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Style Definition ... Formatted ... Formatted ... MARICOPA COUNTY INTERNAL POLICY Formatted ... Deleted Cells ... Deleted Cells ... Merged Cells ... Maricopa County Internal Policy Title: Formatted Policy Number: ... EMPLOYEE WORKPLACE CONCERNS Formatted HR2405 ... Ombudsman Policy Title: Employee Split Concerns Cells IssueCurrent Adop ... Resolution Program Date: 7/1998 Formatted ... Policy Category Formatted Human ... Formatted ResourcesCurren ... Formatted Implementation ... Da Reviewed by: Gwynn Simpson Approved by: David R. Smith Merged Cells Revision Date: ... BOARD OF SUPERVISORS Formatted 9/20/2005Board ... Agenda Number: Formatted ... Formatted Table Original Adoption ... D Deleted Cells ... Deleted Cells ... A. Purpose: Formatted ... Employees are encouraged to raise questions or concerns about the application of Formatted ... applicable Merit Rules, Human Resources Plans, Administrative Personnel Formatted ... Procedures, departmental work rules, and unsafe or unhealthy work environments. Formatted ... Employees should discuss these issues with their immediate supervisor whenever Formatted ... possible, and if possible, the supervisor should work with the employee to resolve Deleted Cells ... the concerns. If the concerns cannot be resolved to the employee's satisfaction by Deleted Cells ... the immediate supervisor, this procedure provides for additional, prompt, review by Formatted ... the appointing authority and/or the Employee Ombudsman. Formatted ... B. Definitions: Formatted ... I. PURPOSE Formatted ... Deleted Cells ... This Policy provides for a formal resolution process for employee workplace concerns and Deleted Cells ... encourages resolution at the lowest possible level. This Policy is intended to supplement, Merged Cells ... rather than discourage or replace informal discussions between a supervisor and employee. Formatted ... Formatted ... Formatted ... II. APPLICATION Formatted ... Formatted ... This Policy applies to employees of all appointed departments and Maricopa County Special Districts. Unless adopted by an elected official, this Policy is instructive only, subject to review Merged Cells ... by Employee Relations for compliance with federal or state law. Formatted ... Formatted Table ... Inserted Cells ... III. DEFINITIONS Inserted Cells ... Formatted ... A. Appointing Authority: An elected official, the single administrative or executive Formatted ... head of a departmentDepartment/Special District, or the designated representative Formatted ... (designee) authorized to act in this capacity. Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... C. Policy: B. A. Employee Relations: The Employee Relations division of the Maricopa County Human Resources Department located at 301 W. Jefferson Avenue, Suite 200, Phoenix, Arizona 85003. C. Department Human Resources: The employee’s assigned internal human resources office. If there is no departmental human resources, then it refers to the department’s assigned HR Liaison. D. Workplace Concern: An issue, inquiry or complaint regarding workplace practices or conduct, which cannot be addressed through other specific complaint or appeal procedures. Examples of workplace concerns include, but are not limited to: Inappropriate, unfair or inconsistent application of policies or procedures Discourteous treatment of an employee, fellow employees or the public Inappropriate relationships in the workplace Misuse of County equipment or property Personal or professional conflicts of interest Code of Ethics violations A violation of County policy IV. POLICY AND PROCEDURE A. Addressing Workplace Concerns: Employees who have a workplace concern should first attempt to discuss the issue with their immediate supervisor whenever practicable, and if possible, the supervisor should work with the employee to resolve the concerns. Step 1: An employee who has a workplace concern should report the concern first to their direct supervisor or the next higher level of management. If the supervisor is the subject of the concern, employees may choose to submit the concern to the next higher level of management. Employees are encouraged to submit the concern by completing the Maricopa County Employee Workplace Concern Form and providing the completed form to their supervisor or manager. Step 2: If a supervisor or manager receives a completed form or a verbal statement regarding a workplace concern from an employee, the supervisor or manager should respond to the employee within 14 calendar days after receiving the notice. (Written responses are not required under this Policy.) If a resolution is taking longer than 14 calendar days, the supervisor or manager should notify the employee of the current status and provide an approximate completion date. Formatted: Footer Step 3: If the employee is not satisfied with the supervisor’s or manager’s response, the employee may forward their concern in writing to Department Human Resources. If the Appointing Authority or Department Human Resources is the subject of the concern, the employee may submit the concern to Employee Relations. The employee should submit a written statement to Department Human Resources as soon as possible after the date of the employee’s receipt of the supervisor’s or manager’s response or lack of a timely response. Department Human Resources may investigate the employee’s concern and consult with Employee Relations, the Department’s Appointing Authority, and any other necessary members of management to resolve or address the employee’s concern. If resolution by Department Human Resources is taking longer than 14 calendar days, Department Human Resources should notify the employee of the current status and provide an approximate completion date. If Department Human Resources decides not to take further action regarding the matter, the employee should be notified within 14 calendar days. Step 4: If the employee is not satisfied with the response from Department Human Resources, the employee may submit the concern, along with any prior Formatted: Not Expanded by / Condensed by documentation, to Employee Relations. The employee should submit the written Formatted: List Paragraph, Right: 0", Space statement to Employee Relations within 7 calendar days from the date of the Before: 0 pt, Line spacing: single, Numbered employee’s receipt of Department Human Resources’ response. If the employee + Level: 2 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" has not received a timely response from Department Human Resources, the + Indent at: 0.75", Tab stops: 0.88", Left + employee may notify Employee Relations. Employee Relations may investigate the Not at 1.19" employee’s concern and consult with Department Human Resources, the Formatted: Not Expanded by / Condensed by Department’s Appointing Authority or other employees, as needed, to resolve or Formatted: Not Expanded by / Condensed by address the employee’s concern. If a resolution is taking longer than 14 calendar Formatted: Not Expanded by / Condensed by days, Employee Relations should notify the employee of the current status and Formatted: Not Expanded by / Condensed by provide an approximate completion date. Formatted: Not Expanded by / Condensed by Formatted: Not Expanded by / Condensed by Step 5: If Employee Relations is unable to resolve or address the employee’s concern or decides not to take further action regarding the matter, Employee Formatted: Not Expanded by / Condensed by Relations, with the concurrence of the Maricopa County Human Resources Director, Formatted: Not Expanded by / Condensed by will provide a response to the employee, which will be the final decision and Formatted: Not Expanded by / Condensed by resolution of the employee’s concern. Formatted: Not Expanded by / Condensed by Formatted: Not Expanded by / Condensed by Formatted: Not Expanded by / Condensed by B. Employees who submit concerns in good faith under this Policy shall not be subject Formatted: Not Expanded by / Condensed by to adverse action. Formatted: Not Expanded by / Condensed by Formatted: Not Expanded by / Condensed by Formatted: Not Expanded by / Condensed by Formatted: Not Expanded by / Condensed by V. ISSUES EXCLUDED FROM THIS POLICY Formatted: Not Expanded by / Condensed by Formatted: Not Expanded by / Condensed by A. An employee may not use the process outlined in this procedurePolicy to seek Formatted: Not Expanded by / Condensed by review of decisions or actions for which there is already another available internal Formatted: Not Expanded by / Condensed by review procedure. These include, but are not limited to annual, performance Formatted: Not Expanded by / Condensed by evaluation ratings, and issues that may be appealed to the Merit Commission Formatted: Not Expanded by / Condensed by (dismissal, suspension, or involuntary demotion that may be appealed to the Merit Formatted: Footer Commission. Concerns about employment discrimination, workplace professionalism). Employees also may not use this policy to challenge a reduction- in-force or harassment are addresses ina Department’s decision to use furloughs. Formatted: Not Expanded by / Condensed by (Administrative Personnel Procedure HR2406: Workplace Formatted: Not Expanded by / Condensed by Professionalism: Avoiding Harassment and Discrimination. Employees may Formatted: Underline not use HR 2405 to raise these issues). An employee cannot use both policy HR2405 and HR2406 simultaneously for the same issue. Employees are not required to use either process outlined in this procedure or HR2406 before exercising their rights under state or federal B. Concerns about potential employment discrimination laws. If employees are , Formatted: List Paragraph, Right: 0", harassment or retaliation based on a characteristic protected by state or federal law Numbered + Level: 2 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned are addressed in HR2406. If an employee is not sure whether their at: 0.5" + Indent at: 0.75", Tab stops: 0.88", complaintconcern falls under policy HR 2405this Policy or 2406Policy HR2406, the Left employee should contact Department Human Resources or Employee Relations at Formatted: Not Expanded by / Condensed by 301 West Jefferson, Suite 221, Phoenix, AZ 85003 or call 602-506-5007 for Formatted: Not Expanded by / Condensed by guidance. Formatted: Not Expanded by / Condensed by Formatted: Not Expanded by / Condensed by C. B. The Employee Ombudsman is a neutral third party who serves as a resource to Formatted: Underline employees who have work related concerns, as defined by this policy. The Formatted: Font: Arial, 12 pt, Underline Employee Ombudsman'sRelations’ review of a decision by an Elected Formatted: List Paragraph, Space Before: 0 Officialelected official will be limited to employee workplace concerns that relate to pt, Line spacing: single compliance with state or federal law. Formatted: List Paragraph, Justified, Right: 0", Numbered + Level: 2 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75", Tab stops: 0.88", Left + Not at 1.19" Formatted: Not Expanded by / Condensed by Formatted: Underline Formatted: Footer Maricopa County Internal Policy Number: HR 2405 Ombudsman Policy Title: Employee Concerns Issue Date: 7/1998 Resolution Program Policy Category: Human Initiating Department: Human Revision: 2 Resources Resources D. Authority and Responsibilities: The Human Resources Department is responsible for administering this policy. Departments are required to follow this policy and if they have questions to direct them to Human Resources Employee Relations, 301 West Jefferson, Suite 221, Phoenix, AZ 85003. Phone 602-506-5007 E. Procedures: A. An employee who has a concern as defined in this policy should complete Attachment A. The employee is encouraged but not required to submit the completed form to his/her supervisor. If a supervisor receives a completed form or a verbal statement from an employee, the supervisor shall respond within five business days after receiving the notice. If the employee is not satisfied with the supervisor's response or the supervisor fails to provide an answer within five business days, the employee may forward his or her concern using Attachment A form to the appointing authority (Department Director or Elected Official) or designee. The employee must submit the request to his or her appointing authority or designee within ten business days from the day of the employee’s receipt of the supervisor’s response or lack of response. It is the responsibility of the appointing authority (Department Director or Elected Official) or designee to investigate the employee's question or concern, discuss it with the employee, and provide a written response to the employee within ten business days. B. Maricopa County encourages employees and supervisors to resolve issues at the lowest possible level. In those rare cases where the employee does not feel comfortable going to their immediate supervisor or their department director the employee may directly go to the Employee Ombudsman. Where appropriate, the Employee Ombudsman will, investigate, review, and discuss the employee's concern with the employee as soon as possible. The Employee Ombudsman will provide a response to the employee, which will be the final decision and resolution of the employee's concern. C. The employee shall be permitted a reasonable amount of paid work time to draft a written statement of his or her concerns and to meet and discuss his or her concerns with the Employee Ombudsman. The reasonable amount of paid Formatted: Footer Maricopa County Internal Policy Number: HR 2405 Ombudsman Policy Title: Employee Concerns Issue Date: 7/1998 Resolution Program Policy Category: Human Initiating Department: Human Revision: 2 Resources Resources work time shall not be more than 2 hours paid work time. Under no circumstances should the employee be required to work more then 40 hours in a workweek to make up the time. The employee must notify their supervisor to that they need time away from the office to meet with the Employee Ombudsman. Supervisors must be flexible in making this accommodation. D. An employee may bring another Maricopa County employee or other individual to the meeting to assist in understanding and resolving the employee's concerns. The co-worker or other individual will be permitted to participate in the meeting only where the individual's input is, in the discretion of the appointing authority or Employee Ombudsman, determined to be productive in facilitating a resolution of the employee's concerns. E. Maricopa County encourages employees to take advantage of the Employee Concerns Resolution Program, and is committed to preventing any retaliation against persons who raise questions/concerns about the terms and conditions of their employment. All Maricopa County managers and supervisors at all levels are expected to behave in a professional manner, and to take the time to answer questions, and work toward the resolution of workplace concerns. Doing so will make an important contribution to the overall performance and growth of our organization. Formatted: Footer Maricopa County Internal Policy Number: HR 2405 Ombudsman Policy Title: Employee Concerns Issue Date: 7/1998 Resolution Program Policy Category: Human Initiating Department: Human Revision: 2 Resources Resources MARICOPA COUNTY EMPLOYEE CONCERNS RESOLUTION FORM (Attachment A) Date: Addressed to: ( ) Supervisor/Manager’s Name: ( ) Department Director/ Elected Official (or Designee): ( ) Employee Ombudsman Employee’s Name Working Title: Department: Work Phone: Date of the event (or first knowledge of the event): What Happened (Facts): Date of verbal discussion with supervisor about the event: Supervisor’s Response to Verbal Discussion: Employee’s Requested Solution: cc: Employee Ombudsman (Required) Formatted: Footer Formatted: Left: 1", Right: 1", Top: 1", Maricopa County Internal Policy Number: HR 2405 Bottom: 1", Different first page header Ombudsman Policy Title: Employee Concerns Issue Date: 7/1998 Resolution Program Policy Category: Human Initiating Department: Human Revision: 2 Resources Resources Formatted: Font: Arial, Bold, Underline Formatted: Space After: 10 pt, Line spacing: Multiple 1.15 li Formatted: Footer