Pursuant to the Memorandum of Understanding (MOU) by and between the San Diego Police Department and the San Diego Police Officers Association, the definition of grievance is as follows:

"A grievance is a claim or charge of misunderstanding, or difference in interpretation, or violation of provisions of the Civil Service Rules, the Personnel Manual, this Memorandum of Understanding, or Management Policy or Regulations including but not limited to Administrative and Departmental Regulations, which affect wages, hours or other terms and conditions of employment."

     If you find this definition confusing, you are not alone. Often times, employees in the police department are confused over what constitutes a grievance. Essentially, if you believe that you are being harmed or treated unfairly, but have some other route of appeal or complaint, you do not have a viable grievance. As such, matters such as disciplinary actions and Equal Employment Opportunity violations do not constitute grievable offenses.

     In order to find a grievable offense, one must first isolate a particular city rule, Departmental Policy, or MOU provision as violated. It is important to realize that merely because a supervisor is mistreating you, it does not give rights to a grievance. The term "hostile work environment" is not a term used in grievances. This term is specifically reserved for use in harassment cases. As long as a supervisor is not creating a "hostile work environment" because of your affiliation with a protected class, such as your race, gender, sexual orientation, religious affiliation, disability, etc., your supervisor can treat you as poorly as he/she chooses.

     When you feel that the department has violated a city rule, department policy, or MOU provision, you have a number of options. On your own, you may file a grievance with your first line supervisor, and let that grievance run its course. As a POA member, you also have the ability to seek POA assistance in the grievance process. In order to seek POA assistance with your grievance, you must first speak with Bill Farrar, POA President, or Tom Rhodes, Chairman of the POA Legal Defense Committee. These gentlemen often are able to settle potential grievable issues without the filing of additional paperwork. This avenue benefits all involved. In instances where Bill or Tom are not able to informally settle the potentially grievable issue, they will often refer you to the Law Offices of Everett L. Bobbitt or a department representative for assistance with your grievance. It is important to remember that even if the POA chooses not to assistance you with your grievance, you may always file a grievance on your own.

     There are up to six steps in the grievance process, from first line supervisor all the way through the City Managers office, and, potentially, to the City Council. Generally, the highest level that grievances are taken by the POA is through the City Manager's office. At any step along the way, the grievant may choose to accept the offer made to settle the grievance, or may choose not to pursue the grievance.

     It is important to remember that, pursuant to the MOU, all grievances must be submitted to your supervisor within ten (10) working days of the occurrence of the grievance or when the grievant becomes aware of the grievable issue, which ever is later. If you fail to pursue the grievance within that time frame, you may forfeit your right to pursue the grievance. If you have any other questions regarding the grievance process, please consult Article 24 of the MOU, or either Bill Farrar or Tom Rhodes of the POA.