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Henry1W. Hoot, Cairman
Miscellaneous Resolution No. 7808 January 20, 1977
BY: PUBLIC SERVICES COMMITTEE - Henry W. Hoot, Chairman
IN RE: C.E.T.A. GRIEVANCE AND APPEALS PROCEDURES
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairman, Ladies and Gentlemen:
WHEREAS, the Oakland County Board of Commissioners has been •
designated by the U.S. Department of Labor Prime Sponsor to administer
the provisions of the Comprehensive Employment and Training Act of 1973,
as amended; and
WHEREAS, C.E.T.A. regulations require, in part, for the Prime
Sponsor to develop a grievance procedure for applicants and enrollees of
all C.E.T.A. funded programs; and
WHEREAS, the Oakland County Board of Commissioners by Miscellaneous
Resolution No. 6959 adopted grievance procedures conssistent with the C.E.T.A
regulations; and
WHEREAS, subsequent changes to the C.E.T.A. regulations necessitate
modification of the county's C.E.T.A. grievance procedure.
NOW, THEREFORE, BE IT RESOLVED that the Public Services Committee
recommends to the Oakland County Board of Commissioners the adoption of the
attached C.E.T.A. grievance and appeals procedures.
The Public Services Committee, by Henry W. Hoot, Chairman, moves
the adontion of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
OAKLAND COUNTY
COMPREHENSIVE EMPLOYMENT AND TRAINING ACT
APPLICANT/PARTICIPANT
GRIEVANCE PROCEDURE
(revised January, 1977)
Introduction
The government of Oakland County has been designated as the prime sponsor and thus is
responsible for the programs funded under the Comprehensive Employment and Training Act
of 1973, as amended. In accordance With section 98 subpart C of the CETA rules and
regulations, as published in the Federal Register June 25, 1976, Oakland County has
adopted the following procedure for considerering complaints and grievances submitted
by CETA applicants or participants.
General Instructions
Each applicant will be given a copy of the grievance procedure to keep for reference.
He/she will also be asked to sign a copy of the procedure to acknowledge receipt of
the document, and this signed document will be retained by the employing/training
agency. A copy of the signed grievance procedure will be retained by Oakland County
as prime sponsor.
Grievance Procedure
1. The prime sponsor supports and subscribes to an orderly method of resolving
complaints and to this end, the applicant/participant should first bring
his/her problem or grievance to the attention of his/her immediate supervisor
(counselor or instructor) who shall attempt to resolve the complaint
informally.
Ia. If theapplicant/participant is unable to resolve his/her complaint or
grievance informally, he/she should follow the local grievance procedure for
that emplOying/training agency. (See section 2 below.)
lb. If the employing/training agency does not have a local grievance procedure,
the applicant/participant should next bring his/her complaint to the
attention of the prime sponsor, Oakland County, as described in section 3 below.
2. In the event that the aggrieved party is an applicant for or an enrollee of
a CETA funded program involving a local unit of government (city, village,
township, school district, or state agency); a private nonprofit agency; or a
private for-profit agency or corporation which operates with a formal grievance
procedure as set forth in either (1) the civil service system (2) merit system
(3) labor contract or (4) other contractual grievance procedures, the
aggrieved party must adhere to and exhaust the administrative remedies of the
agency involved. If the aggrieved party is not satisfied with the decision,
he/she may forward his/her complaint or grievance to the Department of Labor
as described in section S.
3. If the complaint or grievance is not resolved informally and there is no
local grievance procedure, the complainant may bring his/her grievance to the
attention of the prime sponsor, Oakland County, within 30 calendar days of the
action which is the subject of the grievance. The prime sponsor staff member
who will assist the complainant is:
Ralph Florio
Oakland County Manpower Division
2370 Pontiac Lake Road
Pontiac, Michigan 48054
858-1072
3a. This assistance will include reviewing the grievance with the complainant,
informing the complainant of his/her rights, describing the steps in the CETA
appeals process and giving the complainant a copy of the appeals procedures.
The prime sponsor complaints officer will assist the complainant in stating
his/her grievance in writing when the complainant requests such assistance,
4. Quorum
Three members of the appeals board shall constitute a quorum.. A majority
of the members present and voting shall determine the decision of the appeals
board.
• Meetings — . A V\ , \ ::\ r-, , .-k)- ."-?, cl
/ Hearings conducted by the appeals board shall be conducted in executive session.
During deliberation in rendering a decision, only members of the appeals board
shall be present.
6. Written record and notice of decision
There shall be a written record of the Appeals Board hearings, The Chairman
(hearing officer) will prepare a written decision of the Appeals Board to he
forwarded to the complainant and respondent within 10 calendar days of the
decision. The written decision will include a statement that a CETA Appeals
"Board hearing was held, giving the time and place, the names of those
attending, a statement of the issue, the opinion and reasons for the decision
stating the applicable section of the Act and any action to be taken. The
decision will also include a restatement of the procedure for requesting that
a grievance be investigated by the U.S. Department of Labor as stated in
Section Sa of the grievance procedure.
The written record will be made available for subsequent review by the U.S.
Department of Labor if the grievance is appealed,
6a. If any member of the Appeals Board disagrees with the decision reached or the
basis for that decision, he/she may render a written minority opinion. Such
an opinion shall be made a matter of written record of the Appeals Board hearing
and be forwarded along with the decision of the Appeals Board to the complainant
and respondent,
OAKLAND COUNTY, .
COMPREHENSIVE EMPLOYMENT AND TRAINING ACT
APPEALS PROCEDURES
(revised January, 1977)
Introduction
Although the review process for grievances and complaints will generally be
utilized by an applicant or participant, complaints might also originate from other
interested parties such as local units of government, community based organizations,
or the Public. Grievances might be filed due to dissatisfaction with wages,
working conditions, discrimination, or disciplinary action. Complaints might be
filed against the prime sponsor's performance under its grant, against a prime
sponsor's action in regard to a participant, against a subcontractor's or sub
grantee's performance, or against a prime sponsor's compliance with the Act or
regulations in its plan or operation..
As described in the Grievance Procedure, the prime sponsor supports and subscribes
to the method whereby complainants attempt to resolve their grievances informally
and locally whenever possible. However, if the prime sponsor receives an anonymous
complaint, it will investigate the complaint if sufficient information is provided
regarding the nature of the complaint. The prime sponsor will make every effort to
maintain the confidentiality of the complainant's name, but it may ask the
complainant to sign a waiver of this right to ease the investigation.
1. Appeals Procedure
If the grievance is not resolved informally following the prime sponsor review
(Section 3 of the Grievance Procedure), the complainant may request a hearing
before the CETA appeals board within 10 calendar days of the receipt of the
letter stating the conclusions of the prime sponsor's review. A hearing will
then be scheduled within 15 calendar days of the prime sponsor's receipt of
the request for a hearing before the CETA appeals board.
2. Written Notice
Written notice of the scheduled hearing before the CETA appeals board will be
sent to the complainant and the respondent. Receipt of this notice by the
complainant and respondent shall not be less than 5 calendar days prior to
the scheduled meeting. This written notice will clearly state the following:
a. The date, hour, and place of the hearing
b. The purpose of the hearing with a statement of the issues and
pertinent sections of the regulations involved
c. The importance of attending the hearing and the disadvantage
of not attending
d. The rights of those present at the hearing to be represented
by Counsel to present testimony, witnesses, records, and to
refute the testimony and evidence presented *
e. The order of the hearing and procedures to be followed
f. Information regarding where additional assistance can be
obtained
3. Appeals Board Membership
The CETA Appeals Board shall consist of 5 members of the Public Services
Committee of the Oakland County Board of Commissioners appointed by the Chair-
man of the committee with the concurence of the Board of Commissioners. The
Chairman of the Public Services: Committee shall in his/her appointments
designate a Chairman and Vice-Chairman. Consistent with the CETA regulations,
the Chairman of the Appeals Board shall function as the "hearing officer".
* Any costs incurred by the complainant for legal counsel shall be at the expense
of the complainant.
31 . If the grievance involves equal employment .opportunity, the Equal
Employment Opportunity officer will be present during the discussion
and assiSt the complainant. The Equal Employment Opportunity Officer
for Oakland County as prime sponsor is:
Thomas ma Tucker
'Oakland County Manpower Division
2370 Pontiac Lake' Road
Pontiac, Michigan 48054
858-1073'
3c. Every attempt will be made to resolve, within 30 calendar days, the
grievance informally at the prime sponsor level; to ascertain the pertinent
facts in the grievance from the applicant-participant and the employing/
training agency, and to safeguard the applicant's/participant's rights.
Upon conclusion of the prime sponsor's review of the grievance with the
complainant, the prime sponsor will send a letter of response to the
complainant within ID calendar days. This letter will state the conclusions
drawn from the review and the action to be taken, as well as, notification of
the next step in the CETA appeals process.
4. If the grievance is not resolved informally following the prime sponsor review
(section 3), the complainant may request a hearing before the CETA Appeals
Board within ten calendar days of receipt of the letter of response from the
prime sponsor. Upon request, the complainant will be provided prime sponsor
staff assistance in requesting an Appeals Board hearing.
4a. The presiding officer for this hearing will be an impartial adjudicator,
and there will be a full opportunity for the complainat to be heard and to
hear and refute the testimony and evidence presented. There shall be a
written record of the appeals hearing, and the respondent and complainant
will be notified in writing of the deciSion made and the basis for the
decision within ten calendar days of the conclusion of the hearing of the
CETA Appeals Board.
S. Any applicant/participant in a program funded under the Comprehensive Employment
and Training Act of 1973, as amended, has the right to have their grievance or
complaint investigated by the Department of Labor when the following two
conditions have been met.
(i) A CETA applicant/participant must exhaust or complete all adminis-
trative procedures established by the local employing/training
agency as contained in this notice prior to requesting an investi-
gation by the Department of Labor. At the conclusion of these
local procedures the employing/training agency will send written
notification to the applicant/participant of his/her right to an
investigation by the Department of Labor.
(ii) Any complaint or grievance submitted to the Department of Labor
must be initiated within 30 calendar days of receipt of the
decision at either the conclusion of the local grievance procedure
for the employing/training agency or at the conclusion of the
Oakland County CETA Appeals Board hearing if there is no local
grievance procedure.
5a. Complaints or grievances meeting the above conditions may be forwarded to the
Department of Labor and are to be addressed to: The Assistant Regional
Administrator for the State of Michigan. Marion C. Smith
U.S. Department of Labor
. Region V Employment and Training
230 South Dearborn Street
Chicago, Illiuoi§ 60604
5b. If the complainant is not satisfied With :the decision of the Assistant
Regional Administrator, he/she may file his/her complaint in United States
District Court, If a grievance is settled to the agreement of both parties
involved at a previous level, it is considered resolved.
6. Any grievance not appealed within the time limit specified in any step of
the grievance procedure shall be considered withdrawn or resolved on the
basis of the last decision except as provided in the last step involving
filing the complaint in United States District Court.
This is to acknowledge that the grievance procedure for CETA applicants and participants
has been explained to me on this date, and I fully understand what I have to do to file
a grievance if this becomes necessary.
Signature of Applicant/Participant Social Security Number Date
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C.E.T.A. GRIEVANCE AND APPEALS PROCEDURE FLOW DIAGRAM
LOCAL
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#7808 January 20, 1977
Moved by Hoot supported by Kelly the resolution be adopted.
Moved by Hoot supported by Kelly the resolution be amended under
Section 5 - Meetings, to read: "Hearings conducted by the appeals board shall
be conducted in accordance with the provisions of Michigan Public Acts 267
of 1976. This will take the place of language under Section 5 - Meetings.
A sufficient majority having voted therefor, the motion carried.
Moved by Daly supported by Fortino the resolution as amended be laid
on the table until the next regular Board meeting.
A sufficient majority having voted therefor, the motion carried.
#7808 February 3, 1977
Moved by Hoot supported by Simson that Resolution #78.08, as
amended, be adopted. .
AYES: Page, Patterson, Perinoff, Pernick, Peterson, Price, Simson,
Wilcox, Daly, DiGiovanni, Doyon, Fortino, Gabler, Gorsline, Hoot, Kelly,
Lanni, McConnell, McDonald, Moffitt, Moxley, Murphy. (22)
NAYS: None. (0)
A sufficient majority having voted therefor,
,amended, was •adopted
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
1, Lynn D. Allen, Clerk of the County of Oakland and
having a seal, do hereby certify that I have compered the annexed copy of
Miscellaneous Resolution #7808 adopted by the Oakland County Board of
ep. elT ."6.beeeinopa, m Owes.oe e.e e Bp ir r, cp so eeSse 5.. C s•aa
Commissioners at their meeting held on February 3, 1977 ,
with the original record thereof now remaining in my
office, and that it is a true and correct transcript
therefrom, and of the whole thereof.
In Testimony Whereof, 1 have hereunto set my hand and
affixed the seal of said County at Pontiac, Michigan
Lynn D. ..... ...Clerk