Village of Freeport, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Freeport 8-19-1963 by L.L. No. 3-1963. Amendments noted where applicable.]
GENERAL REFERENCES
Personnel benefits — See Ch. 42.

§ 23-1 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 chapter.
DEPARTMENT
Any office, department, board, commission or other agency of the government of the Village of Freeport.
EMPLOYEE
Any person directly employed and compensated by the Village of Freeport, 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 Village of Freeport 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 employees 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.

§ 23-2 Basic principle.

Every employee of the Village of Freeport shall have the right to present his grievance in accordance with the procedures provided herein, shall be 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.

§ 23-3 Initial presentation.

A. 
An employee who claims to have a grievance shall present his grievance orally to his immediate supervisor within two 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 three 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.

§ 23-4 Second stage.

A. 
If any employee presenting a grievance is riot 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 to 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 a written statement of his information concerning the specific nature of the grievance and the facts relating to it to the department head.
B. 
The department head or his nominee 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 his 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 him, if there be no hearing, the department head or his nominee shall make his decision and communicate the same to the employee presenting the grievance and to the employee's representative, if any.

§ 23-5 Third stage; Grievance Board.

A. 
A Grievance Board of three members is hereby established to hear appeals from decisions of department heads on grievances.
B. 
The members of this Board shall be appointed by the Board of Trustees to serve at the pleasure of the Board of Trustees.
C. 
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 if less than the full Board presides at such a hearing, 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.
D. 
Two concurring votes shall be necessary to determine any official report or action of the Grievance Board.
E. 
Necessary funds, supplies, facilities and personnel to implement the operation of the Grievance Board shall be provided by the Board of Trustees.
F. 
The Grievance Board may make and amend rules and regulations for the conduct of its proceedings not inconsistent with the provisions of this chapter. A complete and up-to-date set of rules and amendments shall be kept on file in the Village Clerk's office.

§ 23-6 Appeals to Grievance Board.

A. 
An employee may appeal from the decision of the department head or nominee of the department head within 15 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 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 nominee.
B. 
The Grievance 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 his nominee in making his decision. Such written statement shall be submitted within three days after request by the Grievance Board.
C. 
The Grievance Board shall hold a hearing within 10 days after receiving the written request for a 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 his nominee, all of whom shall be entitled to be present at the hearing.
D. 
The hearing on the appeal may be held in public or in 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 nominee at the hearing held by him may be introduced at the hearing by the employee, by the department head or his nominee 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 adjournments 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 Village Clerk and shall at the same time send a copy of the report to the employee, the employee's representative, if any, the department head, the Board of Trustees 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 of the Grievance Board shall be final.

§ 23-7 Amendments.

This chapter may be amended at any time in accordance with the general procedures and requirements in effect at such time for the amendment of a chapter.