Board Chair s Signature: Date Signed: 9/12/2014

Transcription

1 Grievance Policy and Procedure Approval Date: 9/12/2014 Rev. Date(s): COA Standards: HR 5.02 Purpose of Policy: To give a clear and specific written course of action for resolving disputes within the Broward County as it concerns the Early Learning Coalition of Broward County ("ELC"), and those persons and/or entities that receive, implement, or are affected by the programs and/or services offered by the ELC. Statement of Policy: The ELC strives to maintain the highest level of satisfaction possible with the families and children served by the ELC, its child care providers, its sub-recipients, its contractors and its vendors. It is the commitment of the ELC to ensure all interested parties are treated fairly at all times and be afforded a dispute resolution process. The ELC desires to provide an opportunity for individuals to file a complaint and also provide for a formal appeals process. For purposes of this policy, the word complaint shall also have the same meaning as the word grievance and Coalition shall have the same meaning as ELC. Board Chair s Signature: Date Signed: 9/12/2014 Page 1

2 STATEMENT OF PROCEDURE DEFINITION(S) 1. Board shall have the same meaning as it does in the ELC bylaws 2. Chair shall have the same meaning as it does in the ELC bylaws 3. Chief Executive Officer ( CEO ) shall have the same meaning as it does in the ELC bylaws 4. Client shall mean the intended recipients of the ELC and/or Florida s Office of Early Learning ( FOEL ) grant related activities or funding, including, but not limited to the ELC s Voluntary Pre-Kindergarten ( VPK ) or School Readiness ( SR ) programs and services such as children, parents and legal guardians. 5. Complaint shall mean notice of an adverse or unsatisfactory matter, process, result, or condition that is reported to the ELC. 6. Contractor shall mean those eligible licensed entities that contract directly with the ELC to provide School Readiness or Voluntary Pre-Kindergarten services and/or programs in accordance with Florida Statute, 1002, Part V and VI and provides monitoring, investigations and/or other oversight functions on behalf of the ELC to Service Providers. For purposes of this policy and procedure, the term Contractor shall have the same meaning as the term lead agency or sub-recipient in any statewide agreement(s) created by Florida s Office of Early Learning, any other governing state agency or authority for the ELC, any applicable federal or Florida statutes, or within any contract or agreement with a third party concerning VPK or SR services. 7. ELC staff means those persons directly employed by the ELC. This definition does not include the Chief Executive Officer for purposes of this policy and procedure. 8. General Counsel shall mean the primary law firm contracted with the ELC to provide legal and general counsel services to the ELC. 9. Grievant shall mean a person or an entity that has filed a Grievance with the ELC or a Contractor in accordance with the ELC s Grievance policy and procedure. 10. Grievance shall mean the filing of an official written complaint with the ELC or a Contractor by a Grievant in accordance with the ELC s Grievance Policy and Procedure in which the Grievant seeks an official resolution and/or response regarding the complaint from the ELC or the Contractor. 11. Grievance Form shall mean an internal ELC-approved form utilized by the ELC for the documentation and reporting of a Grievance within the ELC. 12. Grievance Review Committee shall mean a committee composed of at least three (3) ELC staff members assigned to review, investigate and if possible, resolve a Grievance. 13. Members shall have the same meaning as it does in the ELC bylaws 14. Procurement shall mean the ELC s solicitation, advertisement, evaluation, and selection of a person or entity through a Board committee to provide services and/or commodities on behalf of the ELC. The procurement process may be done in a form or method that includes, but is not limited to the following: request for proposal, request for information, invitation to bid, or invitation to negotiate. 15. Risk Management Plan shall mean the Board approved plan for reviewing, assessing, reporting and resolving organizational risks for the ELC. Page 2

3 16. Service Providers shall mean an eligible public school, private school, or licensed child care entity that has provider agreement with the ELC and/or a Contractor to provide Voluntary Pre-Kindergarten ( VPK ) or School Readiness ( SR ) program services directly to children in Broward County in accordance with Florida Statutes, 1002, Part V and Part VI. For purposes of this policy and procedure, the term Service Provider shall have the same meaning as the term Provider in any statewide agreement(s) for VPK and SR created by FOEL, any other governing state agency for the ELC, any applicable federal or Florida statutes, or within any contract or agreement with a third party concerning VPK or SR services 17. Subcontractor shall mean those persons or entities retained by a Vendor to provide work and/or service on ELC and/or FOEL grant related activities and programs, which would include, but not be limited to VPK and SR related programs, pursuant to a direct contract between the Vendor and a Contractor or a Service Provider. A person or an entity may also be considered a Subcontractor for a Contractor or Service Provider under this definition if the Contractor has a sub-recipient SR or VPK contract with the ELC, or if the Service Provider has a SR provider agreement with a Contractor, and said Contractor or Service Provider retains said person or entity to perform a portion or percentage of the contracted work on behalf of the Contractor or Service Provider under those original contracts. 18. Vendor shall means those persons or entities that have a contract with the ELC under which the Vendor provides technical assistance to the ELC, administrative or organizational support to the ELC, and/or licenses or certifies other entities or persons to provide care or child placement services in accordance with Section 1002, Part V and Part VI, and Section , of the Florida Statutes. For purposes of this policy and procedure, the term Consultant shall have the same meaning as the term Vendor. For purposes of this policy, Vendor shall not include those persons retained through a contract with the ELC to provide traditional professional services on behalf of the ELC such as accounting, auditing or legal services. GRIEVANCES AND COMPLAINTS In no event will a Complaint be considered a Grievance under this policy and procedure, nor shall any filing or reporting requirement as well as any related form or document under another ELC policy and procedure (i.e. the ELC s Incident Reporting or Whistleblower Policy and Procedure) substitute for the filing of a Grievance as set forth under this policy and procedure. This policy and procedure will not be applicable to any employment related complaint or grievance filed by an ELC staff member against the ELC. FILING OF A GRIEVANCE All grievances must be submitted within 180 days of the incident or issue that is presented as the cause or reason for the grievance. Once a Grievance is filed by a Grievant, the ELC shall utilize the Grievance Form as referenced by this policy and procedure to properly document the Grievance. A Grievant may utilize additional pages as well as provide supporting information, documentation and data when filing a Grievance pursuant to this policy and procedure. GRIEVANCE PROCESS I. Grievance against a Service Provider A Grievance by a Client or a Service Provider against a Service Provider shall be as follows: a. After notice of a Grievance by a Grievant, ELC staff shall contact the Grievant and direct the Grievant to the Contractor responsible for monitoring the Service Provider on behalf of the ELC. If the Service Provider is not monitored by a Contractor on behalf of the ELC, but provides ELC funded Voluntary Pre-Kindergarten and School Readiness programs and services and has a direct contract with the ELC, the Grievant may skip this section and go directly to Section III of the ELC s Grievance Policy and Procedure. In the event the Service Provider is being monitored by a Contractor on behalf of the ELC, the Grievant shall be verbally advised of the ELC s Grievance Page 3

4 Policy and Procedures and provide the Grievant with written contact information for the Contractor by ELC staff. The Grievant, as part of the information provided to the Grievant by ELC staff, will be directed to follow the Contractor s grievance process prior to accessing the grievance process for the ELC. b. The Grievant shall be offered the opportunity to return to the ELC in order to address the Grievance if a resolution or response is not obtained from the Contractor. The ELC will also provide the Grievant contact information for the ELC. c. ELC staff will make a record of the Grievance and provide the Grievant with a copy of the ELC s Grievance Policy & Procedures. d. Within five (5) business days, ELC staff will follow-up with the Contractor as to the status of the Grievance. e. A Grievance must first be presented to the Contractor by the Grievant in accordance with the grievance process established by the Contractor. f. The Contractor shall respond to a Grievance filed by a Grievant in accordance with the Contractor s grievance process, but in no event within a time frame that exceeds ten (10) business days of receipt of the Grievance. The Contractor will maintain a record of the Grievance and the Contractor will file a monthly report regarding the Contractor s handling of the Grievances until its resolution with the ELC. g. The Grievant must follow and complete the Contractor s grievance appeal process. The ELC will intervene if the Grievance cannot be resolved between the Grievant, the Service Provider and the Contractor upon the completion of the Contractor s grievance process. In the event the Grievant cannot reach a resolution with the Service Provider and Contractor as stated herein, the Grievant will be allowed to access the grievance process as set forth in Section II of the procedure portion of the ELC s Grievance Policy and Procedure. II. Service Provider Grievance Appeal Process (Contractor Monitoring) In the event the Grievant and the Service Provider cannot reach a resolution in accordance with the Contractor s grievance process as set forth in Section I of the procedure portion of the ELC s Grievance Policy and Procedure, the Grievant or the Service Provider shall be offered an opportunity to appeal the decision of the Contractor to the ELC. a. Parties appealing a Contractor s decision must submit written notice of the appeal of the Grievance to the ELC within ten (10) business days of the Contractor s decision. Written notice shall include: i. The specific act(s) or omission(s) that is basis of the Grievance. ii. The date that the act(s) or omission(s) is basis of the Grievance occurred. iii. A detailed explanation of how the Grievant was adversely affected by the act, omission or decision. If known, the Grievant will provide specific legislation, policy, procedure, statute, etc. that was violated by the Service Provider. iv. If an appeal is done by the Service Provider, a detailed explanation of their objections to the Contractor s decision. v. The name, address, and telephone number of an individual who can act on behalf of the Grievant if the Grievant is an entity or has a designated representative. The name, address and telephone number of an individual who can act on behalf of the Service Provider. vi. Any supporting documentation regarding the Grievance, or in the case of the Service Provider, objections to the Contractor s decision. Page 4

5 vii. A copy of the final decision of the Contractor b. The Grievant shall submit a Grievance to the attention of the CEO at the ELC s office address if the Grievant is not satisfied with the Contractor s decision. The Service Provider shall submit a copy of its objections to the Contractor s decision ( Objections ) to the attention of the CEO at the ELC s office address if the Service Provider is not satisfied with the Contractor s decision. c. Within five (5) business days of receipt of the Grievance or the Objections, the CEO or their designee shall provide written acknowledgement of the receipt of the Grievance or the Service Provider s objections to the Contractor s decision and ensure that the Grievant is provided with a copy of the Early Learning Coalition of Broward County, Inc. Grievance Policy & Procedure. The Grievance or the Objections shall be forwarded to the Grievance Review Committee. d. The Grievance Review Committee shall contact the Contractor to ensure that the Grievant has followed the Contractor s grievance process. If a Contractor s grievance process was not followed or completed by the Grievant, ELC staff shall refer the Grievant to Section I of the procedure portion of the ELC s Grievance Policy and Procedure. If the Contractors grievance process was followed and completed by the Grievant, ELC staff shall contact the Contractor to obtain all available supplemental and documentary information regarding the Grievance for immediate review and consideration e. Within five (5) business days after receiving confirmation that the Grievant followed the Contractor s grievance process, the Grievance Committee or its designated representative shall contact the Grievant and Service Provider in order to ensure that all documentation, information and/or data regarding the Grievance and if applicable, the Objections has been provided to the ELC and the Contractor. ELC staff shall maintain a log regarding dates of contact and attempted contact with the Grievant and the Service Provider f. If a resolution of the Grievance is reached with the Grievant, Service Provider and the Contractor, a report sufficiently detailing the Grievance and its resolution shall be created and maintained by the ELC. g. If a resolution is not reached with the Grievant, Service Provider and Contractor prior to the Grievance Committee hearing, the Grievance or if applicable, Objections as well as any related documentation, information and data shall be compiled by ELC staff and forwarded to each member of the Grievance Review Committee h. ELC staff shall schedule a hearing date before the Grievance Review Committee. ELC staff shall use it best efforts to schedule the Grievance Review Committee hearing at a mutually convenient date and time for the Grievant, the Service Provider and the Grievance Review Committee members. The hearing shall take place no less than fifteen (15) business days and no more than forty (45) business days from the filing of the Grievance by the Grievant. i. After scheduling and notification, the Grievant and Service Provider must be present at hearing in order to be heard on the issues related to the complaint. ii. The hearing shall be recorded and minutes shall be taken iii. If the Grievant and Service Provider agrees with the decision of the Grievance Review Committee, the Grievant and the Service Provider shall sign and date the decision set forth in the Grievance Review Committee report. The Grievant and Service Provider shall be advised of the right to appeal to the Grievance Committee s decision to the CEO. iv. The decision of the Grievance Review Committee shall be reduced to writing and Page 5

6 presented to the Grievant and Service Provider within five (5) business days from the date of the hearing. v. The Grievant or Service Provider shall have five (5) business days from the date of receipt of the Grievance Review Committee s decision regarding the Grievance or if applicable, the Objections to notify the ELC that the Grievant or the Service Provider desires to appeal the recommendation of the Grievance Review Committee. i. Within five (5) business days from receipt of the Grievant s or Service Provider s notice of appeal of the decision of the Grievance Review Committee to the CEO, said committee shall present the CEO with all hearing documentation, minutes and any available transcript from Grievance Review Committee hearing. j. Within ten (10) business days from receipt of the Grievant s or Service Provider s notice of appeal of the decision of the Grievance Review Committee to the CEO, the CEO shall review the materials from the Grievance Committee hearing and prepare a final written decision accepting, rejecting or amending any portion of the Grievance Review Committee final determination. In the case of the CEO s temporary absence, the Grievant and Service Provider will be notified of the delay of the CEO s decision. k. The decision of the CEO shall be the final authority regarding the Grievance or if applicable, the Objections for purposes of appeal and shall be forwarded to the Grievant and Service Provider within five (5) days of the CEO s final determination. The CEO s final determination as well as the Grievance Committee s report will be recorded and maintained by the ELC subsequent to the conclusion of the grievance process as stated herein. III. Service Provider Grievance Process (ELC Monitoring) l. Grievant shall file a Grievance with the ELC and said Grievance shall include the following: i. The specific act(s) or omission(s) that is basis of the Grievance. ii. The date that the act(s) or omission(s) is basis of the Grievance occurred. iii. A detailed explanation of how the Grievant was adversely affected by the act, omission or decision. If known, the Grievant will provide specific legislation, policy, procedure, statute, etc. that was violated by the Service Provider. iv. The name, address, and telephone number of an individual who can act on behalf of the Grievant if the Grievant is an entity or if the Client has a designated representative. v. Any supporting documentation regarding the Grievance m. Grievant shall submit the Grievance to the attention of the CEO at the ELC s office address. n. Within five (5) business days of receipt of the Grievance, the CEO or their designee shall provide written acknowledgement of the receipt of the Grievance and ensure that the Grievant is provided with a copy of the Early Learning Coalition of Broward County, Inc. Grievance Policy & Procedure. The Grievance shall be forwarded to the Grievance Review Committee by ELC staff. o. Within five (5) business days after receiving notification of the Grievance, the Grievance Committee or its designated representative shall contact the Grievant in order to obtain all documentation, information and/or data regarding the Grievance. ELC staff shall log dates of contact and attempted contact with the Grievant as well as any witnesses or persons having knowledge as part of its investigation as well as the outcome of the those contacts that were made or attempted as set forth herein. The Grievance Committee or its designated representative shall also contact the Service Provider and inform the Service Provider of the Page 6

7 Grievance. The ELC staff shall obtain all documentation, information and/or data regarding the Grievance as well as any information regarding any contact (phone, , or otherwise) with the Grievant regarding the Grievance and if applicable, the Service Provider s response to the Grievant regarding the Grievance. p. If a resolution is reached with the Grievant and Service Provider prior to the Grievance Committee hearing, a report sufficiently detailing the Grievance and its resolution shall be created and maintained by the ELC. q. If a resolution is not reached with the Grievant and Service Provider prior to the Grievance Committee hearing, the Grievance and any related or associated documentation, information and data shall be compiled by ELC staff and provided to each member of the Grievance Review Committee. r. ELC staff shall schedule a hearing date before the Grievance Review Committee. ELC staff shall use it best efforts to schedule the Grievance Review Committee hearing at a mutually convenient date and time for the Grievant, Service Provider and the Grievance Review Committee. The hearing shall take place no less than fifteen (15) business days and no more than forty (45) business days from the filing of the Grievance by the Grievant. i. After scheduling, the Grievant and Service Provider must be present at the hearing in order to be heard on the issues related to the complaint. ii. The hearing shall be recorded and minutes shall be taken iii. If the Grievant and Service Provider agrees with the decision of the Grievance Review Committee, a report sufficiently detailing the Grievance and its resolution shall created and maintained by the ELC. iv. The final determination of the Grievance Review Committee shall be reduced to writing and presented to the Grievant and Service Provider within five (5) business days from the date of the hearing. The Grievant and Service Provider shall be advised of the right to an appeal to the decision of the Grievance Review Committee to the CEO. v. The Grievant or Service Provider shall have five (5) business days from the date of receipt of the Grievance Review Committee s decision to notify the ELC that the Grievant or Service Provider desires to appeal the decision of the Grievance Review Committee to the CEO. s. Within five (5) business days from receipt of the Grievant s or Service Provider s notice of appeal of the decision of the Grievance Review Committee to the CEO, said committee shall present the CEO with all hearing documentation, minutes and any available transcript from the Grievance Review Committee hearing. t. Within ten (10) business days from receipt of the Grievant s or Service Provider s notice of appeal of the decision of the Grievance Review Committee to the CEO, the CEO shall review the materials from the Grievance Committee hearing and prepare a final written decision accepting, rejecting or amending any portion of the Grievance Review Committee final determination. In the case of the CEO s temporary absence, the Grievant and Service Provider will be notified of the delay of the CEO s decision. u. The decision of the CEO shall be the final authority regarding the Grievance or if applicable, the Objections for purposes of appeal and shall be forwarded to the Grievant and Service Provider within five (5) days of the CEO s final determination. The CEO s final determination as well as Page 7

8 the Grievance Committee s report will be recorded and maintained by the ELC subsequent to the conclusion of the grievance process as stated herein. IV. Grievance against ELC Staff A Grievance by a Client, government entity, or a person that is not an employee of the ELC, a Vendor, Contractor, Service Provider, or Subcontractor, against an ELC Staff member shall follow the grievance process as set forth in Section IV of the ELC s Grievance Policy and Procedure as follows: v. Grievant shall be verbally advised of the ELC s grievance policy and procedures and provided with contact information for the ELC. w. Grievant shall file a Grievance with the ELC and said Grievance shall include the following: i. The specific act(s) or omission(s) that is basis of the Grievance. ii. The date that the act(s) or omission(s) is basis of the Grievance occurred. iii. A detailed explanation of how the Grievant was adversely affected by the act, omission or decision. If known, the Grievant will provide specific legislation, policy, procedure, statute, etc. that was violated by the ELC staff member. iv. The name, address, and telephone number of an individual who can act on behalf of the Grievant if the Grievant is an entity or if a Client has a designated representative. v. Any supporting documentation regarding the Grievance x. Grievant shall submit the Grievance to the attention of the CEO at the ELC s office address. y. Within five (5) business days of receipt of the Grievance, the ELC s CEO shall provide written acknowledgement of the receipt of the Grievance to the Grievant and inform the Grievant that the Grievance will be reviewed by the ELC. The ELC will handle and/or investigate the Grievance against the ELC staff member in accordance with the ELC s employee manual as well as in accordance with those applicable policies and procedures of the ELC, which includes, but is not limited to the ELC personnel policies and the ELC s Professional Code of Conduct. In the event there is a conflict between applicable law (federal and Florida) and the ELC s employ manual and its applicable policies and procedures regarding the handling, investigation and resolution of the Grievance as it pertains to an ELC staff member, the applicable law will prevail. z. Once an investigation of the Grievance has been completed, the Chief Executive Officer will inform the Chair and General Counsel of the results of said Grievance and if applicable, any findings and actions taken by the CEO and/or ELC staff. The CEO will also inform the appropriate Board committee or, if applicable, the Board of any adverse impact or effect on the ELC and/or its Client as a result of the actions or omissions of the ELC staff member that was the subject of the Grievance, which would include, but not be limited any inquiry or notice received by the ELC from a third party agency or authority concerning the Grievance and/or ELC staff member. The CEO shall keep the Chair and General Counsel informed, as needed, of any and all circumstances that could form the basis of a claim, investigation, proceeding, charges, lawsuit or other action against the ELC as well as any correspondences or notices threatening action against the ELC as a result of the acts or omissions of the ELC staff member that was the subject of the Grievance. Any information or reporting provided to a Board committee, or if applicable, to the Board of the Grievance as it pertains to an ELC staff member shall not be in violation of any applicable federal and/or Florida law, or in violation of the ELC s policies and procedures. Page 8

9 aa. The CEO, if allowed pursuant to applicable federal and/or Florida law, will inform the Grievant of the results of the ELC s investigation of the Grievance against the ELC staff member. In no event will an ELC staff member that is the subject of a Grievance be a member of the Grievance Review Committee. V. Grievance against a Member or the Chief Executive Officer A Grievance by a Client, a person, or a government entity that is not contracted with the ELC or a Contractor against a Member or the Chief Executive Officer shall be addressed follows: The Grievance must be sent by the Grievant to the attention of the Chief Executive Officer with a copy to the General Counsel. In the event the Grievance is concerning the Chief Executive Officer, the Grievance will be sent to the Board Chair with a copy to the General Counsel. In the event the Grievance concerns both the Chief Executive Officer and the Board Chair, and then said Grievance must be directed to the General Counsel. The Grievant shall be verbally advised of the ELC s grievance policy and procedures and provided with written contact information for the appropriate person to accept said Grievance from the Grievant on behalf of the ELC. Within five (5) business days of written receipt of the Grievance, ELC staff shall provide a written acknowledgement of the receipt of Grievance to the Grievant and shall ensure that the Grievant is provided with a copy of the Early Learning Coalition of Broward County, Inc. Grievance Policy & Procedure. Within five (5) business days of written receipt of the Grievance, the Chief Executive Officer shall notify the Member in writing of said Grievance and provide a copy of said Grievance to the Member. If the Grievance concerns the Chief Executive Officer, the Chair of the Board shall notify the Chief Executive Officer in writing of said Grievance and provide a copy of said Grievance to the Chief Executive Officer. In the event the Grievance concerns the Chief Executive Officer and the Chair, the General Counsel shall notify the Chair and the Chief Executive Officer in writing of said Grievance and will provide a copy of said Grievance to the Chief Executive Officer and Chair of the Board. The Member or the Chief Executive Officer that is the subject of the Grievance may choose to provider a written reply or response regarding said Grievance to the person who accepted the Grievance on behalf of the ELC. In the event the Grievance concerns the Chief Executive Officer and the Chair of the Board, a written reply or response to the Grievance shall be directed to the General Counsel and to the Chair of the Governance Committee. Within thirty (30) business days of written receipt of said Grievance, the Governance Committee shall convene a meeting to hear said Grievance if said Grievance has not resolved with the Grievant prior to convening of the Governance Committee. The Chair and the Chief Executive Officer shall use their best efforts to handle, inquire, investigate and if possible resolve the Grievance with the Grievant prior to the convening of the Governance Committee. If either the Chair or Chief Executive Officer is the subject of the complaint or grievance, the matter shall be referred to the party (Chief Executive Officer or Chair of the Board) who is not the subject of the Grievance and said party shall use their best efforts to handle, inquire, investigate and, if possible, resolve the Grievance with the Grievant prior to the convening of the Governance Committee. In the event the Chief Executive Officer and/or the Chair is the subject of the Grievance, the Grievance will be heard by the Governance Committee. The Governance Committee, after reviewing and/or hearing the Grievance, may in its sole discretion, refer the Grievance to a state agency or entity having authority to review, investigate, handle and/or render a decision regarding the Grievance such as the Florida s Commission on Ethics or the office of the inspector general for a state agency or local agency, as applicable. The Governance Committee decision regarding referral may be made anytime prior or at the time of the scheduled meeting regarding the Grievance. In the event that the allegations or violations set Page 9

10 forth in a Grievance is of such an urgency or severity that certain actions should or must be taken by the Board and/or the Executive Committee, as applicable, while the Grievance is being reviewed by a governmental agency or entity as set forth herein, the Governance Committee may hear and consider the Grievance at the time of, or subsequent to the referral of the Grievance as set forth herein. The Grievance Committee shall make a recommendation to the Executive Committee and/or to the Board, as applicable, to take certain actions concerning the Grievance while the Grievance is pending with governmental agency or entity having authority to review and make a determination regarding the matters set forth within the Grievance. In the event an agency decides not to accept the referral or does not render a final determination regarding the Grievance, the Governance Committee will hold a hearing on the Grievance in order to make a recommendation to the Executive Committee and/or the Board, as applicable. The Grievant and the Member or Chief Executive Officer who is the subject of the Grievance must be present at the Governance Committee meeting in order to be heard on the issues related to the Grievance. The Chief Executive Officer, if said person is not the subject of the Grievance, shall present to the Governance Committee the results of any inquiry or investigation of the Grievance. The Grievant will also be required to present any evidence in form of documentation and/or witnesses to support the allegations stated within the Grievance. In the event the Chief Executive Officer or the Chair is the subject of the Grievance, the results of any inquiry investigation shall be presented by General Counsel. Notwithstanding the foregoing, in no event shall the time to hear a Grievance before the Governance Committee be more than sixty (60) business days from the date of receipt of the Grievance by the ELC. The Grievant and the Member or Chief Executive officer will be informed of the final decision of the Governance Committee no later than thirty (30) business days from the date of the hearing of the Grievance before the Governance Committee. The Governance Committee s final recommendation shall be in the form of a written report to be presented to the Executive Committee and/or the Board, as applicable. Notwithstanding the foregoing, in no event shall the time to hear and/or report on a Grievance before the Board exceed more than ninety (90) business days from the date of receipt of the Grievance by the ELC. VI. Grievance against a Contractor A Grievance by a Client, a Vendor, a Subcontractor or a Service Provider against a Contractor shall be addressed as follows: a. After notice from a Grievant of a Grievance, ELC staff shall verbally advise the Grievant of the ELC s grievance policy and procedures and provided the Grievant with written contact information for the Contractor. The Grievant, as part of the information provided to the Grievant by ELC staff, will be directed to follow the Contractor s grievance process prior to accessing the grievance process for the ELC. b. Grievant shall be offered the opportunity to return to the ELC if a resolution or response is not obtained from the Contractor. The ELC will provide the Grievant the written contact information for the ELC. c. ELC staff shall record the Grievance and provide the Grievant with a copy of the ELC s Grievance Policy & Procedures. d. Within five (5) business days, ELC staff shall follow-up with the Contractor as to the status of the Grievance. e. A Grievance must first be presented to the Contractor by the Grievant in accordance with Page 10

11 grievance process established by the Contractor. f. The Contractor shall respond to a Grievance filed by a Grievant in accordance with its grievance process, but in no event within a time frame that exceeds seven (7) business days of receipt of the Grievance. The Contractor will maintain a record of the Grievance and file a monthly report regarding the Contractor s handling of the Grievances until its resolution with the ELC. g. The Grievant must follow and complete the Contractor s grievance appeal process. The ELC will intervene if the Grievance cannot be resolved between the Grievant and the Contractor through the Contractor s grievance process. In the event the Grievant cannot reach a resolution with the Contractor, the Grievant shall follow grievance process as set forth in Section VII of the procedure portion of the Grievance Policy and Procedure. VII. Contractor Grievance Appeal Process In the event the Grievant cannot reach a resolution with Contractor in accordance with the Contractor s grievance process, the Grievant shall be offered an opportunity to appeal the decision of the Contractor to the ELC. A Grievant appealing a Contractor s decision must submit written notice of the appeal of the Grievance within ten (10) business days of the Contractor s decision. Written notice shall include: i. The specific act(s) or omission(s) that is basis of the Grievance. ii. The date of occurrence of the act(s) or omission(s) that form the basis of the Grievance. iii. A detailed explanation of how the Grievant was adversely affected by the act, omission or decision. If known, the Grievant will provide specific legislation, policy, procedure, statute, etc. that was violated by the Contractor. iv. The name, address, and telephone number of an individual who can act on behalf of the Grievant if the Grievant is an entity or if the Client has a designated representative. v. Any supporting documentation regarding the Grievance. vi. A copy of the final decision and recommendation of the Contractor. h. Grievant shall submit a Grievance to the attention of the CEO at the ELC s office address. i. Within five (5) business days of receipt of the Grievance, the CEO or their designee shall provide written acknowledgement of the receipt of the Grievance and ensure that the Grievant is provided with a copy of the Early Learning Coalition of Broward County, Inc. Grievance Policy & Procedure. The Grievance shall also be forwarded to the Grievance Review Committee by ELC staff. j. The Grievance Review Committee shall contact the Contractor to ensure that the Grievant has followed and completed the Contractor s grievance process. If a Contractor s grievance process was not followed and completed by the Grievant, ELC staff shall refer the Grievant to Section VI of the procedure portion of the ELC s Grievance Policy and Procedure. If the Contractors grievance process was followed and completed by the Grievant, ELC staff shall contact the Contractor to obtain all available supplemental and documentary information for immediate review. k. Within five (5) business days after receiving notification of the Grievance and confirmation that the Grievant followed and completed the Contractor s grievance process, the Grievance Committee or its designated representative shall contact the Grievant in order to ensure that all documentation, information and/or data regarding the Grievance has been provided to the ELC and the Contractor. ELC staff shall maintain a log all dates of contact and attempted contact with Page 11

12 the Grievant. l. If a resolution is reached with the Grievant and Contractor prior to the Grievance Committee hearing, a report sufficiently detailing the Grievance and its resolution shall be created and maintained by the ELC. m. If a resolution is not reached with the Grievant and Contractor prior to the Grievance Committee hearing, the Grievance and any related documentation, information and data shall be compiled by ELC staff and provided to each member of the Grievance Review Committee. n. ELC staff shall schedule a hearing date before the Grievance Review Committee. ELC staff shall use it best efforts to schedule the Grievance Review Committee hearing at a mutually convenient date and time for the Grievant, the Contractor and the Grievance Review Committee members. The hearing shall take place no less than fifteen (15) business days and no more than forty (45) business days from the filing of the Grievance by the Grievant. i. After scheduling, the Grievant and Contractor must be present at hearing in order to be heard on the issues related to the complaint. ii. The hearing shall be recorded and minutes shall be taken iii. If the Grievant and Contractor agrees with the determination of the Grievance Review Committee, the Grievant and the Contractor shall sign and date the decision as set forth in the Grievance Review Committee report. In the event the Grievant or Contractor does not agree with the decision of the Grievance Review Committee, the Grievant and Contractor shall be advised of the right to an appeal the decision of the Grievance Committee to the CEO. iv. The final determination of the Grievance Review Committee shall be reduced to writing in the form of a report and presented to the Grievant and Contractor within five (5) business days from the date of the hearing. v. The Grievant and the Contractor shall have five (5) business days from the date of receipt of the Grievance Review Committee s decision to notify the ELC that the Grievant or the Contractor desires to appeal the decision of the Grievance Review Committee to the CEO. o. Within five (5) business days from receipt of the Grievant s or Contractor s notice of appeal of the decision of the Grievance Review Committee to the CEO, said committee shall present the CEO with all hearing documentation, minutes and any available transcript from the Grievance Review Committee hearing. p. Within ten (10) business days from receipt of the Grievant s or Contractor s notice of appeal of the decision of the Grievance Review Committee to the CEO, the CEO shall review the materials from the Grievance Committee hearing and prepare a written final decision accepting, rejecting or amending any portion of the Grievance Review Committee decision. In the case of the CEO s temporary absence, the Grievant and the Contractor will be notified of the delay of the CEO s decision. q. The decision of the CEO shall be the final authority regarding the Grievance for purposes of appeal and shall be forwarded to the Grievant and Contractor within five (5) business days of the CEO s final determination. The CEO s final determination as well as the Grievance Committee s report will be recorded and maintained by the ELC subsequent to the conclusion of the grievance Page 12

13 process as stated herein. In the event a Grievance is filed by a Contractor against another Contractor, the Grievance will be heard as follows: a. Grievant (Contractor) shall file a Grievance with the ELC and said Grievance shall include the following: i. The specific act(s) or omission(s) that is basis of the Grievance. ii. The date that the act(s) or omission(s) is basis of the Grievance occurred. iii. A detailed explanation of how the Grievant (Contractor) was adversely affected by the act, omission or decision. If known, the Grievant (Contractor) will provide specific legislation, policy, procedure, statute, etc. that was violated by the Contractor. iv. The name, address, and telephone number of an individual who can act on behalf of the Grievant (Contractor). v. Any supporting documentation regarding the Grievance b. Grievant (Contractor) shall submit the Grievance to the attention of the CEO at the ELC s office address. c. Within five (5) business days of receipt of the Grievance, the CEO or their designee shall provide written acknowledgement of the receipt of the Grievance and ensure that the Grievant (Contractor) is provided with a copy of the Early Learning Coalition of Broward County, Inc. Grievance Policy & Procedure. The Grievance shall be forwarded to the Grievance Review Committee by ELC staff. d. Within five (5) business days after receiving notification of the Grievance, the Grievance Committee or its designated representative shall contact the Grievant (Contractor) in order to obtain all documentation, information and/or data regarding the Grievance. ELC staff shall log dates of contact and attempted contact with the Grievant (Contractor) as well as any witnesses or persons having knowledge as part of its investigation as well as the outcome of the those contacts that were made or attempted as set forth herein. The Grievance Committee or its designated representative shall also contact the Contractor and inform the Contractor of the Grievance. The ELC staff shall obtain all documentation, information and/or data regarding the Grievance as well as any information regarding any contact (phone, , or otherwise) with the Grievant (Contractor) regarding the Grievance. e. If a resolution is reached with the Grievant (Contractor) and Contractor prior to the Grievance Committee hearing, a report sufficiently detailing the Grievance and its resolution shall be created and maintained by the ELC. f. If a resolution is not reached with the Grievant (Contractor) and Contractor prior to the Grievance Committee hearing, the Grievance and any related or associated documentation, information and data shall be compiled by ELC staff and provided to each member of the Grievance Review Committee. g. ELC staff shall schedule a hearing date before the Grievance Review Committee. ELC staff shall use it best efforts to schedule the Grievance Review Committee hearing at a mutually convenient date and time for the Grievant (Contractor), Contractor and the Grievance Review Committee. The hearing shall take place no less than fifteen (15) business days and no more than forty (45) business days from the filing of the Grievance by the Grievant (Contractor). vi. After scheduling, the Grievant (Contractor) and Contractor must be present at the Page 13

14 hearing in order to be heard on the issues related to the complaint. vii. The hearing shall be recorded and minutes shall be taken viii. If the Grievant (Contractor) and Contractor agrees with the decision of the Grievance Review Committee, a report sufficiently detailing the Grievance and its resolution shall created and maintained by the ELC. ix. The final determination of the Grievance Review Committee shall be reduced to writing and presented to the Grievant (Contractor) and Contractor within five (5) business days from the date of the hearing. The Grievant (Contractor) and Contractor shall be advised of the right to an appeal to the decision of the Grievance Review Committee to the CEO. x. The Grievant (Contractor) or Contractor shall have five (5) business days from the date of receipt of the Grievance Review Committee s decision to notify the ELC that the Grievant or Service Provider desires to appeal the decision of the Grievance Review Committee to the CEO. h. Within five (5) business days from receipt of the Grievant s or Contractor s notice of appeal of the decision of the Grievance Review Committee to the CEO, said committee shall present the CEO with all hearing documentation, minutes and any available transcript from the Grievance Review Committee hearing. i. Within ten (10) business days from receipt of the Grievant s or Contractor s notice of appeal of the decision of the Grievance Review Committee to the CEO, the CEO shall review the materials from the Grievance Committee hearing and prepare a final written decision accepting, rejecting or amending any portion of the Grievance Review Committee final decision. In the case of the CEO s temporary absence, the Grievant (Contractor) and Contractor will be notified of the delay of the CEO s decision. j. Except as stated herein, the decision of the CEO shall be the final authority regarding the Grievance for purposes of appeal and shall be forwarded to the Grievant (Contractor) and Contractor within five (5) business days of the CEO s final determination. The CEO s final decision as well as the Grievance Committee s report will be recorded and maintained by the ELC subsequent to the conclusion of the grievance process as stated herein. k. In the event the CEO, after consultation with the Chair and General Counsel, feels the Grievance is of such urgency, severity and/or impact that the Grievance should be heard and decided by the Board, the CEO will schedule the Grievance to be heard as an agenda item at the next scheduled Board meeting within five (5) business days of receipt of the final decision of the Grievance Committee. If the matter is of such urgency, severity and/or impact that the Grievance cannot wait until the next scheduled Board meeting, the CEO will immediately advise the Chair and the General Counsel in order to determine whether or not a special meeting of the Executive Committee and/or Board should be called to hear the Grievance pursuant to the ELC bylaws. l. The Grievant (Contractor) and the Contractor must be present at the Board, or if applicable, the Executive Committee meeting in order to be heard on the issues related to the Grievance. The Chief Executive Officer shall present to the Board, or if applicable, the Executive Committee the results of any inquiry or investigation of the Grievance and present a recommendation to the Board, or if applicable, the Executive Committee as it pertains to resolution of the Grievance. The Grievant (Contractor) will also be required to present any evidence in form of documentation and/or witness testimony to support the allegations stated within the Grievance. The Contractor may also present evidence in form of documentation and/or witnesses testimony to refute the Page 14

15 allegations stated within the Grievance. VIII. Grievance against the ELC by a Contractor, Service Provider, Vendor or Subcontractor Except as provided in Section IX and X of the ELC s Grievance Policy and Procedure, a Grievance filed by a Contractor, a Service Provider, a Vendor, a Subcontractor or the employees of any of the aforementioned entities against the ELC shall be in accordance with the dispute resolution provision of the contract between any of the aforementioned entities and the ELC. For purposes of this Section VIII of this policy and procedure, ELC shall include ELC staff, the CEO and a Member. A Service Provider or a Subcontractor that does not have a direct contract with the ELC for work and/or services under which the Grievance would arise will only be allowed to file a Grievance against the ELC if said Grievance is allowed under Section IX and Section X of the ELC s Grievance Policy and Procedure. An entity (including its employees) that has a contract with the ELC, but is not a Contractor, Service Provider, Vendor or Subcontractor and desires to file a Grievance against the ELC will be limited to the dispute resolution provision of the contract between the entity and the ELC unless said entity would be allowed to file a Grievance under Section IX and Section X of the ELC s Grievance Policy and Procedure. If there is a conflict between a dispute resolution provision of a Florida Office of Early Learning ( FOEL ) form contract between the ELC and the aforementioned entities and this policy and procedure, the dispute resolution provision within the FOEL form contract will control; however, if the dispute resolution provision of the FOEL form contract is silent on an area or procedure that is covered by this policy and procedure, the ELC s Grievance Policy and Procedure shall be controlling for that area in which the FOEL contract is silent. Notwithstanding the foregoing, in no event will this policy and procedure be interpreted to allow for any privity of contract where none exists, creation of third party beneficiary rights, or waiver of any legal rights and/or protections under a contract with the aforementioned entities, including, but not limited to sovereign immunity, that the ELC currently has or would have under said contract or pursuant to applicable law. IX. Grievance against the ELC by an entity or person regarding an ELC Procurement A Grievance by a person or an entity regarding a procurement of the ELC shall be done in accordance with the applicable dispute resolution provisions of the advertised or released procurement, the ELC s Fiscal Policies and Procedures, applicable law and, if applicable, the most current grant agreement between the ELC and Florida s Office of Early Learning. In the event there is conflict between applicable federal or state law and the ELC s Fiscal Policies and Procedures or the dispute resolution provisions of the advertised or released procurement, applicable federal or state law will prevail. X. Grievance against the ELC as an entity (Decisions or Actions of the Board) A Grievance by a Client, a person, or an entity against ELC that does not meet the requirements or parameters as set forth under Sections I through IX of the ELC s Grievance Policy and Procedure shall be addressed as follows: a. After notice of a Grievance by a Grievant, ELC staff shall verbally advise the Grievant of the ELC s grievance process and provided the Grievant with written contact information for the ELC. b. The Grievant shall submit a Grievance to the attention of the Chief Executive Officer with a copy to the General Counsel at the ELC s office address c. Within five (5) business days after receiving notification of the Grievance from the Grievant, the CEO or their designee shall assign the Grievance to the appropriate ELC staff member. A copy of the Grievance and all supporting documentation shall be provided to the assigned staff person for review. The ELC staff person will review of all documents related to the Grievance and contact all Page 15