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Grievance Committee Responsibilities

The Council shall establish a Grievance Committee which shall consider and take action regarding grievances related to the priority setting process, including the needs assessment process, the comprehensive planning process, the allocation of funds to service categories, compliance with the nominations process and issues of conflict of interest. The committee shall consider such other matters, as the co-chairs of the Council shall refer to it. 
  • The Grievance Committee shall consist of five persons selected as follows: three members elected by the Council for a term of one year, one of whom shall be an HIV positive member of the Council; the co-chairs of the Council, and; a sixth person selected by the other five members of the committee. This person must be a member of the Council who is a chair of a standing committee who, in the opinion of the other five members, has the most knowledge of the subject of the specific grievance to be heard. The sixth member is appointed to the Grievance Committee only for the purpose of hearing a specific pending grievance.
  • The three elected members and the two co-chairs shall select a committee chair from among the three elected members.
  • The committee has the authority to act on behalf of the Council and to bind the Council for the resolution of a grievance. 
  • At least three of the six members of the committee must be present to constitute a quorum. The committee shall try, to the extent possible, to act by consensus. In the event a consensus is not possible, the committee shall act by a majority vote of those present.
  • The committee shall report to the Council regarding any grievances filed, the status of any pending grievances, and its actions with regard to grievances heard. 
  • The Grievance Committee and the Council shall comply with the Grievance and Dispute Resolution Policy.

Grievance Policy and Procedure

Grievance and Dispute Resolution Form

Interpersonal conflicts between members: When there is a conflict or dispute between two members, the two members shall meet informally and try to resolve the issue. For more information please refer to the council's practice and procedures document. 

Policy
It shall be the policy of the Minnesota Council for HIV/AIDS Care and Prevention to ensure an open and equitable process of establishing HIV/AIDS service priorities and the allocation of CARE Act funds to said priorities. The goal of this policy is to develop and support procedures which will result in the fair resolution of grievances related to the priority setting and allocations process and provide a grievance process for community members, consumers, and providers of HIV/AIDS services affected by these processes. This policy and procedure is designed to assist the Council in resolving concerns, complaints and formal grievances in an expedited manner.

Procedures
1.    To facilitate prevention of grievance, the Council will:
        a.     Review and monitor all aspects of the setting of service priorities and the allocation of funds to said
                service priorities to ensure comprehensive, inclusive participation in all levels of the decision making
                process. 
        b.     Monitor conflict of interest management at every level of the decision making process.
        c.     Provide clarity to all participants by providing frequent communication with communities affected by HIV
                disease, consumers of HIV/AIDS services and providers of HIV/AIDS services, a clear written explanation
                of all processes which establish priorities and allocate funds to service categories.
        d.     Prepare and distribute clear statements of decision making principles related to priority setting and
                allocation of funds to service categories.
        e.     Provide notification to all interested persons at every aspect of the priority setting and funds allocation
                process. 
        f.     Provide opportunity for public comment prior to finalization of Council priorities and fund allocation.

2.     To facilitate the informal resolution of a grievance, the Council will:
        a.     Hold an annual election in March to seat the members of the Grievance Committee.
        b.     The HIV+ Council Co-Chair shall serve as the Grievance Coordinator unless said Co-Chair is mentioned
                in the submitted grievance. In the event the HIV+ Co-Chair is mentioned in the grievance, the Grievance
                Committee will select a Grievance Coordinator from the committee. The Grievance Coordinator 
                is responsible for coordinating all aspects of the grievance process. 
        c.     The Grievance Committee of the Council will be available for prompt review and, if possible, resolution    
                of grievances prior to mediation or arbitration which tax the scarce resources of the Council, their staff
                and the grantees. The Committee will review every grievance and will expedite and facilitate early
                resolution or recommend informal mediation or arbitration. 
        d.     Make this grievance procedure available to all communities affected by HIV disease, consumers of
                HIV/AIDS services and providers of HIV/AIDS services as stakeholders in the priority setting and fund
                allocation process.

3.    The following actions may be grieved:
        a.     All decisions relating to the priority setting process including needs assessment process, the
                comprehensive planning process, as well as the allocation of funds to service categories, may
                be grieved in accord with the policies and procedures established by the Council.
        b.     Compliance with the Open Nominations process.

4.     The following entities and individuals may bring a grievance against the Council: 
        a.      Individuals affected by HIV disease.
        b.     Consumers of HIV/AIDS related services.
        c.      HIV/AIDS service providers.

5.     A grievance shall be in writing on the Grievance and Dispute Resolution form. The grievant shall: 
        a.     Specifically identify the decision to be grieved, i.e., the service priorities set, the allocation of funds to
                priorities. 
        b.     Specifically identify the basis for the grievance, that is; the exact manner in which the grieved decision
                deviated from the established priorities and/or procedures.
        c.     File the grievance with the Grievance Coordinator at the address on the form within five (5) working days
                of action by the Council.
        d.     First request a review by the Grievance Committee. Immediate mediation, if so requested, is available
                only upon prior approval of the Committee. The Committee will respond to all requests within five (5)
                working days.

6.     Action by the Grievance Committee: 
        a.     The Committee shall contact the grievant(s) promptly upon receipt of the grievance to arrange an
                informal session to attempt to resolve the grievance.
        b.     If the grievant or the Committee determines that the attempt to resolve the grievance or the resolution is
                unacceptable, they may request mediation. The Grievance Committee will issue a Notice of Right to
                Proceed to Mediation promptly upon termination of the informal resolution process.
        c.     The Grievance Committee and Council will keep confidential any information regarding a party’s
                grievance and only share the information with those persons or entities having a need to know.
        d.     All meetings between the Grievance Committee, the grievant and any outside mediator shall be held at a
                time and place that is readily accessible to the grievant.

7.     Mediation:
        a.     Mediation may be requested if:
                1. The Grievance Committee so approves, or
                2. The grievant is not satisfied with the resolution, if any, facilitated by the Grievance Committee, and
                3. The Committee issues a Notice of Right to Proceed, which is sent by certified mail to the grievant.
        b.     Mediation shall be requested in writing within seven (7) working days of receipt of the Notice of Right to
                Proceed to Mediation. 
        c.     The parties to the mediation may mutually decide upon a mediator.
        d.     If the parties are unwilling or unable to decide upon a mediator, the Grievance Coordinator will refer the
                matter to the Center for Mediation, a professional mediator who has been previously contacted by the
                grantees and agreed to provide an expedited negotiation process. The mediation shall be conducted in
                accord with generally accepted principles of professional mediation.
        e.     The mediation shall occur within seven (7) working days of receipt of the mutual request from the
                parties. 
        f.      The mediation shall be concluded within one (1) day unless the parties agree to an extension.
        g.     If the parties are unable to resolve the grievance through mediation within one (1) day and do not agree
                to an extension, the mediator shall issue a Notice of Right to Proceed to Arbitration which is sent by
                certified mail to the parties. 
        h.     The Grievance Committee and Council will keep confidential any information regarding a party’s
                grievance and only share the information with those persons or entities having a need to know.

8.    Arbitration:
        a.     Upon receipt of the Notice of Right to Proceed to Arbitration, the grievant may request arbitration.
        b.     The request for arbitration shall be made within seven (7) working days.
        c.     Within seven (7) days after receipt of the written Request for Arbitration, the Grievance Coordinator will
                notify the Center for Mediation and request a list of arbitrators.
        d.     The parties will select arbitrators by alternately striking names from the list of arbitrators within seven
                (7) days. The other party may reject the grievant's choice only if the selected arbitrator was the mediator.
                The arbitration shall occur within ten (10) days of the selection of an arbitrator. Formal notice of the
                hearing shall be sent by the arbitrator to the parties at least seven (7) days in advance of the hearing
                date. 
        e.     The arbitration hearing shall occur at a time and place that is readily accessible to the grievant.
        f.      Generally, the arbitration hearing shall be concluded within one day. The arbitrator, for good cause
                shown, may schedule an additional hearing to be held within seven (7) days.
        g.     Unless otherwise agreed by the parties, the award shall be rendered not later than fourteen (14) days
                from the date of the closing of the hearing.
        h.     The maximum amount of time between the date of issuance of the Notice of Right to Proceed to Binding
                Arbitration and a final award is rendered by the arbitrator shall not exceed 60 days. 
         i.     The Grievance Committee and Council will keep confidential any information regarding a party’s
                grievance and only share the information with those persons or entities having a need to know.

9.     The grievant in requesting mediation and/or arbitration agrees that: 
        a.     Costs for all non-binding and binding Grievance Processes will be the initial responsibility of the
                grievant. A $100.00 non-refundable filing fee, payable to Hennepin County, is required to initiate
                arbitration. The grievant is expected to pay all filing fees and initial costs for both mediation and/or 
                arbitration. In the event of a decision against the grievant reached at any step in the process, the
                grievant is expected to pay all incurred costs. At any time in the process that a decision is made in favor
                of the grievant, the Council will assume responsibility and reimburse for all costs incurred during the
                current Grievance Process as allowable under administrative caps established by the Ryan White 
                HIV/AIDS Treatment Extension Act of 2009.
       b.      In most circumstances, the relief shall be prospective rather than retroactive unless the parties agree 
                that a specific grievance requires retroactive application.
MN Council for HIV/AIDS Care and Prevention
525 Portland Ave S, MCL963
Minneapolis, MN  55415
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