, as the party with the initial burden of proof, shall present his or her evidence first; (3) The city shall then present its evidence; (4) The employee shall have the opportunity to present rebuttal evidence; and (5) Each party may, but is not required to, present closing arguments. (e) All testimony shall be under oath or affirmation. Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. All other evidence of the type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible in the courts of Florida. Hearsay evidence may be introduced and used for supplementing or explaining other evidence, but it shall not be sufficient in itself to support a finding by the Grievance Committee unless it would be admissible over objections in a civil action. (f) At the conclusion of the hearing, the Chairperson shall inform the employee when the decision on the employee's grievance will be forthcoming and how the employee will be notified. (g) In rendering its decision, the Grievance Committee shall determine whether, based on the evidence presented, the grievance is valid. The evidentiary standard to be applied by the Grievance Committee shall be clear and convincing evidence. (h) The Grievance Committee shall provide a final decision of the Grievance Committee to the parties within ten working days of the hearing. The final decision shall set forth the Grievance Committee's findings concerning the validity of the grievance, the reason(s) therefor, and what, if any, relief is ordered. The final decision of the Grievance Committee shall be binding on both parties. (i) Any party who is adversely affected by the final decision of the Grievance Committee may apply to the local circuit court for judicial relief within 30 days after rendition of the final decision of the Grievance Committee. The proceedings in circuit court shall be commenced by filing of a petition for writ of certiorari.

Source: City of Cape Coral, Florida, Code of Ordinances, City Charter and Land Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/fl/cape_coral/codes/code_of_ordinances?nodeId=CH2AD_ARTIIIPERURE_DIV9GRFetched: 11/4/2026