Classified System Personnel Rules & Regulations Appeal Instructions
(rev. March 26, 2012)
The following excerpt from Chapter 15 of the Classified System Personnel Rules and Regulations (effective 10/06) is provided for you as you proceed through the grievance process. Should you need to view the entire chapter, you should contact your immediate supervisor or personnel officer/administrator. These instructions and timelines are only for grievances under the Classified System Personnel Rules and Regulations. These timelines are not for grievances under the NAPE or SLEBC labor contracts.
- Applicants (unless they are grieving alleged political affiliation discrimination), temporary employees, and employees on original probation have NO grievance rights.
- Parties in a grievance may reach a settlement at any time during the grievance procedure. The settlement must be in writing and is binding on both parties.
- In cases of involuntary termination, the GRIEVANCE RECORD form may be filed with the Agency Head and bypass Step 1 of the grievance procedure.
- Time limits at Steps 1 and 2 may be extended by mutual agreement of the parties.
- Careful completion of Sections #1 and #2 on the Appeal form will help the Personnel Board to evaluate your appeal as to grievability and to determine whether an appeal hearing will be held.
- In order for the GRIEVANCE RECORD form and the APPEAL form to be considered properly filed, the employee's signature must appear on each form.
STEPS OF THE GRIEVANCE PROCEDURE
1. STEP 1. Decision Maker's Reply:
Within 15 workdays of the occurrence of the grieved action, the employee shall present a formal written grievance to their immediate supervisor on the current grievance form (SPS-9). The Grievance form is not to be completed during work time or on a State computer.
If the immediate supervisor is the person who made the decision causing the grievance, that supervisor may discuss it with the grievant and prepare a written reply on the grievance form within 5 workdays of receiving the grievance. If the immediate supervisor did not make the grieved decision, he/she shall note that fact on the grievance form, sign it, and forward it to the person who made the grieved decision within 2 workdays.The decision maker shall discuss the grievance with the grievant, then reply in writing on the grievance form within 5 workdays of receipt of the grievance.
2. STEP 2. Appeal to Agency Head:
If dissatisfied with the decision maker's reply, the grievant has 10 workdays to appeal the decision to the Agency Head or designee. The Agency Head may do one of the following:
A) Issue a decision in writing within 15 workdays.
B) Appoint a grievance committee or designee to hear the grievance and recommend a decision. Within 15 workdays of receipt of the grievance, the Agency Head shall accept or modify the committee's recommendation and issue a written decision.
3. STEP 3. Appeal to Personnel Board:
If the grievant wants to appeal the decision of the Agency Head to the Personnel Board, the appeal must be filed on the official APPEAL form (SPS 9a) within 5 workdays of receipt of the Agency Head's decision. The Appeal form is not to be completed during work time or on a State computer.
The written appeal must contain evidence in sufficient detail for the Board to decide if a misinterpretation or misapplication of State Classified Personnel System or agency regulations, or State Statute has possibly occurred and whether an evidentiary hearing is necessary.
The Board may elect to conduct the hearing, or may designate a Hearing Officer to conduct the hearing on behalf of the Board. The Personnel Board, or designated representative, may require a pre-hearing conference with the grievant and the agency, and/or their representative, before the grievance hearing to clarify grievance issues and procedures.