Chapter 3.44 — GRIEVANCE PROCEDURES

A grievance is defined as an allegation by an employee or group of employees that the county has failed to provide a condition of employment, which is established by the annual salary ordinance or by Title 2 of this code, provided that the enjoyment of such right is not made subject to the discretion of the department head or the county; and, provided further, that the condition of employment which is the subject matter of the grievance is a matter within the scope of representation as defined in California Government Code Section 3504. An employee or group of employees may grieve a violation of a written departmental policy or rule promulgated by a department or agency head only if such policy or rule is designated by the department head as a regulation to be followed in all applicable situations and without discretion on the part of supervisory staff to determine whether or to what extent the policy or rule is to be applicable.

(Prior admin. code § 2-13.01)

The grievance procedure herein established shall have no application to matters over which the civil service commission has jurisdiction pursuant to the County Charter or rules adopted thereunder.

(Prior admin. code § 2-13.02)

The following is the procedure to be followed in the resolution of grievances:

A.

An employee having a grievance shall first discuss it with their immediate supervisor and endeavor to work out a satisfactory solution in an informal manner with such supervisor.

B.

If a satisfactory solution is not accomplished by informal discussion, the employee shall have the right to consult with and be assisted by a representative of their own choice in this and all succeeding steps of this section and may thereafter file a grievance in writing with their immediate supervisor within ten working days after the date of such informal discussion. Within ten working days after receipt of any written grievance, the immediate supervisor shall return a copy of the written grievance to the employee with their answer thereto in writing. If the grievance is not resolved at this level, the employee shall have ten working days from receipt of the answer within which to file an appeal to the section head.

C.

The section head, or corresponding administrative level, shall have ten working days in which to review and answer the grievance in writing. If the grievance is not resolved at this level, the employee or their representative shall have ten working days from receipt of the answer within which to file an appeal with the division head, or corresponding administrative level.

D.

The division head, or corresponding administrative level, shall have ten working days in which to review and answer the grievance in writing. Although no hearing is required at this step, the employee and their

representative may be present at, and participate in, any such hearing as the division head may conduct. If the grievance is not resolved at this level, the employee shall have ten working days from receipt of the answer within which to file an appeal with the department head.

E.

A department head shall have fifteen (15) working days after holding the grievance hearing to answer the grievance in writing. Unless waived by the mutual agreement of the employee or their representative and the agency/department head, a hearing is required at this step, and the employee, and their representative, shall have the right to be present at, and participate in, such hearing. The time limit at this step may be extended by mutual agreement between the department head and the employee or their representative.

(Prior admin. code § 2-13.03)

(Ord. No. 2025-14, § 5, 2-25-25)

In the event that the grievance is not resolved at step (E) of Section 3.44.030, the grievant or his representative may, within thirty (30) days after receipt of the decision of the department head made pursuant to said section, request of the county administrator that the grievance be heard by a threemember panel of the department heads, not including the department head from whom the appeal has been taken, to be selected by the county administrator.

(Prior admin. code § 2-13.04)

Except when an agreed statement of facts is submitted by the parties, it shall be the duty of the department head panel, within thirty (30) days of its designation by the county administrator, to hear and consider evidence submitted by the parties and to thereafter make written findings of fact and a recommended disposition of the grievance. Copies of the panel's decision shall be forwarded by the panel to the grievant or his representative, the department head from whom the appeal was taken and the county administrator. The department head shall within ten days of the receipt of any decision recommending that he reverse or modify his previous disposition of the grievance notify the county administrator of any failure on his part to implement such recommendation and the reasons therefor.

(Prior admin. code § 2-13.05)

Failure of the employee to file an appeal within the required time limit at any step shall constitute an abandonment of the grievance. Failure of the county to respond within the time limit at any step shall result in an automatic advancement of the grievance to the next step.

(Prior admin. code § 2-13.06)

A grievance shall be void unless presented within forty-five (45) calendar days from the date upon which the county has allegedly failed to provide a condition of employment. In no event shall any grievance include a claim for money relief for more than a forty-five (45) day period.

(Prior admin. code § 2-13.07)

A person who because of dismissal, resignation or layoff is no longer a county employee may file and pursue a grievance at the department head level and may also pursue a grievance through the remaining levels of the grievance procedure, including final review by the department head panel, provided that the grievance is timely filed as provided in Section 3.44.070 hereof, that the grievance is filed no later than thirty (30) calendar days from the date of issuance of the warrant complained of, that the issue would otherwise be grievable under this chapter; and provided further, however, that under no circumstances may a former employee file or pursue any grievance, unless it relates solely to whether such person's final pay warrant(s) correctly reflected the final salary, or fringe benefits taken in the form of cash owed to such person.

(Prior admin. code § 2-13.08)