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HomeMy WebLinkAboutORD-2012-049 Personnel Ordinance Chaper 28 Article VIII THe Appeals Process and The Grievance Procedure0R;j_�W j z- c) q,? CHAPTER 28 — PERSONNEL THE APPEALS PROCESS AND THE GRIEVANCE PROCEDURE Sec. 28.85. - Purpose. (a) It is the purpose of the Appeals Process to: (1) Facilitate the airing and resolving of employee grievances fairly and swiftly. (2) Promote a better understanding of policies, practices, and procedures affecting employees. (3) Improve employee /supervisor communication and relations. (b) Nothing contained herein should be construed so as to restrict open discussion among employees and their supervisors regarding matters of County employment. Instead, this procedure serves as an extension and formalization of that process as needed for the resolution of grievances. (Ord. of 06 -07 -1976, eff. 08 -01 -1976) Sec. 28 -86. - Policy. (a) It is the policy of Orange County to attempt with all due speed to resolve grievances on an individual employee basis. (b) It is the policy of Orange County that any employee may pursue resolution of a problem or grievance without fear of reprisal in accordance with this procedure. (c) Grievance involving alleged discriminatory actions may be handled in accordance with this procedure or as specified in the Equal Employment Opportunity and Affirmative Action policies. (Ord. of 06 -07 -1976, eff. 08 -01 -1976) Sec. 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 two 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 Personnel Department. See Article II Section 28 -12 for procedure. �E (b) Step 2. If the grievance is not settled in Step 1, the employee may appeal by contacting the department head within five complete working days after receipt of the determination referred to in Step 1. Within two complete working days, the department head will advise the employee in writing of the determination. A copy will be sent by the department head 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 head's determination. Within two 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. The Manager will forward all papers and information used in making a decision to the Personnel Hearing Board within five complete working days after receipt of the appeal to the Board. The Personnel Hearing Board will conduct a hearing within ten complete working days of receipt of papers and information from the Manager. It will notify the employee in writing of its findings and recommendations within five complete working days after the 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 employee will sign and date a copy of the Personnel board's decision to acknowledge receipt thereof, or, if the employee's signature cannot be secured the secretary to the Personnel Board will make a notation in the employee's personnel folder that the employee has been informed of the Personnel 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. (e) The decision of the Personnel Board will be forwarded to the Manager, who will make the final decision based solely on the record of the hearing before the Personnel 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 less than 21 calendar days before the hearing, the County Clerk will notify both parties of the hearing, giving the date, time, location and a statement of the issue to be resolved at the hearing by means of certified mail. (g) 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. (h) 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. I1 -08 -2012) Sec. 28 -88. - Personnel hearing board. The Commissioners, as authorized by N.C. Gen. Stat. § 153A -95 will appoint a Personnel Hearing Board to conduct hearings on employee grievances involving demotions, suspensions, and dismissals only. The Personnel Hearing Board will make determinations on employee grievances involving demotions, suspensions, and dismissals and forward its recommendations to the Manager, who will make final determinations. Personnel Hearing Board determinations on employee grievances involving demotions, suspensions, and dismissals in the Sheriffs Department and Register of Deeds' Office will be forwarded to the Sheriff and Register of Deeds, respectively, with a copy sent to the County Manager. The Sheriff and Register of Deeds will make final determinations in their respective departments. (a) Upon receiving notice of an appeal of a grievance from the Manager's decision the Human Resources Director shall assemble the Personnel Board by contacting designated senior Orange County officials and arranging for a three member Personnel Board to hear the appeal. (b) The Personnel Board will consist of three members. Each member of the Personnel Board will be selected from among senior Orange County officials who do not report to the Manager. The three members may be selected from and among the Elections Director, Department of Social Services Director, Public Health Director, Register of Deeds, or Orange County Sheriff. In the case of the Register of Deeds and Sheriff, should either of those two officials be unavailable, they may designate their senior deputy to serve in their place. In the event the appellant is an employee within the department of any of the designated senior officials that senior official shall not be authorized to sit on the Personnel Board. (c) Prior to commencing the appeal hearing the Personnel Board will elect a chair, who will be responsible for calling witnesses and presiding at the hearing. All three members must be present prior to commencement of the appeal hearing. Any member may question witnesses. (d) The County Attorney or Staff Attorney shall be present at the hearing to advise the Personnel Board on procedure but shall not actively question witnesses or present evidence. (e) The Clerk to the Board of Commissioners will serve ex officio as secretary to the Personnel Board and will be responsible for maintaining records of Personnel Board proceedings, determinations, and recommendations. (Ord. of 06-07-1976, eff. 08-01-1976, Amend. of 06-04-2002, Art. VIII § 4.0, eff. 04 -04- 2002; Amend of 11-08-2012, eff. 11-08-2012) �de.0 - -I e,,�/ 2�- 0�7 e Amendment to the Orange eon Po le of ordinances Reaarding Personnel The Board considered reviewing and approving a proposed amendment to chapter 28 of the Orange County Code of Ordinances by approving the attached resolution. John Roberts said that this is corning out of the October 25th work session and one of those boards was the Personnel Hearing Board. This is n appeal board and has only met one time in 20 years. The changes he recommended are to select three members from among five senior County employees including elected officials that do not report to the Manager. Another change would be to amend the portion that says there would have to be an attorney because this is not a judicial hearing. commissioner Hem ming r asked if the employee was allowed to have another person with them -other than an attorney and John Roberts said yes. John Roberts said to add a sentence that the employee may be accompanied by an individual for support only of the employee's choosing who is not an attorney, Commissioner Gordon asked who would choose the committee. John Roberts said than the Human Resources Director would contact the five people that the Board of County Commissioners chooses. Commissioner Gordon would like to have a more defined process. The other County Commissioners are ok with choosing the first three that are available. Frank Clifton suggested having the five people decide who would serve. Commissioner Gordon agreed with this. RESOLUTION of AMENDMENT IT A RESOLUTION AMENDING CHAPTER 28, ARTICLE hill of THE ORANGE COUNT f CODE of ORDINANCES C S Be it Resolved by the Board of Commissioners of Orange County, North Carolina: WHEREAS, Orange County, through ordinance, has provided for employee appeals to the Personnel Hearing Board of step 3 decisions by the County Manager regarding demotion, suspension, or dismissal of employees; and WHEREAS, the Personnel Hearing Board last met in 2008 and this infrequency of meetings creates a difficult situation for members and staff; and WHEREAS, the integrity of the appeal hearing process may be maintained by having available to serve as members senior Orange County Officials who do not report to the County Manager; and WHEREAS, the Orange county Board of Commissioners, believing it to be in the best interest of employees and to maintain the integrity of the appeal process, wishes to amend Chapter 28, Article 11111 of the Code of Ordinances as is reflected in the attachment hereto, Exhibit 1. NOW THEREFORE, E, the Orange County Board of Commissioners hereby amends chapter 28, Article x111, Sections 28-87 and 28-88 of the Orange County Code of Ordinances to provide for the procedures of step appeals and to provide for the membership bership of the Personnel Hearing Board, This Amendment shall become effective upon adoption. motion was made by Commissioner Her, minger, seconded by Commissioner ioner Eoushee to approve the proposed amendment with the suggested changes to Chapter 28 by the County Attorney of the Orange County Code of Ordinance and the revised resolution. VOTE: UNANIMOUS