§ 28-87. Procedure.

(a)

Step 1. The employee will first present grievance verbally or in writing, to the immediate supervisor within 15 working days after the cause for the grievance occurred or became known to the employee. The employee's immediate supervisor will then respond in writing to the employee within five complete working days after the receipt of the grievance. The employee will sign a copy of the determination to acknowledge receipt and the date of the response. The supervisor should, and is encouraged to, consult with any County employee or officer deemed necessary to reach a correct, impartial, and equitable determination concerning the grievance. If the employee is presenting a grievance concerning demotion, suspension or dismissal, the employee will present the grievance directly to the Manager. If the employee is presenting a grievance concerning sexual harassment, the employee will present the grievance directly to the Human Resources Department. See Article II, Section 28-12 for procedure.

(b)

Step 2. If the grievance is not settled in Step 1, the employee may appeal by contacting the department director within five complete working days after receipt of the determination referred to in Step 1. Within five complete working days, the department director will advise the employee in writing of the determination. A copy will be sent by the department director to the Manager, signed and dated by the employee to acknowledge receipt of the response.

(c)

Step 3. If the grievance is not settled in Step 2, the employee will appeal by giving written notice to the Manager within five complete working days after receipt of the department director's determination. Within five complete working days, the Manager will advise the employee in writing of the determination. The employee will sign and date a copy of the Manager's response to acknowledge receipt thereof, or the Manager will make a notation in the employee's personnel file that the employee has been informed of the Manager's response. The Manager's decision will be final and there will be no action therefrom, except that an employee may appeal to the Personnel Hearing Board any decision involving demotion, suspension, or dismissal.

(d)

An employee who is demoted, suspended, or dismissed by the manager may appeal the decision to the Personnel Hearing Board within ten complete working days after receipt of the Manager's decision. Within five complete working days of receipt of the appeal the Manager will cause to be forwarded all papers and information used in making the Manager's decision to the Personnel Hearing Board and to the employee. The Personnel Hearing Board will conduct a hearing within not less than ten nor more than 21 days after receipt of the papers and information from the Manager. The Human Resources Director will notify the employee of the date of the appeal hearing. The Personnel Hearing Board may find (1) that the grievance is without merit or (2) that the grievance has merit and that certain administrative actions should be undertaken.

The Board's written statement must contain the reasons for its decisions and a statement of the evidence upon which it relied. The Human Resources Director will notify the employee in writing of the Personnel Hearing Board findings and recommendations within five complete working days after the hearing. The employee will sign and date a copy of the Personnel Hearing Board's decision to acknowledge receipt thereof; or, if the employee's signature cannot be secured the Human Resources Director will make a notation in the employee's personnel folder that the employee has been informed of the Personnel Hearing Board's decision.

In the hearing the employee has the right to examine all of the evidence reported by the Manager and to cross-examine adverse witnesses. Neither the employee nor the County shall be represented by counsel at the hearing. However, the Employee may be accompanied by an individual of the Employee's choosing to witness the proceeding. The accompanying individual may not participate in the hearing.

(e)

The decision of the Personnel Hearing Board will be forwarded to the Manager, who will make the final decision based solely on the record of the hearing before the Personnel Hearing Board. This determination must be written and contain the reasons for the decision and the evidence upon which he relied. There will be no appeal from this determination.

(f)

No determination of a grievance will in any way conflict with any of the County policies, resolutions, or ordinances, or with any State and Federal statutes applicable thereto.

(g)

Full back pay and related benefits will be awarded to employees fully reinstated in all grievance cases in which the employee was appealing suspension, demotion, or involuntary separation.

(Ord. of 06-07-1976, eff. 08-01-1976, Amend. of 06-04-2002, Art. VIII § 3.0, eff. 04-04-2002; Amend. of 11-08-2012, eff. 11-08-2012; Res. of 9-4-2014, Exh. 1, eff. 9-4-2014)