No discussion. Les Shockey Sherri wrote: > Presented by Larry Flesher and seconded by Ann Allen Geoghegan and dated 19 > April 2010, the motion reads: > > The grievance process begins when the grievance is filed with the Grievance > Committee. Once received by the Grievance Committee Chair, a notice will be > submitted to the Advisory Board and posted on the EXEC list that includes > the names of all parties involved and a short (5-10 words max) description > of the violation. This will serve as the Advisory Board's cue to cease and > desist any involvement until and unless the grievance resolution is > appealed. > > The grievance confidentiality begins when the grievance is filed with the > Grievance Committee. The party filing the grievance must acknowledge AT THE > TIME OF FILING that they understand and agree to abide by the > confidentiality of the grievance process. All other parties must > acknowledge AT THE TIME OF NOTIFICATION that a grievance has been filed that > they understand and agree to abide by the confidentiality of the grievance > process. > > Grievance confidentiality extends to all parties (including the mediators, > arbitrators and GC members) from the time the grievance process begins. > Failure by one of the parties to agree to abide by the confidentiality of > the grievance process is grounds to automatically and immediately lose the > grievance. > > The consequences for breaking the confidentiality of the grievance process > will be: > > . If the grievance team determines one of the parties to the grievance has > broken confidentiality, that party automatically and immediately loses the > grievance with no option to re-file. > > . A general statement such as "I've filed a grievance and cannot discuss it" > in answer to a question is not considered a breach. > > . If the confidentiality is breached by someone outside of the parties > involved, the parties involved should not be penalized. > > . If the confidentiality is broken by the mediator, an arbitrator or the GC > representative to the mediation/arbitration portion of the grievance, the > grievance gets reassigned to give the parties involved another chance to get > the issue resolved. > > . Consequences for breaching the confidentiality of the grievance process by > someone outside of the grievance will be determined on a case-by-case basis > by the Advisory Board that may include a disciplinary hearing and penalties > applied based on the results of the findings. > > > Specifically, the following modifications to the Standing Rules will be > made: > > Section V of the Standing Rules, item E, number 1 will be modified to read: > The grievance process begins when a complaint is made by any of the > following: (Items a-c remain unchanged.) In addition, the following will > be added as a separate item after the last paragraph of number 1. "The > grievance confidentiality begins when the grievance is filed with the > Grievance Committee and extends to all parties (including the mediators, > arbitrators and GC members) from the time the grievance process begins. > > Item E, number 2 will be modified to read: The initial complaint should be > brought to the Grievance Coordinator, and must include the following > information: (Items a-f remain unchanged.) Item g will be added, which will > state "An acknowledgement that the member understands that the > confidentiality of the grievance process begins when the complaint is filed > and that they agree to abide by the confidentiality of the grievance > process." > > Item E, the first paragraph of subsection number 4 will be modified to read: > "Upon receiving the initial complaint, the Grievance Coordinator will assign > it a number, and appoint one of the permanent committee members to review > the complaint to determine whether it meets the requirements outlined in > subsection C of this Section. At the same time, the Grievance Committee > Chair will send a notice to the Advisory Board and to be posted on the > BOARD-EXEC mail list that includes the names of all parties involved and a > short (5-10 word max) description of the violation. This will serve as the > Advisory Board's cue to cease and desist any involvement until and unless > the grievance resolution is appealed." > > The second paragraph of subsection 4 will be modified to read: "The review > of the complaint will result in an "accept" or "reject" determination from > the Committee Member assigned. The review at this level should assume that > the facts stated in the complaint are true, and the determination of the > viability of the grievance made based upon a review of the by-laws, > policies, or procedures alleged to have been violated. The recommendation > and the reasons therefore, shall be provided to the Grievance Committee as a > whole, and voted upon." > > The fourth paragraph of subsection 4 will be modified to read: "If accepted > as a viable grievance, the parties shall be so informed. The parties must > acknowledge at the time of notification that a grievance has been filed and > that they understand and agree to abide by the confidentiality of the > grievance process. Failure to agree to abide by the confidentiality of the > grievance process is grounds to automatically and immediately lose the > grievance. A Committee Member, volunteer mediator and two volunteer > arbitrators will be assigned. The parties to the grievance, the Committee > Member, mediator, and arbitrators will then be subscribed to a private email > list.” > > The first paragraph of subsection 6 will be modified to read: " When the > team is seated, the parties shall be so advised by the Mediator. Everyone > will be reminded that the grievance confidentiality extends to all parties > (including the mediators, arbitrators and GC members) from the time the > grievance process begins and that failure to abide by the confidentiality of > the grievance process is grounds to automatically and immediately lose the > grievance. The parties shall have seventy-two (72) hours to submit to the > Mediator a written statement of their position on the issues of the dispute. > The mediator shall provide the position statements to the team members for > their review." > > The current subsection 9 will be renumbered to subsection 10. > > The following subsection will be inserted between the current section 8 and > the former subsection 9 (newly renumbered to section 10) and will be > numbered as subsection 9: > > The consequences for breaking the confidentiality of the grievance process > will be: > > . If the grievance team determines one of the parties to the grievance has > broken the confidentiality, that party automatically and immediately loses > the grievance with no option to re-file. > > . A general statement such as "I've filed a grievance and cannot discuss it" > in answer to a question is not considered a breach. > > . If the confidentiality is breached by someone outside of the parties > involved, the parties involved should not be penalized, unless it is evident > that a party to the grievance is intentionally feeding information, after > the grievance process began, to the one that broke the confidentiality. > > . If the confidentiality is broken by the mediator, an arbitrator or the GC > representative in the mediation/arbitration portion of the grievance, the > grievance gets reassigned to give the parties involved another chance to get > the issue resolved. Consequences for the GC representative are referenced > in Section V of the Standard Rules, Subsection A, under the “Qualifications” > item. (Link to the section above.) > b. Consequences for breaching the confidentiality of the grievance process > by someone outside of the grievance will be determined on a case-by-case > basis by the Advisory Board that may include a disciplinary hearing and > penalties applied based on the results of the findings. > > . Consequences for breaching the confidentiality of the grievance process by > someone outside of the grievance will be determined on a case-by-case basis > by the Advisory Board that may include a disciplinary hearing and penalties > applied based on the results of the findings. > > Discussion is now open. If you have no discussion, please indicate by > stating "No Discussion". > > > Sherri Bradley > National Coordinator > USGenWeb Project > Information about the USGenWeb Project at http://usgenweb.org > Advisory Board Agenda http://usgenweb.org/agenda2.php > > > > > > > > USGenWeb Advisory Board Agenda: http://usgenweb.org/agenda2.shtml > ------------------------------- > To unsubscribe from the list, please send an email to [email protected] with the word 'unsubscribe' without the quotes in the subject and the body of the message >