[Adopted 3-20-1984 by Ord. No. 4880-84]
There is hereby adopted a grievance procedure
intended to provide for the prompt and equitable resolution of complaints
alleging discrimination against handicapped persons (other than complaints
concerning employment) which is hereby designated and shall also be
known as the "grievance procedure for the handicapped."
Any handicapped employee who believes or feels
that he or she is not being treated fairly or in accordance with the
City's personnel policies may file a grievance. This grievance procedure
may also be utilized by any employee who feels that he or she is being
discriminated against on the basis of race, creed, national origin,
sex, age, political or union affiliation or handicap. The grievant
shall have the right to be represented by counsel or spokesman of
his or her choice if he or she so desires.
Such employee(s) shall first present his (their)
grievance(s) informally to his (their) immediate supervisor within
10 days after the facts and circumstances from which the grievance
arose became known to the aggrieved or should have, with reasonable
diligence, become known to such aggrieved employee(s). If at all possible,
resolution of such grievance(s) shall be accomplished at this level
within five days after its presentation, but no later than 10 days
therefrom.
Should the grievance(s) not be resolved at the
aforesaid informal step level, the employee(s) may request a formal
evaluation of his, hers or their grievance(s) by the City Manager.
Employees must make such requests in writing setting forth therein
their allegations in specific terms, the circumstances, events and
conditions surrounding and leading up to and which gave rise to the
grievance(s) and the relief sought. The City Manager shall hear said
grievance(s) within 20 days from the date of filing with his office
of said grievance and decide the same in writing signed by him, setting
forth his findings and conclusions within 10 days from the date of
conclusion of the presentation of all the facts and circumstances
constituting the circumstances which gave rise to the alleged grievance.
A copy of such decision shall be served on the grievant personally
or by mail within five days of the date of decision (unless for good
cause such service cannot be made as soon as reasonably possible).
All grievances shall be heard in the Clifton City Hall at a place
designated by the City Manager.
If the grievance is not resolved to the satisfaction
of the aggrieved, the aggrieved's remedy shall be action with the
Civil Service Commission, the Civil Rights Commission, the Public
Employment Relations Commission, the courts, or such other judicial
or legal remedies which may be available.
An employee(s) proceeding under any other grievance
procedure shall be deemed to have waived his right to proceed under
any other grievance procedure also available to such employee under
any agreement in which the City of Clifton is a party or for which
provision is made by the City of Clifton.
The administrative officer shall have available
in his office to any and all employees discrimination complaint forms
which the grievant shall complete and file with the City Manager's
office.
