103–Complaints: Employees, Other Persons and Local Policy

POLICY:  103

ADOPTED: September 2002

Revised:  July 2003, July 2004

103         COMPLAINTS – EMPLOYEES AND/OR OTHER PERSONNEL AND PRIVATE DATA OF PERSONNEL

I. PURPOSE

The Service Cooperative takes seriously all concerns or complaints by employees and/or other persons. If a specific complaint procedure is provided within any other policy of the Service Cooperative, the specific procedure shall be followed in reference to such a complaint. If a specific complaint procedure is not provided, the purpose of this policy is to provide a procedure that may be used.

II. GENERAL STATEMENT OF POLICY

1. Employees, or other persons, may report concerns or complaints to the Service Cooperative. While written reports are encouraged, a complaint may be made orally. Any employee receiving a complaint shall advise the Executive Director or immediate supervisor of the receipt of the complaint. The supervisor shall make an initial determination as to the seriousness of the complaint and whether the matter should be referred to the Board of Directors. A person may file a complaint at any level of the Service Cooperative; i.e., Employee, Director or Board of Directors.
2. Depending upon the nature and seriousness of the complaint, the supervisor or other administrator receiving the complaint shall determine the nature and scope of the investigation or follow-up procedures. If the complaint involves serious allegations, the matter shall promptly be referred to the Director who shall determine whether an internal or external investigation should be provided. In either case, the Director shall determine the nature and scope of the investigation and designate the person responsible for the investigation or follow-up relating to the complaint. The designated investigator shall ascertain details concerning the complaint and respond promptly to the appropriate administrator concerning the status or outcome of the matter.
3. The appropriate administrator shall respond in writing to the complaining party concerning the outcome of the investigation or follow-up, including any appropriate action or corrective measure that was taken. The Director shall be copied on the correspondence and consulted in advance of the written response when appropriate. The response to the complaining party shall be consistent with the rights of others pursuant to the applicable provisions of Minn. Stat. Ch. 13 (Minnesota Government Data Practices Act) or other law.

III.       THREE LEVEL APPEAL PROCESS:

                        Level 1) Other supervisory or administrators next in the line of responsibility;

Level 2) The Executive Director;

Level 3) The Board of Directors

An appeal to be heard by the Board of Directors, under request level 3, must be in writing, signed by the party bringing the same, and presented to the Board through the Executive Director.  Said complaint must be investigated by staff and or legal counsel prior to appropriate Board consideration.

IV. EMPLOYEE DATA:

The Board of Directors, acting in good faith, has the responsibility to act on governance issues that have been researched and presented.  Comments and/or complaints about any Service Cooperative employee are not appropriate topics for Board of Director Meetings.  The Board will not hear such comments at a meeting and will, instead, provide all interested persons with a copy of this policy setting forth the appropriate procedures for bringing an employee performance issue to the Service Cooperative’s attention.

Legal References:                  Minn. Stat. Ch. 13 (Minnesota Government Data Practices Act)