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PART 2 RULES OF THE DIRECTOR OF HUMAN RESOURCES
INTERNAL COMPLAINT PROCEDURE,
APPEALS TO THE CIVIL SERVICE COMMISSION
§10-2 Rules applicable to internal complaints
§10-4 Required procedures
§10-5 Appeals to the civil service commission
Historical Note: Chapter 10 of part 2 is based upon chapter 13 of part 1 of the rules of the civil service commission. [Eff Jul 01 2002]
This chapter shall apply to applicants and employees of all positions in the city service not exempted by the provisions of sections 6-1103 and 6-1104 of the Revised Charter of the City and County of Honolulu, unless otherwise specified. [Eff Jul 01 2002] (Auth: HRS §76-17) (Imp: HRS §§76-12, 76-13, 76-14, 76-42)
§10-2 Rules applicable to internal complaints.
(a) For the purpose of this internal complaint procedure, a " complaint" exists if an applicant or employee alleges that there has been a violation, misinterpretation, or misapplication of a specific provision of a personnel law, regulation, rule or policy relating to:
(1) Recruitment and examination;
(2) Classification and reclassification of a particular position;
(3) Initial pricing of classes;
(4) Other employment actions under chapter 76, HRS, including disciplinary actions and adverse actions for failure to meet performance requirements as specified in subsection 76-41(b), HRS, taken against civil service employees who are excluded from collective bargaining coverage under section 89-6, HRS.
(b) Any applicant or employee alleging a complaint by an action under subparagraph (a)(1) above or any employee covered by chapter 76, HRS, alleging a complaint by an action under subparagraph (a)(2) or (a)(3) above shall be entitled to file an internal complaint. Employees covered by chapter 76, HRS, who are excluded from collective bargaining coverage shall be entitled to file an internal complaint under subparagraph (a)(4) above and for other alleged violations of adjustments provided under chapter 89C, HRS.
(c) Matters subject to collective bargaining grievance procedures shall not be considered a complaint under this chapter. [Eff Jul 01 2002] (Auth: HRS §76-17) (Imp: §§76-12, 76-13, 76-14, 76-42)
(a) An applicant or employee may, without resorting to formal procedures, discuss informally any problem relating to a complaint pursuant to section 2 above. Expeditious resolution through informal discussions are highly encouraged. A written decision shall be issued to the complainant on the outcome of any efforts to resolve the complaint informally.
(b) All proceedings relating to the handling of a complaint by a person who is not an employee shall, as far as practicable, be conducted during office hours at times convenient to the complainant. All proceedings relating to the handling of employee complaints shall so far as practicable be conducted during the employee's work hours to permit the employee time off from work with pay.
(c) No applicant or employee shall be coerced, discriminated against, or have reprisals taken against the applicant or employee for presenting a complaint.
(d) A complainant shall have the right to be represented by a person or persons of the employee's own choosing at any stage in the presentation of the complaint.
(e) The specific time limits and procedures as hereinafter provided shall be followed in processing all complaints. Any complaint not filed in accordance with the procedure or within the time limits specified within each step need not be considered by the appropriate authority or the commission. By mutual consent of both parties, any step as hereinafter provided may be waived and/or the time limits within each step may be extended. [Eff Jul 01 2002] (Auth: HRS §76-17) (Imp: HRS §§76-12, 76-13, 76-14, 76-42)
§10-4 Required procedures
(a) An applicant or employee may request in writing any relevant information needed to investigate and process a complaint. The appropriate individual who has the authority to act on the complaint shall respond to the request and provide relevant information in the possession of the department, as provided in applicable laws, within ten calendar days after receipt of the written request. An extension to provide the relevant information shall be granted upon the presentation of a reasonable explanation for the request. In the event a dispute arises as to whether or not there is a complaint, a response shall also be provided.
(b) Informal step.
(1) An applicant or employee shall file an informal complaint within 10 calendar days of the alleged violation or after the alleged violation first became known to the applicant or employee. For examination matters a complaint shall be filed within 10 calendar days following the postmark date of the original notice of examination results or the date of the original electronic notice of examination results. For classification and initial pricing actions, a complaint shall be filed within 10 calendar days following the date of the notice of action. The informal step includes the use of any administrative review process.
(2) A complaint shall, whenever possible, be discussed informally between the applicant or employee and an appropriate individual who has the authority to act on the complaint and who shall be responsible for contacting the complainant within ten calendar days of receiving the complaint.
(3) If it is discovered after filing of the complaint that the matter complained of is not within the authority of the individual with which the complaint was filed to act, the individual shall notify the complainant accordingly and refer the complaint to the appropriate agency, if known.
(4) A written decision shall be issued to the complainant within 10 calendar days after the completion of the informal step meeting or discussion or completion of the administrative review process. Nothing herein shall preclude departments from establishing their own internal procedures with the approval of the director. The departmental complaint procedure shall culminate in a written decision by the appointing authority or other appropriate authority assigned responsibility for making the final decision on the complaint.
(5) The appointing authority shall furnish to the director a copy of the complaint when initially filed, shall consult with the director prior to issuing an informal decision, and shall provide to the director a copy of the informal decision.
(6) If the complaint is denied at the informal step, information on filing a formal complaint with the civil service commission must accompany the written decision.
(7) The deadline for filing a formal complaint shall be 20 calendar days after receipt of the written response to the informal complaint. [Eff Jan 20 2012] (Auth: HRS §76-17) (Imp: HRS §§76-12, 76-13, 76-14, 76-42)
§10-5 Appeals to the civil service commission
(a) The internal complaint procedure shall be exhausted before an appeal is filed with the civil service commission. If the appeal is not under the jurisdiction of the commission, but some other administrative agency or appellate body, the complainant is responsible for the timely filing of such appeal with the appropriate agency regardless of whether the internal complaint procedure under this chapter was used.
(b) The commission need not consider any complaint which encompasses a different alleged violation than those in the informal step.
(c) All appeals shall conform to any rules and/or regulations of the commission. The commission's disposition of the complaint shall be final and binding on all persons concerned. [Eff Jul 01 2002] (Auth: HRS §76-17; RCH §4-105) (Imp: HRS §§76-12, 76-13, 76-14, 76-42)
|Last Reviewed: Thursday, February 02, 2012|