§76-42  Internal complaint procedures. 
(a)  The director shall promulgate a uniform plan for the creation of internal
complaint procedures in the various departments that shall apply to matters
within the jurisdiction of the merit appeals board.  The internal complaint
procedures may also be used for other matters, such as, when a complaint
procedure is required by law to be available or when a jurisdiction deems it
would be beneficial to avoid the time and expense of litigation; provided that
matters subject to collective bargaining grievance procedures shall not be
processed under the internal complaint procedures.  The rules relating to
internal complaint procedures shall conform to the following:



(1)  The procedures shall encourage informal
discussions and expeditious resolution of all complaints.  Informal resolution
includes the use of any administrative review process available.  A written
decision shall be issued to the complainant on the outcome of any efforts to
resolve the complaint informally and, if not resolved, the decision shall be
accompanied by information on the filing of a formal complaint with the
department or the merit appeals board, as applicable.



(2)  In presenting a complaint, the complainant shall
be assured freedom from coercion, discrimination, or reprisal.



(3)  The complainant shall have the right to be
represented by a person or persons of the complainant's own choosing at any
stage in the presentation of the complaint.



(4)  To minimize confusion and possible loss of
rights, the time and manner for filing a formal complaint shall be as uniform
and easily understandable as possible to the employees or general public. 
Complaint forms, instructions, and the complaint procedures should be easily
accessible to the employees or general public and the procedures should allow
for complaints to be filed at central locations convenient to the public.  The
complaint shall be referred to the appropriate individual at the lowest level
of the internal complaint procedures who has the authority to act on the
complaint and who shall be responsible for contacting the complainant.  If it
is discovered after filing of the complaint that the matter complained of is
not within the authority of a department to act, the department shall notify
the complainant accordingly and refer the complaint to the appropriate agency,
if known.  The deadline for filing a formal complaint under the internal
complaint procedures shall be tolled after receipt of a reply to the informal
complaint if efforts were made to resolve the complaint informally.



(5)  All proceedings relating to the handling of a
complaint by a person who is not an employee shall as far as practicable be
conducted during office hours at times convenient to the complainant.  All
proceedings relating to the handling of employee complaints shall so far as
practicable be conducted during the employee's work hours to permit the
employee time off from work with pay.



(6)  The departmental complaint procedure shall
culminate in a written decision by the chief executive or the chief executive's
designee, whether the director or other appropriate authority who is assigned
responsibility for making the final decision on the action being complained of.



(b)  The internal complaint procedures shall be
exhausted before an appeal is filed with the merit appeals board.  If the
appeal is not under the jurisdiction of the merit appeals board, but some other
administrative agency or appellate body, the complainant is responsible for the
timely filing of an appeal with the appropriate agency regardless of whether
the internal complaint procedures under this section are used. [L 1955, c 274,
pt of §1; RL 1955, §3-21(v); am L Sp 1959 2d, c 1, §11; HRS §76-42; gen ch
1985; am L 1994, c 56, §21; am L 2000, c 253, §24]