City of New Rochelle, NY Article II Grievance Procedure

[Adopted 9-11-1963 by Ord. No. 250-1963, as amended 11-19-1964 by Ord. No. 284-1964]

§ 52-3 Statutory authority.

Pursuant to the provisions of Article 16 of the General Municipal Law,[1] the following grievance procedures are hereby established for employees of the City of New Rochelle.

[1] Editor's Note: Article 16 of the General Municipal Law, as added by L. 1962, c. 554, was renumbered as Article 15-C by L. 1979, c. 505.

§ 52-4 Definitions.

As used herein, the following terms shall have the following meanings:

DAYS

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 must be taken or notice given within the terms of this article.

DECISION

The ruling, determination or report or disposition made by an immediate supervisor, department head or grievance board after a grievance is heard or submitted as in this article provided.

DEPARTMENT

Any office, department, board, bureau, commission or other agency of the government of the City of New Rochelle.

DEPARTMENT HEAD

That person so designated in the City Charter as the head of a department as defined herein. The Chief of the Police Department shall be considered the department head with reference to grievances in the Police Department, and the Chief of the Fire Department shall be considered the department head with reference to grievances in the Fire Department.[1]

EMPLOYEE

Any person directly employed and compensated by the City of New Rochelle, except persons employed in the legislative or judicial branch thereof.

GRIEVANCE

Any claimed violation, misinterpretation or inequitable application of the existing laws, rules, procedures, regulations, administrative orders or work rules of the City of New Rochelle 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 proceedings 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 official on the next higher level of authority above the employee in the department where the grievance exists and who normally assigns and supervises the employee's work and approves his time record or evaluates his work performance.

[1] Editor's Note: Amended during codification.

§ 52-5 Basic principles.

A. Every employee of this City shall have the right to present his grievance in accordance with the procedures provided herein, free from interferences, coercion, 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.

B. The Civil Service Association shall have the right to represent any member of the Association who is presenting a grievance; if such member desires to be represented by someone other than a designee of the Association, the Civil Service Association shall be notified of the hearing and shall have the right to be present at all stages of the grievance procedure.

§ 52-6 Initial presentation.

A. An employee who claims to have a grievance shall present his grievance to his immediate supervisor, orally, within five days after the grievance occurs.

B. 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.

C. Within two 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.

D. If the immediate supervisor of an employee shall be the department head, the employee shall present his grievance in the first instance to the department head. In such case appeals shall be brought on before the grievance board without proceeding through the second stage as provided in § 52-7 hereof.

§ 52-7 Second stage.

A. If an employee presenting a grievance is not satisfied with the decision made by his immediate supervisor, he may, within five days thereafter, request a review and determination of his grievance by the department head. 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 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 his information concerning the specific nature of the grievance and the facts relating to it.

B. If the review is from a determination of the immediate supervisor, the department head, or his designee, may and at the request of the employee shall hold an informal hearing within five 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.

C. Within two days after the close of the hearing, or within four days after the grievance has been submitted to him if there is no hearing, the department head or his designee shall make his decision in writing and communicate the same to the employee presenting the grievance, and to the employee's representative, if any.

D. If the review is from a determination made by a department head in the first instance and the employee is not satisfied with the decision made by the department head, he may, within 10 days, request a review and determination directly from the Grievance Board as provided in § 52-8 hereof.

§ 52-8 Grievance Board.

A. A Grievance Board of three members to be appointed by and to serve at the pleasure of the City Manager is hereby established to hear appeals from decisions of department heads on grievances, one member to be a civil service employee of the same salary grade as the employee filing the grievance, or if the same is impractical in the opinion of the City Manager, the said member shall be a civil service employee in a grade nearest to the salary grade of the employee filing the grievance.

B. A hearing of any matter before the Grievance Board may be conducted by any one or more members of the board, designated by the board to act on its behalf; provided, however, that the member or members thereof conducting such hearing shall render a report thereon to the full board and the full board shall thereupon make its report.

C. The concurring votes of two members shall be necessary to determine any official report or action of the Grievance Board.

D. Necessary funds, supplies, facilities and personnel to implement the operation of the Grievance Board shall be provided by the Common Council.

E. The Grievance Board may make and amend rules and regulations for the conduct of its proceedings not inconsistent with the provisions of this article. A complete and up-to-date set of such rules and amendments shall be kept on file in the office of the City Clerk.

§ 52-9 Appeals.

A. An employee may appeal from the decision of the department head or of his designee within 10 days after notice of such decision. The appeal shall be taken by submitting to the Grievance Board a written statement signed by the employee taking the appeal and a duplicate copy thereof shall be filed with the department head 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 department of employment if he is 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 designee.

B. The department head or his designee shall submit to the Grievance Board 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 his designee in making his decision. Such written statement shall be submitted to the Grievance Board within two days after notification by said employee.

C. The Grievance Board shall hold a hearing within three days after receiving the written request for review. It shall give at least two days' notice of the time and place of such hearing to the employee, the employee's representative, if any, and the department head or his designee, all of whom shall be entitled to be present at the hearing.

D. The hearing on the appeal may be held in public or private as determined by the Grievance Board.

E. New evidence, testimony or argument, as well as any documents, exhibits or other information submitted to the department head or his designee at the hearing held by him may be introduced at the hearing by the employee, by the department head, or his designee, or upon the request of the Grievance Board.

F. The hearing may be adjourned from time to time by the Grievance 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 not be counted in determining the total days of adjournment as herein limited.

G. The Grievance Board shall not be bound by formal rules of evidence.

H. A written summary shall be kept of each hearing held by the Grievance Board.

I. The Grievance 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 City Clerk and shall at the time send a copy of its report to the employee, the employee's representative, if any, the department head, the City Manager and the Commissioner of Human Resources. The report shall include a statement of the board's findings of fact, conclusion and advisory recommendations.

[Amended 11-20-2018 by Ord. No. 2018-231]

J. The report of the Grievance Board shall be final.

§ 52-10 Waiver or extension of time limits.

The time limitations for proceedings and resolutions of grievance as hereinabove fixed may be waived or extended by mutual agreement of the parties involved.

§ 52-11 Time for discussions and hearings.

All discussions and hearings between an employee, his immediate supervisors, department head and Grievance Board shall, so far as practicable, be conducted during regular working hours.