SECTION EIGHT - DISPUTE RESOLUTION, APPEAL AND GRIEVANCE PROCEDURE
A. Basis for Grievance and Appeal Process
1. Purpose: It is the intent of this section to provide for the reasonable settlement of certain disputes between an employee and the County. All employees and supervisory personnel should, however, make every possible effort to settle differences without utilizing the procedures contained in this section
2. Any County employee that has completed an orientation period may file a grievance as defined and deemed permissible in the San Juan County Personnel Policies and Procedures.
3. No prejudicial, discriminatory, or retaliatory action may be taken, at any time, by the County against any person for her/her participation in or statements made in the investigation or settlement of a grievance. This in no way is meant to limit the right of the County to take appropriate disciplinary measures for an employee who has provided false statements or accusations.
4. A grievance shall be deemed abandoned if not filed and processed within the time limitations contained in the subsections Eight B., C., and D below.
B. Suspension and Transfer Appeal Procedure
1. Step 1 – Suspension hearing: The employee who has been recommended for suspension shall within five (5) working days, not including the day of receipt of notice recommending suspension, request in writing a hearing before his/her department head/elected official with a copy sent to the Human Resources Director. If an employee does not request a hearing, the department head/elected official shall issue written notice to the employee and Human Resource Director imposing or not imposing the suspension without a hearing.
If an employee does not request a hearing, and if he or she so desires, he/she may designate a representative to attend, but not participate in the pre-hearing, and the employee shall provide to the Human Resources Director the name of the employee’s representative at least one (1) working day prior to the pre-hearing. After the employee has had the opportunity to meet with his/her department head/elected official and explain his/her side of the matter, the department head/elected official shall promptly, but no later than five (5) working days after the hearing, render a decision in writing and forward a copy of the decision to the Human Resources Director. The decision shall include a statement as to the reasons the suspension of transfer was or was not imposed.
2. Step 2 – Appeal: An employee, who after a hearing and written decision of his/her department head/elected official has been deemed suspended and does not agree with this written decision shall within five (5) working days of receipt of the department head/elected official’s written decision file a written request with the Human Resources Director for an appeal before an independent Hearing Officer. The Human Resource Director will forward the request to the Hearing Officer and the employee’s department head/elected official, and others as needed.
While the employee may choose to have a representative attend a hearing with them for consultation, the Hearing Officer may require the employee to present their appeal, including but not limited to presenting any evidence, testimony or answering questions directly, and may limit or restrict the employee’s representative from presenting the appeal, including but not limited to presenting evidence, testimony or answering on behalf of the employee.
C. Demotion and Involuntary Termination Appeal Procedure
1. Step 1 – Demotion/Termination Hearing: The employee who has been recommended for demotion or termination shall within five (5) working days of receipt of notice recommending demotion or termination, request in writing a hearing before his/her department head/elected official with a copy of the request sent to Human Resources Director. Failure on the part of the employee to request a hearing in writing before his/her department head/elected official or to appear at a scheduled per-hearing will serve as a waiver of the employee’s grievance. If an employee has waived a hearing, the department head/elected official shall issue a written notice to the employee and Human Resource Director imposing or not imposing the demotion or termination.
If an employee requests a hearing, the employee will be given at least three (3) working-days’ notice of the hearing date, time and location. The hearing shall be conducted by department head/elected official or his/her respective designee. If desired by the employee, he/she may designate a representative to attend but not participate in the hearing, and the employee shall provide to the Human Resources Director the name of the employee’s representative at least one (1) working day prior to the hearing. Attendees of the hearing shall include the employee and his/her representative, the department head/elected official or his or her respective designee, a management representative, and a representative of the Human Resources Office. The hearing will not follow formal rules of evidence and will be conducted in an informal manner. The management representative shall summarize the disciplinary notice. The employee may then respond to all specific charges.
The department head/elected official will promptly, but no later than five (5) working days after the hearing, render a decision in writing and forward to the employee and the Human Resources Director a copy of the decision. The decision shall include a statement as to the reasons the demotion or termination was or was not imposed.
2. Step 2 – Appeal: An employee, who after a hearing and written decision of his/her department head/elected official has been deemed demoted or terminated and does not agree with this written decision shall within five (5) working days of receipt of the department head/elected official’s written decision file a written request with the Human Resources Director for an appeal before an independent Hearing Officer. The Human Resource Director will forward the request to the Hearing officer and the employee’s department head/elected official, and others as needed.
While the employee may choose to have a representative attend a hearing with them for consultation, the Hearing Officer may require the employee to present their appeal, including but not limited to presenting any evidence, testimony or answering questions directly, and may limit or restrict the employee’s representative from presenting the appeal, including but not limited to presenting any evidence, testimony or answering on behalf of the employee.
D. Grievance Procedure for the Application of the Express Terms of these Policies and Procedures which Deprive an Employee of Accrued and/or Existing Pay and/or Benefits or that is Related to any Adverse Action Taken against Him or Her for Reporting Governmental Waste or Legal Violations.
1. Step 1: An employee that has completed his/her orientation period, who believes that he/she has a grievance relating to the application of the express terms of these policies and procedures which deprive him/her of accrued and/or existing pay and/or benefits or that is related to any adverse action taken against him or her for reporting governmental waste or legal violations in violation of Section Seven ( C ) shall reduce the grievance to writing and submit it to the employee’s department head, with a copy sent to the Human Resources Director, within ten (10) working days of the alleged violation. The grievance shall state the violation and cite the policies and procedures section. Upon receipt of the grievance, the department head/elected official will provide the employee an opportunity to meet him/her and will promptly respond to the grievance in writing. If desired by the employee, he/she may designate a representative to attend but not participate in the hearing, and the employee shall provide to the Human Resources Director the name of the employee’s representative at least one (1) working day prior to the hearing. The department head/elected official’ grievance response must be consistent with the County Human Resource systems programs procedures and practices as established by these Policies and Procedures and/or by the Human Resource Department.
2. Step 2: If the grievance is not settled at Step 1, the employee may file within five (5) working days of receipt of the department head/elected official decision a written request to the Human Resource Director for review before an independent Hearing Officer. The Human Resource Director will forward the request to the Hearing Officer and the department head/elected official.
While the employee may choose to have a representative attend a hearing with them for consultation, the Hearing Officer may require the employee to present their grievance, including but not limited to presenting any evidence, testimony or answering questions directly, and may limit or restrict the employee’s representative from presenting the grievance, including but not limited to presenting evidence, testimony or answering on behalf of the employee. The employee may not raise any issue in the Step 2 Grievance that he or she did not raise in the Step 1 Grievance.
E. Employee Complaint Procedure for Issues Not Grievable, Not Appropriately under the Jurisdiction of an Outside Entity, and Not Covered by a Different Appeal Procedure in the San Juan County Personnel Policies and Procedures.
For matter not grievable under these Policies and Procedures, or for which no other appeal procedure is provided for in these Policies and Procedures, or for matter not under the exclusive jurisdiction of an outside agency, an employee that has completed his/her orientation period may submit a written complaint to his/her supervisor for consideration. The supervisor shall promptly respond to the employee’s complaint in writing. If the issue is not settled at this level, or if the employee’s complaint is about his/her supervisor, the employee may submit the written complaint to the next level of supervision in the department for consideration. The procedure may continue in this manner until the issue is settle and/or the employee submits the written complaint to his/her department head/elected official for consideration. The department head/elected official shall promptly respond to the employee’s complaint in writing and forward a copy of this response to the Human Resources Director. The decision of the department head/elected officials or his/her designee will be final and not reviewable by an independent Hearing Officer.
All complaint responses must be consistent with County policy, procedures, and practices. Additional if the complaint is related to human resource matters, all complaint responses must be consistent with County Human Resource systems, programs, procedures, and practices as established by these Policies and Procedures and/or by the Human Resource Department.
