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Internal Complaint Procedures
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4/24/2013 1:19:56 PM
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<br />II. General Provisions <br />A. This internal complaint procedure shall be exhausted before an appeal is filed with the Merit <br />Appeals Board, except as may be provided in part III-A and III-B. <br />B. Whenever a complaint involves the issue of an employee’s failure to meet performance <br />requirements, the standards outlined in Hawai‘i Revised Statutes, Section 76-41(b), shall be used <br />to decide upon the merits of the complaint. <br />C. In presenting complaints, complainants shall be assured freedom from coercion, discrimination, or <br />reprisal. <br />D. Complainants shall have the right to be represented by a person or persons of the complainant’s <br />choosing at any stage in the presentation of the complainant. <br />E. By mutual agreement time limits within each step of the internal complaint procedure may be <br />extended. <br />F. All proceedings relating to a complaint filed by a person of the general public shall, as far as <br />practicable, be conducted during the hours of 7:45 a.m. to 4:30 p.m., Monday through Friday, at <br />times convenient to the complainant. All proceedings relating to the handling of employee <br />complaints shall be conducted during the employee’s work hours. <br />G. Requests for any relevant information in the possession of the department needed by the <br />complainant to investigate and process a complaint shall be in writing. Upon receipt, the <br />department shall provide the information within five working days. <br />III. Exclusive Considerations and Procedures <br />A. For initial allocation, reallocation, position re-description, and initial pricing issues, the filing of <br />the formal complaint at step 1 of this procedure shall be considered a request for an administrative <br />review as provided by Chapter 4 of the Rules of the Director. The Director or the Director’s <br />designee shall notify the complainant accordingly. <br />B. For a recruitment and examination complaint concerning an action taken by the Department of <br />Civil Service, the filing of the formal complaint at step 1 of this procedure shall be considered as <br />an appeal to the Merit Appeals Board and shall be filed directly to the Merit Appeals Board in <br />accordance with § 104-1 of the Rules of the Civil Service Commission. The Director or the <br />Director’s designee shall notify the complainant accordingly. <br />IV. Required Procedures for Filing of Complaints <br />A. A complaint shall be presented to the appropriate person within 20 working days after the <br />occurrence of the alleged violation, misinterpretation, or misapplication of a specific law, rule, <br />regulation, or policy. If it concerns an alleged continuing violation, misinterpretation, or <br />misapplication, then the complaint shall be presented within 20 working days after the alleged <br />violation, misinterpretation, or misapplication first became known or should have become known <br />to the complainant involved. <br />B. Informal Step. <br />1. The complaint shall, whenever possible, be discussed informally between the <br />complainant and the complainant’s division head, or if the complainant is a member of <br />the public, with the appropriate division head having jurisdiction over the issue of the <br /> <br /> <br />
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