HomeMy WebLinkAbout*Other - BOCC (004)June 9, 2021
GRANT COUNTY
OFFICE OF THE
BOARD OF COUNTY COMMISSIONERS
P O Box 37
EPHRATA WA 98823
(509) 754-2011
This will serve as the written response required following the grievance hearing held 05/10/21
pertaining to grievance filed by the Association filed 03/24/21 on behalf of Jerry Bessett.
Jerry Bessett is employed in the position of Building Safety Specialist 4 in Development Services.
Mr. Bessett was a given a verbal reprimand on February 24, 2021, due to Failing to secure advanced
approval of annual leave usage for the extension of his vacation. The grievance has risen through
step 1 to step 2.
The Board has reviewed all submitted documentation and identifies the following y as key elements of
fact:
a) On February 16, 2021, Mr. Bessett contacted Brock Laughlin, by text, informing him of his
inability to make it home. This occurred late in the workday (4:32 PM). Mr. Bessett did not
make a request for an extension to the scheduled annual leave but provided notice of what he
had already determined would occur.
b) Mr. Bessett sent a second text the next morning. Mr. Laughlin confirmed receipt of the text.
c) Subsequently, Mr. Bessett and Damien Hooper spoke by telephone. Mr. Hooper informed
Mr. Bessett that annual leave requires advance approval, and that the office was very busy,
and he needed to be back in the office ASAP.
d) Mr. Bessett asserts that Mr. Hooper did not convey this as a directive, but rather as a
statement. Mr: Bessett asserts that if Mr. Hooper was attempting to make a directive, he was
doing so knowing that Mr. Bessett was not able to achieve the directive and would therefore
be insubordinate.
e) Annual leave is scheduled via request not announced to the supervisor as a foregone
conclusion. An extension of annual leave is handled the same regardless of factors leading to
the extension.
f) The Union asserts that Mr. Bessett was disciplined for being unable to get home to work after
a vacation because the mountain passes had been closed.
The Board of County Commissioners directs that a) the issuance of verbal discipline was appropriate
and is upheld and b) the disciplinary document will be altered to identify the potential result of future
Danny E. Stone
District 1
Rob Jones
District 2
Cindy Carter
District 3
"To MEET CURRENT AND FUTURE NEEDS9 SERVING TOGETHER WITH PUBLIC AND PRIVATE ENTITIES9 WHILE FOSTERING
A RESPECTFUL AND SUCCESSFUL WORK ENVIRONMENT."
occurrence will be "Written Warning" not "Suspension without Pay"._ The following items expand
upon the Board's reasoning:
a) By his own admission, Mr. Bessett notified the department that his annual leave would be
extended. He did not request an extension based upon available data. Ultimately, the
department did not approve the extension.
b) Travel during the winter months in Washington State often requires driving over mountain
passes. These passes do close but are seldom closed continuously over multiple days.
During the period of time in question the passes opened periodically. Had Mr. Bessett
returned to the Seattle area when he was scheduled, he would have most likely been able to
return to Ephrata.
c) Mr. Bessett's assertion that Mr. Hooper did not convey his denial of the leave extension as a
directive is a moot point. Mr. Hooper did not provide approval to the extension as was
required.
d) Mr. Bessett was not disciplined for being unable to get home to work after a vacation because
the mountain passes had been closed. He was disciplined for a) using poor judgement in
determining unilaterally that the only solution was to remain at his resort for additional days
andb) failing to request an extension of annual leave from his Department Head with enough
lead time that an effective discussion could be held.
e) The punishment did not violate the requirement for "progressive discipline" in that the lowest
level of discipline was issued. The potential consequence of future action is not a
punishment and therefore is not required to be progressive. The Board does agree that the
selection of "Suspension without Pay" and not selecting "Written Warning" does give the
misimpression that an advanced decision has been made on future actions prior to the facts
being established. The Board directs that the issued disciplinary document be altered to
remove the selection of "Suspension without Pay" and add the selection of "Written
Warning".
Sincerely,
BOARD OF GRANT COUNTY COMMISSIONERS
147
Cindy t4her, Chair Da y E. Stone Rob�ones
KE:bjv
CC: 2021-02-24 - Notice of Disciplinary Action
2021-03-24 - Step 1 Filing
2021-03-26 - Step 1 Response
2021-04-23 - Step 2 Filing