Complaint Policy

Cultural Agencies
Reference: PL 2003, Chapter 230

1. PURPOSE
   
   A relationship of trust and confidence between employees of the Maine Arts Commission and the communities that they serve is essential to the effective operation of state government. Agency employees must be free to exercise their best judgment in the performance of their duties. Agency employees also have a special obligation to respect the rights of all persons. The Maine Arts Commission acknowledges its responsibility to establish a complaint system and procedures that not only will subject the Maine Arts Commission employees to corrective action when improper conduct has occurred, but that will also protect the Maine Arts Commission employees from unwarranted or spurious criticism when they discharge their duties properly. The purpose of these procedures is to provide prompt, just, and open disposition of complaints regarding the conduct of the Maine Arts Commission employees.
   
   It is the policy of the Maine Arts Commission to encourage the public to encourage the public to comment when the conduct of the employee is believed to be improper. The Maine Arts Commission will make every effort to ensure that no adverse consequences occur to any person or witness as a result of having brought a complaint or for providing information concerning a complaint. Any Maine Arts Commission employee who subjects a complainant or witness to such recrimination will be subject to appropriate disciplinary action.
   
   
2. PROCEDURE
   
   
   1. The Maine Arts Commission encourages the public to bring forward legitimate complaints regarding misconduct by its employees. To this end, a copy of "HOW TO FILE A PERSONNEL COMPLAINT" will be posted at agency worksites and on agency websites and will be given to anyone requesting this information. Complaints, regardless of nature, can be lodged in person, my mail, or by telephone.
      
      
   2. Any employee of the Maine Arts Commission who receives a complaint from an agency employee shall, as soon as practicable, notify Donna McNeil, Assistant Director, of the details of the complaint for evaluation and assignment.
      
      
   3. Upon receipt of a complaint, Donna McNeil, Assistant Director, shall determine whether the complaint should be investigated and by whom. Complaints of criminal conduct should be forwarded to the Bureau of Employee Relations to ensure cooperation with appropriate law enforcement authorities.
      
      
   4. Investigations of complains shall be completed within a reasonable time.
      
      
   5. It is the responsibility of the investigator to thoroughly and confidentially investigate the matter and, when appropriate, to submit a complete and accurate investigation report. In the event a report is warranted, all relevant information obtained by the investigator shall be included.
      
      
   6. All investigations shall comply with the provisions of the applicable collective bargaining agreement.
      
      
3. REPORT
   
   
   1. When applicable, the report shall include a summary of interviews with the complainant, synopsis, finding(s) of fact, chronology of the investigation, and documentation of compliance with the employee's contractual rights.
      
      
   2. Recommendations regarding the disposition of an investigation or discipline generally are not included in the investigation report. Such recommendations should only be included in consultation with the appointing authority.
      
      
4. NOTIFICATION TO THE COMPLAINANT
   
   
   1. Upon final disposition, the complainant will be notified of the outcome of the investigation to the extent permitted by civil service and agency confidentiality laws.
      
      
5. ADMINISTRATIVE RESPONSIBILITIES
   
   
   1. Donna McNeil, Assistant Director, shall ensure that:
      
      
      • All citizen complaint records and investigations remain confidential as allowed or required by statute.
        
        
      • Each complaint and corresponding investigation is documented.
        
        
      • An annual summary report is prepared for the agency head that includes statistical date that will aid in identifying the possible need for training, supervision, or other pertinent issues.

As of September 15, 2003