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Home My WebLink About860398.tiff RESOLUTION RE: ACCEPTANCE OF PROCEDURES TO BE USED FOR COMPLAINTS CONCERNING WELD COUNTY' S JOB TRAINING PARTNERSHIP ACT PROGRAM. 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 Governor of the State of Colorado has required that all State agencies which administer programs under the Federal Job Training Partnership Act provide complaint procedures for handicapped discrimination complaints and for any other complaints alleging violations of the rules and regulations of the Job Training Partnership Act, and WHEREAS, the Weld County Department of Human Resources has created the attached procedures , denoted as Exhibit "A" and Exhibit "B, " to be used in the resolution of said complaints. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, 'that the Board accepts the attached procedures , denoted as Exhibit "A" and Exhibit "B, " for the use by the Weld County Department of Human Resources in resolving complaints alleging a violation of the rules and regulations of the Federal Job Training Partnership Act and for handicapped discrimination complaints under said Act. The above and foregoing Resolution was, on motion duly made and seconded , adopted by the following vote on the 28th day of April , A.D. , 1986 . / ^ BOARD OF COUNTY COMMISSIONERS ATTEST: � ."". &(gita {� WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Boa cqu ine 10 n , Chairman By• _ C214%it.l A/ Deputy County Clerk Co . L ro-Tem APPROVED AS TO F M: ene R. Br ntner Gee— County Attorney C. it"by /x/it . .- Frank a .a chi DDD EXHIBIT "A" Job Training Partnership Act Complaint Procedures Weld County Division of Human Resources P. 0. Box 1805; 1516 Hospital Road Greeley, Colorado 80632 (303) 353-0540 This procedure shall be followed for complaints involving the Job Training Partnership Act, based upon a complaint alleging violation of the rules and regulations of the Job Training Partnership Act, but does not allege a violation based on discrimination. Discrimination complaints other than handicap should be referred to the Office of Civil Rights, U. S. Department of Labor. A problem may be raised with the Department Head of the program involved at any time. The Department Head will make every attempt to resolve the problem. The person raising the problem will be advised of the procedures to follow if the person wants to file a complaint. The Complainant will follow the following procedures in the filing of a complaint: Step 1: The Complainant will file the complaint in writing. The Equal Employment Opportunities/Affirmative Action (EEO/AA) Officer will assist the Complainant in completing the form "Notice of Formal Complaint." The filing of an JTPA complaint shall be made within one (1) year of the alleged occurrence, except those alleging fraud or criminal activity. The EEO/AA Officer will offer a written decision setting forth the findings of fact and give the reasons for the decision within ten (10) calendar days of the formal complaint. The EEO/AA Officer will deliver the written decision to the Complainant, the Department Head, and the Personnel/Client Board. Step 2: Upon receipt of this decision, the Complainant may appeal this decision to the Personnel/Client Board within five (5) calendar days after the receipt of the decision by the EEO/AA Officer. The complaint shall be sent to the attention of the Personnel/Client Board. The Personnel/Client Board will conduct a impartial hearing to review the complaint. The Personnel/Client Board will direct the EEO/AA Officer in the preparation and review of a complete file on the case prior to the hearing. The Personnel/Client Board will: a. Direct parties to appear at the hearing; provide notice of the date, time, and place of the hearing at least five (5) calendar days prior to the hearing; the manner in which it will be conducted; and the stipulated issues to be heard. b. Advise all parties that they are able to he represented by counsel or the representative of their choice; they have the opportunity to bring witnesses and documentary evidence. c. Conduct the hearing in accordance with the attached procedures. d. Question witnesses and parties. e. Consider and evaluate the facts, evidence, and arguments to determine credibility. f. Render a decision. The Personnel/Client Board will give a written decision setting forth findings of fact and give the reasons for the decision to the Complainant, the Department Head, and the EEO/AA Officer. The written decision will be presented within fifteen (15) calendar days of the date the Complainant filed his or her appeal of the decision of the EEO/AA Officer. Step 3: The Complainant may appeal the final decision of the Personnel/Client Board within ten (10) calendar days. The Chairman of the Personnel/Client Board, the EEO/AA Officer, the Personnel Director, and the legal advisor shall present the case to the Board of County Commissioners for review. The Board may reverse, sustain, or modify the Personnel/Client Board decision. The Board of County Commissioners' final written decision will be made within sixty (60) days of the receipt of a written formal complaint by the EEO/AA Officer in step 1. All parties shall be notified of the review decision within five (5) calendar days after the review is completed. Step 4: The Complainant may appeal the decision of the County Commissioners within ten (10) calendar days of receipt of the decision to the Governor's Job Training Office. The EEO/AA Officer shall notify the Complainant, in writing, of the appeal process and the address for appeals. NOTE: The identity of all persons who have furnished information relating to a complaint or assisting in the obtaining of facts, shall remain in confidence to the extent possible consistent with a fair determination of the issues. The discrimination Complainants shall be advised of their rights to file their complaints with any other appropriate Federal, State, and local Civil Rights agencies. I have read the above and also had the Job Training Partnership Act Complaint Procedures thoroughly explained to me. Signature of Applicant bate Signature of Witness Date PROCEDURES FOR HEARING BY THE PERSONNEL/CLIENT BOARD A. PURPOSE AND INSTRUCTIONS 1. The purpose of this outline is to provide the Personnel/Client Board with a set of general procedures necessary to conduct its hearings in accordance with due process standards and with the standards set by the State of Colorado for administering the Job Training Partnership Act. If a specific procedure from a directive by the State, a code, an ordinance, or regulation should conflict with any procedure from this general outline, then the specific procedure should be followed. B. PRESENCE OF COMPLAINANT 1. A hearing may be conducted without the personal presence of the Complainant so long as adequate notice has been given. C. REPRESENTATION 1 . The Complainant may be represented by counsel or other individual at the hearing. The Department Head may also be represented by counsel. The Personnel/Client Board has the option of having a legal advisor present at the hearing. D. POSTPONEMENTS AND EXTENSIONS 1. Postponements of hearings and extensions of time may be requested by either party or his designated agent. However, the granting of such postponements or extensions shall be made only upon the showing of good cause and is at the sole discretion of the Presiding Officer. E. PRESIDING OFFICER 1. The Chairman of the Personnel/Client Board shall serve as the Presiding Officer. The Presiding Officer shall ensure that order is maintained and ensure that all participants in the hearing have a reasonable opportunity to be heard and to present oral and documentary evidence. He shall be entitled to determine the order of procedure during the hearing and shall have the opportunity and discretion to make all rulings on questions which pertain to matters of the conduct of the hearing and to admissibility of evidence. F. CONFLICTS OF INTEREST 1. A member of the Personnel/Client Board may withdraw from the hearing at any time if he deems himself disqualified or for any other good reason unless his withdrawal makes it impossible for the Board to render a decision. 2. Upon a timely and good faith objection to any personal bias of any member of the Personnel/Client Board, the Presiding Officer shall forthwith rule upon the objection as part of the record in the case, and shall take any actions he deems appropriate in order to alleviate the personal bias, if so found. Any possible objection to personal bias shall be deemed waived if not made in good faith and in a timely manner as determined by the Presiding Officer. G. RIGHTS OF PARTIES 1. At the hearing, each of the parties shall have the right to: a. Call and examine witnesses. b. Introduce exhibits. c. Cross—examine any witnesses on any matter relevant to the issues. d. Impeach any witness. e. Rebut any evidence. 2. If the person against whom the complaint is made does not testify in his own behalf, he may be called and examined as if under cross-examination. H. PROCEDURE AND EVIDENCE 1. The hearing shall be conducted informally and not subject to strict judicial or technical rules of procedure. A wide latitude in the manner of presenting the respective positions should be afforded the parties. Evidence presented at the hearing may include the following: a. Oral testimony of witnesses. b. Briefs, memoranda, or other related information. c. Any material contained in the Department files regarding the person involved. d. Any other relevant material. 2. Each party shall, prior to or during the hearing, be entitled to submit memoranda concerning any matters being considered by the Personnel/Client Board. Such memoranda shall become a part of the hearing record. 3. The Personnel/Client Board may receive and consider evidence not admissible under the standard rules of evidence, if such evidence possesses probative value commonly acceptable by reasonable and prudent men in the conduct of their affairs. 'Y X9.2 CC .. 4. The Presiding Officer may exclude unduly repetitious evidence. 5. Objections to evidentiary offers may be made and shall be noted in the record. I. SPECIFIC PROCEDURES 1 . Call the Personnel/Client Board to order and take roll. 2. Announce the matter to be heard. Determine whether all parties involved in the matter to be heard are present and that all such persons are ready to proceed. 3. Call the Complainant or his representative to proceed with his case. a. He may give a short statement of his case, summarizing his position. b. He may present witnesses on direct examination. The witnesses will each then be subject to cross-examination by the other party and may be questioned by the Personnel/Client Board. The Complainant or his representative may then question his witnesses on any new matters brought up on cross-examination. c. He may introduce exhibits. 4. After the Complainant or his representative has presented his case in chief, the other party is called to proceed, and he shall present his case in the same manner as the Complainant. 5. The Complainant may then rebut any matter brought out in the other party's case. 6. The members of the Personnel/Client Board may examine any witnesses, call any additional witnesses for examination, and request the submission of any exhibits. J. BURDEN OF PROOF 1. The Complainant shall have the burden of proving his case by a "preponderance of the evidence." Likewise, the Department Head shall have the burden of proving any affirmative defenses by a "preponderance of the evidence." "Preponderance of the evidence" is defined as that evidence which is most convincing and satisfying in the controversy between the parties, regardless of which party may have produced such evidence. Colorado Jury Instruction 2d, Section 3:1(4) . K. RECORD OF HEARING 1. A record of the hearing shall be kept that is of sufficient accuracy to permit an informed and valid judgment to be made by any person that may later be called upon to review the record and render a recommendation or decision in the matter. The Personnel/Client Board shall select a method to be used for making the record and this may be accomplished by use of a court reporter, or electronic recording unit, or detailed transcription or by taking detailed minutes. If the Board selects a method other than a court reporter and the Department Head requests' that a court reporter be used, then the requesting party shall pay the costs of the use of the court reporter. L. RECORDS AND ADJOURNMENT 1.it The Personnel/Client Board may recess the hearing and reconvene the same for the convenience of the parties or for the purpose of obtaining new or additional evidence or consultation. Upon the conclusion of the presentation of oral and written evidence, the hearing shall be closed. The Board may thereupon, at a time convenient to itself, conduct its deliberations outside the presence of the parties. Upon conclusion of its deliberations, the hearing shall be declared finally adjourned. M. FINDINGS AND DECISION 1. Within the time limit prescribed by the procedures specific to the complaint, the Personnel/Client Board shall make a written report of its findings and decisions in the matter and submit the same to the Complainant and Department Head. The decision shall be supported in the report by a concise statement citing the basis of its decision. The decision shall be based upon evidence produced at the hearing and may be announced orally and reduced to writing in accordance with this section. N. NOTICE 1. Notice of the Grievance Hearing shall be sent by certified mail, return receipt requested, to the Complainant at least eight (8) calendar days prior to the date of the hearing. Said notice shall be effective upon the date of mailing. Notice may also be served upon the parties by the EEO/AA officer; however, the Complainant must receive said notice at least five (5) calendar days prior to the hearing. 2. Notice shall include the following: a. The specific circumstances of the complaint; and b. The time, date, and place of the Personnel/Client Board hearing on the complaint. EXHIBIT "B" Job Training Partnership Act Handicap Discrimination Complaint Procedures Weld County Division of Human Resources P. O. Box 1805; 1516 Hospital Road Greeley, Colorado 80632 (303) 353-0540 This procedure shall be followed for complaints involving the Job Training Partnership Act, bases upon a complaint which alleges that a person was discriminated against because of handicap. A handicap discrimination complaint may be raised with the Department Head of the program involved at any time. The Department Head will make every attempt to resolve the problem. The person raising the problem will be advised of the procedures to follow if the person wants to file a complaint. The Complainant will follow the following procedures in the filing of a complaint: Step 1: The Complainant will file the complaint in writing. The Equal Employment Opportunities/Affirmative Action (EEO/AA) Officer will assist the Complainant in completing the form "Notice of Formal Complaint." The filing of a JTPA handicap discriminatory complaint shall be made within one-hundred eighty (180) calendar days of the alleged occurrence, unless the time for filing has been extended by the Assistant Secretary of the United States Department of Labor. The EEO/AA Officer will inform the Colorado Governor's Job Training Office of the formal filing of the handicap discrimination complaint. The Complaint shall immediately be sent to the attention of the Personnel/Client Board by the EEO/AA Officer. Step 2: The Personnel/Client Board must conduct an impartial hearing to review the handicap discrimination complaint within thirty (30) days of its filing. The impartial Personnel/Client Board will direct the EEO/AA Officer in the preparation and review of a complete file on the case prior to the hearing. The Personnel/Client Board will: a. Direct parties to appear at the hearing; provide notice of the date, time, and place of the hearing at least five (5) calendar days prior to the hearing; the manner in which it will be conducted; and the stipulated issues to be heard. b. Advise all parties that they are able to be represented by counsel or the representative of their choice; they have the opportunity to bring witnesses and documentary evidence. c. Conduct the hearing in accordance with the attached procedures. d. Question witnesses and parties. e. Consider and evaluate the facts, evidence, and arguments to determine credibility. f. Render a decision. The Personnel/Client Board will give a written recommended decision setting forth findings of fact and give the reasons for the decision to the Complainant, the Department Head, and the EEO/AA Officer. The written recommended decision must be presented within forty-five (45) calendar days of the date the Complainant filed his or her handicap discrimination complaint with the EEO/AA Officer. The EEO/AA Officer must then mail the recommended decision to the Governor of the State of Colorado, and such mailing must be postmarked no later than forty-fifth (45th) day of the filing of the complaint. Step 3: The Governor of the State of Colorado will issue a final decision within sixty (60) days of the date that the Complainant filed his or her handicap discrimination complaint with the EEO/AA Officer. The Governor's final decision will be in writing and will be sent via certified mail to the Complainant and to the Department Head, the EEO/AA Officer, and the Personnel/Client Board. Step 4: The Complainant may appeal the decision of the Governor in the State of Colorado to the Assistant Secretary of the United States Department of Labor within thirty (30) calendar days of the date of the Governor's decision. The EEO/AA Officer shall notify the Complainant, in writing, of the appeal process and the address for appeals. NOTE: The identity of all persons who have furnished information relating to a complaint or assisting in the obtaining of facts, shall remain in confidence to the extent possible consistent with a fair determination of the issues. The handicap discrimination Complainants shall be advised of their rights to file their complaints with any other appropriate Federal, State, and local Civil Rights agencies. I have read the above and also had the Job Training Partnership Act Handicap Discrimination Complaint Procedures thoroughly explained to me. Signature of Applicant Date Signature of Witness Date PROCEDURES FOR HEARING BY THE PERSONNEL/CLIENT BOARD A. PURPOSE AND INSTRUCTIONS 1 . The purpose of this outline is to provide the Personnel/Client Board with a set of general procedures necessary to conduct its hearings in accordance with due process standards and with the standards set by the State of Colorado for administering the Job Training Partnership Act. If a specific procedure from a directive by the State, a code, an ordinance, or regulation should conflict with any procedure from this general outline, then the specific procedure should be followed. B. PRESENCE OF COMPLAINANT 1. A hearing may be conducted without the personal presence of the Complainant so long as adequate notice has been given. C. REPRESENTATION 1. The Complainant may be represented by counsel or other individual at the hearing. The Department Head may also be represented by counsel. The Personnel/Client Board has the option of having a legal advisor present at the hearing. D. POSTPONEMENTS AND EXTENSIONS 1. Postponements of hearings and extensions of time may be requested by either party or his designated agent. However, the granting of such postponements or extensions shall be made only upon the showing of good cause and is at the sole discretion of the Presiding Officer. E. PRESIDING OFFICER 1. The Chairman of the Personnel/Client Board shall serve as the Presiding Officer. The Presiding Officer shall ensure that order is maintained and ensure that all participants in the hearing have a reasonable opportunity to be heard and to present oral and documentary evidence. He shall be entitled to determine the order of procedure during the hearing and shall have the opportunity and discretion to make all rulings on questions which pertain to matters of the conduct of the hearing and to admissibility of evidence. F. CONFLICTS OF INTEREST 1. A member of the Personnel/Client Board may withdraw from the hearing at any time if he deems himself disqualified or for any other good reason unless his withdrawal makes it impossible for the Board to render a decision. 2. Upon a timely and good faith objection to any personal bias of any member of the Personnel/Client Board, the Presiding Officer shall forthwith rule upon the objection as part of the record in the case, and shall take any actions he deems appropriate in order to alleviate the personal bias, if so found. Any possible objection to personal bias shall be deemed waived if not made in good faith and in a timely manner as determined by the Presiding Officer. G. RIGHTS OF PARTIES 1. At the hearing, each of the parties shall have the right to: a. Call and examine witnesses. b. Introduce exhibits. c. Cross-examine any witnesses on any matter relevant to the issues. d. Impeach any witness. e. Rebut any evidence. 2. If the person against whom the complaint is made does not testify in his own behalf, he may be called and examined as if under cross-examination. H. PROCEDURE AND EVIDENCE 1 . The hearing shall be conducted informally and not subject to strict judicial or technical rules of procedure. A wide latitude in the manner of presenting the respective positions should be afforded the parties. Evidence presented at the hearing may include the following: a. Oral testimony of witnesses. b. Briefs, memoranda, or other related information. c. Any material contained in the Department files regarding the person involved. d. Any other relevant material. 2. Each party shall, prior to or during the hearing, be entitled to submit memoranda concerning any matters being considered by the Personnel/Client Board. Such memoranda shall become a part of the hearing record. 3. The Personnel/Client Board may receive and consider evidence not admissible under the standard rules of evidence, if such evidence possesses probative value commonly acceptable by reasonable and prudent men in the conduct of their affairs. 4. The Presiding Officer may exclude unduly repetitious evidence. 5. Objections to evidentiary offers may be made and shall be noted in the record. I. SPECIFIC PROCEDURES 1 . Call the Personnel/Client Board to order and take roll. 2. Announce the matter to be heard. Determine whether all parties involved in the matter to be heard are present and that all such persons are ready to proceed. 3. Call the Complainant or his representative to proceed with his case. a. He may give a short statement of his case, summarizing his position. b. He may present witnesses on direct examination. The witnesses will each then be subject to cross-examination by the other party and may be questioned by the Personnel/Client Board. The Complainant or his representative may then question his witnesses on any new matters brought up on cross-examination. c. He may introduce exhibits. 4. After the Complainant or his representative has presented his case in chief, the other party is called to proceed, and he shall present his case in the same manner as the Complainant. 5. The Complainant may then rebut any matter brought out in the other party's case. 6. The members of the Personnel/Client Board may examine any witnesses, call any additional witnesses for examination, and request the submission of any exhibits. J. BURDEN OF PROOF 1. The Complainant shall have the burden of proving his case by a "preponderance of the evidence." Likewise, the Department Head shall have the burden of proving any affirmative defenses by a "preponderance of the evidence." "Preponderance of the evidence" is defined as that evidence which is most convincing and satisfying in the controversy between the parties, regardless of which party may have produced such evidence. Colorado Jury Instruction 2d, Section 3:1(4) . K. RECORD OF HEARING 1. A record of the hearing shall be kept that is of sufficient accuracy to permit an informed and valid judgment to be,made. y any person that may later be called upon to review the record and render a recommendation or decision in the matter. The Personnel/Client Board shall select a method to be used for making the record and this may be accomplished by use of a court reporter, or electronic recording unit, or detailed transcription or by taking detailed minutes. If the Board selects a method other than a court reporter and the Department Head requestd that a court reporter be used, then the requesting party shall pay the costs of the use of the court reporter. L. RECORDS AND ADJOURNMENT 1.4 The Personnel/Client Board may recess the hearing and reconvene the same for the convenience of the parties or for the purpose of obtaining new or additional evidence or consultation. Upon the conclusion of the presentation of oral and written evidence, the hearing shall be closed. The Board may thereupon, at a time convenient to itself, conduct its deliberations outside the presence of the parties. Upon conclusion of its deliberations, the hearing shall be declared finally adjourned. M. FINDINGS AND DECISION 1. Within the time limit prescribed by the procedures specific to the complaint, the Personnel/Client Board shall make a written report of its findings and decisions in the matter and submit the same to the Complainant and Department Head. The decision shall be supported in the report by a concise statement citing the basis of its decision. The decision shall be based upon evidence produced at the hearing and may be announced orally and reduced to writing in accordance with this section. N. NOTICE 1. Notice of the Grievance Hearing shall be sent by certified mail, return receipt requested, to the Complainant at least eight (8) calendar days prior to the date of the hearing. Said notice shall be effective upon the date of mailing. Notice may also be served upon the parties by the EEO/AA officer; however, the Complainant must receive said notice at least five (5) calendar days prior to the hearing. 2. Notice shall include the following: a. The specific circumstances of the complaint; and b. The time, date, and place of the Personnel/Client Board hearing on the complaint. 4. The Presiding Officer may exclude unduly repetitious evidence. 5. Objections to evidentiary offers may be made and shall be noted in the record. I. SPECIFIC PROCEDURES 1. Call the Personnel/Client Board to order and take roll. 2. Announce the matter to be heard. Determine whether all parties involved in the matter to be heard are present and that all such persons are ready to proceed. 3. Call the Complainant or his representative to proceed with his case. a. He may give a short statement of his case, summarizing his position. b. He may present witnesses on direct examination. The witnesses will each then be subject to cross-examination by the other party and may be questioned by the Personnel/Client Board. The Complainant or his representative may then question his witnesses on any new matters brought up on cross-examination. c. He may introduce exhibits. 4. After the Complainant or his representative has presented his case in chief, the other party is called to proceed, and he shall present his case in the same manner as the Complainant. 5. The Complainant may then rebut any matter brought out in the other party's case. 6. The members of the Personnel/Client Board may examine any witnesses, call any additional witnesses for examination, and request the submission of any exhibits. J. BURDEN OF PROOF 1. The Complainant shall have the burden of proving his case by a "preponderance of the evidence." Likewise, the Department Head shall have the burden of proving any affirmative defenses by a "preponderance of the evidence." "Preponderance of the evidence" is defined as that evidence which is most convincing and satisfying in the controversy between the parties, regardless of which party may have produced such evidence. Colorado Jury Instruction 2d, Section 3: 1(4) . K. RECORD OF HEARING 1 . A record of the hearing shall be kept that is of sufficient accuracy to permit an informed and valid judgment to be made by Hello