(A) Filing a request for hearing - Most problems can be resolved through discussion with one's supervisor or elected official. When such informal dispute resolution fails, and an employee believes that he/she has been treated unfairly, that employee may file a request for a mediation hearing. The mediation process is not intended to modify or change existing policy and is designed to find common ground between the two parties. A mediation request may not be filed by an employee who is terminated. Employees who feel that they have been discriminated due to race, sex, religion, age national origin, mental or physical challenge, political affiliation, or protected speech in violation of civil or constitutional rights should follow the County's policy on discrimination, and contact the County's Human Resources Consultant (219 853-9782) instead of seeking mediation.
(1) Problem Resolution Mediation/Purpose - Most problems can be resolved through discussion with one's supervisor or elected official. However, when such informal dispute resolution fails, and as the employee believes that he/she has been treated unfairly, or unjustly disciplined, that employee may petition the County's Mediation Panel in an attempt to bring together and find a reasonable resolution to this disagreement.
(2) Mediation Panel Decision/Termination - A decision of the Mediation Panel is final but not binding. The County's mediation procedure does not apply to employees who work for the Judiciary, the Prosecuting Attorney, or are covered by a collective bargaining agreement. A mediation petition request form shall be filed with the County's Human Resources Consultant. A mediation petition may not be filed by an employee who is terminated. The mediation panel shall not hear a petition regarding termination of employment.
(3) Mediation Panel Membership - A three member Mediation Panel is established to hear qualified petitions. The three member Mediation Panel shall be selected as follows:
(a) Chairman - The chairman of the panel shall be the County's Human Resources Consultant.
(b) Management Member - One member shall be chosen by the party that has been charged (the “Offending party”) from a four member group known as the Management Group. The four members will be appointed to the Group by the following officials/bodies:
1. One appointed by the Lake County Board of Commissioners
2. One appointed by the Lake County Council
3. One member appointed through agreement of the Lake County Auditor, Recorder, Surveyor and Treasurer
4. One member appointed through agreement of the Lake County Clerk, Coroner, Sheriff and County Assessor (Township assessors are represented by the Assessor)
(c) Employee Member - One member shall be chosen by the employee filing the petition from a group of three full-time employees, known as the Employee Group, which are elected for a two (2) year term by full-time Lake County employees.
(4) Qualifications of Members - Members of the Management Group and Employee Group must meet the following qualifications to serve:
(a) Be a resident of Lake County.
(b) Except for the Chairman, members may not be vendors under contract with Lake County.
(c) No member may be an elected official of Lake County Government.
(d) Employee member must be a full-time employee of Lake County in a full-time position and not be in a management or supervisory position.
(e) Management member must be a full-time employee of Lake County and must be in a management or supervisory position.
(f) An employee member shall not sit on a Mediation Panel if the petition is filed against the officeholder or department where he/she is employed.
(5) Election of County Employee Member - The three (3) member county employee group shall be elected by the following rules that shall be posted in each county office at least 29 days prior to the beginning of the election process outlined below.
(a) Nominations. Nominations of employee members (who meet the qualifications for the membership of the panel listed in this section) must be made by at least one other employee and must be seconded by a second employee or the nominee. The nomination process shall be open for ten working days, commencing upon written notice issued by the Panel Chairman and distributed to all employees. Nominations shall close at 4:00 p.m. on the tenth working day. Nominees may submit a brief statement of their qualifications to be elected to the employee member group.
(b) Nominee Information. A list of nominees and their statements of qualifications shall be sent by facsimile to all county offices and department heads and posted in the offices for at least ten (10) days before election.
(c) Elections
1. Eligibility and Voting: A full-time county employee who qualifies as an employee covered by this employment policy shall be entitled to vote. All employees will be required to show proof of identification prior to being allowed to vote. At least five days prior to such an election, a list of all qualified employees, and all polling places, shall be provided by the Auditor's Office to the County Human Resources Consultant. The consultant shall provide the voting machines for the election.
2. Polling places: There will be polling places in County offices or departments in Crown Point, East Chicago, Gary and Hammond. All qualified employees will vote at their place of employment.
3. Results: The Auditor's Office shall tabulate the results of this election which may be witnessed by all interested candidates. The three candidates who receive the highest number of votes shall be named to the employee member group. The Lake County Human Resources Director shall announce the newly elected members within five (5) working days after the polls close by facsimile to all County offices and departments to be posted for at least ten (10) days.
(6) Vacancies
(a) Appointed positions: When a vacancy of an appointed position in the management member group occurs, the County Human Resources Consultant shall notify the appointing authority instanter. The appointing authority shall make its appointment within 30 days of notification.
(b) County Employee Positions: When a vacancy in the employee member group occurs, an employee election to fill the position shall be held pursuant to the rules outlined in this Ordinance. The County Human Resources Consultant shall set the date of the election with regard to the time lines as outlined for an election in the ordinance.
(7) Conducting a Mediation - The Mediation Panel shall contact both parties and invite them to participate in mediation. A meeting will be scheduled within ten (10) days of acceptance. The meeting will be conducted in an informal business fashion, allowing each party to present their concerns and comments. The charging party will be afforded ten (10) minutes to present his/her case. Conversely, the respondent part shall be given ten (10) minutes to respond and reply to the charges.
(8) Staff Support for Board - In the event that the panel needs legal assistance, the County Commissioner's Attorney shall assign an attorney as needed.
(9) Mediation Request Form - A mediation request form can be obtained from the County Human Resources Department (located in the Commissioner's Office).
(10) Payment - Each panel member shall receive Fifty ($50.00) Dollars per meeting for their services.
(B) Grievance Form - A grievance form can be obtained from the County Council Coordinator's Office.