Trinity County Municipal Code Ch. 2.60 Personnel

A. In order to establish a harmonious and cooperative relationship between the county and its employees, and to keep open channels of communication, it shall be the county's policy to provide for the settlement of differences through an orderly grievance procedure. In addition, it is the county's policy to assure its employees the right of access to this procedure, free from interference, restraint, coercion or reprisal.

B. The purpose of the grievance procedure is to afford an employee a means of obtaining consideration or a grievance by the level of management closest to the employee concerned, with a minimum of formal procedure. Every reasonable effort should be made by the employee and management to resolve the grievance informally, or at the lowest formal level possible.

C. A grievance may be filed by an employee or group of employees on matters of management's interpretation, application, or lack of action on provisions contained in the memorandum of understanding, law, ordinance, resolution, regulation or rule which adversely affects the employee's wage, hours or conditions of employment.

D. Specifically excluded from the grievance procedure are subjects involving the adoptions of state or federal law; board of supervisors resolutions, ordinances or minute orders; disciplinary actions, acts of alleged discrimination; and such other matters and activities which may be appealed by other means.

(Ord. 1143 §1(part), 1990)

A. The grievance procedure shall be controlled by the provisions provided herein. Each step of the grievance procedure shall be followed, except in cases where:

1. The management level addressed by the grievance procedure step is not found in the particular department where the grievance has been filed, or

2. The grieved item is not one which the particular management level has authority to resolve.

B. In cases involving the exceptions listed in subsection A of this section, the grievance shall be forwarded from the immediate supervisor to the next appropriate level within the department. In all cases, the grievance shall be presented in writing beginning with the second step on a form provided for this purpose, within the prescribed time periods and according to the procedures contained herein to the department head prior to presentation to the grievance panel.

C. The grievance procedure steps shall be as follows:

1. Immediate Supervisor. If an employee or group of employees are adversely affected by a grievable item, the employee(s) may request an informal meeting with the immediate supervisor within ten working days after the occurrence which gives rise to the grievance or within ten working days after the employee may have reasonably been aware of the occurrence which gives rise to the grievance. The immediate supervisor shall meet with the employee(s) within five working days after the employee's request and informally discuss the grievance in an effort to clarify the issue and to cooperatively work toward a settlement. The immediate supervisor shall verbally present a decision to the employee(s) within five working days from the time of the informal discussion. In addition, the immediate supervisor shall provide the name and title of the individual who represents the next step in the grievance procedure.

2. Second Level Management Representative. If the grievance is not settled under the foregoing step, the employee(s) may formally submit it to the second level management representative designated within the department. The grievance shall be submitted in writing within five working days after receipt of the decision at the previous step and shall state the nature of the grievance, those parties grieved and the suggested solution. Within five working days after receiving the written grievance, the second level management representative shall provide a written response to the employee(s). In addition, the second level management representative shall provide the name and title of the individual who represents the next step in the grievance procedure.

3. Third Level Management Representative. If the grievance is not settled under the foregoing step, the employee(s) may formally submit it to the third level management representative. The grievance shall be submitted in writing within five working days after receipt of the decision at the previous step. The written grievance shall be submitted along with the written decision of the second level management representative and a statement as to why the written decision is inappropriate. Within five working days after receiving the written grievance, the third level management representative shall provide a written response to the employee(s). In addition, the third level management representative shall provide notice that the next step in the grievance procedures is the department head.

4. Department Head. If the grievance is not settled under a foregoing step, the employee(s) may formally submit it to the department head. The grievance shall be submitted in writing within five working days after receipt of the decision at the previous step. The written grievance shall be submitted with the written decision(s) of the previous step(s) along with a statement as to why the written decision(s) is(are) inappropriate. Within five working days after receiving the grievance, the department head shall provide a written response to the employee(s). The department head shall forward copies of all materials and decisions to the county administrative officer and county counsel.

5. Grievance Panel. If the grievance is not settled at the department head level, the employee(s) may formally submit it to the county administrative officer. The grievance shall be submitted in writing within five working days after receipt of the decision at the previous step. The written grievance shall be submitted with the written decision(s) of the previous step(s) along with a statement as to why the written decision(s) is(are) inappropriate. Within five working days of receipt, the county administrative officer shall contact the bargaining unit representative to establish a grievance panel. The grievance panel shall consist of the county administrative officer, the bargaining unit representative, and a representative from the State Mediation/Conciliation Services. The county administrative officer and the bargaining unit representative may authorize substitutes to replace them on the grievance panel if they so choose. The purpose of the grievance panel shall be to mediate a solution acceptable to both parties. In the event the parties are unable to reach a solution, either party may formally submit the grievance to the board of supervisors. The proceedings of the panel are informal. The panel has authority to question any involved party. After the informal hearing, the panel shall attempt to mediate a solution. If the panel is successful, the grievance is solved. If the panel is not able to mediate a resolution within five working days from the date of the hearing the grievance may proceed to the board of supervisors. Any recommendations of proposed settlement by the panel are confidential and may not be used by either party in subsequent hearings.

6. Board of Supervisors. If the grievance is not settled at the grievance panel level, either party may formally submit it to the board of supervisors. The grievance shall be submitted in writing within five working days after receipt of the finding of unsuccessful mediation by the grievance panel. The written grievance shall be filed with the clerk of the board with all correspondence and supporting materials attached. The party(s) submitting the grievance shall provide seven copies of all materials to the clerk of the board. Notice that a grievance has been filed will be placed on the agenda of a regularly scheduled board of supervisors' meeting within thirty days of the date the grievance was filed with the clerk of the board. The board of supervisors shall establish an appropriate time for hearing the grievance. The board of supervisors shall establish such rules and procedures as deemed appropriate for conducting such hearing. The board of supervisors shall issue a written decision which is binding and final within thirty days of the grievance hearing.

7. Failure by county representatives to meet any time line unless mutually agreed upon by the parties involved shall advance the grievance to the next higher level, unless the grievant chooses to withdraw the grievance. Failure by the grievant to comply with any requirement including the time lines provided herein, unless mutually agreed upon herein, constitutes a specific waiver by the grievant and is a bar to further consideration of the grievance.

D. The county administrative officer shall maintain a file on all written grievances filed regardless of the step in the procedure at which each is resolved for a period of five years from the date of final determination of the grievance.

(Ord. 1143 §1(part), 1990)

A. In order to establish a harmonious and cooperative relationship between the county and its employees, and to keep open channels of communication, it shall be the county's policy to provide for the settlement of differences through an orderly grievance procedure. In addition, it is the county's policy to assure its employees the right of access to this procedure, free from interference, restraint, coercion or reprisal.

B. The purpose of the grievance procedure is to afford an employee a means of obtaining consideration of a grievance by the level of management closest to the employee concerned, with a minimum of formal procedure. Every reasonable effort should be made by the employee and management to resolve the grievance informally.

C. A grievance may be filed by an employee or group of employees on matters of management's interpretation, application, or lack of action on provisions contained in the memorandum of understanding, law, ordinance, resolution, regulation or rule which adversely affects the employee's wage, hours or conditions of employment.

D. Specifically excluded from the grievance procedure are subjects involving the adoptions of state or federal law; board of supervisors resolutions, ordinances, or minute orders; disciplinary actions, acts of alleged discrimination; and such other matters and activities which may be appealed by other means.

(Ord. 1143 §1(part), 1990)

A. The grievance procedure shall be controlled by the provisions provided herein. Each step of the grievance procedure shall be followed, except in cases where:

1. The management level addressed by the grievance procedure step is not found in the particular department where the grievance has been filed, or

2. The grieved item is not one which the particular management level has authority to resolve.

B. In cases involving the exceptions listed in subsection A of this section, the grievance shall be forwarded from the immediate supervisor to the next appropriate level within the department. In all cases, the grievance shall be presented in writing beginning with the second step within the prescribed time periods and according to the procedures contained herein to the department head prior to presentation to the board of supervisors.

C. The grievance procedure steps shall be as follows:

1. Immediate Supervisor. If an employee or group of employees are adversely affected by a grievable item the employee(s) may request an informal meeting with the immediate supervisor within ten calendar days after the occurrence which gives rise to the grievance or within ten calendar days after the employee may have reasonably been aware of the occurrence which gives rise to the grievance. The immediate supervisor shall meet with the employee(s) within ten calendar days after the employee's request and informally discuss the grievance in an effort to clarify the issue and to cooperatively work toward a settlement. The immediate supervisor shall verbally present a decision to the employee(s) within ten calendar days from the time of the informal discussion. In addition, the immediate supervisor shall provide the name and title of the individual who represents the next step in the grievance procedure.

2. Second Level Management Representative. If the grievance is not settled under the foregoing step, the employee(s) may formally submit it to the second level management representative designated within the department. The grievance shall be submitted in writing within ten calendar days after receipt of the decision at the previous step and shall state the nature of the grievance, those parties grieved and the suggested solution. Within ten calendar days after receiving the written grievance, the second level management representative shall meet with the employee(s). Within ten calendar days thereafter, a written decision shall be delivered to the employee(s). In addition, the second level management representative shall provide the name and title of the individual who represents the next step in the grievance procedure.

3. Third Level Management Representative. If the grievance is not settled under the foregoing step, the employee(s) may formally submit it to the third level management representative. The grievance shall be submitted in writing within ten calendar days after receipt of the decision at the previous step. The written grievance shall be submitted along with the written decision of the second level management representative and a statement as to why the written decision is inappropriate. Within ten calendar days after receiving the written grievance, the third level management representative shall meet with the employee(s). Within ten calendar days thereafter, a written decision shall be provided to the employee(s). In addition, the third level management representative shall provide notice that the next step in the grievance procedure is the department head.

4. Department Head. If the grievance is not settled under a foregoing step, the employee(s) may formally submit it to the department head. The grievance shall be submitted in writing within ten calendar days after receipt of the decision at the previous step. The written grievance shall be submitted with the written decision(s) of the previous step(s) along with a statement as to why the written decision(s) is(are) inappropriate. Within ten calendar days after receiving the grievance, the department head shall meet with the employee(s). Within ten calendar days thereafter, a written decision shall be delivered to the employee(s). The department head shall forward copies of all materials and decisions to the county administrative officer and the county counsel.

5. Grievance Panel. If the grievance is not settled at the department head level, the employee(s) may formally submit it to the county administrative officer. The grievance shall be submitted in writing within ten calendar days after receipt of the decision at the previous step. The written grievance shall be submitted with the written decision(s) of the previous step(s) along with a statement as to why the written decision(s) is(are) inappropriate. Within ten calendar days of receipt, the county administrative officer shall contact the bargaining unit representative to establish a grievance panel. The grievance panel shall consist of the county administrative officer, the bargaining unit representative, and a representative from the State of California Mediation/Conciliation Services. The county administrative officer and the bargaining unit representative may authorize substitutes to replace them on the grievance panel if they so choose. The purpose of the grievance panel shall be to mediate a solution acceptable to both parties. In the event the parties are unable to reach a solution, either party may formally submit the grievance to the board of supervisors. The proceedings of the panel are informal. The panel has authority to question any involved party. After the informal hearing, the panel shall attempt to mediate a solution. If the panel is successful, the grievance is solved. If the panel is not able to mediate a resolution within ten working days from the date of the hearing the grievance shall proceed to the board of supervisors. Any recommendations of proposed settlement by the panel are confidential and may not be used by either party in subsequent hearings.

6. Board of Supervisors. If the grievance is not settled at the grievance panel level, the employee(s) may formally submit it to the board of supervisors. The grievance shall be submitted in writing within ten days after receipt of the decision of the finding of unsuccessful mediation by the grievance panel. The written grievance shall be filed with the clerk of the board with all correspondence and supporting materials attached. The employee(s) submitting the grievance shall provide seven copies of all materials to the clerk of the board. Notice that a grievance has been filed will be placed on the agenda of a regularly scheduled board of supervisors meeting within thirty days of the date the grievance was filed. The board of supervisors shall establish an appropriate time for hearing the grievance. The board of supervisors shall establish such rules and procedures as deemed appropriate for conducting such hearing. The board of supervisors shall issue a written decision which is binding and final within thirty days of the grievance hearing.

7. Failure to meet any time line unless mutually agreed upon shall automatically advance the grievance to the next higher level. Failure to specifically comply with any other requirement, unless mutually agreed upon herein, constitutes a specific waiver and is a bar to further consideration of the grievance.

(Ord. 1143 §1(part), 1990)