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454 <br /> <br />determination and shall give the employee or employees an answer as <br />soon as possible, but within five (5) working days, or advise the <br />employee or employees of the conditions which prevent an answer <br />within five (5) working days and inform them as to when an answer <br />may be expected. <br /> <br />Step Two. If the grievance is not resolved during Step One, the <br />employee or group of employees may file the grievance in writing <br />within ten (10) working days with the supervisor's immediate <br />superior who shall hear the grievance and render a decision in <br />writing within a maximum of five (5) working days or advise the <br />employee or group of employees of the conditions which prevent an <br />answer within five (5) working days and inform them as to when an <br />answer may be expected. <br /> <br />Step Three. If the grievance is not resolved during Step Two, the <br />employee or group of employees may file the grievance in writing within <br />ten (10) working days with the department head who shall hear the <br />grievance and render a decision in writing within a maximum of ten (10) <br />working days or advise the employee or employees of the conditions which prevent <br />an answer within ten (10) working days and inform them as to when an answer <br />may be expected. Step Three grievances should be filed with the department <br />head through the agency personnel manager or designated counterpart who <br />will conduct any fact finding research deemed necessary prior to the <br />presentation of the grievance to the department head. Adverse action <br />complaints shall be filed directly with the department head within ten (10) <br />working days of notification of the adverse action. <br /> <br />S%ep Four. Competitive service employees not haying their grievance or <br />adverse action appeal satisfactorily resolved at Step Three, may ask <br />within five (5) working days of receipt of the department head's <br />decision, that the grievance, or adverse action appeal be presented to <br />the local board of the employees' department. This request should be <br />made through the personnel manager or designated counterpart. Facts <br />surrounding the case will be presented to the board, and the employees <br />may speak to the board if they so desire. After reviewing that data, <br />the board will consult with whatever sources it deems appropriated <br />and render an advisory opinion to the department head and forward a <br />copy to the employee or employees within five (5) working days after <br />having heard the appeal or advise the parties of the conditions which <br />prevent an answer within five (5) working days and indicate when an <br />answer may be expected. <br /> <br />Step Five. If a competitive service employee or group of employees is <br />not satisfied with the decision of the local department head in a <br />grievance or adverse action matter they may file an appeal to the State <br />Personnel Commission not later than thirty (30) days after receipt of <br />notice of the local department head's decision. If the employee is <br />unable to obtain a final decision from the local department head within <br />a reasonable length of time, he may appeal to the State Personnel <br />Commission. <br /> <br />An employee or group of employees alleging discrimination shall file <br />their complaint directly with the State Personnel Commission. The State <br />Personnel Director or any other person or person designated by the <br />Commission shall investigate the disciplinary action or alleged dis- <br />crimination which is appealed to the Commission. The State Personnel <br />Commission may hear the case or direct the State Personnel Director or <br />other person or persons designated by the Commission to conduct a <br />hearing of the facts and issues. If following the investigation and <br />hearing, a settlement is agreed to by both parties, the State Personnel <br />Director or the designated agent shall certify the settlement to the <br />Commission. If following the investigation and hearing, there are <br />issues and facts on which agreement cannot be reached, the Personnel <br />Director or the designated agent shall report his findings to the <br />Commission with his recommendation. The Commission at its next meeting, <br />or as soon as possible thereafter shall consider the report and modify, <br />alter, set aside or affirm said report and certify its findings to the <br />local department head. Decisions which may be made by the Commission <br />include the reinstatement of the employee to the position from which he <br /> <br /> <br />