I. PURPOSE

To institute a policy that provides procedures for employees to resolve disputes or complaints concerning the terms and conditions of their employments.

II. POLICY

The department recognizes that every employee has the right to be treated fairly in matters arising from employment and that each employee should have the opportunity to be heard fully any time their right to fair treatment has been violated. That a carefully designed grievance process can help to reduce personnel dissatisfaction, increase morale, identify problems in the organization and increase the positive perception employees have of their employment with the department.

III. DEFINITIONS

Grievance -- complaint filed b y an employee which alleges that there has been a violation, misinterpretation, or misapplication of a specific provision of a personnel law, regulation, rule or policy.

IV. Exclusions

A. These procedures are not applicable for the following types of complaints and remedies should be sought through the appropriate channels.

1. Complaints with respect to classification refer to Part 1, Rule 5, of the county of Hawaii personnel rules and Regulations for appeal procedures to the Civil Service Commission.

2. Complaints with respect to pricing or repricing refer to Section 77-4, Hawaii Revised Statuses as amended, for appeal procedures to the Compensation Appeals Board.

3. Complaints with respect to Rule of the Personnel Director on Hours of Work, Vacation and Other Leaves With Pay, refer to Part IV, A. Rule 5, of the County of Hawaii personnel rules and Regulations for grievance procedures of the Rules of the Director.

4. Complaints with respect to matters under the collective bargaining agreements shall be in accordance with procedures of the applicable collective bargaining unit.

V. GENERAL PROVISIONS

A. An employee may without resorting to formal procedures, discuss informally any problem relating to the employee's conditions of employment with any of the employee's supervisors.

B. In presenting a grievance, employees shall be assured freedom from coercion, discrimination or reprisal.

C. Grievances will be addressed during scheduled working hours without loss of pay to the employee making the grievance. Grievance discussions will be scheduled by the person authorized to hear the grievance within time limits as specified.

D. Grievances may be filed at the lowest level of the grievance procedure with the authority to resolve the grievance. Time limits in such cases shall be the same as in grievances filed through normal procedures.

E. An employee or employees having a grievance and wanting assistance in presenting the grievance may request representation by any person of the employee's choice.

F. Grievances should be described or expressed as clearly and as fully as possible. All of the pertinent facts that serve to explain when, how, where, to whom and why the grievance occurred will be documented.

G. Tentative solutions or answers will be established for each particular grievance.

H. Suggestions will not be handled in the grievance process unless they are related to a specific grievance action.

I. In the event a grievance is not filed or is not appealed by an employee at any step within the specified time limit, the matter will be considered as having been accepted by the employee, or settled on the basis of the last disposition.

J. Any time limit specified in this grievance procedure may be extended by mutual agreement between the aggrieved employee and the appropriate management representative at each step.

K. The department shall furnish the Director of Civil Service a copy of a grievance when initially filed and a copy of the decision at each step of the grievance procedure.

L. Any relevant information in the possession of the department, which withstand conflicting law in privacy interest issues, needed by an employee to investigate and process a grievance shall be provided to the employee within seven (7) working days upon written request.

M. Grievances shall be presented to the appropriate supervisor within twenty (20) working days after occurrence of a violation, or if it concerns an alleged violation within twenty (20) working days after the alleged violation first becomes known or should have become known to the employee involved.

VI. GRIEVANCE PROCEDURES

A. Informal Step

1. An employee who has a grievance shall, whenever possible, within the twenty (20) working day limitation as described in section V., M., meet with the employee's immediate supervisor to discuss the grievance.

2. The immediate supervisor shall make a decision and notify the aggrieved employee of the decision within seven (7) working days from the initial presentation of the grievance.

3. Every effort shall be made by the employee and the immediate supervisor to resolve the grievance at this level.

4. The immediate supervisor shall also notify his/her commander of the grievance and the results.

B. Step One

1. If an employee is not satisfied with the results of the informal grievance, the employee may submit a written statement of the grievance, on a form provided by the Director of Civil Service, to the employee's division head or designee within seven (7) working days from the date of the informal discussion.

2. If the grievance was not discussed informally between the employee and the immediate supervisor, the employee may submit a written statement of the grievance to the division head or designee within the twenty (20) day limitation as described in section V., M.

3. A meeting shall be held between the employee and the division head or designee within seven (7) working days after receipt of the written grievance. Either side may present witnesses. The division head or designee shall submit a written answer to the employee within seven (7) working days after the meeting.

E. Step Two

1. If a grievance is not satisfactorily resolved at Step One, the employee may appeal the grievance in writing to the Police Chief or his designee within seven (7) working days after receiving the written response of the Step One grievance.

2. The Police Chief or his designee need not consider any grievance in Step Two which encompasses different alleged violations or charges other than those presented in Step One.

3. A meeting to discuss the grievance shall be held within seven (7) working days after receipt of the appeal. The Police Chief or his designee shall reply in writing to the aggrieved employee within seven (7) working days after the meeting.

D. Step Three

1. If a grievance is further appealable to the Civil Service Commission under Chapter 76 of the Hawaii Revised Statutes as amended, and the grievance is not satisfactorily resolved at Step Two, the employee may appeal the grievance to the Commission within twenty (20) calendar days after the receipt of the answer at Step Two

a. For purposes of filing appeals to the Commission, the date of the receipt of the Step Two answer shall be considered the date of the receipt of a notice of adverse action by the Police Chief.

b. All appeals to the Commission shall be in writing, and all appeals shall conform to any rules and/or regulations of the Commission.

c. The Commission's disposition of the grievance shall be final and binding on all persons concerned.

2. If the grievance is not adjusted to the satisfaction of an employee within the department and the grievance is not appealable to the Civil Service Commission, the employee may refer the grievance to the Mayor of the County of Hawaii.

a. Such referral shall be made in writing and within fifteen (15) working days from the date of the decision of the Police Chief.

b. The Mayor shall designate within fifteen (15) working days from the receipt of the employee's referral such person or persons as he deems fit to review the grievance.

c. Such person or persons shall submit reports to the Mayor including recommendations for the disposition of the grievances.

d. The Mayor's disposition shall be final and binding on all persons concerned.

JAMES S. CORREA
POLICE CHIEF

(New: 11-08-01)