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September 21, 2009 (Regular Meeting) <br />than recommended. <br />Page 1595 <br />The employee must be given written notice of any disciplinary action. The <br />management representative responsible for the final decision shall issue <br />the written notice to include specific reasons for the action and the <br />employee's right of appeal. <br />Section 6. Employee Appeal <br />Any employee wishing to appeal a disciplinary action may present the matter <br />in accordance with the provisions of the grievance procedure or adverse <br />action appeal prescribed in Article VIII of this ordinance. <br />Article VIII. Grievance Procedure, Discrimination, and Adverse Action Appeal <br />Section 1. Grievance Procedure and Adverse Action Appeal Policy <br />In order to maintain a harmonious and cooperative relationship between the <br />County and its employees, it is the policy of the County to provide for the <br />settlement of problems and differences through an orderly grievance <br />procedure. Every regular employee shall have the right to present his or her <br />problem, grievance or adverse action appeal in accordance with established <br />policy free from interference, coercion, restraint, discrimination, or <br />reprisal. <br />It is the responsibility of supervisors at all levels, consistent with the <br />authority delegated to them, to consider and take appropriate action promptly <br />and fairly on a grievance or adverse action appeal of any employee. <br />In adopting this policy, the County sets forth the following objectives to be <br />attained in this program: <br />• Assure employees of a way in which they can get their problems or <br />complaints considered rapidly, fairly, and without fear of reprisal. <br />• Encourage the employee to express how the conditions of work affect him <br />or her as an employee. <br />• Have better employee understanding of policies, practices, and <br />procedures which affect them. <br />• Provide employees with assurance that actions are taken in accordance <br />with policies. <br />• Provide a check on how policies are carried out by supervisors. <br />• Give supervisors a greater sense of responsibility in their dealings <br />with employees. <br />Section 2. Grievance and Adverse Action - Definitions <br />Grievance. A claim or complaint based upon an event or condition which <br />affects the circumstances under which an employee works, allegedly caused by <br />misinterpretation, unfair application, or lack of established policy <br />pertaining to employment conditions. A grievance might involve alleged safety <br />or health hazards, unsatisfactory physical facilities, surroundings, <br />materials or equipment, unfair or discriminatory supervisory or disciplinary <br />practices, unjust treatment by fellow workers, unreasonable work quotas, or <br />any other grievance relating to conditions of employment. <br />Adverse Action. A suspension, demotion, dismissal, reduction in pay, <br />involuntary transfer or lay off. <br />Section 3. Grievance and Adverse Action Appeal Procedure - Non- <br />Discrimination <br />A regular County employee having a problem or grievance arising out of or due <br />to his or her employment and who does not allege discrimination because of <br />his age, color, disability, national origin, political affiliation, race, <br />religion, or sex shall first discuss the problem or grievance with his or her <br />supervisor. If the issue is not resolved, they should then follow the <br />grievance and adverse action appeal procedure established by the County. The <br />number of steps in this procedure will vary from a minimum of one to a <br />maximum of three, depending upon: <br />• The number of supervisory levels in the department. <br />Example: In a department where the only supervisor is the <br />department head, the procedure would start at Step Two. <br />• At what supervisory level was the decision made/action taken that the <br />employee is grieving. <br />Example: If the department head has made the decision that is being <br />grieved, then the procedure should be initiated at Step Two and move <br />