Regulations of Connecticut State Agencies (Last Updated: June 14,2023) |
Title5 State Employees |
SubTitle5-201-1_5-201-17. Procedure for Hearing Appeals |
Sec.5-201-15. Method of and time limits for filing appeals
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(a) In cases brought by an individual employee under section 5-202 of the Connecticut General Statutes other than cases of dismissal, demotion or suspension, and cases brought by an individual employee or a quasi-public employee under 4-61dd(c) of the Connecticut General Statutes other than cases of dismissal, demotion or suspension.
(1) First Level
(A) Any employee or quasi-public employee wishing to appeal shall present his or her grievance in writing to his or her supervisor or department chief or other employee as designated by his or her appointing authority not later than thirty calendar days after the date of the alleged violation. The grievance shall be submitted on a form designated by the Board and shall state the date of the violation, and the relief sought by the grievant.
(B) Not later than seven calendar days after the submission of the grievance, the First Level designee shall either respond to the grievance, or convene a meeting for the purpose of reviewing the grievance. If a meeting is convened, the First Level designee shall respond to the grievance not later than seven calendar days after the meeting.
(2) Second Level
(A) If the grievant is dissatisfied with the response at the First Level, he or she may present his or her grievance to his or her appointing authority or designated representative not later than seven calendar days after the response given at the First Level. The original grievance form containing the First Level response shall be used.
(B) Not later than seven calendar days after the submission of the grievance, the Second Level designee shall either respond to the grievance or convene a meeting for the purpose of reviewing the grievance. If a meeting is convened, the Second Level designee shall respond to the grievance not later than seven calendar days after the meeting.
(3) Third Level
(A) If the grievant is dissatisfied with the response at the Second Level, he or she may present his or her grievance to the secretary not later than seven calendar days after the response given at the Second Level. The original grievance form containing the First and Second Level responses shall be used.
(B) Not later than thirty calendar days after the submission of the grievance, the secretary shall either respond to the grievance or convene a meeting for the purpose of reviewing the grievance. If a meeting is convened, the secretary shall respond to the grievance not later than fifteen calendar days after the date of meeting.
(4) Board Appeal
(A) If the grievant is dissatisfied with the response at the Third Level, he or she may appeal the action to the Board not later than thirty calendar days after the completion of the Third Level review procedure.
(B) The grievant shall file a completed Grievance and Appeal packet with the Board and one copy with the Office of Labor Relations. Blank packets may be obtained from the grievant's appointing authority's personnel office or from the Board.
(b) In cases of dismissal, demotion or suspension brought by an individual employee under section 5-202 of the Connecticut General Statutes and cases of dismissal, demotion or suspension brought by an individual employee or a quasi-public employee under section 4-61dd(c) of the Connecticut General Statutes.
(1) Preliminary Review
(A) Any employee or quasi-public employee subject to dismissal, demotion or suspension wishing to appeal shall file a grievance with the secretary not later than thirty calendar days after the effective date of such action. The grievance shall be submitted on a form designated by the Board.
(B) The secretary shall respond to the grievance or convene a meeting to discuss the grievance not later than thirty calendar days after its receipt. In the event a meeting is held, the secretary shall respond to the grievance not later than fifteen calendar days after the date of the meeting.
(2) Board Appeal
(A) If a grievant is dissatisfied with the response from the preliminary review proceeding on a dismissal, demotion or suspension, he or she may appeal the action to the Board not later than thirty calendar days after the completion of the review proceeding.
(B) The grievant shall file a completed Grievance and Appeal packet with the Board and one copy with the Office of Labor Relations. Blank packets may be obtained from the employee's appointing authority's personnel office or from the Board.
(C) In the preliminary review proceedings and Board appeal, grievants are entitled to representation of their own choosing. No verbatim records shall be required in preliminary review proceedings, and no oaths or affirmations shall be administered at preliminary proceedings.
(D) The Board may consolidate appeals filed by different grievants involving the same or similar issues, provided each grievant may present evidence and argument. The Board may join multiple appeals filed by the same grievant.
(E) Any grievant alleging that any state officer, employee or appointing authority has taken or threatened to take any personnel action against any state employee in retaliation for the employee either filing an appeal with the Board, or a grievance in the preliminary review proceeding, may file an appeal with the Board within thirty days of knowledge of the specific incident giving rise to such claim.
(c) In cases brought by groups of employees.
(1) Any group of employees alleging that they have been laid off, dismissed or aggrieved as a result of alleged discrimination, unsafe or unhealthy working conditions or violations involving the interpretation and application of a specific state personnel statute, regulation or rule shall file an appeal with the board not later than thirty calendar days after the specific incident or effectve date of action giving rise to such appeal.
(2) The group of employees shall file a completed grievance and appeal packet with the Board and one copy with the Office of Labor Relations. Blank packets may be obtained from the employees' personnel offices or from the Board.
(d) In cases brought under section 4-61dd(b)(4) of the Connecticut General Statutes.
(1) Any employee or quasi-public agency employee alleging that a personnel action has been threatened or taken against him in violation of section 4-61dd(b)(1) of the Connecticut General Statutes shall file an appeal with the Board not later than thirty calendar days after the date he or she learned of the specific incident giving rise to such claim.
(2) The employee or quasi-public agency employee shall file a completed grievance and appeal packet with the Board and one copy with the Office of Labor Relations. Blank packets may be obtained from his or her personnel office or from the Board.
(Effective July 23, 1993; Amended November 12, 2008)