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Effective: May 10, 2004 DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAI‘I INTERNAL COMPLAINT PROCEDURES This internal complaint procedure is established pursuant to HRS § 76-42, and Chapter 6 of the Rules of the Department of Civil Service, County of Hawai‘i. I. Applicability and Use A. This internal complaint procedure shall be used for filing complaints relating to the following subject matter: 1. Recruitment and examination (to include non-selection from an open-competitive eligible list); 2. Classification and reclassification; 3. Initial pricing of classes; 4. Other employment actions taken under Hawai‘i Revised Statutes, Chapter 76, including disciplinary actions and adverse actions for failure to meet performance requirements taken against civil service employees who are excluded from collective bargaining coverage under Hawai‘i Revised Statutes, Section 89-6; and 5. Other employment actions taken under any law, rule, regulation, or policy. B. This internal complaint procedure shall apply to all Public Works employees and members of the general public as follows: 1. Any individual may file a complaint relating to A1and A5. 2. Only Public Works employees covered by HRS Chapter 76 may file a complaint relating to A2 and A3. 3. Only Public Works employees covered by HRS Chapter 76, who are excluded from collective bargaining, may file a complaint relating to A4. C. If the complaint involves a matter not within the authority of this department to act, the Director shall notify the complainant accordingly and refer the complainant to the appropriate agency, if known. D. If a complaint concerns a matter that is subject to a collective bargaining grievance procedure, the Director shall notify the complainant accordingly, and return the complaint to the complainant. E. If a complainant wishes to dispute whether the complaint is not subject to the jurisdiction of this procedure (having been so informed under I.C or I.D), the complainant shall be instructed to submit the matter to the Hawai‘i Labor Relations Board pursuant to the Board’s rules of practice and procedure.