The following are not grievable issues and are not subject to
the grievance procedure:
A. Performance ratings, unless the overall rating is unsatisfactory
or needs improvement. If the rating of unsatisfactory or needs improvement
results in denial of a merit increase, such denial may be included
in the grievance protesting an overall rating of unsatisfactory or
needs improvement;
B. Position classifications;
C. Any adverse action taken against an employee during that employee's
initial probationary period;
D. Nonselection for a position or promotion;
E. Action terminating a temporary promotion and returning the employee
to the position previously held;
F. Job descriptions, including objectives and critical elements of performance
standards;
G. A separation due to reduction in force from a group of employees
on a retention register and due to lack of funds or abolishment of
position;
H. The content of a policy of the Board of County Commissioners, although
the application of a policy may be grievable.
I. A decision made or action taken by the Board of County Commissioners
or County Administrator; however, disciplinary actions by the County
Administrator other than verbal counseling may be grievable.
J. Action taken by the Director of Personnel in the course of administering
the grievance procedure;
K. Personal conduct of another employee, unless it involves alleged
sexual harassment or workplace violence, in which case a complaint
may be filed in accordance with the Board of County Commissioners'
stated policies and procedures where alleged sexual harassment or
workplace violence is alleged;
M. Lack of a pay increase due to a Board of County Commissioners' decision
not to fund or provide same.
Any full-time merit or full-time grant employee, and any part-time
or part-time grant employee regularly scheduled to work 50% or more
of the normal pay period, who has successfully completed his/her initial
probationary period and thereafter believes that his/her wages, benefits,
working conditions or employment has been improperly affected by an
act or acts of a supervisor or department head contrary to the terms
of this chapter has the right to seek redress of his/her grievance
in the following manner.
Where a timely grievance is filed by an employee of the Office
of Personnel, the Director of Personnel shall recuse himself or herself
from participation in the grievance procedure except as the interested
department head, and the Director's role in the orderly operation
of the grievance procedure shall be assumed and performed by the County
Administrator.
All grievances shall be submitted in writing on the standard
grievance report form available in the Office of Personnel and shall
include the following information:
C. A succinct statement of the reason for the grievance and the section(s)
of this chapter allegedly violated;
D. The date on which the grievance arose;
F. Names of witnesses the grievant plans to ask to testify, if applicable (§
86-10-203A only); and
G. Name of attorney, if the grievant intends to be represented (§
86-10-203A only).
An aggrieved employee shall have the right to have a fellow
employee present during any step of the grievance procedure or to
be represented by an attorney at a grievance board hearing regarding
an involuntary demotion, suspension or termination. The presentation
of any grievance without fear of reprisal shall be considered the
right of each employee.