§ 86-484. Grievances.

(a)

Definition. A grievance is a complaint that has not been resolved. A grievance is caused in most cases by the inability or unwillingness of individuals to adapt to one or more aspects of the work environment such as working conditions. The failure to adapt can be the fault of the employee or the supervisor or perhaps both.

(b)

Purpose of grievance procedure. An awareness of the underlying cause of grievances and prompt resolution of these causes is mandatory for effective, harmonious employee relations and effective performance of an organization. A grievance procedure has been established to effect this purpose.

(c)

General provisions; rights of employees. All county employees have the right to use the grievance procedure without fear of reprisal, restraint, coercion or discrimination. Grievances shall be settled equitably, fairly and promptly.

(1)

Employees may be represented in presentation of a grievance at all levels of the procedure by a person of his choice, who may be any other employee. In the event the grievance advances to the last step, the employee may have any person of his choice represent him.

(2)

An employee and his representative shall be allowed time off from regular duties with pay for attendance at scheduled meetings under the grievance procedure with the specific permission of their respective supervisors.

(3)

If the grievant fails to submit his grievance to the next higher step within the prescribed time limits, it shall be assumed that the grievance has been satisfied.

(4)

Should a decision not be rendered within the prescribed time limits, the grievant may immediately appeal to the next step.

(5)

Nothing in the grievance procedure shall be construed to prevent discussions or meetings to clarify facts in the case or resolve the grievance.

(d)

Steps of grievance procedure.

(1)

Step I. The employee shall present the grievance to his immediate supervisor, either orally or in writing. The grievance must be presented within ten calendar days of its occurrence or knowledge of its occurrence, or the date the employee could reasonably be expected to have had knowledge of its occurrence. The supervisor shall promptly meet and discuss the grievance with the employee and his representative, if any, and reply in writing within ten calendar days. If the employee is not satisfied with the reply, he may then proceed to step II.

(2)

Step II. If the grievance is not settled in step I, it shall be submitted in writing within ten calendar days after the receipt of the step I answer to the division director. The division director shall promptly meet and discuss the grievance with the employee and his representative, if any, and answer the employee in writing not later than ten calendar days after receiving the grievance, unless a longer period is mutually agreed upon. If the employee is not satisfied with the reply, he may then proceed to step III.

(3)

Step III. If the grievance is not settled in step II, it shall be submitted in writing within ten calendar days after the receipt of the step II answer to the department director. The department director shall promptly meet and discuss the grievance with the employee and his representative, if any, and, within ten calendar days after receiving the grievance, unless a longer period is mutually agreed upon, shall render a written decision which shall state the problem, the applicable policy or regulation and the reasons for applying the policy and the decision. Copies of the department director's decision shall be forwarded to the employee, immediate supervisor, division director and the human resources director. If the employee is not satisfied with the reply, he may then proceed to step IV.

(4)

Step IV. If the grievance is not settled in step III, it shall be submitted in writing within ten calendar days after the receipt of the step III answer to the county manager. The county manager or his designated representative shall review the grievance and may at his discretion hold a hearing to secure additional testimony that he may believe to be necessary. The county manager, if he deems it appropriate, may ask the personnel board to review the facts of the case and make a recommendation to him. The county manager shall reply to the grievance within 15 calendar days of the receipt of the grievance or ten calendar days after the recommendation of the personnel board, unless a longer period is mutually agreed upon. The decision of the county manager shall be final, and the employee shall have no further right of administrative appeal within the county governmental structure.

(Ord. No. 81-19, § 15.04, 9-3-81; Ord. No. 2017-27, § I, 11-16-17; Ord. No. 2018-16, § I, 12-4-18)