Ninth Judicial Circuit Civil Rights Complaint Procedure

This procedure is adopted pursuant to Administrative Order In Re: Personnel Rules and Regulations issued by the Chief Justice of the Supreme Court on September 23, 1993 and sets forth the steps to be taken to investigate and provide for a prompt and equitable resolution to complaints of discrimination in employment decisions.

Only complaints of discrimination, by and against officers and employees of the Ninth Judicial Circuit, because of race, ethnicity, sex, religion, national origin, disability, marital status or age, should be filed using the procedures described herein.

A.  Intake Officer

The Chief Judge shall appoint an intake officer who shall be responsible for receiving and documenting complaints of discrimination by and against Ninth Judicial Circuit Court officers and employees. The name, office location, and phone number of the intake officer shall be posted in a prominent place with this procedure.

B.  Procedure

1. All complaints of discrimination shall be treated seriously and acted upon promptly. Any officer, employee, or applicant for employment, who believes that he or she is a victim of discrimination, should report the matter either orally or in writing, to the intake officer or the employee's supervisor, within ninety (90) days of the date of the alleged violation. If reported to the supervisor, the supervisor will report the complaint to the intake officer.
   
2. The intake officer shall interview the officer or employee the complaint is against. Complaints of discrimination under the Americans with Disabilities Act shall also be referred to the Court's ADA coordinator. The Chief Judge may attempt to resolve the complaint, informally, through mutual conciliation, or appoint an investigative officer(s) who will make an investigation and report to the Chief Judge on this matter.
   
3. If mutual conciliation is agreed upon by the complainant and the officer or employee the complaint is against, the Chief Judge, or an appointed representative, will meet with the individuals involved to discuss the nature of the complaint and methods for resolution. The Chief Judge, his or her appointed representative, or the individuals involved, may recommend alternative dispute resolution as a method for resolving the complaint. Alternative dispute resolution may be initiated at any stage of this procedure.
   
4. If an investigative officer(s) is appointed:

a.  The investigative officer(s) shall:

1. Interview the complainant concerning the nature and facts of the complaint.

2. Interview the officer or employee the complaint is against to obtain his or her understanding of the complaint, and his or her perception of the facts of the complaint. The officer or employee the complaint is against may prepare a written response to the complaint.

3. Interview any witnesses as the investigative officer(s) deem necessary.

4. Prepare and submit a written report to the Chief Judge describing the nature and facts of the complaint.

2. The Chief Judge shall make a determination of the validity of the complaint. The Chief Judge may meet with all individuals concerned with a goal toward mutual resolution, dismiss the complaint, authorize appropriate discipline up to and including dismissal, or refer the complaint to the appropriate outside agency. The Chief Judge may meet with the complainant and the officer or employee the complaint is against, either separately or together, and inform them of his or her decision.

C.  Confidentiality

Written materials developed through the use of this procedure are confidential pursuant to Rule 2.051, Public Access to Judicial Records, Florida Rules of Judicial Administration.

D.  EEOC and FCHR

Irrespective of these internal procedures, the complainant retains the right before, during, or after the proceedings, to seek remedy outside the court's internal procedure as provided by law. The complainant may file a charge with the EEOC, or with the Florida Commission on Human Relations (FCHR). The EEOC may be reached toll free at (800) USA EEOC. The FCHR is located at 325 John Knox Road, Building F, Suite 240, Tallahassee, Florida 32303-4113.

E.  Judicial Qualifications Commission

Additionally, the Judicial Qualifications Commission, under Article V Section 12 of the Florida Constitution, has the jurisdiction to investigate all reported instances of judicial misconduct. The Judicial Qualifications Commission is located at Room 102, The Historic Capitol, Tallahassee, Florida 32399-6000. Ms. Brooke S. Kennerly, Executive Director, can be contacted at (850) 488-1581.

F.  The Florida Bar

The Board of Governors of the Florida Bar, by authority of the Supreme Court, and under its Rules and Regulations, has the jurisdiction to investigate all reported instances of misconduct by members of the Florida Bar. The Florida Bar is located at 650 Appalachee Parkway, Tallahassee, Florida 32399-2300.

G.  Records

All records of complaints of discrimination and their resolution shall be documented and maintained by the intake officer. If an investigation takes place, and the investigative officer has submitted a written report to the Chief Judge, any record of any resulting disciplinary action will be maintained in the disciplined employee's personnel file.

(Revised 07/01/95)

EQUAL EMPLOYMENT OPPORTUNITY

I have received and read a copy of the Ninth Judicial Circuit Court Civil Rights complaint Procedure In re: Personnel rules and Regulations. I understand the policy set forth regarding discrimination, the procedure for resolving civil rights complaints, and the consequences of any violation of this policy.

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Employee's Name

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Employee's Signature

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Date

N O T I C E

The Ninth Judicial Circuit's Civil Rights Complaint Procedure which was adopted pursuant to Administrative Order In Re: Personnel Rules and Regulations issued by the Chief Justice of the Supreme Court on September 23, 1993, sets forth the steps to be taken to investigate and provide for a prompt and equitable resolution to complaints of discrimination in employment decisions.

Only complaints of discrimination, by and against officers and employees of the Ninth Judicial Circuit, because of race, ethnicity, sex, religion, national origin, disability, marital status or age, should be filed using these procedures.

The intake officers who shall be responsible for receiving and documenting complaints of discrimination by and against Ninth Judicial Circuit Court officers and employees are: