Ch 10. GRIEVANCES

    Ch 10 Outline

  1. 1. PURPOSE
  2. 2. APPLICABILITY
  3. 3. INFORMAL GRIEVANCE RESOLUTION PROCEDURE
  4. 4. FORMAL GRIEVANCE HEARING
    1. A. Generally
    2. B. Process
      1. 1) Contents of the Grievance
      2. 2) Scheduling of the Formal Grievance Hearin
    3. C. Hearing Rights
      1. 1) Rights Prior to the Hearing
      2. 2) Rights at the Hearing
      3. 3) Failure to Appear
  5. 5. POST-HEARING PROCEDURES
    1. A. Issuance of Decision
    2. B. Finality of Decision
    3. C. Record Retention
  6. 6. MISCELLANEOUS PROVISIONS
    1. A. Confidentiality
    2. B. Non-Retaliation
    3. C. Amendments
    4. D. Severability

1. PURPOSE

The purpose of this Chapter is to afford applicants and participants in Lummi Nation Housing Authority (LNHA) Programs the opportunity for a fair hearing regarding any grievances related to the actions or inactions of the LNHA.

2. APPLICABILITY

This Chapter applies to all grievances arising from LNHA’s actions or inactions concerning applicants or participants in LNHA Programs. However, actions involving termination, eviction, or power of sale initiated by the LNHA are exempt from the Formal Grievance process outlined in Section 4. In such instances, the decision rendered by the Executive Director following the Informal Grievance process detailed in Section 3 shall be final.

This Chapter does not apply to LNHA employees and does not address employment-related grievances, which are governed by the Human Resources Policies and Procedures.

3. INFORMAL GRIEVANCE RESOLUTION PROCEDURE

If an individual covered under this Chapter has a grievance concerning LNHA’s action or inaction, they must first seek resolution through informal discussion with the LNHA Executive Director.

Within five days of the request for an informal hearing, the LNHA Executive Director or designee shall offer to meet with the grievant and issue a written decision detailing the issue and its resolution. The decision shall also outline the procedures for requesting a formal hearing. A copy of the decision shall be sent by first-class mail to the grievant’s last known address. An additional copy shall be placed in the grievant’s file. Absent good cause, failure of the grievant to attend a scheduled informal hearing shall constitute a withdrawal of the grievance.

4. FORMAL GRIEVANCE HEARING

A. Generally

Except in cases involving termination, eviction, or power of sale actions taken by LNHA, if a grievant is dissatisfied with the results of the informal hearing process, they may seek resolution through a formal hearing before the LNHA Board of Commissioners. The decision of the Board will be based on a majority vote of the Board members present at the hearing.

B. Process

Grievants seeking redress through a formal hearing must submit a written request to LNHA within fourteen (14) days of receiving the written decision from the informal hearing. Failure to submit a formal hearing request within this timeframe shall be construed as a waiver of the grievant’s right to further contest the informal hearing resolution.

1) Contents of the Grievance

The formal hearing request must be in writing, signed by the grievant, and must include:

  1. A detailed description of the grievance;
  2. The specific relief being sought by the grievant;
  3. Contact information, including a phone number (if available) and address;
  4. A copy of the written decision resulting from the informal hearing.

2) Scheduling of the Formal Grievance Hearin

Upon receipt of a comprehensive and timely request for a formal hearing, the Housing Commission shall schedule the formal hearing to coincide with its next regular meeting. Notice of the hearing, including the date, time, and location, shall be sent to the grievant at their last known address.

C. Hearing Rights

1) Rights Prior to the Hearing

Before the hearing, the grievant shall have the right to examine and copy (at their expense) all documents and records within their file, as well as any other non-confidential documents and records pertinent to the grievance.

2) Rights at the Hearing

During the formal hearing, the grievant shall have the following rights:

  1. Representation: To be represented by legal counsel or any other third party who consents to act as the grievant’s representative.
  2. Presentation of Evidence: To introduce both written and oral evidence, which shall not be subject to the formal rules of evidence that govern judicial proceedings.
  3. Calling Witnesses: To call witnesses in support of their case.
  4. Cross-Examination: To confront and cross-examine all witnesses presented by the opposition.
  5. Impartial Hearing Board: To have a Hearing Board composed of at least three impartial individuals.
  6. Conflict-Free Hearing Board: To have a Hearing Board free from any direct conflicts of interest. This includes relationships such as siblings, parents, grandparents, aunts, uncles, nephews, nieces, cousins, parents-in-law, daughters- or sons-in-law, or brothers- or sisters-in-law. For the purposes of this section, half-relations shall be treated as full relations.
  7. Written Decision: To receive a written decision based on the evidence and representations of both parties, issued no later than thirty (30) days after the hearing.

3) Failure to Appear

If either the grievant or the LNHA fails to appear at the scheduled hearing within twenty (20) minutes of the designated start time without demonstrating good cause, the Hearing Board has the authority to dismiss the grievance or enter a default judgment, as appropriate.

5. POST-HEARING PROCEDURES

A. Issuance of Decision

The Hearing Board shall issue a written decision within thirty (30) days following the conclusion of the formal hearing. The decision shall detail the findings of fact, the conclusions drawn from those facts, and the rationale for the decision. Copies of the decision shall be mailed to the grievant’s last known address and placed in the grievant’s file.

B. Finality of Decision

The written decision of the Hearing Board shall be final and binding on all parties involved, subject to any rights of judicial review as provided by applicable law.

C. Record Retention

All records relating to the grievance and its resolution, including but not limited to, written decisions, correspondence, and hearing transcripts, shall be retained by LNHA in accordance with its record retention policies and applicable law.

6. MISCELLANEOUS PROVISIONS

A. Confidentiality

All proceedings and records related to the grievance process shall be treated as confidential to the extent permitted by law. Disclosure of information shall be limited to individuals directly involved in the grievance process unless otherwise required by law.

B. Non-Retaliation

LNHA shall not retaliate against any individual for filing a grievance or for participating in the grievance process. Any allegations of retaliation shall be taken seriously and investigated promptly.

C. Amendments

This Chapter may be amended by LNHA from time to time to ensure compliance with applicable laws and to address evolving organizational needs. Amendments shall be effective upon approval by the LNHA Board of Commissioners and shall be communicated to all affected parties.

D. Severability

If any provision of this Chapter is held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the remaining provisions, which shall continue in full force and effect.

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