departments & agencies
personnel ordinance / pay plan
Buncombe County Human Personnel
205 College Street Suite 100
Asheville, NC 28801
(828) 250-4166 (Voice)
(828) 250-4183 (Job Line)
Article IX - Grievance and Appeal Procedure
Section 1. Purpose
The grievance procedure provides an adequate and fair means for hearing and resolving matters of employment conditions of County employees who have earned permanent employee status.
Section 2. Coverage
This grievance procedure applies to all departments and all permanent employees of Buncombe County. A grievance is defined as a claim or complaint of an event or condition which affects the circumstances under which an employee works, allegedly caused by misinterpretation, unfair application, or lack of established policy pertaining to employment conditions. A grievance may only pertain to allegations of involuntary demotion, suspension, reduction in force, dismissal, discriminatory practices, and/or hostile work environment, to include sexual discrimination. Voluntary demotion or Investigatory Suspension is not grievable in accordance with the remedies and issues utilized in the process described in this policy. This does not, however, prevent or preclude any individual from pursuing any other legal remedies for grievance issues described or not described in this ordinance.
Section 3. Policy
Every permanent employee shall have the right to present a grievance in accordance with these procedures, with or without a representative, free from interference, coercion, restraint, discrimination, penalty, or reprisal. Employees shall be permitted time away from regular duties as may be necessary and reasonable as determined by the department head or the County Manager to prepare and present a grievance. All grievances based on dismissal, suspension for disciplinary reasons, reduction in position (demotion) or pay for disciplinary reasons and reduction in force may be appealed directly to the County Manager or corresponding appointing authority. Employees shall have fifteen (15) calendar days from the date of receipt of written notice of such action to file an appeal. All grievances based on alleged discrimination may be appealed directly to the County Manager or corresponding appointing authority, indicating whether the alleged discrimination was based on race, color, religion, sex, national origin, political affiliation, nondisqualifying handicap, or age.
Grievances filed on an untimely basis must be dismissed. Allegations of discrimination, if raised more than thirty (30) calendar days after the party alleging discrimination became aware of or should have become aware of the alleged discrimination, must be dismissed.
Section 4. Procedure
A. Step One.
1. An employee must file a grievance, either orally or in writing, with the immediate supervisor within fifteen (15) days of the date of a grievable incident having occurred. The immediate supervisor shall meet with the employee within five (5) days of receipt of the grievance and attempt to informally and expeditiously resolve the grievance. If the grievance is not settled, then the employee and immediate supervisor should document a statement of relief which describes the action the employee desires the immediate supervisor or organization should take to resolve the grievance.
2. If the immediate supervisor’s informal resolution efforts fail, the immediate supervisor must issue a written decision to the employee and the department head on the grievance and submit it no later than five (5) days following the meeting which summarized the grievance, the requested statement of relief, and documentation as to why the grievance was not resolved. The grievance procedure would at this point move to Step Two.
3. If the employee alleged sexual harassment or hostile work environment by the immediate supervisor, the employee may file the complaint with the department head, Assistant County Manager, County Manager, Personnel Director or corresponding appointing authority. Alternatives as to who to report alleged harassment or hostile work environment to are outlined in Article V, Section 4 should the immediate supervisor, department head, or County Manager be the source of the employee’s grievance.
B. Step Two.
1. Employees not reaching resolution with the informal response at Step One may file the grievance and statement of relief desired, in writing, with the department head within five (5) days of receipt of the immediate supervisor's written decision and shall state the basis for the complaint. and, if based on alleged discrimination, indicate whether the alleged discrimination was based on race,color, religion, sex, national origin, political affiliation, nondisqualifying handicap, or age.
2. The department head shall meet with the employee within five (5) days of receipt of the Step Two grievance, review the decision at Step One, and make an independent determination on the merits of the grievance. Within ten (10) days of the meeting with the employee, the department head shall issue a written decision to the employee with copies to the immediate supervisor and the Personnel Department. If the employee and department head reach an agreement at this step, the decision and statement of relief shall be issued and the grievance is resolved.
3. Should the grievance not be resolved at the department head level, Step 3 of this procedure is available to the employee.
C. Step Three. (Not applicable to elected official employees or to employees subject to the jurisdiction of the North Carolina State Personnel Commission)
1. Employees not reaching a resolution or timely response in Step 2 are able to take the grievance from the department level to the Personnel Director. This enables the employee, immediate supervisor, and department head to have the grievance reviewed by someone external to the department. The grievance may be filed with the Personnel Director within ten (10) working days of the decision or decision due date of Step 2. The Personnel Director shall review the grievance and render a decision within ten (10) working days.
2. The decision, in writing, shall be provided to the employee, immediate supervisor, and department head. Should the employee and Personnel Director reach a resolution, the prescribed relief shall be outlined and the grievance shall be resolved.
3. If no resolution is reached at this level, the employee may proceed to Step 4 of the prescribed grievance process.
D. Step Four.
1. Employees not reaching resolution at Step 3 may forward the written grievance to either the County Manager or the corresponding appointing authority within five (5) days of receipt of the Step 3 decision. The employee may request a decision from the corresponding appointing official or County Manager directly.
2. At Step 4 in the grievance procedure, either the corresponding appointing official or County Manager must be utilized for a final and binding decision, except those employees subject to the jurisdiction of the North Carolina State Personnel Commission may appeal to the State Personnel Commission.
3. If the employee requests a decision directly, the appointing authority and/or County Manager shall render a written decision to the employee, immediate supervisor, department head, and Personnel Director within fifteen (15) days of receipt of the grievance. The decision issued and applicable relief to resolve the grievance is at this stage final and binding and in itself is not grievable, except those employees subject to the jurisdiction of the North Carolina State Personnel Commission may appeal to the State Personnel Commission in the following actions:
a. Dismissal;
b. Suspension;
c. Reduction in position (demotion) or pay for disciplinary reasons; or,
d. Reduction-in-force.
Section 5. Final Decision on the Grievance
Upon receiving the decision of the County Manager or corresponding appointing official, the County Manager and/or Personnel Director or other corresponding appointing authority shall inform the employee, immediate supervisor, and the department head, in writing, of the final decision and any prescribed relief to resolve the grievance. The decision shall be furnished within ten (10) days and in itself is not grievable, except those employees subject to the jurisdiction of the North Carolina Personnel Commission may appeal to the State Personnel Commission.
Section 6. Appeal to the State Personnel Commission
Employees subject to the jurisdiction of the North Carolina State Personnel Commission shall have the right to appeal to the State Personnel Commission through the Office of Administrative Hearings not later than thirty (30) days after receipt of notice of the corresponding appointing authority's decision, provided that the employee has obtained permanent status in accordance with the rules and regulations of the State Personnel Commission. The decision of the State Personnel Commission shall be binding in appeals of local employees subject to the State Personnel Act if the commission finds that the employee has been subjected to discrimination or if a binding decision is required by applicable federal standards. However, in all other local employee appeals, the decision of the State Personnel Commission shall be advisory to the local appointing authority.
Section 7. Maintenance of Records
All documentation, records, and reports shall be retained for a minimum of three (3) years and shall be held by the Personnel Department. These records shall be subject to review by the grievant, the employee's department head, the County Manager and/or Personnel Director or other corresponding appointing authority, and by the Board of County Commissioners.