11.1 Policy. Subject to the limitations in Rule 11.3 and Rule
13.4, it is the policy of the Board to assure all employees of the County,
through the use of a formalized procedure, a method and procedure whereby they
may have their grievances considered as fairly and as rapidly as possible
without fear of reprisal. The following procedures will apply equally to a
group grievance as well as to an individual employee. Grievances involving
suspensions, demotions or layoffs shall be processed only under the grievance
procedure. Dismissals shall be processed only under Rule 13.
Definition. A grievance is a dispute or disagreement raised by an employee
or group of employees against the County and/or their Department Head or
supervisor, following the procedures set forth in Rule 11.2 of this rule,
because of an interpretation or alleged violation of these personnel policies
and procedures or other conditions of employment.
11.2 Procedure. An employee may have a representative of their
choosing present his complaint, but normally employees who have a complaint or
grievance are expected to proceed as follows:
aggrieved employee shall within 30 working days of the date of the grievance or
knowledge thereof, discuss the matter frankly and openly with the immediate
supervisor. Within ten working days of such discussion, the immediate
supervisor shall attempt to resolve the matter and reply to the employee.
Should the employee decide that the reply of the supervisor is unsatisfactory or
if the supervisor has not replied within the ten working days, the employee
shall within ten working days from the date of the supervisor's answer or
expiration of the supervisor's time to answer, submit the complaint in writing
to the employee's Department Head. The complaint at this point shall be in
writing and shall be so framed as to include all information necessary to assist
the Department Head in reaching an equitable decision. The Department Head
shall within ten working days of receipt of such written complaint attempt to
resolve the matter and reply in writing to the employee.
the employee decides that the reply of the department head is unsatisfactory or
if the matter cannot, because of budget or legal reasons, be resolved within the
department, the employee shall within ten working days from the date of the
Department Head's response or expiration of the Department Head's time to
answer, refer the written complaint to the Board of Commissioners except where
these rules specifically require another appeal procedure, then that procedure
will be used. The Board shall within ten working days of receipt of such
written complaint affirm, modify or reverse the action and the Board's
resolution shall be binding on all parties.
the employee has made a good faith effort to resolve the matter with his or her
supervisor(s), and the employee believes that there is a complete breakdown of
employee-supervisor relationships and cannot discuss the matter satisfactorily
with their supervisors, the employee can immediately appeal to the Board, which
will then proceed as in Rule 11.2.3.
employee shall be subject to harassment, reduction in employment status,
benefits or pay, or loss of advancement opportunity solely as a result of good
faith participation in a grievance procedure or testifying in a grievance
the grievance is not presented within the time period set forth above, it shall
be considered waived. If a grievance is not appealed to the next step within
the specified time limit, it shall be considered settled on the basis of the
last answer. If the proper authority does not answer a grievance or appeal
thereof within the specified time limits, the employee shall treat the grievance
as denied and may immediately appeal the grievance to the next step. The time
limit in each step may be extended by mutual agreement to the employee and
authority involved in the step.
This rule does not apply to (as defined in Personnel Rule 2 (Definitions))
probationary, at will part time, on-call, temporary, at will managerial
employees, appointed department heads or employees subject to collective
bargaining agreements. This rule does not apply regarding dismissals to
employees of elected officials who have not adopted these rules.