SECTION 334.1. Procedures for Grievances Involving Local Campaign Issues

The State Employee Charitable Campaign (SECC) is conducted in accordance with state law, the comptroller's rules and State Employee Charitable Campaign Policy Committee (SPC) rules. While the SPC is responsible for oversight of the SECC and for insuring that the campaign is run fairly and equitably, the day-to-day oversight of the SECC in each local area rests with the SPC or with the Local Employee Committees (LEC) if the SPC appoints an LEC for that area. The SPC or the LEC, if appointed, is responsible for oversight of the local SECC to ensure that all campaign activities are conducted in accordance with state law and that they fairly and equitably promote unified solicitation on behalf of all participants. In order to expedite the handling of complaints and grievances pertaining to SECC and to ensure the input of all concerned parties, the grievance policy detailed in this section, shall be followed.

(1) A state employee or charitable organization, including a federation/affiliate charity representative, may lodge a grievance pertaining to the conduct of the SECC at the local level or regarding an LEC, local campaign manager (LCM), or local charitable organization or local federation or fund. The grievance shall be submitted in writing to the LEC chair in whose area the grievance originates if an LEC has been appointed for the campaign area. If an LEC has not been appointed, the grievance may be submitted in writing to the SPC chair, by delivery to the address of the State Campaign Manager (SCM).

(2) The chair of the LEC, or the SCM, as appropriate, shall provide a written response to the grievance within 10 business days.

(3) If the aggrieved party has received no response within the specified time frame or is not satisfied with the response provided by the LEC, or, if there is no LEC, by the SCM, the aggrieved party may submit the grievance to the State Policy Committee by delivery to the address of the State Campaign Manager.

(4) The grievance shall contain a copy of the original grievance submitted to the LEC and the LEC response. If the LEC failed to respond to the original grievance within the specified time frame, the failure to respond should be stated in the submission to the SPC.

(5) Any grievance submitted to the SPC without first being submitted to the LEC, if an LEC has been appointed for that local campaign area, will not be acted upon but will be forwarded to the appropriate LEC for action.

(6) A grievance properly received by the SPC will be reviewed and may be acted upon at the next scheduled SPC meeting, if possible.

(7) A state employee who has a complaint about coercive activity in any part of the campaign should file a complaint with the comptroller's office in accordance with §5.48(w) of this title (relating to Deductions for Contributions to Charitable Organizations). The LCM and the SCM shall refer to the comptroller's office all complaints they receive relating to coercive activity in the campaign.

Source Note: The provisions of this §334.1 adopted to be effective June 23, 2002, 27 TexReg 5215; amended to be effective March 16, 2006, 31 TexReg 1725; amended to be effective December 4, 2014, 39 TexReg 9364