Establishment And Adoption Of Employee Problem Solving And Due Process Procedures

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 53 PERSONNEL SYSTEM 67-5315. Establishment and adoption of employee problem solving and due process procedures. (1) Each participating department shall, on or before July 1, 1999, establish and adopt an employee problem solving procedure within such department, which shall be reduced to writing and shall be in full compliance with the provisions of the uniform problem solving procedure as adopted by rule by the administrator pursuant to subsection (4) of this section. The department problem solving procedure shall be approved by the administrator of the division of human resources prior to implementation or amendment. A copy of the approved problem solving procedure plan shall be furnished and explained to each employee of the department concerned. No employee shall be disciplined or otherwise prejudiced in his employment for exercising his rights under the plan, and department heads shall encourage the use of the plan in the resolution of grievances arising in the course of public employment. A classified employee may file under the problem solving procedure any matter, except that compensation shall not be deemed a proper subject for consideration under the problem solving procedure except as it applies to alleged inequities within a particular agency or department, and except for termination during the entrance probationary period, and except for those matters set forth in subsection (2) of this section. (2)  No action of a participating department relating to a disciplinary dismissal, suspension or demotion, or an involuntary transfer of a classified state employee shall be effective until the affected employee shall have received notice and an opportunity to be heard. The classified employee may then appeal to the Idaho personnel commission those disciplinary matters set forth in section 67-5316 (1)(a), Idaho Code. (3)  If the filing concerns a matter which is reviewable pursuant to section 67-5316 , Idaho Code, the time for appeal to the commission shall not commence to run until the employee has completed the problem solving procedure provided by the department in accordance with the terms thereof or, in the case of disciplinary actions set forth in subsection (2) of this section, until the disciplinary action becomes effective; provided, however, the failure of an employee to pursue the problem solving procedures established within the department shall constitute a waiver of the employee’s right of review by the commission. (4)  The division of human resources shall adopt a rule defining uniform problem solving and due process procedures for use by all participating departments with classified employees. With respect to the problem solving procedure, the rule shall provide a complete procedure for all stages of the process, including problem solving meetings with department representatives in the employee’s chain of command. With respect to the due process procedure, the rule shall provide that the employee receive notice and an opportunity to be heard before the department decides in favor of disciplinary action. The rule shall also provide for time periods for each step of the procedures. The rule shall provide for the use of an impartial mediator upon agreement between the agency and the employee. The employee shall be entitled to be represented by a person of the employee’s own choosing at each step of the procedures, except the initial informal discussion with the immediate supervisor prior to filing under the problem solving procedure.