CHAPTER 15- Grievances/Work Place Violence Flashcards
Grievances:
Upon receipt of an employee’s written grievance, a ____ (or equivalent) or higher-ranking supervisor from the entity receiving the employee’s written grievance shall immediately contact and send a copy of the grievance to the Departmental Discipline Coordinator (DDC), who is designated as the individual responsible for coordinating and processing all written grievances. The DDC will log the grievance in the Discipline, Appeals and Grievances System (DAGS) and provide the entity with a grievance control number.
lieutenant
Grievances:
At Steps __, __, and __, the DDC shall provide a suggested response to the grievance or review the entity’s prepared response prior to submission to the grievant.
2,3 & 4
Grievances Procedure:
Step 1: An aggrieved employee shall discuss the grievance with his or her immediate supervisor within ___ calendar days of the incident or within ___calendar days after the employee could reasonably be expected to have knowledge of the incident that gave rise to the grievance. The immediate supervisor shall respond verbally to the employee within ___ calendar days following the discussion.
7 & 7
Grievances Procedure:
Step 2: If the grievance has not been satisfactorily resolved at Step 1, the employee shall reduce the grievance to writing using the Miami-Dade County Employee Standard Grievance Form. The completed form shall be presented to the intermediate-level supervisor within __ calendar days from the time the immediate supervisor’s response was due. The intermediate-level supervisor accepting the grievance form will sign the form and record the date received; analyze the facts, allegations, and requested remedy; and formulate a written response. After consultation with the DDC, the intermediate-level supervisor will respond in writing to the employee within __ calendar days from the date the grievance was received.
7 & 7
*For purposes of this grievance process, intermediate-level supervisors are defined as: Section Supervisors
Majors/Commanders, and Chiefs (if appropriate). Personnel assigned to offices that do not report to an intermediate-level supervisor shall proceed to the next appropriate step.
Grievances Procedure:
Step 3: If the grievance has not been satisfactorily resolved at Step 2, the employee may appeal to the Division Chief (or to the Assistant Director, if appliable). The grievance including a copy of all preceding responses will be presented to the affected Division Chief (or to the Assistant Director, if applicable) within __ calendar days following the date the response was due in Step 2. The Departmental employee accepting the grievance form at Step 3 will sign the form and record the date received; analyze the facts, allegations, and requested remedy; and formulate a written response. After consultation with the DDC, the Division Chief (or the Assistant Director, if applicable) will respond in writing to the employee within __ calendar days of receipt from the date the grievance was received.
7 & 7
Grievances Procedure:
Step 4: If the grievance has not been satisfactorily resolved at Step 3, the employee may appeal to the Director. The grievance including a copy of all preceding responses will be presented to the Director’s Office within __ calendar days following the date the response was due in Step 3. Director’s Office staff accepting the grievance form at Step 4 will sign the form and record the date received. The Director shall then meet with the employee and his/her representative (if applicable), and provide a written response within __ calendar days from the date the grievance was received.
7 & 7
Grievance Procedure:
Appeal Hearing: If the grievance has not been satisfactorily resolved at Step 4, the employee may request an appeal hearing before a Grievance Appeal Panel. The request shall be made in writing to the Director of the Miami-Dade Human Resources Department within __ calendar days of receipt of the response in Step 4. Upon receipt of the employee’s appeal, the Human Resources Director will determine whether the grievance complies with the provisions of Administrative Order 7-18 and, if so, will schedule an appeal hearing to be conducted as promptly as possible. The employee shall be provided at least __ calendar days notice of the hearing.
7 & 5
** Per CBA, this step is considered arbitration, and the arbitrator has 30 days to render a decision.
Grievance Procedure:
If an appeal hearing is granted, the ____ will assign the appropriate major/commander to serve as the departmental representative.
After the conclusion of the hearing, the Grievance Appeal Panel will render a decision, in writing, as promptly as possible. The decision will be final and binding, and not subject to further review.
DDC
Grievance Procedure:
Extensions: Either party shall be permitted one (1) extension of time at Steps2, 3, or 4, as a matter of right, not to exceed __ calendar days. The other party must, however, be notified of the extension in writing prior to the expiration of the time limit for the step.
7
Grievance Procedure:
Time Limits: If the grievance is not processed by the employee within the specific time limits provided in the selected grievance procedure, the grievance shall be considered dropped with ___. However, if the Department fails to process a grievance within the time limit provided for in a step, the grievance shall automatically proceed to the next step. The employee should attempt to ascertain the reason for delay prior to proceeding to the next step.
prejudice
County Grievance Procedure for Complaints Based on a Disability:
Filing a Complaint: Any individual who feels discriminated against on the basis of a disability, by any program or service provided by Miami-Dade County pursuant to regulations issued by the Americans with Disabilities Act of 1990, shall submit a complaint in writing to the Office of Americans with Disabilities Act (ADA) Coordination within __ days of the occurrence.
30
County Grievance Procedure for Complaints Based on a Disability:
Complaint Resolution: Within __ days of receipt of the complaint, the Office of ADA Coordination shall: Inform the Department of the complaint, transmit a copy of the complaint with general
instructions as to the format which the Department should follow in its response, and establish a date by which the Department shall respond. The Office of ADA Coordination should review the response with the Department before final preparation. (2) The Department shall have __ days from receipt of complaint from the Office of ADA Coordination to respond.
5 & 30
**The Department shall not mail its response directly to the grievant.
All attempts should be made by the Department to meet with the complainant to clarify the facts of the grievance.
County Grievance Procedure for Complaints Based on a Disability:
In the event that a complainant submits a written complaint to the Department, the Department, via the PMB Major, shall send a copy of the complaint and description of the action taken to the Office of ADA Coordination within __ days. The procedure will constitute a filing by the complainant with the Office of ADA Coordination. The Department shall have __ days from receipt of the written complaint to respond.
five & 30
County Grievance Procedure for Complaints Based on a Disability:
Filing an Appeal: Any individual who is dissatisfied with the recommended resolution of his or her complaint may request an appeal. In requesting an appeal, the individual shall submit a
written request for appeal, and note willingness to appear before an impartial panel to present the grievance. The request shall be submitted to the Office of ADA Coordination within __ business days from the date of the written recommended resolution offered by the County.
15
County Grievance Procedure for Complaints Based on a Disability:
Upon receipt of a written request for an appeal, the Office of ADA Coordination shall: Notify the County Mayor and request the appointment of a panel of three senior members of unaffected County departments within __ days to hear the complaint. (2) Set a time and place for the hearing within __ days after the panel is appointed, if possible
30 & 20
County Grievance Procedure for Complaints Based on a Disability:
Panel Decision: Within __ days from the date of the hearing, the panel shall issue its decision.
14
Grievance- Annual Analysis:
The ___ will prepare the annual analysis of grievances outlining any trends, with recommendations for the Director’s review. The affected chain-of-command will implement the necessary steps to minimize the cause of such grievances in the future.
-DDC (Departmental Discipline Coordinator)
___ is unwelcome verbal or physical conduct that demeans, stereotypes, or shows hostility or aversion toward a person or group because of the individual’s protected class, including a
person’s race, color, religion, ancestry, sex, pregnancy, national origin, age, disability, marital status, familial status, gender identity, gender expression, sexual orientation, veteran’s status, actual or perceived status as a victim of domestic violence, dating violence or stalking, exercise of a constitutional or statutorily protected activity or any other protected category under applicable federal, state or local law.
Unlawful Harassment
___ is a form of Unlawful Harassment that includes making unwelcome sexual advances, requests for sexual favors, or engaging in other verbal or physical acts of a sexual or sex-based nature where such conduct interferes with the employee’s work performance or creates an intimidating, hostile or offensive working environment.
Sexual Harassment
____ includes any adverse action taken against any individual (applicant or employee) because they complained about or opposed unlawful discrimination, harassment, or retaliation, or participated in an employment discrimination proceeding (such as an internal investigation or lawsuit), including as a
witness. ___ also includes adverse action taken against someone who is associated with the individual who engaged in the protected activity, such as a spouse, relative, or friend.
Retaliation
___ is inappropriate behavior that is outside the scope of antidiscrimination laws and that falls short of a violation of this policy. The conduct, though unwelcome and offensive, is unrelated to any protected class and can be isolated (or infrequent) and includes, but is not limited to: occasional unwelcome compliments, questionable jokes, limited bullying, nonviolent threats, the use of profanity, and insults unrelated to any protected class
Awful Harassment
Harassment Complaint Procedure:
Complaints initiated or received by HRFEP-Human Rights & Fair Employment Practices Division or MDPD’s Human Resources Manager against an MDPD employee must be forwarded to the PCB for review or investigation within __ business days. If the complaint is against a PCB employee, the PCB Major shall consult with the Police Legal Bureau to discuss and/or develop a procedure to insulate the investigation from the subject of the complaint.
5
Harassment Complaint Procedure/ COMPLAINTS AGAINST MDPD EMPLOYEES:
Any employee who believes they have been a victim of unlawful discrimination, harassment, or retaliation prohibited by this policy shall immediately file a written complaint with the ___, the HRFEP or MDPD’s Human Resources _____.
PCB & Manager
Managers and supervisors are required to report any knowledge or awareness of Unlawful Harassment, Sexual Harassment or Retaliation to the PCB, MDPD’s Human Resources Manager, or HRFEP (ofep@miamidade.gov) within __ hours of learning of such harassment or retaliation.
24
*A manager or supervisor who witnesses or otherwise has direct or indirect knowledge regarding such information and fails to report it commits a violation of this policy. Such violation may be subject to disciplinary action, particularly if it is determined that the manager or supervisor has engaged in a pattern of overlooking or failing to report harassment or retaliation.
When the concerned supervisor becomes aware of employee actions that may result in suspension, termination, or resignation of the employee, the supervisor shall immediately notify the ___.
Departmental Discipline Coordinator (DDC).
NON-EMPLOYEES:
Third parties who are not employed by MDPD may avail themselves of the protections of this policy to the same extent as employees and supervisors. These third parties may include customers, visitors, lobbyists, contractors, vendors, board members, volunteers, security personnel, custodial staff, and
others who work in and around MDPD/County workplaces. Employees and applicants must initiate the complaint process within ___ calendar days of the alleged discriminatory action.
365
A complainant may have the right to appeal HRFEP’s determination and a hearing on such appeal will be granted before a hearing examiner. All appeal requests must be received within __ days from receipt of the determination. If the appeal request is not received within __ days from receipt, the determination will become final and the case will be closed.
15
Workplace Violence:
In situations warranting substantive action, detachment or reassignment may be necessary to improve the working environment pending the investigation. Any requests for detachment or reassignment must first be reviewed by the ___ and approved by the concerned chief, assistant director, or the Director’s Office for entities reporting directly to that office, via the chain-of-command. If the complainant submits an unsolicited request for transfer, it will be considered.
PLB
Complaint, Counseling & Discipline:
Confidentiality: All documentation relating to complaints will be transmitted in a sealed envelope clearly marked TO BE
OPENED BY ADDRESSEE ONLY. The marking will be placed in a conspicuous location on the face of the envelope and on the envelope flap. Excluding the Director and the Professional Compliance Bureau (PCB) Major, addressees receiving a properly marked envelope that is unsealed will notify the sender and PCB in writing within __ hours.
48
Complaint, Counseling & Discipline:
___ is defined as an action initiated and administered by supervisors when positive corrective measures designed to train or effect a change in behavior are unsuccessful in attaining satisfactory employee performance. ___ may also be action initiated and administered by supervisors when an employee commits a pronounced deviation regarding a rule, order, directive, or procedure.
“Discipline”
Complaint, Counseling & Discipline:
A Preliminary Complaint Report will be completed by the immediate supervisor of each employee named or identified as a principal in a Personnel Complaint (PC) or Internal Affairs (IA) investigation. As many as ___ employees from the same district/bureau may be described, but not identified by name, on the same sheet.
The ____ sheet is a management tool utilized in examining the complaint process and in formulating policy relative to identified problem areas. All data items will be completed by referring to the employee’s personnel file or other sources, as appropriate.
- three
- data
*The Preliminary Complaint
Report shall be reviewed and signed by the corresponding District/Bureau Majors/Commanders prior to submittal to the PCB.
Complaint, Counseling & Discipline:
____ supervisor may temporarily relieve a departmental employee from duty to prevent embarrassment, liability, or discredit to the Department. The relieving supervisor shall discuss such action with the PCB Major in advance, unless emergency circumstances exist that necessitate immediate action. In this case, notification shall be made the following business day. Unless otherwise stated, relief from duty is with pay.
Any
Complaint, Counseling & Discipline:
In the event an employee is relieved from duty while under investigation by the PCB, or is relieved by any supervisor pending disciplinary or other administrative action, the relieving supervisor will immediately contact the __ and advise the assigned investigator or duty sergeant of any action
taken.
PCB