Employee Grievance Hearing Officer

We are looking for a Hearing Officer who is committed to protecting and serving within our agency, our careers make a difference!

The Department of Adult Corrections (DAC) Hearing Officer conducts internal employment grievance hearings involving dismissal, demotion, disciplinary suspension without pay, discrimination, unlawful workplace harassment, retaliation, non-selection hiring decisions based on unlawful discrimination, harassment, and/or retaliation, failure to give promotional priority or veterans’ preference. Hearings may be conducted either in person or virtually via TEAMS or other virtual conferencing application.

Specific duties of the Hearing Officer include the following:

• Regulate attendance at the hearing, as well as the course of the hearing and ensure an orderly presentation of evidence.
• Ensure that all parties have a full and fair opportunity to present their claims orally, as well as by the presentation of witnesses and evidence to establish their claims.
• Render a fair, independent and impartial recommendation resolving the material issue(s) of the case, based upon the evidence presented during the hearing.
• Ensure that a complete record is made of the hearing and submitted to the appropriate authority.
• Maintain confidentiality and refrain from disclosing information concerning the case to others, including any information that may have been presented before, during and after the Hearing, except as allowed by policy or required by law.
• The recommendation made by the Hearing Officer must be based on the agency policies and the evidence presented. In deciding the outcome, the Hearing Officer shall consider law, rule, as well as State Human Resources and Agency policy and precedence.

After opposing parties have presented their cases, the Hearing Officer is to consider and compare each piece of evidence presented at the hearing. Each finding of fact made by the Hearing Officer shall be supported by a preponderance of the evidence unless a different standard of proof is required. Preponderance of the evidence is that the evidence which, in light of the record as a whole, leading the hearing officer to believe that the finding is more likely to be true than not true.

The Hearing Officer must complete a Hearing Report following the hearing. The Hearing Report shall encompass all information presented by both parties at the hearing and provide a detailed analysis of the Hearing Officer’s recommendation.

Specifically, the Hearing Report must include the following:

• A clear and precise statement of the issues as well as a summary of the evidence presented by both sides.
• The date, location and participants in the hearing.
• All material, reports, records and documents placed into evidence during the hearing. These documents shall be attached to the Hearing Report.
• The findings of fact deduced from the Hearing and written in the Hearing Report must be sufficient to apprise the parties of the basis for the decision.
• Conflicting evidence on an issue that is necessary to resolve the case must be documented in the Hearing Report as well as the reasoning used in resolving the issue with the conflicting evidence that was introduced.
• A clear explanation of the reasoning underlying the decision.
• The Hearing Report prepared by the Hearing Officer must be submitted to the appropriate personnel within the Agency for the issuance of a Final Agency Decision.
• The proposed recommendation should be submitted to the Agency head or designee and the Director of the Office of State Human Resources or designee within the 35-calendar day timeframe for the Step 2 Hearing process so that the Final Agency Decision is issued within 90 days of receipt of the employee grievance.

Incumbent will research relevant policy, rules, regulations or law for each hearing, and participate in continuing legal education to stay updated on employment law. The position may consult with agency General Counsel or Attorney General’s staff regarding employee grievances which have been appealed to a higher forum or court.

This is a full-time position (40 hours per week) with State Benefits.

This position is eligible for a flexible/hybrid telework schedule under the State of NC Telework Program.

** THIS IS AN ANTICIPATED ADDITIONAL VACANCY, PENDING FINAL CLASSIFICATION REALLOCATION APPROVAL. POSITION CANNOT BE FILLED UNTIL REALLOCATION IS COMPLETE. **

Note to Current State Employees:

State employees are encouraged to apply for positions of interest even if the salary grade is the same as, or lower than, their current position. If selected for this position, a new salary will be recalculated taking into consideration the quantity of relevant education and experience, funding availability, and internal equity. Based upon these factors, a pay increase MAY result.

Salary

• $64,838 - $97,257/year

Qualifications

Knowledge, Skills and Abilities / Competencies

The Knowledge, Skills and Abilities listed below, along with the Minimum Education and Experience requirements, are REQUIRED to qualify for this position. We will not review resumes in lieu of Experience and Education listed on the application.

To qualify for this position, applicants must document on the application that they possess ALL of the following:

• Considerable knowledge of the programmatic principles and/or technical concepts, procedures and terminologies related to public employment and employee grievances.
• Working knowledge to interpret laws, rules, regulations, and court decisions applicable to public employment.

• Demonstrated skill in analyzing facts, evidence, and legal documents.
• Demonstrated ability to express legal interpretations or conclusions of law clearly and logically in oral and written form.

• Proven ability to maintain effective working relationships with grievants, respondents, agency leadership, the public and other persons contacted in the course of work.

Management Preferences:

• Experience in conducting employment or employee grievance hearings, negotiations, and/or mediations.
• Experience developing and conducting training for the area of assignment.
• Experience using Microsoft Word, Excel, Outlook, PowerPoint, TEAMS, and HR Information Systems.

* Must have a valid driver's license.

Minimum Education and Experience Requirements

Some state job postings say you can qualify by an “equivalent combination of education and experience.” If that language appears below, then you may qualify through EITHER years of education OR years of directly related experience, OR a combination of both.
See https://oshr.nc.gov/experience-guide for details.

Juris Doctor from an appropriately accredited institution.

Other Information

333 Fayetteville St

Raleigh, North Carolina, 27603

How to Apply

Come Join Us To Make A Difference!

The NC Department of Adult Correction is one of the largest state agencies with more than 19,000 employees. It is responsible for safeguarding and preserving the lives and property of its citizens through prevention, protection, and preparation as well as the care, custody, and supervision of all adults sentenced after conviction for violating North Carolina laws. This department includes State Prisons with custody, healthcare, and facility operations staff as well as the division of Community Supervision. Other divisions include Administration, Compliance & Accreditation, Comprehensive Health Services, Internal Affairs & Intelligence Operations, Post-Release Supervision & Parole Commission, and Rehabilitation & Reentry.

The Division of Human Resources plays a crucial role in ensuring that the North Carolina Department of Adult Correction has a robust and skilled workforce. The division provides comprehensive personnel services to all divisions/units throughout the department. Central HR handles a wide range of responsibilities related to staffing and recruitment, benefits, policy administration, classification and compensation, organization development, data & analytics, performance, employee relations/equal employment opportunities, and safety administration. By effectively managing these functions, the division helps to attract and retain talented employees, promote a positive work environment, and ensure the safety and well-being of all staff members.

The North Carolina Department of Adult Correction (DAC) is an Equal Opportunity Employer that embraces an Employment First philosophy which consists of complying with all federal laws, state laws, and Executive Orders. We are committed to reviewing requests for reasonable accommodation at any time during the hiring process or while on the job.

DAC uses the Merit-Based Recruitment and Selection Plan to fill positions subject to the State Human Resources Act with the most qualified individuals. Hiring salary will be based on relevant qualifications, internal equity, and budgetary considerations pertinent to the advertised position.

It is critical to our screening and salary determination process that applications contain comprehensive information. Information should be provided in the appropriate areas to include the beginning and ending dates of jobs worked, education with the date graduated, all work experience, and certificates/licenses. Resumes will not be accepted in lieu of completing this application. Answers to Supplemental Questions must refer to the education or work experience listed on this application to receive credit. Degrees must be received from appropriately accredited institutions.

• Applicants seeking Veteran's Preference must attach a DD-214 Member-4 Form (Certificate of Release or Discharge from Active Duty) to their applications.
• Applicants seeking National Guard Preference must attach a NGB 23A (RPAS) if they are a current member of the NC National Guard in good standing. If a former member of the NC National Guard who served for at least 6 years and was discharged under honorable conditions, they must attach either a DD256 or NGB 22.
• If applicants earned college credit hours but did not complete a degree program, they must attach an unofficial transcript to each application to receive credit for this education.
• If applying for a position certified through the NC Dept. of Justice - Criminal Justice Standards Division, click this link for specific certification requirements: Correctional & Probation/Parole Officer Certification.
• The NC Dept. of Adult Correction must adhere to the US Dept. of Justice Final Rule on the "National Standards to Prevent, Detect, and Respond to Prison Rape." Click this link for information on hiring and promotion prohibition requirements for all positions in the NC Dept. of Adult Correction: PREA Hiring and Promotion Prohibitions (Download PDF reader) (Download PDF reader) (Download PDF reader).
• Per NC General Statute 143B-972.1 (Download PDF reader) (Download PDF reader) (Download PDF reader), applicants hired into a position certified as a criminal justice officer or justice officer are required to electronically submit fingerprints to the NC State Bureau of Investigation for a state and national criminal history record check and enrollment in the FBI’s Next Generation Identification System: Criminal Justice Record of Arrest and Prosecution Background Service (“RAP Back”). This is in addition to submitting fingerprints during the application process.
• If you were ever charged with a criminal offense at some point in your life, you will be required to provide certified and true copies of warrant(s) and judgment(s) for each offense (other than a minor traffic violation) as a condition of employment, even if documentation and charges have previously been reported to this agency.

Due to the volume of applications received, we are unable to provide information regarding the status of your application over the phone. To check the status of your application, please log in to your account and click "Application Status." If you are selected for an interview, you will be contacted by management. If you are no longer under consideration, you will receive an email notification.

For technical issues with your application, please call the GovernmentJobs.com Applicant Support Help Line at 855-524-5627. If there are any questions about this posting other than your application status, please contact katheleen.Foley@dac.nc.gov.

Benefits

NOTE: For temporary, contract or other supplemental staffing appointments: There are no paid leave, retirement or other benefits associated with these appointment types.

For permanent and time-limited appointments:
Eligible employees have benefits that include employee health insurance options, standard and supplemental retirement plans, NC Flex (a variety of high-quality, low-cost benefits on a pre-tax basis), and paid vacation, sick, and community service leave, to name a few. Paid parental leave is available for eligible employees. Some benefits require 30 + hours work/week for participation.