HomeMy WebLinkAbout780913.tiff RESOLUTION
RE: ACCEPTANCE OF THE NEW WELD COUNTY PERSONNEL MANUAL GRIEVANCE
PROCEDURE AND RESCINDING OF THE ORIGINAL PROCEDURE.
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners desires to adopt
a new Grievance Procedure into the Weld County Personnel Manual,
as set forth in Exhibit "A" attached hereto and incorporated
herein by this reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado, that the Weld County
Personnel Manual Grievance Procedure presently in effect, be,
and hereby is rescinded, and
BE IT FURTHER RESOLVED by the Board of County Commissioners
that the attached Grievance Procedure be, and hereby is , approved,
as set forth in the attached Exhibit "A" which is to be incor-
porated herein by this reference .
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 18th day of
January, A.D. , 1978 .
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: A
Weld County Clerk and Recorder - �1;,e,/ / ‘',7221: z
3nd,Clerk to the Boa
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Deputy County Cle �
AP4EOVEH AS TO FORM: l tvc...,�vc CU i ,-c
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County Attorney
Date Presented: January 23 , 1978
r 780913
GRIEVANCE PROCEDURE JIIBIT A
Grievance Procedure
Employees should discuss with their immediate supervisor their grievance in-
volving:
A. Pay, benefits, and working conditions.
B. Discipline other than reprimands.
If the immediate supervisor cannot satisfactorily resolve the problems, the
employee may appeal directly to the Department Head. If the Department
Head cannot resolve the problem to the employee's satisfactions the employee
may appeal the matter to the County Personnel Board.
In filing a grievance with the County Personnel Board the employee will pre-
pare a written report that clearly states his side of the case, which must in-
clude his specific reason(s) for appealing the action, the specific facts as
he knows them, documentation to substantiate these facts and the reasons why
he feels his supervisor and Department Head did not solve his problems.
The employee will personally submit the written record to the Director of
Personnel within 10 working days from his notification to the Department
Head that he does 'not accept the Department Head's solution to his problems.
The Personnel Director will attempt to mediate the differences. If he is
not able to the Personnel Director has 10 working days from receipt to set
a Board date, notify the employee and Department Head of the Board hearing.
The Department Head will present his position to the Board and the employee
will present his side of the issue. The Board may call any witnesses or
request written documentation that they feel will enable them to make a fair
and proper decision in the case at hand. The Board will render a decision
in writing to the Personnel Director within 10 working days from the date the
case was submitted to the Personnel Board.
Page 2
The Personnel Director will furnish a copy of the decision to the employee
and to the Department Head within five working days from receipt from the
Board. The employee and the Department Head will within 10 working days
submit in writing to the Personnel Director either acceptance of the Board's
decision or non-acceptance. If non-acceptance, a reason shall be included and
any additional information or facts that bear on the case.
The Personnel Director, the Legal Advisor, and the Chairman of the Personnel
Board shall within 10 days of rece ' of non-acceptance by either side pre-
sent the case to the County Commissioners for review. They may reverse, sus-
tain or modify Personnel Board decision.
All parties will be notified of the review decision within five working days
after the review is completed.
The decision by the County Commissioners is final .
County Personnel Board
The Personnel Board is appointed by the Weld County Board of Commissioners and
will be composed of seven voting and two non-voting members. The two non-voting
members are: The Personnel Director who will act as the Recorder to the Board,
and the County Attorney who will act as the Legal Advisor to the Board. The
seven voting members will consist of two Department Heads, (either elected or
non-elected) , and one from middle management. These three members to be selec-
ted by the Board of Commissioners. Their term of office should be for a period
of two years, with no more than two members terms expiring in any one year. Four
members to be elected by the employees, one from the Health Department, one from
Human Resources Department, one from Road and Bridge and one from the Centennial
Center. Their term of o-fice is for a period of two years, with no more than
two members terms expiring in anyone year. The Chairman of the Personnel Board
should be appointed by the Weld County Board of County Commissioners and shall
-- Page 3
serve for the length of his current term as a Board member.
The County Attorney's office shall draft the rules of Procedure which the
Board shall consider and adopt. The Board is authorized to call witnesses,
request disposition and gather any other information they require that will
result in a fair and impartial hearing.
mEmoRAnDum
IIIIDeTo Tom Dority & June Steinmark Date January 10, 1978
COLORADO From Dick Barrett. Personnel Director
Subject: Grievance Procedure
Reference your memo of November 30, 1977 and our recent experience with the
County Grievance Procedure. I would recommend that our who Grievance Pro-
cess be changed to solve many of the problems that now exist.
Some of the major problems with our current procedures are:
A. By having the County Attorney' s Office involved as the Appeals Officer
at the first stage of an appeal puts that office in an extremely dif-
ficult position. The County Attorney's Office is the Legal Advisor to
the Board of Commissioners and the Department Heads, once his office has
made a decision as the initial Appeals Officer we have in effect comp-
rimised his position as the County Attorney. If in fact the Personnel
Board or Board of Commissioners reverses the Appeals Officer' s decision
and the employee sues the County, the County Attorney would be in a very
difficult position and would most likely recommend the use of an outside
attorney.
B. There are no provisions for a Department Head to appeal an action by the
Appeals Officer.
C. The gahtering of facts and placing them into a written document are dif-
ficult. There are cases that items that appear to the investigator to
be minor points or have no bearing on the case are left out.
Attached is a recommendation for a new Grievance Procedure for Weld County. It
takes care of the omissions and problems with our current procedure. It pro-
vides a fair and equitable hearing for all parties to a grievance. I recommend
that it be adopted as the grievance system for employees of Weld County.y
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