(A) Step One Grievance.
(1) Presentation. An employee must present a grievance in person to his or her immediate supervisor within five business days after the event giving rise to the grievance or within five business days after the employee reasonably should have known of the event.
(2) Resolution. The supervisor shall meet with the employee and attempt to resolve the grievance and must respond in writing to the employee within five business days after hearing the grievance.
(B) Step Two Grievance.
(1) Presentation. If the grievance is not satisfactorily resolved at Step One, the employee may file a written grievance with his or her Director/Administrator within five business days after receiving the written response of their supervisor.
(2) Resolution. The Director/Administrator shall meet with the employee and attempt to resolve the grievance, and shall have five business days in which to respond in writing to the employee.
(C) Step Three Grievance.
(1) Presentation. An employee whose grievance is not satisfactorily resolved after Step Two may file a written grievance with HR within five business days after the Director/Administrator delivers the written response.
(2) Resolution. The Director/Administrator HR or its designee shall meet with the employee and attempt to resolve the grievance within five business days after receipt. HR shall respond in writing to the employee within five business days after the meeting.
(3) The decision of HR is final and binding.
(D) Grievance Review Board.
(1) Presentation. An employee suspended for more than five days, involuntarily demoted, or discharged shall serve a written grievance on HR within five business days after the suspension, involuntary demotion or discharge.
(2) Compliance with procedural requirements. Upon receiving the grievance, HR shall determine whether the grievance has been timely and properly processed. If it has not, HR shall deny the grievance and notify the employee of the reasons in writing. If the grievance has been timely and properly processed, HR shall schedule a hearing before the Grievance Review Board.
(3) Time of hearing. The Grievance Review Board shall schedule a hearing at a mutually agreed upon time by both parties.
(4) Composition of Grievance Review Board. The Grievance Review Board shall be chaired by the County Administrator for the County Commissioners, a Director/Administrator from a department or office other than that in which the employee works selected by HR, and an employee chosen by the employee from a list maintained by HR.
(5) Hearing and decision.
(a) The Grievance Review Board shall determine the procedure for the hearing, giving both sides the opportunity to present witnesses and evidence. The employee may be represented by anyone the employee chooses.
(b) The Grievance Review Board shall make a sound recording of the hearing.
(c) The Grievance Review Board shall hand deliver its written decision within 30 days after the hearing. The decision shall be final and binding on all parties, except as provided in division (E)(1) below.
(E) Appeal.
(1) Appeal to County Commissioners. Either the employee or management may appeal the Grievance Review Board's decision to the County Commissioners. The party appealing must serve a written notice of appeal on the County Administrator for the County Commissioners within ten business days after the Grievance Review Board hand delivers its decision.
(2) Presentation. The County Administrator shall submit to the County Commissioners the record of the hearing before the Grievance Review Board. The record shall include a sound recording of the Grievance Review Board's hearing, a copy of the decision and all documents accepted into evidence.
(3) Hearing. The County Commissioners may decide the appeal based on the record without further hearing or, at their sole option, may hold an additional hearing to determine such facts as they deem necessary.
(4) Disposition. The County Commissioners shall render a final, binding decision on the appeal within 30 days after receiving the record of the hearing before the Grievance Review Board or within 30 days after holding a hearing. The decision of the County Commissioners is final and binding and not subject to judicial review.
(2004 Code, § 48-54) (Ord. 2017-01, passed 2-16-2017; Ord. 2022-08, passed 7-28-2022)