State of Arkansas Grievance Policy
DOTM – Policy 14- Uniform Grievance Policy
Eligible employees may file grievances on two issues: termination and suspension without pay. To be considered timely, the employee must submit the grievance to the DOTM grievance officer within 5 business days form the date of termination or suspension. DOTM has the burden to prove that the termination or suspension without pay was consistent with law and policy.
The DOTM grievance officer will determine whether the employee’s complaint meets the eligibility criteria. If the complaint meets the eligibility criteria, the employee may request a mediation or an Administrative Review Hearing. If the grievance officer determines that the complaint is not eligible, the employee may request a final determination of eligibility from the Office of Personnel Management (“OPM”). To request a review by OPM, the employee must submit a written request in writing to the DOTM grievance officer within 5 business days of notice of ineligibility. The DOTM grievance officer will submit the documentation to OPM. If OPM determines the complaint is not eligible, the Employee is prohibited from using the grievance process. If OPM determines the complaint is eligible, the Employee may proceed to the next step, either Mediation or Administrative Review Hearing.
While an employee may request mediation, mediation will only be used if the DOTM agrees. If the DOTM does not agree to mediation, the employee will be given an administrative review hearing. The administrative review hearing should be held at the earliest possible date and will be recorded. The hearing will be presided over by a hearing officer who will issue a written decision of findings and recommendations summarizing the hearing in detail. The hearing officer will provide his or her findings and recommendations to the TAG for final consideration. The TAG may accept or reject the hearing officer’s recommendation. The employee may appeal the Secretary’s decision by requesting an Appeal Hearing. The employee must file the Grievance Appeal Form with the Grievance Officer no later than ten (10) business days after receiving the Secretary’s decision. If the employee does not timely appeal, the Secretary’s decision will stand.
If the employee timely appeal’s the TAG’s decision, the employee’s appeal will be decided by the State Employee Grievance Appeal Panel (SEGAP). SEGAP may decide the appeal based on the file itself or may schedule a second hearing.
Employees may be represented by an attorney throughout the grievance process. If represented, the employee must contact the grievance officer and provide contact information for his or her counsel.
More information about state employee grievances and the appeal process can be found at the Department of Transformation and Shared Services: https://www.transform.ar.gov/personnel/resources/dispute-resolution