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ORANGE COUNTY SHERIFF'S OFFICE GENERAL ORDER Effective Date: August 7, 2015  Amends - GO 5.1.1 (February 11, 2015) Number: 5.1.1 Distribution: All Personnel Review Month: Reviewing Authority: Subject: Grievance Procedures This order co nsists of the following: 1. Purpose 2. Policy 3. Definitions 4. Procedures 1. Purpose The purpose of this policy is to allow for the expeditious and equitable resolution of personnel grievances. 2. Policy A. It is the policy of the agency that every grie vance be thoroughly considered utilizing the procedure detailed in this directive. Once the cause of the grievance has been determined, every reasonable effort will be made to resolve the situation. B. All employees may utilize this procedure except for personnel holding the rank of Lieutenant , equivalent , or above who are afforded a limited grievance process. Any unresolved complaint, actual or supposed in circumstance, specifically identified as an action, event or condition in the work environment whi ch is meaningful to the employee, not specifically excluded in section 2(C) may be subject to the grievance procedure. Employees may exercise their right to utilize the grievance procedure without fear of reprisal, restraint, coercion, discrimination or r etaliation. C. The following complaints are not grievable under this policy: 1. Establishment and revision of wages or salaries and concomitant pay raises 2. Performance evaluations 3. Position Classifications 4. Job postings 5. General benefits 6. Complaints, obj ections, or questions relating to the establishment, content or revision of agency rules, regulations, or policies, or to their substantive content 5.1.1, Page 2 of 4 7. Failure to promote 8. Termination, layoff, demotion or suspension from duties because of lack of work, reduc tion in work force, or job abolition 9. The hiring, promotion, transfer, assignment, and retention of agency employees 10. Sexual harassment, ADA, EEO and others where a separate grievance procedure is provided by another policy. 11. Complaints between Man agement and Employees covered by the grievance procedure in Article 6 of the Collective Bargaining Agreement between the Sheriff and the current collective bargaining unit . D. All employ ees are encouraged to seek and obtain answers, through normal, day -to- day supervisory contacts and channels, to questions or problems regarding the administration of agency policies and regulations as they relate to their employment. 3. Definitions A. Compla int – for purposes of this policy, an employee statement of dissatisfaction concerning an action, condition or event in the work environment. Such actions, conditions or events must be specific, job related and have caused harm to an employee. Actions in clude matters involving the interpretation, application or enforcement of policies, procedures, general and special orders. B. Grievance - any unresolved complaint specifically identified as an action, condition or event in the work environment that is not a ddressed in another agency policy such as Sexual Harassment, ADA, EEO, Performance Evaluation, etc. C. Representative - a person chosen by the individual to represent him or her. 4. Procedures A. Complaint A complaint by an employee should first be made to the employee's immediate supervisor within fourteen calendar days following the occurrence of the incident or the most recent occurrence of a series of incidents which the employee has been unable to resolve informally. If unresolved, the employee should request a conference with the next level of supervision within his or her chain of command. Supervisors have a responsibility to be available to their employees and should make every effort to resolve the complaint informally. B. Grievance The following p rocedure has been established to confirm all grievances are fairly, equitably and promptly resolved. 1. Employees filing a grievance must complete a memorandum that contains a statement of the grievance and the facts upon which it is based; the allegation of the specific wrongful act and harm done; and the remedy or 5.1.1, Page 3 of 4 adjustment sought. Within fourteen calendar days of being unable to resolve the complaint, this memorandum must be completed and forwarded to the employees' immediate supervisor. The superviso r shall meet with the employee and his or her representative, if any, and reply in writing within fourteen calendar days to the grievance. A copy of the reply will be forwarded to the Human Resources Division Commander . If the grievance is not resolved, h e or she may proceed to the next step. 2. If the grievance is not resolved, the employee shall submit the grievance to the Section Commander within fourteen calendar days of receiving an answer in step 1. The Section Commander shall promptly meet with t he employee and his/her representative, if any. The Section Commander shall reply to the employee with a written decision not later than fourteen calendar days after receiving the grievance, unless a longer time period is mutually agreed upon. If the grie vance is not resolved, the employee may proceed to the next step. 3. If the grievance is not resolved, the employee shall submit the grievance to the Division Commander within fourteen calendar days of receiving the answer in step 2. The Division Command er shall promptly meet with the employee and his/her representative, if any. The