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September 21, 2009 (Regular Meeting) <br />Page 1596 <br />upward. <br />• Where the employee is a supervisor. <br />Examples: <br />1. If the employee reports directly to the department head, the <br />procedure would begin at Step Two. <br />2. If the department head is the grieving party, the process would <br />start (and end) at Step Three. <br />If an employee has any question as to which step of the procedure they should <br />initiate their grievance or adverse action appeal, they should contact the <br />Human Resources Department for direction. <br />Step One: General County Employee. The employee with a grievance or adverse <br />action appeal shall present the matter in writing to his or her <br />immediate supervisor within 15 calendar days of its occurrence or <br />within 15 calendar days of the time the employee learns of its <br />occurrence, with the objective of resolving the matter informally. <br />In the case of an unlawful workplace harassment grievance involving <br />the employee's supervisor, the employee may skip step one of the <br />grievance procedure. The supervisor should be and is encouraged to <br />consult with any employee or officer deemed necessary to reach a <br />correct, impartial, and equitable determination and shall give the <br />employee an answer in writing as soon as possible, but within 10 <br />calendar days. <br />employee. <br />State Personnel Act Employee. * Same as for a general County <br />Step Two: General County Employee. If the decision is not satisfactory to <br />the employee in Step One, or if he or she fail to receive an answer <br />within the designated period provided in Step One, the employee may <br />file the grievance or adverse action appeal in writing within 10 <br />calendar days with the department head, who shall hear the grievance <br />or adverse action appeal and then render a decision in writing <br />within a maximum of 10 calendar days of the meeting. <br />State Personnel Act Employee. * Same as for general County employees <br />except this is the final step in the grievance or appeal process for <br />employees that have not attained career status. <br />Step Three: General County Employee. If the decision is not satisfactory to a <br />general County employee in Step Two, or if he or she fail to receive <br />an answer within the designated period provided in Step Two, the <br />employee may file the grievance or adverse action appeal with the <br />County Manager. The appeal must be made in writing within 10 <br />calendar days following the decision reached in Step Two. The County <br />Manager shall hear the grievance or adverse action appeal and then <br />render a decision in writing within 10 calendar days of the meeting. <br />The Manager's decision shall be final regarding the grievance or <br />adverse action appeal. <br />State Personnel Act Employee. * If the decision in Step Two is not <br />satisfactory to an employee in a regular position, or if he or she <br />fails to receive an answer within the designated time period <br />provided in Step Two, the employee may continue the appeal in <br />accordance with NCGS 150B-23 by filing a petition with the Office of <br />Administrative Hearings. Requests for the necessary petition form <br />and additional information about the filing of the petition should <br />be directed to: <br />Office of Administrative <br />6719 Mail Service Center <br />Raleigh, North Carolina 27699-6719 <br />Telephone Number (919) 733-2691 <br />The appeal should be filed within 30 calendar days of receipt of the <br />Step Two decision or the end of Step Two designated response time <br />period, whichever is applicable. <br />*Should there be any conflict with North Carolina law or <br />regulations, appeal elements should follow the provisions of the <br />State Personnel Act currently in effect. <br />Section 4. Grievance and Adverse Action Appeal Procedure - Discrimination <br />General County Employee. Any applicant for County employment, County <br />