ACTION BULLETINS (PY 2003)

AB - 30 Grievance and Complaint Procedure

AB - # 30
Effective Date: Immediately


ACTION BULLETIN

TO: Youth Service Providers and Collaboratives, and One-Stop Career Centers

DATE: September 3, 2003

SUBJECT: Grievance and Complaint Procedures


Purpose of Bulletin:

This bulletin provides current revisions to the Local Workforce Investment Board policy on grievance and complaint procedures.

Citation(s):

Section 188 of the Workforce Investment Act of 1998
Title 29 Code of Federal Regulations Part 37
WIA Directive WIADOO-4 of 2000
Department of Labor, Civil Rights Center Directive No 2003-02 of 2002

Policy/Procedure/Definition:


The purpose of this information bulletin is to revise the Civil Rights and
Complaint Summary Form. Paragraph six of this form has been revised as follows:

“If you have any questions about how to file a complaint, you can ask the Program Manager of the program you are enrolled in.”

This new requirement has been added to the Grievance & Complaints Procedures Handbook in Section 1, Civil Rights & Complaint Summary, page 1, paragraph 6.


Action:

The Youth Providers and One-Stop Career Centers will comply with the new requirement.


Information & Inquires:

For information & inquiries please contact:

Sandra Oubré, Workforce Development Specialist at (510) 259-3828 or "soubre@co.alameda.ca.us"

Attachment:

WIA Grievance & Complaint Procedures, Civil Rights and Complaint Summary Form
(revised 9/2003)


ALAMEDA COUNTY WORKFORCE INVESTMENT BOARD

CIVIL RIGHTS AND COMPLAINT SUMMARY FORM


WHAT SHOULD I DO IF I HAVE A COMPLAINT?

If you have a complaint involving the administration of any job training program or service with which the Alameda County Workforce Investment Board (WIB) is involved, either directly (i.e., the denial of your application for job training services) or indirectly (i.e., something that happens while you are in a WIB sponsored job training program), you have certain rights that you should know about.

The complaint and grievance procedures that must be used are determined by the nature of your complaint.

Any complaint alleging discrimination on the basis of DISABILITY, RACE, COLOR, AGE, SEX, NATIONAL ORIGIN, RELIGION, POLITICAL AFFILIATION or BELIEF, CITIZENSHIP or RETALIATION for filing a complaint because of any of these reasons may be filed with the Civil Rights Officer, County of Alameda, Social Services Agency, 1106 Madison Street, Suite 324, Oakland, CA 94607; or the complaint may be filed directly with the Director of the Civil Rights Center, U. S. Department of Labor, 200 Constitution Avenue NW, Room N4123, Washington, D.C. 20210. Either complaint may be filed within 180 days of the incident.

Any complaint alleging ANY VIOLATION OF THE WORKFORCE INVESTMENT ACT, OTHER APPLICABLE FEDERAL OR STATE REGULATIONS CONCERNING THE ADMINISTRATION OF JOB TRAINING PROGRAMS, CONTRACT OR GRANT CONDITIONS, OR WIB RULES OR POLICIES must be filed with the Workforce Investment Board, 24100 Amador Street, 6th Floor, Hayward, California 94544-1203 within one year of the incident.

Both WIB and One-Stop Operators have copies of the grievance procedures and the grievance form that should be filled out. However, you can make a complaint without getting the proper form, as long as your complaint is in writing, signed by you and sent to the right place. Your complaint should include your address, telephone number and must also state what your complaint is about.

If you have any questions about how to file a complaint, you can ask the Program Manager of the program you are enrolled in.

Under the law, you have the right to make your complaint without being afraid of restraint, interference, coercion, discrimination, retaliation or reprisal: What this means is that no one can try to stop you from making a complaint or punish you in any way for making a compliant.


WHAT HAPPENS WHEN I FILE A COMPLAINT?

Alameda County WIB will notify the party you are complaining against (the “Respondent”) about your complaint, and can arrange for an informal meeting conducted by an impartial WIB employee between you and the Respondent to try to resolve your complaint.


WHAT IF THIS DOESN’T WORK?

If your complaint is not resolved after meeting with the Respondent, then you have the right to have a hearing before an Alameda County WIB Hearing Officer.
WIB
Civil Rights and Complaint Summary Form
Page 2


IS A HEARING LIKE A TRIAL IN COURT?

Yes and no. Under the law, everyone has “Due Process” rights that must be observed in any legal proceeding. Such as the right to present evidence and have witnesses testify under oath, the right to testify yourself, the right to cross-examine the witnesses for the other party, the right to have any impartial person decide the case, and to give a written explanation of the reason for the decision. You also have the right to appeal the decision if you think it is wrong. In that sense, the hearing is like a trial.

It will not be like a trial in the sense that no one will expect you to know technical legal rules of evidence, law or procedure. The Hearing Officer will be an experienced attorney who knows the law and who will be much more interested in finding out what the facts are.

The hearing will be somewhat like “The People’s Court” on TV where the Judge listens to the testimony of the witnesses, looks at any exhibits, asks questions of the parties and then makes a decision.


DO I NEED A LAWYER? WHAT IF I DON’T HAVE A LAWYER?

You have the right to have a lawyer, or some other person who doesn’t have to be a lawyer, act as your representative at all stages of the WIB Grievance Procedure. However, WIB cannot appoint a lawyer to represent you or give you legal advice, nor can WIB pay for your lawyer. If you want a lawyer to represent you and do not know who to call, the Alameda County Bar Association, telephone 510/893-7160, has a lawyer referral service.


IS THERE ANYTHING ELSE I SHOULD KNOW?

The most important thing to remember is that the Hearing Officer won’t know about the facts of your case so be sure that you present them at the hearing. Be sure your witnesses come to the hearing, bring any exhibits you want to show the Hearing officer, and outline what you want to say so you won’t forget anything.


THIS IS YOUR COPY.
PLEASE KEEP IT FOR YOUR RECORDS.


EQUAL OPPORTUNITY EMPLOYER / PROGRAM.
AUXILIARY AIDS AND SERVICES ARE AVAILABLE, UPON REQUEST,
TO INDIVIDUALS WITH DISABILITIES.