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> Personnel Complaints Policy
Behavioral Health03-AP-21 Effective: December 18, 2003 Personnel Complaints PolicyA. PurposeService in the public sector requires that a relationship of trust and confidence exist among State employees and the public. Department of Behavioral and Developmental Services employees are expected to exercise their best judgment in the performance of their duties while treating all persons with whom they interact in an honest, respectful, and civil manner. In addition to establishing standards of professional conduct for Department staff, the Department acknowledges an obligation to review performance brought into question by members of the public and to take appropriate corrective action when appropriate. The purpose of this policy is to establish a standardized complaints reporting and tracking procedure to be utilized when members of the public wish to file a complaint concerning the conduct or job performance of a Department employee. BDS will make every effort to ensure that no adverse consequence occurs to any person filing a formal complaint or any person who provides information that portrays Department staff unfavorably. Any BDS employee who subjects a complainant or person who provides such information to such recrimination will be subject to appropriate disciplinary action. Investigative policies regarding patient abuse, mistreatment, neglect or exploitation and established grievance procedures related to services delivery to consumers and/or their families remain in full force and are unaffected by this policy. B. PolicyPursuant to 5 MRSA §7036(28), the Department of Behavioral and Developmental services establishes this procedure to investigate complaints made by members of the public about Department employees. C. Procedure1. BDS supports the right of any member of the public to bring forward legitimate complaints concerning allegations of employee misconduct. To this end, a copy of the document “HOW TO FILE A PERSONNEL COMPLAINT” will be posted at all agency locations and on the BDS website. A copy of this document is incorporated into this policy as Attachment #1 and will be provided to anyone requesting this information. Complaints can be filed electronically, in person, by mail, or by telephone. Anonymous complaints will not generally be accepted. 2. Any BDS supervisor or manager who receives a verbal or written complaint from a member of the public regarding the malfeasance or misfeasance of another Department staff person shall document the complaint in detail. The written complaint will be forwarded to the Facility/Regional Director or Associate Commissioner as appropriate. The complaint will be entered into the Department’s database maintained for this purpose. 3. The Facility/Regional Director or Associate Commissioner in consultation with other appropriate BDS supervisors and managers shall determine the appropriate disposition of the complaint including whether the complaint should be investigated. If after consultation the complaint appears to warrant an investigation, the Director, Human Resources shall assign a(n) investigator(s). The Bureau of Employee Relations will be consulted on potential criminal conduct to ensure appropriate collaboration and coordination with law enforcement authorities. 4. Investigations of complaints shall be completed within a reasonable time with written reports submitted as appropriate.
5. Appropriate entries will be made to the Department’s database at the conclusion of the investigation and/or final agency action. The data will be available to the Office of Quality Improvement for data analysis and quality improvement purposes. D. Report1. When a report is written, it shall include a chronology of the investigation, a summary of interviews conducted, findings of fact, and documentation that employee’s contractual rights have been observed. E. Notification To The Complainant 1. The complainant will be notified of the outcome of the review or investigation in accordance with civil service and BDS confidentiality laws. F. Administrative Responsibilities
May 5, 2004 ______________________________________
Attachment #1 Behavioral Health Services How To File a Personnel Complaint
If you wish to file a complaint concerning the conduct or actions of a member of BDS please: Ask to speak with any Behavioral Health supervisor or manager and inform that individual you wish to file a personnel complaint. The Behavioral Health supervisor or manager will document your concerns and forward your complaint in written form to the appropriate Facility/Regional Director or Associate Commissioner. You may also initiate a complaint in person, by telephone, or FAX at the Behavioral Health locations indicated below. Written complaints may also be initiated at the Behavioral Health Services, State House Station 40, Augusta, Maine 04330 Attn: Commissioner’s Office or the Director, Human Resources. Complaints should contain your name, address, and telephone number along with the specifics of your complaint. Aroostook Residential Center Riverview Psychiatric Center (Formerly AMHI) Dorothea Dix Psychiatric Center (Formerly BMHI) Elizabeth LevinsonCenter BH– Central Office Region I Portland Region II Augusta Lewiston Thomaston Region III Bangor Presque Isle FortKent Houlton Van Buren Office Machias Office You will be notified when the investigation is completed and informed of the final disposition of the matter, within the limits of confidentiality statutes.
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