5-14-003 Formal Grievances
(1) File Grievance With Senior Human Resources Officer.
(a) Formal grievances shall be submitted in writing within 10 working days of the event’s occurrence, or 10 working days after the employee should reasonably have learned of the event giving rise to the grievance, whichever is later. This time period shall halt if the parties are engaged in informal conflict resolution and shall begin to run again if a resolution is not reached through the informal process. The employee must file a written grievance with the Senior Human Resources Officer. The employee must attach all relevant documentation to the initial grievance.
(b) The Senior Human Resources Officer will investigate the grievance including obtaining a response to the grievance from the employee who is the subject of the written grievance and determine a resolution of the grievance. The Senior Human Resources Officer will respond in writing to the grievance within 10 working days after receiving the grievance (excluding the date that the grievance was received) explaining her/his decision. Both employees will acknowledge receipt of the decision. The Senior Human Resources Officer will provide a copy of the decision to both employees and place the decision in both employees’ personnel file.
(c) If the Senior Human Resources Officer fails to respond within the time limits, the employee may proceed to the next step in the grievance procedure.
(d) If the Senior Human Resources Officer fails to respond to the grievance within the time limits of subsection (1)(a) of this section (Step 1), or the employee’s grievance is not resolved to his or her satisfaction at Step 1, the employee may submit the grievance to the appropriate Chief Executive Team member. The grievance must be submitted in writing within five days of receipt of the Senior Human Resources Officer’s written response or within five days of the date the Senior Human Resources Officer was required to respond.
(e) The appropriate Chief Executive Team member shall issue a decision within 30 days of receipt of the grievance. After the appropriate Chief Executive Team member’s decision is completed an employee may choose to file a grievance with the Appeals Board pursuant to the provisions of the Appeals Board Ordinance.
(2) Conflict of Interest. In those situations where it would be a conflict of interest for a supervisor to hear the grievance, that supervisor shall excuse him or herself from hearing the matter. The supervisor will forward the grievance to the next higher level of supervision. If that level is the appropriate Chief Executive Team member, the appropriate Chief Executive Team member will have the discretion to appoint another supervisor to hear the grievance.
(3) Procedures Where Grievance Is Against a Chief Executive Team Member. If an employee has a grievance against a Chief Executive Team member, the employee may file his/her grievance with the Samish Tribal Council. The grievance must be submitted in writing to the Tribal Council Secretary within 10 working days of the event’s occurrence, or 10 working days after the employee should reasonably have learned of the event giving rise to the grievance, whichever is later. The provisions of the Appeals Board Ordinance govern the procedure for reviewing the employee’s grievance. [Res. 2022-10-016 § 1, 2022.]