The grievance procedure is applicable for improper promotions,
suspensions, demotions or dismissals.
The following matters are not eligible for the grievance provision
of this personnel policy:
A.
A volunteer may request, in writing, a review of disciplinary action
before a hearing officer within five calendar days of the event which
gave rise to the grievance. The request should state with specificity
the reason for the grievance and the remedy requested.
B.
An individual is required to use the supervisory chain of command
or department review committee to resolve problems before requesting
a hearing. Matters involving dismissal for cause shall not be subject
to review by a department review committee and may be appealed only
before the hearing officer.
The Emergency Services Director shall appoint a hearing officer
and set the date for the hearing. As soon as the date, time and location
have been selected, the Emergency Services Director shall notify the
grievant by certified mail, return receipt requested. Requests for
continuances shall be submitted to the Emergency Services Director.
Under no circumstances will a grievance hearing be granted more than
two continuances.
Within 30 days of the notification that the volunteer wants
to pursue a grievance hearing, the Emergency Services Director will
schedule a hearing. The parties must agree in writing to any postponement
of the hearing beyond 30 calendar days. At this hearing, the grievant
shall have an opportunity to present witnesses and physical evidence
and cross-examine the County's witnesses before the hearing officer.
A.
The hearing officer shall:
(1)
Select a committee of three to five members, with one member being
a Chief Officer from a nonneighboring county fire district.
(2)
Make rulings on procedural and substantial issues of the hearing.
(3)
Determine the admissibility of evidence and testimony, all of which
must have a direct bearing on the issue before the hearing board.
(4)
Issue a written ruling, including findings of fact which form the
basis of the hearing board's conclusions.
B.
The grievant, the grievant representative, if any, and the County's
designated representatives are required to be present at the hearing
unless otherwise excused by the hearing officer or by agreement of
the parties.
C.
The grievant can request that the meeting be open.
The County shall present a statement of issues involved in the
case, followed by the grievant. Opening statements are limited to
the pertinent issues of fact and shall not exceed 10 minutes without
the permission of the hearing officer.
The County will present first. Witnesses for the County may
be called and questioned concerning their involvement in or knowledge
of the case.
A.
The hearing officer's decision will be issued within 15 calendar
days of the hearing and will be signed by the hearing officer and
transmitted to the grievant and the Fire Chief.
B.
The hearing officer may uphold, modify or reverse the decision of
the Fire Chief and may reinstate the volunteer.
C.
The record of the proceedings will be retained by the Office of Emergency
Services for a period of not less than three years from the hearing
date, along with all of the physical evidence admitted by the hearing
officer.
