BC 1984 11 19 - Laserfiche WebLink

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123 answer within the designated period provided in Step 2, an employee may file the grievance with the county manager. The county manager shall hear the grievance appeal and render a decision in writing within five (5) working days. The manager's decision shall be final regarding the grievance. Step Three Adverse Action: General County Employee. In an adverse action case (demotion, dismissal, reduction in pay, layoff or an undesirable transfer or suspension), the general county employee may either appeal to the county manager or to the advisory personnel board. The county manager shall hear the adverse action appeal and render a decision in writing within five (5) working days or may refer the matter to the advisory personnel board. If the manager hears the adverse action appeal, he shall report his decision to the employee and to the Board of County Commissioners within five (5) working days. If a general county employee shall appeal ~an adverse action to the advisory personnel board or if the county manager shall refer an adverse action appeal to the advisory personnel board established in accordance with these rules, the advisory personnel board shall hold a hearing thereon within ten (10) working days. Within five (5) days of the hearing, the advisory personnel board shall render a written advisory opinion to the employee and the manager. The hearing shall be open to the public unless both parties agree that the hearing shall be closed. In a hearing before the advisory personnel board, the county must produce evidence to justify the adverse actions taken by the county regarding the employee. The employee must be given the right at the hearing to examine all the evidence and to cross examine witnesses. The employee has the right to be represented by a person of his choice. The advisory personnel board may hold an executive session for the purpose of making its decision. The advisory opinion of the personnel board shall be forwarded to the employee, the county manager, and the Board of County Commissioners. Competitive Service Employee If a competitive service employee is not satisfied with the Step Two decision or if he fails to receive an answer within a reasonable period of time, he may file the grievance or adverse action appeal with the State Personnel Commission within thirty (30) days after receipt of notice of the local department head's Step Two decision. The request should be filed through the State Personnel Director. The State Personnel Director or any other person or persons designated by the Commission shall investigate the disciplinary action or alleged discrimination which is appealed to the Commission. The State Personnel Commission may hear the case or direct the State Personnel Director or other person or persons designated by the Commission to conduct a hearing of the facts and issues. If following the investigation and hearing a settlement is agreed to by both parties, the State Personnel Director or the designated agent shall certify the settlement to the Commission. If following the investigation and hearing there are issues and facts on which agreement cannot be reached, the State Personnel Director or the designated agent shall report his findings to the Commission with his recommendations. The Commission at its next meeting, or as soon as possible thereafter, shall consider the report and modify, alter, set aside or affirm said report and certify its findings to the appointing authority. Decisions which may be made by the Commission include the reinstatement of an employee to the position from which he has been removed, the employment, promotion, transfer, or salary adjustment of any individual to whom it has been wrong- fully denied, or other suitable action to correct the abuse which may include requirement of payment for any loss of salary which has resulted from the improper discriminatory action of the appointing authority. The decisions of the State Personnel Commission shall be binding in appeals of local employees subject to the State Personnel Act if the