As used in this article, the following terms shall have the
meanings indicated:
All days other than Saturdays, Sundays and legal holidays.
Saturdays, Sundays and legal holidays shall be excluded in computing
the number of days within when action must be taken or notice given
within the terms of this policy.
Any office, department, board, commission or other agency
of the government of the Town of Wawayanda.
Any person directly employed and compensated by the Town
of Wawayanda.
Any claimed violation, misunderstanding or inequitable application
of the existing laws, rules, procedures, regulations, administrative
orders or work rules of the Town of Wawayanda or a department thereof
which relate to or involve employee health or safety, physical facilities,
materials or equipment furnished to employees or supervision of employees;
provided, however, that such term shall not include any matter involving
an employee's rate of compensation, retirement benefits, disciplinary
proceeding or any other matter which is otherwise revisable pursuant
to law or any rule or regulation having the force or effect of law.
The employee or officer on the next higher level of authority
above the employee in the department wherein the grievance exists
and who normally assigns and supervises the employee's work and approves
his or her time record or evaluates work performance.
Every employee of this Town shall have the right to present
grievances in accordance with the procedures provided herein, free
from interference, coercion, restraint, discrimination or reprisal
and shall have the right to be represented by a person of his or her
own choosing at all stages of the grievance procedure.
A.
An employee who claims to have a grievance shall present a written
report to his or her immediate supervisor within two days after the
grievance occurs.
B.
The immediate supervisor shall discuss the grievance with the employee
and make such investigation as he or she deems appropriate and shall
consult with superiors to such an extent as deemed appropriate, all
on an informal basis.
C.
Within three days after presentation of the grievance to the immediate
supervisor, he or she shall render a decision in writing to the same
employee presenting the grievance and to the employee's representative,
if any.
A.
If an employee presenting a grievance is not satisfied with the decision
made by the immediate supervisor, he or she may, within five days
thereafter, request a review and determination by the department head.
Such request shall be in writing and contain a statement of the specific
nature of the grievance and the facts relating to it. Such requests
shall be served upon both the department head and the immediate supervisor
to whom the grievance was originally presented. Thereupon, and within
two days after receiving such request, the immediate supervisor shall
submit to the department head a written statement of their information
concerning the specific nature of the grievance and the facts relating
to it.
B.
The department head, or his or her designee, may, and at the request
of the employee shall, hold a hearing within five days after receiving
the written request and statement from the employee. The employee,
and representative, if any, may appear at the hearing and present
oral statements or arguments.
C.
Within five days after the close of the hearing, or within eight
days after the grievance has been submitted to the department head,
if no hearing is held, the department head, or designee, shall render
a decision and communicate the same to the employee presenting the
grievance and to the employee's representative, if any.
A.
The Town Board will hear appeals from decisions of department heads
on grievances.
B.
A majority vote shall be necessary to determine any official report
or action of the Town Board on grievance actions.
C.
The Town Board may allocate funds as necessary to hear the appeals
of grievances.
D.
The Town Board may make and amend rules and regulations for the conduct
of its proceedings not inconsistent with the provisions of this policy.
A complete and up-to-date set of such rules and amendments shall be
kept on file in the Town Clerk's office.
A.
An employee may appeal from the decision of the department head,
or designee of the department head, within 15 days after the notice
of such decision. The appeal shall be taken by submitting to the Town
Board a written statement signed by the employee taking the appeal,
containing:
(1)
The name, residence address and department of employment of the employee
presenting the grievance.
(2)
The name, residence address and department of employment of each
other employee or official involved in the grievance.
(3)
The name and address of the employee's representative, if any, and
his or her department of employment if a fellow employee.
(4)
A concise statement of the nature of the grievance, the facts relating
to it and the proceedings and decisions on the grievance up to the
time of the appeal.
(5)
A request for a review of the decision of the department head or
his or her designee.
B.
The Town Board may request the department head to submit a written
statement of facts, including a summary of the record of the hearing,
if there was a hearing, and the original or a true copy of any other
record or document used by the department head or designee in making
a decision. Such written statement shall be submitted within three
days after the request by the Town Board.
C.
The Town Board shall hold a hearing within 10 days after receiving
the written request for review. It shall give at least three days'
notice of the time and place of such hearing to the employee, the
employee's representative, if any, and the department head or designee,
all of whom shall be entitled to be present at the hearing.
D.
The hearing on the appeal shall be held in private, as public disclosure
may result in lack of candidness and/or breach in confidential personnel
concerns.
E.
New evidence, testimony or argument, as well as any documents, exhibits
or other information submitted to the department head or designee
at the hearing held by the department head, may be introduced at the
hearing by the employee, the department head or designee or upon the
request of the Town Board.
F.
The hearing may be adjourned from time to time by the Town Board
if, in its judgment, such adjournment is necessary in order to obtain
material evidence. The total of all such adjournments, however, shall
not exceed 10 days, except that adjournments consented to by both
the employee and the department head shall both be counted in determining
the total days of adjournments as herein limited.
G.
The Town Board shall not be bound by formal rules of evidence.
H.
A written summary shall be kept of each hearing held by the Town
Board.
I.
The Town Board shall make its report in writing within five days
after the close of the hearing. It shall immediately file its report
and the written summary of the proceedings with the Town Clerk and
shall at the same time send a copy of its report to the employee,
the employee's representative, if any, the department head and the
local Civil Service Commission, if appropriate. The report shall include
a statement of the Board's findings of fact, conclusions and advisory
recommendations.
J.
The report and decision of the Town Board will be final.
