Section 6-B1631. SECOND LEVEL GRIEVANCE REVIEWS

 

1631.1At the second level grievance review, the grievance shall be reviewed by a second level official in the grievant’s chain of command who reports directly to the agency head.

 

(a) If the first level grievance official reports directly to the agency head, the grievance request for further review shall be treated as a notification under § 1631.6 and processed pursuant to § 1632.

 

(b) If the first level grievance official is the agency head, the grievance request for further review shall be treated as a notification under § 1632.8 and processed pursuant to § 1633.

 

(c) Except when the personnel authority is the D.C. Department of Human Resources, in the event the first grievance official and the personnel authority are the same person, the grievance official’s decision shall be deemed the decision of the personnel authority pursuant to § 1633.4.

 

1631.2Within two (2) days of receiving the notification specified in § 1630.6, the grievance official shall forward all materials to the second level official for resolution. The materials forwarded shall include the grievance application, the grievance official’s decision and report, any interview summaries, any records reviewed by the grievance official in rendering his or her decision, and the notification requesting second level review.

 

1631.3In his or her discretion, and within no more than ten (10) days, the second level official may interview the grievant and any other individuals deemed necessary. An interview summary shall be created following any interview.

 

1631.4After having completed any interviews, and any further investigation that may be deemed appropriate by the second level official, the second level official shall issue a second level grievance report and decision based on the totality of the facts.

 

1631.5If the second level official finds that the grievance is substantiated by the facts, the grievance decision shall specify the remedy being provided and the date the remedy will be implemented.

 

(a)If the second level official finds that the grievance is not substantiated by the facts, then the grievance shall be denied.

 

(b)The second level grievance decision shall be issued no more than twenty-one (21) days following the second level official’s receipt of the grievance and shall inform the grievant of his or her right to seek a final grievance review.

1631.6Within five (5) days of the issuance of the second level grievance decision, a grievant may notify the original grievance official in writing that he or she is not satisfied with the decision and request a third level grievance review. Upon receipt of this notification, the grievance official shall proceed to the third level grievance review.

 

 

authority

Child and Youth, Safety and Health Omnibus Amendment Act of 2004 (CYSHA), effective April 13, 2005 (D.C. Law 15-353; D.C. Official Code §§ 4-1501.01 et seq. (2012 Repl.)); Sections 422 (2), (3), and (11) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 790; D.C. Official Code §§ 1-204.22(2), (3), and (11) (2016 Repl.)); Mayor’s Order 2008-92, dated June 26, 2008; and Mayor’s Order 2012-84, dated June 18, 2012, and with the concurrence of the City Administrator.

source

Final Rulemaking published at 34 DCR 1845 (March 20, 1987); as amended by Final Rulemaking published at 47 DCR 7094 (September 1, 2000); as amended by Final Rulemaking published at 49 DCR 11781 (December 27, 2002); as amended by Final Rulemaking published at 50 DCR 3185 (April 25, 2003); as amended by Final Rulemaking published at 51 DCR 7951 (August 13, 2004); as amended by Final Rulemaking published at 63 DCR 1265 (February 5, 2016); as amended by Final Rulemaking published at 64 DCR 4623 (May 12, 2017).