[HISTORY: Adopted by the Town Board of the Town of Southold as indicated in article histories. Amendments noted where applicable.]
Article I Grievance Procedures
As used herein, the following terms shall have the following meanings:
- All days other than Saturdays, Sundays and legal holidays; Saturdays, Sundays and legal holidays shall be excluded in computing the number of days within which action may be taken or notice given within the terms of this article.
- Any office, department, board or other agency of the government of the Town of Southold.
- Any person directly employed and compensated by the Town of Southold, except elected or appointed officers and persons employed in the legislative or judicial branch thereof.
- Any claimed violation, misinterpretation or alleged inequitable application of any existing laws or duly established rules, procedures, regulations, administrative orders or work rules of the Town of Southold 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 reviewable pursuant to law or any rule or regulation having the force and effect of law.
- IMMEDIATE SUPERVISOR
- 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 time record or evaluates his work performance.
Every employee of this Town shall have the right to present his grievance in accordance with the procedure provided herein, free from interference, coercion, restraint, discrimination or reprisal, and shall have the right to be represented by a person of his own choosing at all stages of the grievance procedure.
An employee who claims to have a grievance shall present his grievance to his immediate supervisor, orally, within two days after the grievance occurs.
The immediate supervisor shall discuss the grievance with the employee, shall make such investigation as he deems appropriate and shall consult with his superiors to such extent as he deems appropriate, all on an informal basis.
Within five days after presentation of the grievance to him, the immediate supervisor shall make his decision and communicate the same to the employee presenting the grievance and to the employee's representative, if any.
If an employee presenting a grievance is not satisfied with the decision made by his immediate supervisor, he may, within 10 days thereafter, request a review and determination concerning his grievance by the Town Board. Such request shall be in writing and shall contain a statement of the specific nature of the grievance and the facts relating to it. Such request shall be served upon both the Town Board and the immediate supervisor to whom the grievance was originally presented. Thereupon, within five days after receiving such request, the immediate supervisor shall submit to the Town Board a written statement of his information concerning the specific nature of the grievance and the facts relating to it.
The Town Board may, and at the request of the employee shall, hold a hearing within 10 days after receiving the written request and statement from the employee. The employee and his representative, if any, may appear at the hearing and present oral statements or arguments.
Within 10 days after the close of the hearing, or within 14 days after the grievance has been submitted to it if there is no hearing, the Town Board shall make its decision and communicate the same to the employee presenting the grievance and to the employee's representative, if any. Such decision shall be final.