ORD-2012-049 Personnel Ordinance Chaper 28 Article VIII THe Appeals Process and The Grievance Procedure

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(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.