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<br />._Iit. '-...I <br /> <br />TUESDAY <br /> <br />JANUARY 9, 1979 <br /> <br />9-7.5 Fifth Step - If the reply from the fourth step meeting is <br />not acceptable to the grievant, he/she may submit the grievance to <br />a fifth step panel hearing. The request for a fifth step panel <br />hearing shall be indicated by the employee on the appropriate form <br />and submitted to the City Manager within ten (10) working days of <br />the fourth step reply. <br /> <br />The panel shall be selected in the following manner: <br /> <br />An ad hoc panel of three (3) shall be chosen to hear the <br />grievance at the Fifth Step, the members of which panel <br />shall be selected from the City's administrative staff, <br />its operational staff, and nonmanagement employees. No <br />person involved in any earlier phase of the particular <br />grievance may serve on the panel. <br /> <br />The City Manager shall request a noninvolved and dis- <br />interested Department Head to supply within five (5) <br />working days to the City Manager and grievant the <br />names of ten (10) prospective panel members to hear <br />the grievance. <br /> <br />The makeup of the prospective panel list shall include <br />employees from each of the organizational categories <br />as listed above. The panel shall be composed of three <br />(3) members and shall be chosen in the following manner: <br />one (1) member shall be selected by the City Manager, <br />and one (1) member by the grievant. The members chosen <br />in this manner shall choose the third panel member from <br />the prospective list. <br /> <br />Panels chosen in compliance with these requirements shall <br />be deemed to be impartial. In the event that agreement <br />cannot be reached as to the final panel member, the Circuit <br />Court Judge shall select such third panel member. <br /> <br />The full panel shall then select its panel chairman, set <br />the time for the hearing and notify both parties. The <br />hearing shall be held no later than ten (10) working days <br />after the date on which the last panel member has been <br />selected. The grievant may have present at this meeting <br />representatives of his/her choice. Copies of the grievance <br />form shall be sent by the City Manager to the panel members. <br /> <br />The majority decision of the panel shall be final and binding <br />in all its determinations. <br /> <br />The panel has the responsibility to interpret the application <br />of City policies and procedures in the case. It does not <br />have the prerogative to formulate or to change policies or <br />procedures. <br />