Common use of PUBLIC COMPLAINT PROCEDURE Clause in Contracts

PUBLIC COMPLAINT PROCEDURE. 18.1 Any parent or citizen complaint about an employee shall be reported immediately to the employee by the employee’s supervisor or the Agency Director. Every effort will be made to resolve a complaint at the earliest opportunity. As such, the complainant is encouraged to meet with the employee against whom the complaint is lodged in order to informally resolve the complaint. 18.2 The Agency Director will inform any complainant that wishes action taken against an employee that they must file a complaint in writing within ten (10) days of first contact with the Agency. The complaint shall include the nature and details of the incident that give rise to the complaint, the name, and address of the complainant, and shall be signed and dated by the complainant. 18.3 The employee shall receive a copy of the complaint upon receipt by the Agency, and shall have ten (10) days to respond to the complaint in writing. The employee’s written response shall be attached to the complaint. Should the employee choose not to respond to the complaint it shall not be construed that the allegations are true. 18.4 The complaint and the attached response, if any, shall be kept in a separate file until such time that the Agency Director has investigated the allegations to determine their veracity. Such investigation may include meeting(s) with the complainant and/or the employee. If the Agency Director deems it necessary a meeting with the complainant, employee and student (if applicable), shall be called by the Director for the purpose of attempting to resolve the complaint. 18.5 If after investigation the Agency Director determines that the allegation(s) in the complaint are sufficiently serious to warrant placing the complaint in the employee’s personnel file the Director shall so notify the employee as provided for in Article 2.1 of this Agreement. 18.6 The Director’s decision shall be final unless the complainant, the employee, or the director requests a closed hearing before the Board of Directors on the complaint. 18.7 If it is determined at a later date by action by the Board of Directors, mutual agreement, through the grievance procedure, or in a court of law, that the allegations are untrue, or that the complaint has no basis in fact, all the material related to it shall be removed from the employee’s personnel file and destroyed. 18.8 If the Agency Director determines that the complaint provides sufficiency of cause to initiate disciplinary proceedings against the employee, disciplinary action may be imposed only in accordance with the provisions of Article 16 of this Agreement.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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PUBLIC COMPLAINT PROCEDURE. 18.1 Any parent or citizen complaint about an employee regarding a unit member that relates to any employment duties which is brought to the attention of the administration and/or Board member shall be reported immediately processed in the following manner: Step 1: The complaint will be directed by the building principal to the employee by the employee’s supervisor or the Agency Directorunit member(s) involved. Every effort will be made to resolve a complaint at the earliest opportunity. As such, the complainant is encouraged to meet with the employee against whom If the complaint is lodged of such a nature that the building principal does not believe that he/she need become immediately involved in order the situation, the principal may direct the unit member to informally attempt to resolve the complaintissue with the complainant. If the complaint is of such a nature that the principal believes he/she may resolve the matter without involving the unit member, he/she may attempt to resolve the matter. Upon resolution, the unit member must be informed of the outcome. 18.2 The Agency Director will inform any complainant that wishes action taken against an employee that they must file a Step 2: Any complaint unresolved at Step 1 may be submitted at the request of the unit member or complainant, either orally or in writing within ten (10) days writing, to the building principal who shall attempt to resolve the matter to the satisfaction of first contact with all parties concerned. Step 3: Any complaint unresolved at Step 2 shall be forwarded by the Agencybuilding principal to the Superintendent. The complaint shall include the nature must be in writing and details of the incident that give rise to the complaint, the name, and address of the complainant, and shall be signed and dated by the complainant. 18.3 Step 4: Upon receipt of the complaint, the Superintendent shall confer with all parties. The employee unit member shall receive have the right to be present at all meetings of the Superintendent and the complainant. All parties shall have the right to representation if they so choose. Step 5: If the Superintendent is unable to resolve the complaint to the satisfaction of all parties concerned, at the request of the complainant or the unit member, the Superintendent shall forward the results of the discussion at Step 4 along with his/her recommendations, in writing, to the Board and provide a copy of such to all parties involved. Step 6: After receipt of the findings and recommendations of the Superintendent and before action is taken thereon, the Board shall afford the parties an opportunity to meet with the Board. The unit member may choose to have a representative of his/her choosing present at the meeting. Copies of any action taken by the Board shall be forwarded to all parties. The Board will make every effort to secure a complainant’s compliance with this procedure, but shall not be responsible for a third party’s noncompliance. If a complaint pertains to a unit member’s actions while fulfilling the duties of a supplemental contract, the building principal or athletic director, whichever is appropriate, shall process the complaint upon receipt under Steps 1-3 above. Further, the Athletic Department Handbook shall be followed for complaints about athletics. An anonymous complaint will not be maintained in a unit member’s personnel file, nor processed under the procedures of this section. This provision is not intended to preclude the Board or administration from taking appropriate action to address a problem that may surface in an anonymous complaint and that is independently corroborated; in no event, however, will action be taken against a unit member unless the unit member, with FEA representation if requested by the Agencyunit member, and shall have ten (10) days has been afforded an opportunity to respond to the complaint in writingissue. The employeeFEA and Board mutually recognize that any reprisal against a complainant or a complainant’s written response shall be attached to the complaint. Should the employee choose not to respond to the complaint it shall not be construed that the allegations are truechild is inappropriate. 18.4 The complaint and the attached response, if any, shall be kept in a separate file until such time that the Agency Director has investigated the allegations to determine their veracity. Such investigation may include meeting(s) with the complainant and/or the employee. If the Agency Director deems it necessary a meeting with the complainant, employee and student (if applicable), shall be called by the Director for the purpose of attempting to resolve the complaint. 18.5 If after investigation the Agency Director determines that the allegation(s) in the complaint are sufficiently serious to warrant placing the complaint in the employee’s personnel file the Director shall so notify the employee as provided for in Article 2.1 of this Agreement. 18.6 The Director’s decision shall be final unless the complainant, the employee, or the director requests a closed hearing before the Board of Directors on the complaint. 18.7 If it is determined at a later date by action by the Board of Directors, mutual agreement, through the grievance procedure, or in a court of law, that the allegations are untrue, or that the complaint has no basis in fact, all the material related to it shall be removed from the employee’s personnel file and destroyed. 18.8 If the Agency Director determines that the complaint provides sufficiency of cause to initiate disciplinary proceedings against the employee, disciplinary action may be imposed only in accordance with the provisions of Article 16 of this Agreement.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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PUBLIC COMPLAINT PROCEDURE. 18.1 Any parent or citizen complaint about an employee regarding a unit member that relates to any employment duties which is brought to the attention of the Administration and/or Board member shall be reported immediately processed in the following manner: Step 1: The complaint will be directed by the building principal to the employee by the employee’s supervisor or the Agency Directorunit member(s) involved. Every effort will be made to resolve a complaint at the earliest opportunity. As such, the complainant is encouraged to meet with the employee against whom If the complaint is lodged of such a nature that the building principal does not believe that he/she need become immediately involved in order the situation, the principal may direct the unit member to informally attempt to resolve the complaintissue with the complainant. If the complaint is of such a nature that the principal believes he/she may resolve the matter without involving the unit member, he/she may attempt to resolve the matter. Upon resolution, the unit member must be informed of the outcome. 18.2 The Agency Director will inform any complainant that wishes action taken against an employee that they must file a Step 2: Any complaint unresolved at Step 1 may be submitted at the request of the unit member or complainant, either orally or in writing within ten (10) days writing, to the building principal who shall attempt to resolve the matter to the satisfaction of first contact with all parties concerned. Step 3: Any complaint unresolved at Step 2 shall be forwarded by the Agencybuilding principal to the Superintendent. The complaint shall include the nature must be in writing and details of the incident that give rise to the complaint, the name, and address of the complainant, and shall be signed and dated by the complainant. 18.3 Step 4: Upon receipt of the complaint, the Superintendent shall confer with all parties. The employee unit member shall receive have the right to be present at all meetings of the Superintendent and the complainant. All parties shall have the right to representation if they so choose. Step 5: If the Superintendent is unable to resolve the complaint to the satisfaction of all parties concerned, at the request of the complainant or the unit member, the Superintendent shall forward the results of the discussion at Step 4 along with his/her recommendations, in writing, to the Board and provide a copy of such to all parties involved. Step 6: After receipt of the findings and recommendations of the Superintendent and before action is taken thereon, the Board shall afford the parties an opportunity to meet with the Board. The unit member may choose to have a representative of his/her choosing present at the meeting. Copies of any action taken by the Board shall be forwarded to all parties. The Board will make every effort to secure a complainant’s compliance with this procedure, but shall not be responsible for a third party’s noncompliance. If a complaint pertains to a unit member’s actions while fulfilling the duties of a supplemental contract, the building principal or athletic director, whichever is appropriate, shall process the complaint upon receipt under Steps 1-3 above. Further, the Athletic Department Handbook shall be followed for complaints about athletics. An anonymous complaint will not be maintained in a unit member’s personnel file, nor processed under the procedures of this Section. This provision is not intended to preclude the Board or Administration from taking appropriate action to address a problem that may surface in an anonymous complaint and that is independently corroborated; in no event, however, will action be taken against a unit member unless the unit member, with FEA representation if requested by the Agencyunit member, and shall have ten (10) days has been afforded an opportunity to respond to the complaint in writingissue. The employeeFEA and Board mutually recognize that any reprisal against a complainant or a complainant’s written response shall be attached to the complaint. Should the employee choose not to respond to the complaint it shall not be construed that the allegations are truechild is inappropriate. 18.4 The complaint and the attached response, if any, shall be kept in a separate file until such time that the Agency Director has investigated the allegations to determine their veracity. Such investigation may include meeting(s) with the complainant and/or the employee. If the Agency Director deems it necessary a meeting with the complainant, employee and student (if applicable), shall be called by the Director for the purpose of attempting to resolve the complaint. 18.5 If after investigation the Agency Director determines that the allegation(s) in the complaint are sufficiently serious to warrant placing the complaint in the employee’s personnel file the Director shall so notify the employee as provided for in Article 2.1 of this Agreement. 18.6 The Director’s decision shall be final unless the complainant, the employee, or the director requests a closed hearing before the Board of Directors on the complaint. 18.7 If it is determined at a later date by action by the Board of Directors, mutual agreement, through the grievance procedure, or in a court of law, that the allegations are untrue, or that the complaint has no basis in fact, all the material related to it shall be removed from the employee’s personnel file and destroyed. 18.8 If the Agency Director determines that the complaint provides sufficiency of cause to initiate disciplinary proceedings against the employee, disciplinary action may be imposed only in accordance with the provisions of Article 16 of this Agreement.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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