HomeMy WebLinkAboutAMENDED EMPLOYEE APPEALS AND DISPUTE RESOLUTION POLICY Employee Appeals and Dispute Resolution 12.0 #4 September 4,2018
1.0 POLICY SUMMARY
This policy provides direction and authority to resolve employment related disputes. Each party
shall seek guidance from the Human Resources Department regarding such disputes.
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2.0 POLICY STATEMENT:
A. General
It is the policy of Augusta,Georgia to facilitate the fair, equitable and timely resolution of disputes
arising from employment with Augusta, Georgia. The goal of the dispute resolution process is for
the parties to the dispute to exchange and review information in order to determine whether
revision or rescission is warranted of an employment action, corrective action, discharge or other
end of employment, or other application of policy, ("covered employment dispute").
INTERNAL
With all disputes an employee is encouraged initially to attempt to resolve the issue with his or her
immediate supervisor with advice and counsel from the Human Resources Department, (Step 1),
although this is not required and does not extend the deadline for filing a written complaint.
Page 1 of 5
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Employee Appeals and Dispute Resolution 12.0 #4 September 4,2018
Non Substance Abuse Terminations
Department directors have the authority to make termination decisions for employees
within their department. (Step 2). A decision rendered by a Department Director is final
unless the employee timely appeals to the Administrator's Office.
Appeals to Administrator(Step 3)
An employee who has been terminated may file an appeal to the Administrator within five
(5) days after the date of the termination if he or she disputes the termination. The
Administrator should render a decision on the appeal within ten (10) days from the date of
the employee's appeal to the Administrator. The Administrator may,but is not required to,
meet with the employee and/or the Department Director prior to rendering a decision. If
the Administrator upholds the termination decision, such decision is final unless the
employee timely appeals to the Personnel Board ("Board"). The Administrator may
reverse the termination decision or may reduce the termination to a lessor form of
discipline.
Appeals to the Board(Step 4)
The Personnel Board will be composed of twelve(12) individuals, one appointee for each
Commissioner and two (2) legislative delegation appointments. In order to be qualified to
serve on the Board, an individual should have (but is not required to have) professional or
academic experience in employment relations and cannot be an employee of the Augusta,
Georgia government.
An employee who is terminated for a non-substance abuse reason may file an appeal to the
Board within five(5)days after the date of the decision of the Administrator upholding the
termination. Within thirty (30) days from the date of the employee's appeal to the Board,
a hearing shall be scheduled. Once a hearing is scheduled, each party may request a con-
tinuance if appropriate,but no party can request more than two (2)continuances during the
course of an appeal.
The Board shall render a written decision, which sets forth evidentiary reasons for the de-
cision, within five (5)business days of the close of the hearing. The decision of the Board
shall be in writing which shall set forth the reasons for its decision regarding the dispute.
All appeals to the Board shall be resolved within sixty(60) days from the date of the filing
of the appeal. If the appeal is not resolved by the Personnel Board within sixty (60) days
from the date of the filing of the appeal, the termination shall be upheld. The Board shall
only have the authority to uphold the termination or to reverse it. When appearing before
the Board, employees are responsible for any expenses incurred by them. The decision of
the Personnel Board is the final step of the dispute process for non-substance abuse termi-
nations.
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Employee Appeals and Dispute Resolution 12.0 #4 September 4, 2018
Substance Abuse Terminations
Ifthe Department Review does not resolve a substance abuse termination,employ-
ees terminated pursuant to the substance abuse policies may appeal to the Admin-
istrator's office (Step 3) who will have final internal authority to resolve the dis-
pute. Step 4 does not apply to terminations resulting from violations ofthe sub-
stance abuse policies of Augusta, Georgia.
Suspensions/Demotions
If the Department Review does not resolve a suspension/demotion dispute it may be
appealed to the Administrator's office who will have final internal authority to re-
solve the dispute (Step 3). Step 4 does not apply to suspension/demotion appeals.
Other Disputes
Other disputes within the scope of this policy (see Scope below) are to be resolved
at the departmental level. If informal discussions cannot resolve a covered employ-
ment dispute that does not involve allegations of unlawful discrimination or harass-
ment, it should be submitted to the employee's chain of command, to be addressed,
in accordance with department procedure, by a manager(s) who was not involved in
the dispute ("Department Review"). Steps 3 and 4 do not apply to disputes that do
not involve termination, suspension or demotion.The final step for these disputes is
with the department director.
EXTERNAL
Disputes that are not resolved through the Equal Employment Opportunity Complaint Resolution
Procedures or at the Administrator's Office or at the Personnel Board may be resolved in a court
of law or through alternative dispute resolution.
This Policy does not preclude an employee from filing an administrative complaint with a state or
federal government agency.
B. Retaliation
An employee who files a complaint or participates in the complaint process shall not be retaliated
against for such conduct.
C. Scope
1. Disputes Within the Scope of this Policy
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Employee Appeals and Dispute Resolution 12.0 #4 September 4,2018
A complaint is a written claim by an employee regarding a specific management
action(s) that is alleged to have:
a. adversely affected that employee's existing terms and conditions of
employment in a material way, and
b.violated a provision of the Personnel Policies or Procedures or
c. constituted unlawful discrimination or harassment
2. Disputes Outside the Scope of this Policy
a.Concerns or inquiries regarding classification standards,benefits,salary rates for
job titles, salary ranges for job classifications, or the contents of the personnel
policies. These concerns or inquiries may be submitted to Human Resources for
consideration.
b.With the exception of a corrective salary decrease (which is within the scope of
this policy), concerns or inquiries regarding an individual employee's rate of pay
or change in rate of pay, unless the employee's complaint alleges that the action
was taken for unlawful discriminatory or retaliatory reasons in violation of the
Equal Employment Opportunity Policy. These concerns or inquiries may be
submitted to Human Resources and/or the Office of Compliance for consideration.
c.A request for review of a decision on the classification of a position.
d. A management action taken pursuant to a policy or procedure, unless the
complaint alleges that the action was taken violated the terms of the policy or
procedure, or for unlawful discriminatory or retaliatory reasons.
3.0 COMPLIANCE RESPONSIBILITIES
Human Resources is responsible for this policy and has the authority to implement the policy. The
Human Resources Director may apply appropriate interpretations to administer and clarify the
policy provided that the interpretations do not result in substantive changes to the underlying
policy.
4.0 PROCEDURES TO IMPLEMENT POLICY
Human Resources may develop procedures or other supplementary information to support the
implementation of this policy. Such supporting documentation requires the approval of the
Administrator.
5.0 APPLICABILITY
This Policy is applicable to all full-time Augusta, Georgia employees except SES employees.
6.0 DEFINITIONS
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•
•
Id t {.Y t Si 1 1
Employee Appeals and Dispute Resolution 12.0 #4 September 4,2018
A. Unlawful discrimination - an employment decision made in whole or in part on a status
protected by law or Augusta's Equal Employment Opportunity Policy.
B. Unlawful Harassment - Unwelcome conduct involving any status protected by law or
Augusta, Georgia's Equal Opportunity Policy which has the effect of unreasonably
interfering with the terms and conditions of employment of an Augusta,Georgia employee.
C. Termination dispute- A complaint by an employee that his or her employment with
Augusta, Georgia was terminated unlawfully or in violation of Augusta, Georgia policy.
D. Compliance Office -Monitors all activity to insure that no person will encounter unlawful
discrimination and/or harassment in employment.
E. Internal resolution — Attempts to resolve the dispute within the authority of Augusta,
Georgia. Steps 1 through 4 of the Employee Appeals and Resolution Policy.
F. External resolution—Independent agencies outside the jurisdiction of Augusta, Georgia.
G. Covered Employment Dispute - Except as set forth in section 2.0, C 2, any employment
action taken by Augusta, Georgia, including corrective action, discharge or other end of
employment action, or other application of Augusta, Georgia's Personnel Policies and
Procedures.
H. Personnel Board ("Board") -The Board will be composed of twelve (12) individuals, one
appointee for each Commissioner and two(2)legislative delegation appointments. In order
to be qualified to serve on the Board an individual should (but is not required to) have
professional or academic experience in employment relations and not be an employee of
the Augusta, Georgia government.
I. Complaints - A complaint is a written claim by an employee regarding a specific
management action(s) that is alleged to have:
i. adversely affected that employee's terms and conditions of employment in a
material way, and
ii. violated a provision of the Personnel Policies or Procedures or
iii. constituted unlawful discrimination or harassment
Page 5 of 5
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Employee Appeals and Dispute Resolution 12.0 #4 September 4,2018
1.0 POLICY SUMMARY
This policy provides direction and authority to resolve employment related disputes. Each party
shall seek guidance from the Human Resources Department regarding such disputes.
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2.0 POLICY STATEMENT:
A. General
It is the policy of Augusta,Georgia to facilitate the fair,equitable and timely resolution of disputes
arising from employment with Augusta, Georgia. The goal of the dispute resolution process is for
the parties to the dispute to exchange and review information in order to determine whether
revision or rescission is warranted of an employment action, corrective action, discharge or other
end of employment, or other application of policy, ("covered employment dispute").
INTERNAL
With all disputes an employee is encouraged initially to attempt to resolve the issue informally
with his or her immediate supervisor with advice and counsel from the Human Resources
Department, (Step 1), although this is not required and does not extend the deadline for filing a
written complaint.
Page 1 of 5
17 I 7 t4
Employee Appeals and Dispute Resolution 12.0 #4 September 4,2018
Non-Substance Abuse Terminations
Department directors have the authority to make termination decisions for employees
within their department. (Step 2). A decision rendered by a dDepartment dDirector is final
unless the employee timely appeals to the Administrator's Office.
Appeals to Administrator(Step 3)
An employee who has been terminated may file an appeal to the Administrator within five
(5) days after the date of the termination if he or she disputes the termination. The
Administrator should render a decision on the appeal within ten(10)days from the date of
the employee's appeal to the Administrator. The Administrator may,but is not required to,
meet with the employee and/or the dDepartment dDirector prior to rendering a decision. If
the Administrator upholds the termination decision, such decision is final unless the
employee timely appeals to the Personnel Board ("Board"). The Administrator may
reverse the termination decision or may reduce the termination to a lessor form of
discipline.
Appeals to the Board(Step 4)
The Personnel Board will be composed of twelve (12) individuals, one appointee for each
Commissioner and two (2) legislative delegation appointments. In order to be qualified to
serve on the Board, an individual should have (but is not required to have)professional or
academic experience in employment relations and cannot be an employee of the Augusta,
Georgia government.
An employee who is terminated for a non-substance abuse reason may file an appeal to the
Board within five(5)days after the date of the decision of the Administrator upholding the
termination. Within thirty(30) days from the date of the employee's appeal to the Board,
a hearing shall be scheduled. Once a hearing is scheduled, each party may request a con-
tinuance if appropriate,but no party can request more than two(2)continuances during the
course of an appeal.
The Board shall render a written decision, which sets forth evidentiary reasons for the de-
cision, within five(5)business days of the close of the hearing. The decision of the Board
shall be in writing which shall set forth the reasons for its decision regarding the dispute.
All appeals to the Board shall be resolved within sixty(60)days from the date of the filing
of the appeal. If the appeal is not resolved by the Personnel Board within sixty(60) days
from the date of the filing of the appeal, the termination shall be upheld. The Board shall
only have the authority to uphold the termination or to reverse it. When appearing before
the Board, employees are responsible for any expenses incurred by them. The decision of
Page 2 of 5
IA XI
r•
Employee Appeals and Dispute Resolution 12.0 #4 September 4,2018
the Personnel Board is the final step of the dispute process for non-substance abuse termi-
nations.
Substance Abuse Terminations
Ifthe Department Review does not resolve a substance abuse termination,employ-
ees terminated pursuant to the substance abuse policies may appeal to the Admin-
istrator's office (Step 3) who will have final internal authority to resolve the dis-
pute. Step 4 does not apply to terminations resulting from violations of the sub-
stance abuse policies of Augusta, Georgia.
Suspensions/Demotions
If the Department Review does not resolve a suspension/demotion dispute it may be
appealed to the Administrator's office who will have final internal authority to re-
solve the dispute (Step 3). Step 4 does not apply to suspension/demotion appeals.
Other Disputes
Other disputes within the scope of this policy (see Scope below) are to be resolved
at the departmental level. If informal discussions cannot resolve a covered employ-
ment dispute that does not involve allegations of unlawful discrimination or harass-
ment, it should be submitted to the employee's chain of command, to be addressed,
in accordance with department procedure, by a manager(s)who was not involved in
the dispute ("Department Review"). Steps 3 and 4 do not apply to disputes that do
not involve termination, suspension or demotion.The final step for these disputes is
with the department director.
EXTERNAL
Disputes that are not resolved through the Equal Employment Opportunity Complaint Resolution
Procedures or at the Administrator's Office or at the Personnel Board may be resolved in a court
of law or through alternative dispute resolution.
This Policy does not preclude an employee from filing an administrative complaint with a state or
federal government agency.
B.Retaliation
An employee who files a complaint or participates in the complaint process shall not be retaliated
against for such conduct.
Page 3 of 5
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Employee Appeals and Dispute Resolution 12.0 #4 September 4,2018
C. Scope
1. Disputes Within the Scope of this Policy
A complaint is a written claim by an employee regarding a specific management
action(s)that is alleged to have:
a. adversely affected that employee's existing terms and conditions of
employment in a material way, and
b.violated a provision of the Personnel Policies or Procedures or
c.constituted unlawful discrimination or harassment
2. Disputes Outside the Scope of this Policy
a.Concerns or inquiries regarding classification standards,benefits,salary rates for
job titles, salary ranges for job classifications, or the contents of the personnel
policies. These concerns or inquiries may be submitted to Human Resources for
consideration.
b.With the exception of a corrective salary decrease (which is within the scope of
this policy), concerns or inquiries regarding an individual employee's rate of pay
or change in rate of pay, unless the employee's complaint alleges that the action
was taken for unlawful discriminatory or retaliatory reasons in violation of the
Equal Employment Opportunity Policy. These concerns or inquiries may be
submitted to Human Resources and/or the Office of Compliance for consideration.
c.A request for review of a decision on the classification of a position.
d. A management action taken pursuant to a policy or procedure, unless the
complaint alleges that the action was taken violated the terms of the policy or
procedure, or for unlawful discriminatory or retaliatory reasons.
3.0 COMPLIANCE RESPONSIBILITIES
Human Resources is responsible for this policy and has the authority to implement the policy. The
Human Resources Director may apply appropriate interpretations to administer and clarify the
policy provided that the interpretations do not result in substantive changes to the underlying
policy.
4.0 PROCEDURES TO IMPLEMENT POLICY
Human Resources may develop procedures or other supplementary information to support the
implementation of this policy. Such supporting documentation requires the approval of the
Administrator.
5.0 APPLICABILITY
This Policy is applicable to all full-time Augusta, Georgia employees except SES employees.
Page4of5
7S. -(4 5 /.1
Employee Appeals and Dispute Resolution 12.0 #4 September 4,2018
6.0 DEFINITIONS
A. Unlawful discrimination - an employment decision made in whole or in part on a status
protected by law or Augusta's Equal Employment Opportunity Policy.
B. Unlawful Harassment - Unwelcome conduct involving any status protected by law or
Augusta, Georgia's Equal Opportunity Policy which has the effect of unreasonably
interfering with the terms and conditions of employment of an Augusta,Georgia employee.
C. Termination dispute- A complaint by an employee that his or her employment with
Augusta, Georgia was terminated unlawfully or in violation of Augusta, Georgia policy.
D. Compliance Office-Monitors all activity to insure that no person will encounter unlawful
discrimination and/or harassment in employment.
E. Internal resolution — Attempts to resolve the dispute within the authority of Augusta,
Georgia. Steps 1 through 4 of the Employee Appeals and Resolution Policy.
F. External resolution—Independent agencies outside the jurisdiction of Augusta, Georgia.
G. Covered Employment Dispute - Except as set forth in section 2.0, C 2, any employment
action taken by Augusta, Georgia, including corrective action, discharge or other end of
employment action, or other application of Augusta, Georgia's Personnel Policies and
Procedures.
H. Personnel Board ("Board") -The Board will be composed of twelve (12) individuals, one
appointee for each Commissioner and two(2)legislative delegation appointments. In order
to be qualified to serve on the Board an individual should (but is not required to) have
professional or academic experience in employment relations and not be an employee of
the Augusta, Georgia government.
I. Complaints - A complaint is a written claim by an employee regarding a specific
management action(s)that is alleged to have:
i. adversely affected that employee's terms and conditions of employment in a
material way, and
ii.violated a provision of the Personnel Policies or Procedures or
iii. constituted unlawful discrimination or harassment
Page 5 of 5