Chapter 3A.11
GRIEVANCE PROCEDURE

Sections:

3A.11.010    Grievance -- Definition -- Limitations.

3A.11.015    Who may file a grievance.

3A.11.020    Exclusive remedy.

3A.11.025    Grievance procedures.

3A.11.010 Grievance -- Definition -- Limitations.

A grievance is defined as a dispute or disagreement raised by an affected employee concerning the interpretation or application of the specific provisions of these rules, excepting those matters excluded by any terms of these rules from the grievance procedure.

(Added Ord. 84-129, § 2, Nov. 21, 1984; Amended Ord. 97-089, § 1, Oct. 8, 1997, Eff date Oct. 19, 1997).

3A.11.015 Who may file a grievance.

Any classified employee may file a grievance, except that probationary employees may not grieve dismissal and trial service employees may not grieve reversions.

(Added Ord. 84-129, § 2, Nov. 21, 1984).

3A.11.020 Exclusive remedy.

A classified employee’s exclusive remedy for a grievance shall be the grievance process described in this chapter, unless some other process is established by applicable collective bargaining agreement.

(Added Ord. 97-089, § 2, Oct. 8, 1997, Eff date Oct. 19, 1997).

3A.11.025 Grievance procedures.

The following procedures govern the conduct of the grievance process for classified employees. To be valid, a grievance must state in writing the article and section of this title that is allegedly violated, the nature of the grievance and the requested remedy. If an employee fails to adhere to the time limits established in the steps below, the employee shall have waived the grievance. If an employee does not receive a response within the number of working days outlined in the steps below, the employee may proceed to the next step in the grievance process. The time limit specified in any of the steps may be waived by mutual agreement.

Step I. An employee shall have 10 working days from the occurrence on which the alleged grievance is based to present the grievance in writing to the employee’s immediate supervisor. A grievance meeting shall be held within 10 working days of the supervisor’s receipt of the grievance. The supervisor shall provide the employee with a written response within 10 working days of the grievance meeting. A copy of the written response will be provided to the director.

Step II. In the event the grievance is not settled satisfactorily at step I, the employee shall have 10 working days from the day of the step I response to submit the written grievance to the employing official. All further actions concerning the grievance shall be limited to the matters specified in the grievance submitted at step I. The employing official will review the grievance and will meet with the employee and supervisor within 10 working days of receipt of the grievance. The employing official will respond in writing within 10 working days of the meeting. A copy of the written response will be provided to the director.

Step III. In the event the grievance is not settled satisfactorily at step II, the employee shall have 10 working days from the date of the employing official’s response to submit a written grievance to the director. The director will investigate the grievance, make a written determination, and transmit such determination to the grievant and the employing official by certified mail, unless other arrangements have been made, within 20 working days of receipt of the written grievance.

Step IV. If the employee disagrees with the director’s determination and desires a hearing on the grievance before the personnel hearings examiner, the employee shall submit a written request for hearing to the director within five working days from receipt of the director’s determination. The director will provide copies of the grievance and the county’s responses, and related documents, to the personnel hearings examiner within five working days following receipt of the request for hearing. The personnel hearings examiner shall conduct a hearing on the grievance within 20 working days following receipt of the grievance unless a later date is set by the personnel hearings examiner based on agreement of the parties or a finding of good cause. Failure of the personnel hearings examiner to timely convene a hearing under these rules shall not affect the rights of the parties. Proceedings will be in accordance with chapter 2.04 SCC.

(Added Ord. 84-129, § 2, Nov. 21, 1984; Amended Ord. 97-089, § 3, Oct. 8, 1997, Eff date Oct. 19, 1997; Amended by Ord. 13-070, Oct. 9, 2013, Eff date Oct. 20, 2013).