Santa Clara County Municipal Code Ch. V Employee Grievance Procedure

Footnotes:

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Editor's note— Ord. No. NS-304.74, § 2, adopted Sept. 5, 1972, amended this Code by adding Div. A25, Ch. V, §§ A25-500—A25-516, as herein set out.

As used in this chapter, "appointing authority" means the person having the lawful power to make appointments or to remove persons from positions in the County service, or his authorized representative.

(Ord. No. NS-304.74, § 2, 9-5-72)

As used in this chapter, "Director" means the Director of Employee Services Agency or his authorized representative.

(Ord. No. NS-304.74, § 2, 9-5-72; Ord. No. NS-304.134, § 54, 8-25-15)

As used in this chapter, "employee" means any County employee in the classified service regardless of status except an employee included in a representation unit and the recognized employee organization of that unit has signed a written memorandum of understanding with County management which provides for a grievance procedure and such memorandum has been approved by the Board of Supervisors and is in effect.

(Ord. No. NS-304.74, § 2, 9-5-72)

As used in this chapter, "grievance" means a complaint of an employee relating to any phase of his employment or working conditions including, but not limited to, a disagreement involving the work situation in which an individual employee believes that an injustice has been done because of:

(a) The lack of departmental policy, or

(b) Policy that is unfair, or

(c) A deviation from a policy, or the misinterpretation of a policy.

(Ord. No. NS-304.74, § 2, 9-5-72)

As used in this chapter, "immediate supervisor" means the individual who assigns, reviews or directs the work of an employee.

(Ord. No. NS-304.74, § 2, 9-5-72)

As used in this chapter, "representative" means an individual who appears on behalf of the employee.

(Ord. No. NS-304.74, § 2, 9-5-72)

As used in this chapter, "superior" means the individual to whom an immediate supervisor reports.

(Ord. No. NS-304.74, § 2, 9-5-72)

Employees of the County are entitled to have their grievances recognized and reviewed. Appointing authorities, likewise, have the responsibility to review employee grievances. The provisions of this chapter will apply in all cases of employee grievances.

(Ord. No. NS-304.74, § 2, 9-5-72)

The objectives of this chapter are:

(a) To settle the disagreement at the employee-supervisor level informally, if possible;

(b) To provide an orderly procedure to handle the grievance, through each level of supervision if necessary, with final decision vested in the appointing authority, subject to the County Executive;

(c) To resolve the grievances as quickly as possible;

(d) To correct, if possible, the cause of the grievance to prevent future similar complaints;

(e) To provide for the development of a two-way system of communication by making it possible for all levels of supervision to hear such problems, complaints and questions raised by employees;

(f) To reduce the number of grievances by allowing them to be expressed, and thereby adjusted and eliminated;

(g) To promote harmonious relations generally among employees, supervisors and the administrative staff;

(h) To assure fair and equitable treatment of all employees.

(Ord. No. NS-304.74, § 2, 9.5.72)

(a) Where the grievance involves an alleged violation of rights and privileges specified in the merit system rules, the employee or his representative should attempt to resolve the grievance within the department but may present the complaint directly to the Personnel Director.

(b) Grievances arising out of disciplinary actions are covered through regular appeal procedures to the Personnel Board.

(c) Where the grievance involves discretionary action of the department in the application of merit system rules, the complaint should be processed through the grievance procedure first. If the employee is not satisfied with the decision of the department's appointing authority, he may require that the grievance be reviewed by the Director of Personnel for investigation and recommendation. These recommendations shall be given to the appointing authority and the employee for consideration before the final decision is made.

(Ord. No. 304.74, § 2, 9-5-72)

(a) The employee shall discuss his grievance with his immediate supervisor informally. Within two working days, the supervisor shall give his decision to the employee.

(b) If the employee and supervisor cannot reach an agreement as to the solution of the grievance, or if the employee has not received a decision within the two-working-day limit, he may present his grievance in writing to the superior or his supervisor, with a copy to his immediate supervisor.

(c) The superior will hear the grievance and give his decision to the employee within five working days of receiving the written grievance, if the employee is not satisfied with the decision of the superior, or has not received a decision within the five-working-day time limit, he may present his written grievance to the next level supervisor. He shall send a copy to the appointing authority.

(d) The appointing authority, within five working days of receiving the written grievance from the employee, shall confer with the employee, the supervisor and the superior in an attempt to bring about a harmonious solution. If the grievance cannot be resolved in this conference, the appointing authority shall, within five working days, either:

(1) Make a decision and discuss his decision with the employee, giving him a written statement of his decision with supporting reasons; send copies to the immediate supervisor, and the superior; or

(2) Refer the grievance to the Director who shall serve as a fact-finder.

a. The Director shall report his findings and recommendations to the appointing authority and the employee within five working days after receiving the request for review.

b. The appointing authority shall, within five working days after receiving the report from the Director, communicate his decision in writing to the employee with a copy to the Director.

(Ord. No. NS-304.74, § 2, 9-5-72)

The decision of the appointing authority shall be subject to appeal to the County Executive.

(Ord. No. NS-304.74, § 2, 9-5-72)

The time limits stated in the procedure may be extended by the written consent of the employee where the grievance is complex.

(Ord. No. NS-304.74, § 2, 9-5-72)

Grievances shall be handled during working hours, if possible.

(Ord. No. NS-304.74, § 2, 9-5-72)

At any step in the grievance procedure, the employee, supervisor, superior or appointing authority may consult with the Director in an effort to clarify the issue, to interpret personnel policy or rules and regulations, especially where the area of disagreement involves both merit system and departmental jurisdictions.

(Ord. No. NS-304.74, § 2, 9-5-72)

The employee shall follow the established chain of command in presenting his grievance to upper levels of administration, using the procedure outlined in this chapter, except that at the option of the appointing authority, grievances may be presented directly to the appointing authority following inability to resolve the grievance at the first supervisory level.

(Ord. No. NS-304.74, § 2, 9-5-72)

In accordance with the Charter, the Director shall advise the County Executive of all grievances referred to him which remain unresolved by this procedure.

(Ord. No. NS-304.74, § 2, 9-5-72)