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HomeMy WebLinkAboutInternal Complaint Procedures 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. II. General Provisions A. This internal complaint procedure shall be exhausted before an appeal is filed with the Merit Appeals Board, except as may be provided in part III-A and III-B. B. Whenever a complaint involves the issue of an employee’s failure to meet performance requirements, the standards outlined in Hawai‘i Revised Statutes, Section 76-41(b), shall be used to decide upon the merits of the complaint. C. In presenting complaints, complainants shall be assured freedom from coercion, discrimination, or reprisal. D. Complainants shall have the right to be represented by a person or persons of the complainant’s choosing at any stage in the presentation of the complainant. E. By mutual agreement time limits within each step of the internal complaint procedure may be extended. F. All proceedings relating to a complaint filed by a person of the general public shall, as far as practicable, be conducted during the hours of 7:45 a.m. to 4:30 p.m., Monday through Friday, at times convenient to the complainant. All proceedings relating to the handling of employee complaints shall be conducted during the employee’s work hours. G. Requests for any relevant information in the possession of the department needed by the complainant to investigate and process a complaint shall be in writing. Upon receipt, the department shall provide the information within five working days. III. Exclusive Considerations and Procedures A. For initial allocation, reallocation, position re-description, and initial pricing issues, the filing of the formal complaint at step 1 of this procedure shall be considered a request for an administrative review as provided by Chapter 4 of the Rules of the Director. The Director or the Director’s designee shall notify the complainant accordingly. B. For a recruitment and examination complaint concerning an action taken by the Department of Civil Service, the filing of the formal complaint at step 1 of this procedure shall be considered as an appeal to the Merit Appeals Board and shall be filed directly to the Merit Appeals Board in accordance with § 104-1 of the Rules of the Civil Service Commission. The Director or the Director’s designee shall notify the complainant accordingly. IV. Required Procedures for Filing of Complaints A. A complaint shall be presented to the appropriate person within 20 working days after the occurrence of the alleged violation, misinterpretation, or misapplication of a specific law, rule, regulation, or policy. If it concerns an alleged continuing violation, misinterpretation, or misapplication, then the complaint shall be presented within 20 working days after the alleged violation, misinterpretation, or misapplication first became known or should have become known to the complainant involved. B. Informal Step. 1. The complaint shall, whenever possible, be discussed informally between the complainant and the complainant’s division head, or if the complainant is a member of the public, with the appropriate division head having jurisdiction over the issue of the complaint. The informal discussion shall be held within the 20 working day limitation as provided in IV-A above. 2. The division head shall render a written decision on the informal complaint within seven (7) working days from the date of the informal discussion. a. The decision shall include a statement informing the complainant that the complainant may submit a formal written complaint to the Director pursuant to these procedures, if the complainant is not satisfied with the results of the informal step. 1) The complainant shall be notified that the written complaint must be filed within seven (7) working days from the date of receipt of the informal written decision. 2) A copy of the Department of Public Works Internal Complainant Form shall be provided to the complainant together with the written decision. C. Step 1 – Director 1. If the complainant is not satisfied with the results of the informal step, the complainant may submit a written statement of the complaint to the Director. The complaint shall be submitted on the Department of Public Works Internal Complaint Form within seven (7) working days from the date of receipt of the informal decision. 2. If the complainant does not utilize the informal step of the procedure, the complainant shall submit the written statement of the complaint to the Director within the 20 working day limitation provided for by IV-A above. 3. The Director shall offer the complainant an opportunity to meet within seven (7) working days after receipt of the complaint at step 1. 4. The Director shall respond to the complaint in writing within seven (7) working days after the step 1 meeting. The written response shall include a statement informing the complainant that the complainant may appeal the step 1 decision to the Mayor or designee pursuant to these procedures, if the complainant is not satisfied with the decision. The complainant shall also be informed that the appeal to the Mayor or designee must be submitted in letterform within seven (7) working days after receipt of the step 1 decision. D. Step 2 – Mayor or Designee 1. If the complainant is not satisfied with the results of the complaint at step 1, the complainant may appeal the step 1 decision to the Mayor or designee within seven (7) working days from the date of receipt of the step 1 decision. 2. The Mayor or the Mayor’s designee shall offer the complainant an opportunity to meet within seven (7) working days after receipt of the appeal at step 2. 3. The Mayor or the Mayor’s designee shall respond to the complaint in writing within seven (7) working days after the step 2 meeting. E. Appeal to Merit Appeals Board If the subject matter of the complaint relates to an employment action taken under Hawai‘i Revised Statutes, Chapter 76, including disciplinary actions and adverse actions for failure to meet performance requirements taken against employees who are excluded from collective bargaining, the complainant may appeal the Mayor’s decision to the Merit Appeals Board in accordance with § 104-1 of the Rules of the Civil Service Commission. For the purposes of filing the appeal to the Merit Appeals Board, the date of receipt of the Mayor’s decision shall be considered the date of receipt of notice of the adverse action. F. Subject Matter Not Under Jurisdiction of Merit Appeals Board If the subject matter of the complaint is not within the jurisdiction of the Merit Appeals Board, the Mayor’s decision shall be final and binding on all persons concerned.