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EMC denies grievance over reprimand, citing insufficient documentation
Summary
The Employee-Management Committee voted 3–1 to deny Grievance #10275 from William Tate (Department of Corrections) after finding the submitted grievance lacked attached reprimand documentation and did not satisfy the burden of proof.
On Aug. 8, 2024, the Employee-Management Committee considered Grievance #10275 filed by William Tate of the Department of Corrections over an oral warning and a written reprimand. Committee members repeatedly noted the grievance packet did not include the written reprimand or supporting documentation needed to verify the claim. "There was nothing presented as only his as-assumption — nothing really has been presented," committee member Ava Case said while discussing evidentiary gaps.
Turessa Russell initially suggested moving the grievance to a hearing limited to whether the oral warning and written reprimand constituted double jeopardy, but the motion to advance the case lost its second and died. Deputy Attorney General Jordan Laub advised that deficient complaints should not be moved to hearing solely to collect missing evidence: "It is inappropriate at the time now to move a deficient complaint to a hearing in order to get more information." Mary Gordon then moved to deny the grievance under NAC 284.695 for failure to prove the asserted act, and the committee approved the motion 3–1, with Russell dissenting.
