§ 4-15-2.2-42 — Complaint procedure

Indiana § 4-15-2.2-42

• Jurisdiction: Indiana
• Art. 15: PERSONNEL ADMINISTRATION
• Ch. 2.2: State Civil Service System

Text

(a) An employee in the state civil service
system may file a complaint concerning the application of a law, rule,
or policy to the complainant. However, a gubernatorial appointee does
not have standing to file a complaint under this section.
(b) A complaint filed under this section must identify the law, rule,
or policy that was allegedly violated.
(c) An employee who files a complaint under this section must
initiate the complaint procedure as soon as possible after the
occurrence of the act or condition complained of, and not later than
thirty (30) calendar days after the date the employee became aware, or
by the exercise of reasonable diligence should have been aware, of the
occurrence giving rise to the complaint. An employee who does not
initiate the complaint procedure within the thirty (30) day period
waives the right to file that complaint.
(d) A remedy granted under this section may not extend back more
than thirty (30) calendar days before the complaint was initiated.
(e) The following complaint procedure is established:
Step I: The complainant shall reduce the complaint to writing and
present the complaint to the appointing authority or the
appointing authority's designated representative. The appointing
authority or designee shall conduct any investigation considered
necessary and issue a decision, in writing, not later than fifteen
(15) calendar days after the date the appointing authority receives
the complaint.
Step II: If the appointing authority or the appointing authority's
designated representative does not find in favor of the
complainant, the complainant may submit the complaint to the
director not later than fifteen (15) calendar days after the date of
the appointing authority's finding. The director or the director's
designee shall review the complaint and issue a decision not later
than thirty (30) calendar days after the date the complaint is
submitted to the director.
Step III: If the employee is not satisfied with the director's
decision, the employee may submit an appeal in writing to the
commission not later than fifteen (15) calendar days after the date
the employee receives notice of the action taken by the director or
the director's designee. The commission shall determine whether
all previous steps were completed properly and in a timely
manner, and, subject to subsection (f), whether the employee and
subject of the complaint meet the jurisdictional requirements. If
a procedural or jurisdictional requirement is not met, the
commission shall dismiss the appeal. If the procedural and
jurisdictional requirements have been met, the commission shall
conduct proceedings in accordance with IC 4-21.5-3.
(f) An unclassified employee must establish that the commission has
subject matter jurisdiction to hear the employee's wrongful discharge
claim by establishing that a public policy exception to the employment
at will doctrine was the reason for the employee's discharge. The
former employee has the burden of proof on this issue.
(g) In a disciplinary case involving a classified employee, the
commission shall defer to the appointing authority's choice as to the
discipline imposed, if the appointing authority establishes that there
was just cause for the imposition of the discipline. The appointing
authority has the burden of proof on this issue.
(h) Decisions of the commission are subject to judicial review in
accordance with IC 4-21.5-3.
(i) An employee who is suspended or terminated after a hearing held
by the state ethics commission is not entitled to use the procedure set
forth in this section. An employee who seeks further review of a
suspension or termination imposed by the state ethics commission must
seek judicial review of the state ethics commission's decision in
accordance with IC 4-21.5-3.

Legislative History

As added by P.L.229-2011, SEC.56.