Idaho State Statutes - Idaho Attorney Directory

ESTABLISHMENT AND ADOPTION OF EMPLOYEE PROBLEM SOLVING AND DUE
PROCESS PROCEDURES. (1) Each participating department shall, on or before July
1, 1999, establish and adopt an employee problem solving procedure within such
department, which shall be reduced to writing and shall be in full compliance
with the provisions of the uniform problem solving procedure as adopted by
rule by the administrator pursuant to subsection (4) of this section. The
department problem solving procedure shall be approved by the administrator
prior to implementation. A copy of the approved problem solving procedure plan
shall be furnished and explained to each employee of the department concerned.
No employee shall be disciplined or otherwise prejudiced in his employment for
exercising his rights under the plan, and department heads shall encourage the
use of the plan in the resolution of grievances arising in the course of
public employment. A classified employee may file under the problem solving
procedure any matter, except that compensation shall not be deemed a proper
subject for consideration under the problem solving procedure except as it
applies to alleged inequities within a particular agency or department, and
except for termination during the entrance probationary period, and except for
those matters set forth in subsection (2) of this section.
(2) No action of a participating department relating to a disciplinary
dismissal, suspension or demotion, or an involuntary transfer shall be
effective until the affected employee shall have received notice and an
opportunity to be heard. The employee may then appeal to the Idaho personnel
commission those disciplinary matters set forth in section 67-5316(1)(a),
Idaho Code.
(3) If the filing concerns a matter which is reviewable pursuant to
section 67-5316, Idaho Code, the time for appeal to the commission shall not
commence to run until the employee has completed the problem solving procedure
provided by the department in accordance with the terms thereof or, in the
case of disciplinary actions set forth in subsection (2) of this section,
until the disciplinary action becomes effective; provided, however, the
failure of an employee to pursue the problem solving procedures established
within the department shall constitute a waiver of the employee's right of
review by the commission.
(4) On or before July 1, 1999, the division of human resources shall
adopt a rule defining uniform problem solving and due process procedures for
use by all participating departments. With respect to the problem solving
procedure, the rule shall provide a complete procedure for all stages of the
process, including problem solving meetings with department representatives in
the employee's chain of command. With respect to the due process procedure,
the rule shall provide that the employee receive notice and an opportunity to
be heard before the department decides in favor of disciplinary action. The
rule shall also provide for time periods for each step of the procedures. The
rule shall provide for the use of an impartial mediator upon agreement between
the agency and the employee. The employee shall be entitled to be represented
by a person of the employee's own choosing at each step of the procedures,
except the initial informal discussion with the immediate supervisor prior to
filing under the problem solving procedure.

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