SJSO Grievances Policy 25.1 PDF

SJSO Grievances Effective Date: 6/30/06 Policy 25.1 Amended Date: 5/08/17 ACCREDITATION STANDARDS CALEA: 22.4.1 a-f, 22.4.2, 22.4.3 CFA: FLA-TAC: 5.08 a-d, 5.12 FCAC: 4.0 5 a-d Discussion: While the SJSO’s policy is to treat all employees in a fair and impartial manner, on occasion employees may fee...

SJSO Grievances Effective Date: 6/30/06 Policy 25.1 Amended Date: 5/08/17 ACCREDITATION STANDARDS CALEA: 22.4.1 a-f, 22.4.2, 22.4.3 CFA: FLA-TAC: 5.08 a-d, 5.12 FCAC: 4.0 5 a-d Discussion: While the SJSO’s policy is to treat all employees in a fair and impartial manner, on occasion employees may feel they have been treated unfairly by fellow employees or Staff. This policy sets forth guidelines as to grievable matters, procedural steps, and time limitations for grievances. [22.4.1] [FCAC 4.05] General [22.4.1, a].1 A grievance may be filed when an employee thinks or feels that the interpretation, application or enforcement of the SJSO rules and regulations, affecting him/her, is unjust or inequitable..2 Grievances shall not be filed against a performance evaluation unless the evaluation is based on factors other than performance. Coordination [22.4.1, b][22.4.2].3 The GNSV Division Director shall coordinate the grievance procedure. Grievance Procedure [22.4.1, a-e] [FCAC 4.05, b][FLA-TAC 5.08, a].4 Grievances shall be resolved in a timely and orderly manner. If the perceived offense has been committed by the employee’s Supervisor, and/or chain of command, the incident may be forwarded to the Undersheriff or the GNSV Division Director..5 If necessary, due to any complexities of the grievance or grievance process, the Sheriff or designee may extend time limits within the process. [22.4.1, e] Supervisor Notification [22.4.1, b][FLA-TAC 5.08, c].6 The employee shall raise the issue with his/her Supervisor within seven (7) calendar days of the incident, question, or complaint. The Supervisor shall investigate the matter and will orally provide an answer within seven (7) calendar days. Grievance Form [22.4.1, d] [FCAC 4.05, a, c][FLA-TAC 5.08, c].7 If the answer is not satisfactory, a written Grievance Form SJSO-019 shall be completed and sent to the Supervisor by the aggrieved employee. The form shall be completed within seven (7) calendar days of the oral response. The written grievance shall contain: A statement of the grievance and the facts. [22.4.1, a] The violation of the rule, regulation, or policy. The remedy or adjustment sought. [FCAC 4.05, d] The signature of the aggrieved and date of submission..8 The Supervisor will acknowledge the receipt of the grievance by noting the time, date, and signing the Grievance Form. The Supervisor shall respond in writing within seven (7) calendar days of receipt of the written grievance. The written response shall contain: [FCAC 4.05, b, c] [FLA-TAC 5.08, b, c] An affirmation or denial of the facts. An analysis of the alleged violation. A statement affirming or denying the allegations. Grievances 25.1, Page 1 of 3.9 The remedy sought and/or adjustment to the remedy. [FCAC 4.05, d] The signature of the Supervisor, time and the date. If the solution is acceptable, the employee will so note on the Grievance Form, sign and return the form to the Supervisor. The Supervisor will forward the form to the GNSV Division Director via chain of command within seven (7) calendar days. [FLA-TAC 5.08, d] Appeals Procedure [22.4.1, a, b, c, e] [FCAC 4.05, d].10 If the grievance is not resolved, the Supervisor/Shift Leader will forward the issue to the Division Director within seven (7) calendar days with a copy to the GNSV Division Director. The Division Director shall review and answer the question, complaint or problem within ten (10) calendar days. If more than ten (10) calendar days pass without notification, the employee is authorized to directly contact the Division Director. This appeal contact must occur within ten (10) more calendar days..11 If the Division Director is not able to give the employee a satisfactory answer, he/she shall arrange for the employee to meet with the Sheriff within ten (10) calendar days. A personal conference with the Sheriff shall be scheduled so that the Sheriff and the employee may exchange viewpoints directly. The Sheriff or designee shall advise the employee of his decision within ten (10) calendar days following the meeting..12 The Sheriff reserves the right to intervene at any step of the grievance procedure, and has final authority. [FLA-TAC 5.08, d].13 If at any time it is deemed that disciplinary action is required, the policy 26.4 Disciplinary Process will be followed. Employee Representation [22.4.1, f].14 Employees represent themselves through the grievance procedure. Employee private attorney representation will only occur at appeal boards. Activities of attorneys are established in the Career Service Act. Maintenance and Control of Grievance Records [22.4.2][FLA-TAC 5.12].15 The GNSV Division Director maintains and controls all grievance records. During each calendar year all incoming grievances are kept in the GNSV Division Director's office in a locked cabinet. Previous years’ grievance files are also kept in the GNSV Division Director’s office in a locked cabinet..16 Once a written Grievance Form SJSO-019 has been generated the appropriate Division Director shall forward a copy of the grievance to the GNSV Division Director..17 The GNSV Division Director will keep a file on all grievances and resolutions..18 The GNSV Division Director shall monitor the progress of each grievance by use of a pending file to ensure the grievance procedure is followed. [FLA-TAC 5.08, d] If the aggrieved employee fails to respond to a reply from the Supervisor or Division Director within the time limit, the GNSV Division Director shall send a written notice to the employee with a copy to the last responding Supervisor advising the employee that the grievance is void and closed. If the aggrieved employee accepts a solution at any step in the process or the Sheriff makes a final decision, the grievance will be considered closed. Grievances 25.1, Page 2 of 3.19 Grievances are confidential, only the Sheriff and Division Directors or others as determined by the Sheriff shall have access to the grievance files. Open Door Policy.20 As an additional protection to employees, the Sheriff has an “Open Door” policy..21 Some problems may be so personal in nature that the employee might prefer to make an appointment to discuss their problems directly with the Sheriff..22 Employees will not be penalized for using the Open Door Policy..23 As a safeguard against possible unfair treatment, the employee is encouraged to use the “Open Door” policy as well as the grievance procedure to make sure there is no blocking of channels of communications..24 The Open Door Policy is not a substitute for the grievance procedure..25 The employees must notify their chain of command when using the Open Door Policy. They will not be asked to disclose the nature of the matter to be discussed. Review of Grievances [22.4.3].26 Annually, the GNSV Division Director ensures an analysis of agency grievances as well as supporting policies and practices is conducted..27 An existing trend may suggest that measures must be taken to reduce the causes of grievances in the future..28 A report of the analysis will be sent to the Sheriff for his review. ____________________________ Sheriff David B. Shoar Grievances 25.1, Page 3 of 3