(a) At any stage in the processing of a complaint, including
the counseling stage under section 268.104, the complainant shall
have the right to be accompanied, represented, and advised by a representative
of complainant’s choice.
(b) If the complainant is an employee
of the Board, he or she shall have a reasonable amount of official time,
if otherwise on duty, to prepare the complaint and to respond to Board
and EEOC requests for information. If the complainant is an employee
of the Board and he or she designates another employee of the Board
as his or her representative, the representative shall have a reasonable
amount of official time, if otherwise on duty, to prepare the complaint
and respond to Board and EEOC requests for information. The Board
is not obligated to change work schedules, incur overtime wages, or
pay travel expenses to facilitate the choice of a specific representative
or to allow the complainant and representative to confer. The complainant
and the representative, if employed by the Board and otherwise in
a pay status, shall be on official time, regardless of their tour
of duty, when their presence is authorized or required by the Board
or the Commission during the investigation, informal adjustment, or
hearing on the complaint.
(c) In cases where the representation
of a complainant or the Board would conflict with the official or
collateral duties of the representative, the Commission or the Board
may, after giving the representative an opportunity to respond, disqualify
the representative.
8-520
(d) Unless the complainant states otherwise in
writing, after the Board has received written notice of the name,
address, and telephone number of a representative for the complainant,
all official correspondence shall be with the representative with
copies to the complainant. When the complainant designates an attorney
as representative, service of all official correspondence shall be
made on the attorney and the complainant, but time frames for receipt
of material shall be computed from the time of receipt by the attorney.
The complainant must serve all official correspondence on the designated
representative of the Board.
(e) The complainant shall at all
times be responsible for proceeding with the complaint whether or
not he or she has designated a representative.
(f) Witnesses
who are Board employees shall be in a duty status when their presence
is authorized or required by Commission or Board officials in connection
with complaint.
