§ 8-1.4. Grievance procedure and adverse action appeal.

(Shall be hereinafter referred to as grievance procedure)

Section 1. Organization of grievance committee.

The commissioners will appoint a grievance committee to conduct hearings on employee grievances involving demotions, suspensions and dismissals. The grievance committee will make determinations on employee grievances, and if the grievance is not resolved to the employee's satisfaction, then the complaint will be forwarded to the board of commissioners, who will make final determinations.

Grievance committee determinations on employee grievances in the sheriff's department and register of deeds office will be forwarded to the sheriff and register of deeds, respectively, who will make final determinations in their respective departments.

The grievance committee will consist of the following department heads: county manager, chairman; assistant county manager, assistant to the county manager, library director, tax administrator, solid waste director, emergency management coordinator and water department supervisor. A department or agency head will not sit as a member of the grievance committee when the employee with a grievance is employed in his or her department or agency. Furthermore, in the event the grievance originates with a department or agency head, that department or agency head will not serve on the grievance committee during those proceedings.

All members of the grievance committee must be present at meetings to constitute a quorum, with the following exceptions:

(1)

A department head as mentioned in the preceding paragraph, and

(2)

A department head who is out of the county at the time the grievance is filed and will not be back on duty within the time constraint of the procedure; and

(3)

A department head who is absent because of illness and is not expected to return to duty within the time constraints of the procedure.

The county manager (chairman) is authorized to appoint someone temporarily to serve when absences as indicated above are expected. The county manager is also authorized to appoint an additional member to serve on a specific case, when it would be necessary to make certain the committee makeup reflects someone of the same race and sex of the complaining employee.

The chairman will be responsible for calling and presiding at all meetings. All members of the grievance committee must be present at meetings to constitute a quorum, with the exception of a department or agency head as mentioned in the preceding paragraph.

(Amend. of 2-1-93)

Section 2. Grievance, definition.

A grievance is a claim or complaint based upon an event or condition which affects the circumstances under which an employee works, allegedly caused by misinterpretation, unfair application, or lack of established policy pertaining to employment or conditions. A grievance might involve alleged safety or health hazards, unsatisfactory physical facilities, surroundings, materials or equipment, unfair or discriminatory supervisory or disciplinary practices, unjust treatment by fellow workers, unreasonable work quotas, or any other grievance relating to conditions of employment, such as demotion, suspension, dismissal, reduction in pay, and transfer.

Section 3. Grievance procedure.

It is the policy of the county to provide a means whereby employees may freely discuss problems with supervisors and to provide a procedure for the presentation and mutual adjustment of points of disagreement that arise between employees and their supervisors. County employees shall also have the right to appeal personnel actions involving demotion, suspension, dismissal, reduction in pay, transfer, and layoffs.

Section 4. Grievance appeal procedure for general county employees.

When an employee has a claim or complaint concerning the condition of their employment with the county, the following successive steps are to be taken. The number of days indicated at each level should be considered as the maximum number of days unless provided for otherwise and every effort should be made to expedite the process. However, when mutually agreed upon, the time limits given below may be extended.

The following procedure is the grievance process to be followed hereinafter or until further amendments are approved. The procedure is for all Halifax County general employees including part-time and temporary employees (hereinafter referred to as the "complainant").

Complaints may be orally presented by the complainant to the immediate supervisor but the complaint must be in writing. The immediate supervisor has five (5) days (hereinafter referred to as "working days") from the receipt of the complaint to conduct a hearing with the complainant and make a decision. The decision of the immediate supervisor must be given to the complainant in writing. If the complaint is not resolved to the satisfaction of the complainant, then the complaint may be orally presented by the complainant to his or her department head.

The department head will then have five working days to conduct a hearing with the complainant and make a decision. The decision of the department head must be given to the complainant in writing. If the complaint is not resolved to the satisfaction of the complainant, then the complaint may be orally presented by the complainant to the chairman of the grievance committee. However, the complaint must be in writing. The complainant has five working days to file the third written complaint.

The chairman of the grievance committee will have five working days to call a meeting of the grievance committee and to conduct a hearing.

The grievance committee will then have 10 working days to reach a decision. The decision will be delivered to the complainant in writing. If the complaint is not resolved to the satisfaction of the complainant, he or she will then have five working days to provide the chairman of the Halifax County Board of Commissioners with a written complaint. The chairman of the board of commissioners will have 10 working days to call a special meeting of the board of commissioners to conduct a hearing.

After the hearing, the board will have 15 working days to make the final decision. The final decision must be in writing and delivered to the complainant.

Section 5. Appeal procedure for applicants.

Applicants for county positions alleging discrimination may appeal under provisions of this section. The grievance committee shall hold a hearing upon request of the applicant and within 10 working days render a written advisory opinion to the applicant and the board of commissioners. The hearing shall be open to the public unless both parties agree that the hearing shall be closed. The applicant has the right to be represented by a person of his choice. The grievance committee may hold an executive session for the purpose of making its decision.

The grievance committee's decision must be in writing and must provide the reasons for the decision and the evidence upon which it relied. If the applicant is not satisfied with the results of the grievance committee's action, he or she may within five working days in writing request review by the board of commissioners. The commissioners shall hold a hearing within 10 working days and render a final written decision within 10 working days of the hearing.

Section 6. Back pay awards.

Back pay and benefits may be awarded to reinstated employees winning appeals in suspension, demotion, dismissal and discrimination cases.