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HomeMy WebLinkAboutResolutions - 1981.02.19 - 14503Miscellaneous Resolution 81051 Date 2/19/81 BY : PUBLIC SERVICES ODIVITTEE - James E. Lanni, Chairman IN RE : CETA PROGRAM COMPLAINT PROCEDURE MODIFICATION TO THE OAICLAND ODUNFY BOARD OF OOMMISSIONERS Mr. Chairperson, Ladies and Gentlenen: WUEREAS the Oakland County Board of Commissioners by Miscellaneous Resolutions No. 6546 and 8883 applied for and was granted the designation as Prime Sponsor by the U. S. Department of Labor to administer the provisions of the Comprehensive Employment and Training Act of 1973 and the Comprehensive Employment and Training Act Amendments of 1978; and WHEREAS the CETA Regulations define the minimum acceptable program complaints procedure; and WHEREAS the Prine Sponsor's existing complaints procedure does not meet the minimum standards; and WHEREAS the U. S. Depart-rent of Labor has threatened to recapture the Prime Sponsor's administrative dollars if our complaints procedure does not comply with the CETA Regulations within the next twenty (20) days (Attachment, Pages 1 and 2). NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Comis- sioners approve the Prine Sponsor's new complaints procedure as outlined in the Attachment, Pages 3 through 6. Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE 7'.• • •:s Rop!y to the AttaritIon of: ' • ' 4 Mr. Harold R. Mc Kay Manager Employment and Training Division Oakland County 140 South Saginaw, 7th floor Pontiac, Michigan 48o58 Re: Complaint No. 81-CETA-5-565-C Dear Mr. Mc Kay: Enclosed is one copy of my initial determination in this case. Please notethat you are directed to submit a revised, grie,Ka12112r:.27 -c . — – meets the requirements of Title 20 CFR sections 676.83 and 676JA, nur indicate that you were in:-,771ed on both February 5 and December 3, 19CD requirement for processing complaints within 60 days. Clearly those di ,- have ignored. For that reason you are being directed to provide eviC. of coTpliance within 20 days of receipt of this letter, Additional information riz,,y be found on page eight of the enclosed notice. Sincerely, ‘"") t A - (4! • Marion C. Smith Associate Reclional Administrator Michigan Area Operations Office FEB Page 1 Complaint No. 81-CETA-5-565-c - 8 Comniaint The CETA trainees are paid less than regular employees doing the same work, 1-`-)e city has replaced regular employees with CETA workers. Determination The issues were referred back November 18, 1980 for exhaustion of local procedures and are considered not a part of this complaint. Relief Requested Mr. Tobey requested back pay for the October 4-22, 1979 suspension and reinstatemen Determdnation The relief is denied since neither the CET A regula:tions nor local procedures were violated with respect to the suspension or termir-tion. Corrective Action r-d:.:ired Oakland County is hereby directed to submit within tweaty_(20)_da7 of recilipt of this notice a revised grievance_procc,dUrc whichT7fts the requircts _ _ — CF?. section's 6 --76773-=F7-578-.4. _ If subrecipients are to be involved in any way, the sponsor must also iralUde individual summaries or copies of the procedrres used by all subrocipients which or train more than ten participants. In addition, the sponsor must provide a schedule for monitoring all employers for compliance with section 676.8.4 or provide a descr.iption of the alternate n--.(77 ,7-dres -- /which will be used. Possi ble Sanction Failure to demonstrate ,a good faith effort to comply with the corrective action 1,regrzired hin will result in the imposition of a sanction which could include a monthly reduction of administrative funds of at least ten per cent. ///•i . . . Onuortunitv. for Informal Resolution - Any party disagreeing with the findings, determinations, corrective action, or proposed sanotions contained In this notice has the opportunity to informally resolve those disagreements by notifying this office within ten (10) days of the rec•,ipt of this notice, of the desire to seek informal resolution. If no party seeks informal resolution, then this initial determination may become the grant officer's final determination. In the event of such a reduction, Oakland County will be prohibited from exT),,.nding less than those._=ms_.1 led for in its g=t. Any such rerfuotE6 -IfiTT:tn may be deemed sufficient cause for emercy termination (section 676.91( )) Page 2 COUNTY OE OAKI AND January 30, 1981 DANIEL T. MURPIIY. COUNTY EXECUTtVE Mr. Marion Smith, Associate Regional Administrator' United States Department of Labor Employalot and Training Admin.Zaration 230 South Dearborn Street Chicago, Illinois 60604 Dear Mr. Smith: The following report is in'response to the third quarter formal a$.s letter dated December 3, 1980, relative to the items - raaad. below: I. -Notice of rights and benefits and choice of 7on -f.1aint system. A. Our Master Plan, under the present modification, is being revised to include: 1. A narrative describing the participant, at the is ta7fied of his or he; od I the alanlicable activity. 'NI in eftect at the time of ermol n;.:1A, by our 2. Modification of the Master Ple will also aaa rative which will affirm the apt 's raz.--,Ca of so notifying participants of local grievance pro- cedures, as well as the Prime Sponsor's procedure at the cies. timo of orientation. 3, TI.... to arievance procedure will 1 for the (Y1,711 pro- This praaeJta II. . Prime Sponsor's hearings. The Prime Sponso be modified to provide the prescribed tim- cessing of grievances within the 30-day timo will modify our present investigative and in .Step "2" of the procedure, III. Prime Sponsor's written decision. The Prime Sponsor's grievaaoc. procedure as outlined in Step "1-3A" is being revised in order to oa:acta that a decision on the hearing will be attained within the fol-, , lowing the filing of the initial The above i. s , as sosttcd in the Prin, asscs - are being imalemented. However, it will be naaaoa't aolt these is-aaa vieva-A by the Oakland County Civil Counsel and apo-ovo,T 1-)y- the Oaklan, a of C,:-::1z,sioners Oakland County Employment & Training Admini5tration PONTIAC PLACE 140 South Saginaw Street, Suite 600, Pontiac, Michigan 48058 Page 3 Sincere ' Harold R. McKay Division Manager 'r Every attJ7 -::: will be made by this office to fully comply with the findings and recommendations of the Prime Sponsor's assessment letter. ekp Pe 4 Revised 11-1-ei e 1-30-81 2-6-81 0:kKIAA COUNTY: Ca11211EILATSIVE tel.Pi.C.n.IENT AND 'IRA IN ING ACT PROCEDURE Employment and Training Division 140 South Saginaw Street, Suite 600 Pontiac, Michigan 48053 Telephone: 858-1078 This Grievance Procedure is established for participants, subcontractors, subnrantees, and other parties enrolled in or contracted for any program funded through the Comrehensive Employment and Training Act of 1973. Complaints may be brought by any indivieivai or organi- zation including, but not limited to, any participant, subcontractor, subgrantce, service employee, applicant or any other individual who feels that a provision of L.he Act and/or the rules and regulations promulgated pursuant thereto have been violated. The following procedure will be used to resolve the dispute. - Step 1. Grievance is to be reduced to writing and presented to the agency/governntal unit administering the program in which the grievant is participating or has applied for employment. Grievances, with the exception of complaints .1.1.1e ,f,ng . fraud and criminal activities, must be made within one year of the alleeed occurrence. A meeting shall be conducted between the grievant and a rEme- - sentative(s) of the agency/governmental unit within five (5) days from filing said grievance. A written response shall be given to the grievant within five (5) days after said meeting. NO complainant, subject to the grievance procedure, may file a complaint with the Prime Sponsor until the grievance . procedures at the local subrecipient level have been exhausted. Step 2. If the dispute is not resolved in Step 1, the grievant may submit said grie- vance to the Director of the Oakland County Employment and Training Division or his appointed designee: Staff Assistant - Complaints Officer Oakland County Raployment & Training Administration 140 South Saginaw Street, Suite 600 Pontiac, Michigan 48058 Telephone: 858-0783 The Prime Sponsor will conduct an investigation of said grievance prior to the scheduling of an informal review. This informal review will be held between the Complaints Officer, grievant, and other related parties. The Director or Complaints Officer shall submit his/her written response to the grievant within five (5) days following the informal review. Step 3a. If the dispute is not resolved at Step 2, the grievant -may within five (5) days following receipt of the Director's or Complaints Officer's response, submit a request in writing, to include the reason, for a hearing to the Oakland County _ -Employment and Training Division Complaints Office. Complainant will be notifi: n_ not date of hearing whichwill be held within five (5) Cavs of reeeint of eaid The hearing shall be conducted in accordance with Inc cerplaint and nearL ,eya. determined by the CETA Rules and Regulations. A bearinpa when requested, sha ll provided within thirty (30) days after filing a complaint. Adjudicator shall submit his/her written decision to the grievant which shall include a synopsis of facts, a statement of reasons for the decision, a statement of faot, that this action completes the Prime Sponsor-Recipient Grievance Procedure, a state- ment of remedies to be applied, and that the complainant now has the right to file said grievance with the United States Department of Labor since the recipient grievance procedure has been exhausted. A written decision from the Hearing' Officer to the complainant(s) and any other interested parties shall be issued sixty (GO) days of the filing of the initial complaint. -•car, this period may be extended with the written consent of all parties for cause. b. This Grievance Procedure is mandated by Section 106 of the CETA Act and Section 676.83 of the CETA Pules and Regulations. At all levels of the Grievance Prc•-c. - all parties concerned may appear with or without benefit and assistan- coricsel and/or witn'ese, who may be represented by legal counsel. 1.-:e.7h party shall be given the opportunity to present oral and/or written at.t.,,'nt and shall tan given the opportunity to present evidence and/or arguriy -nit.--;. Each partey Tay cross-examne witnesses of the opposite party and each party may suUTdt rc.Thutrnl - eel dance. The nlles of evidence shal l i not apuly; however, irrelevant, ir:n -ntarial, or unduly ropetitous evidence may be excluded. Pages 5 and 6 S a 1181051 February 19, 1981 Moved by Lanni supported by Cagney the resolution be adopted. AYES: Caddell, Cagney, NGiovanni, Doyon, Fortino, Gosling, Hobart, Jackson, Kasper, Lanni, Moffitt, Moore, Olsen, Page, Patterson, Perinoff, Pernick, Price, Whitlock, Wilcox, Aaron. (21) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lynn D. Allen, Clerk of the County of Oakland and having a seal, do hereby certify that I have compared the annexed copy of Miscellaneous Resolution 1181051 adopted by the Oakland County Board of Commissioners at their meeting held on February 19, 1981 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, I have hereunto set my hand and affixed the seal of said County at Pontiac, Michigan Lynn D. Allen...................,..Clerk