[Adopted 8-14-1990 (P-40)]
A.
General.
(1)
In the interest of harmonious and cooperative working relationships,
employees and their immediate supervisors are encouraged to informally
discuss and resolve all employee inquiries, requests, and suggestions.
It must be recognized that authority exists for resolving problems
at various levels of an organization and that all problems are not
subject to immediate resolution. However, the emphasis on interpersonal
relationship problem-solving is to be focused on informal solutions
developed at the lowest organizational level possible.
(2)
When problems arise regarding employment, an employee shall discuss
the problem first with his or her immediate supervisor. It is the
responsibility of each supervisor to conduct such discussions objectively,
and to initiate action to resolve problems. If, after such informal
action, the problem is not resolved to the employee's satisfaction
and he or she wishes to take formal action, he or she may present
a grievance in accordance with the procedure outlined below.
B.
Definition
of grievance. "Grievance" means any employee complaint arising out
of the application of the County's rules and policies, which
remains unresolved after informal efforts at satisfaction have been
attempted. A grievance may not deal with the substantive policies
embodied in the Kent County Code, Kent County Policy Manual, or the
rules or decisions arising from the normal managerial relationship
between an employee and supervisor.
C.
Grievance
procedure.
(1)
Step 1. The employee shall, within three working days of the date
of the occurrence of events leading to the grievance or within five
working days of the date an employee could reasonably be expected
to have knowledge of the circumstances leading to the grievance, present
the grievance in writing to his or her immediate supervisor, setting
forth the details of the grievance and relief sought. The supervisor
shall, within five working days, meet and discuss the grievance with
the employee and reply to the employee within three working days of
said meeting.
(2)
Step 2. In the event the decision of the immediate supervisor is
not satisfactory to the employee, he or she may, within three working
days, request in writing a review of his or her grievance by the department
head. The department head shall, within five working days, meet and
discuss the grievance with the employee and with the immediate supervisor
of the employee. The department head will reach a decision and reply
in writing to the employee within three working days of said meeting.
(3)
Step 3. In the event that an acceptable solution is not reached at
Step 2, the grievant may request a meeting with the Personnel Director
(or his or her designee), except in such cases of grievance of employee
performance appraisal, where the decision of the department head is
final. This request, in writing and accompanied by copies of all relevant
written materials from the previous steps in the grievance procedure,
must be made within three working days of the rendering of the decision
at Step 2 by the department head or the expiration of the time limit
for the rendering of such decision.
(a)
The Personnel Director shall notify the employee and other interested
parties of the scheduled meeting date within five working days of
receipt of the grievance and of all relevant written materials from
the previous steps in the grievance procedures.
(b)
Within five working days following the meeting, the Personnel Director
(or his/her designee) shall issue a written decision to both parties.
(c)
If the grievant does not accept the findings of the Personnel Director
(or his/her designee), the grievant may appeal, within five working
days of receipt of the decision, to the Personnel Administration Boards,
by submitting 10 copies of a written statement requesting a review
and the reasons therefor along with copies of all relevant written
materials from the previous steps in the grievance procedure to the
Personnel Director. The Personnel Administration Board has 15 working
days to review all written materials and respond to both parties.
The Personnel Administration Board has the authority to agree with
the decision of the Personnel Director and may authorize the decision
as final and binding. In the event that the Personnel Administration
Board schedules a hearing, the hearing shall be scheduled within 10
working days of its prior meeting. The Personnel Administration Board
will render a final and binding decision in writing to both parties
within 10 working days of the hearing.
D.
Discussion.
(1)
It is within the spirit of this procedure that all parties will make
every effort to expedite the processing of grievances. It is expected
that all parties will observe the time limits specified above; however,
when a grievance can be processed in less time than provided in the
various steps, this should be done. It is recognized that meetings
cannot always be arranged within the time limits, in which event the
time limits may be extended by mutual agreement in writing, and such
extension is not to exceed 10 days in any event. Failure of those
in authority to make a timely response or request a delay will permit
an employee to process the grievance to the next step of the procedure.
Failure of an employee to observe the time limits will nullify the
grievance.
(2)
If a step in the grievance process would not facilitate resolution
of a complaint, it may be waived upon written agreement of all interested
parties. Such agreement shall include a brief explanation of the reasons
for the waiver.
E.
Violation
of grievance procedure.
(1)
Any employee who takes his or her employment problems outside of
this administrative process without first attempting to resolve said
problems in accordance with the procedures outlined above shall be
subject to disciplinary action up to and including termination.
(2)
No action will be taken that will threaten, intimidate, or retaliate
against an employee for initiating or processing a grievance.
