[HISTORY: Adopted by the Town Board of the Town of Fenton 7-11-1990
as L.L. No. 1-1990. Amendments noted where applicable.]
In order to establish a more harmonious and cooperative relationship
between the Town of Fenton and its employees, this grievance procedure has
been adopted pursuant to Article 15-C of the General Municipal Law, and it
is hereby declared to be the purpose of this procedure to provide by law for
the settlement of certain differences between the town and its employees through
procedures under which the employees may present grievances, free from coercion,
interference, restraint, discrimination or reprisal. The provisions of this
grievance procedure shall be liberally construed for the accomplishment of
this purpose.
As used in this chapter, the following terms shall have the meanings
indicated:
Any claimed violation, misinterpretation or inequitable application
of the existing laws, rules, procedures, regulations, administrative orders
or work rules of the town or a department or agency 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 or retirement benefits or any other matter which is otherwise
reviewable pursuant to law or a rule or regulation having the force and effect
of law.
Any person directly employed and compensated by the town, except
elected officials, and any person employed in a confidential capacity by an
elected official.[1]
Any person, regardless of title, who is assigned to exercise any
level of supervisory responsibility over public employees.
The Town of Fenton, Broome County, New York.
A.
Every public employee shall have the right to present
grievances to the town in accordance with the provisions of this section,
free from interference, coercion, restraint, discrimination or reprisal.
B.
Every employee proceeding under this grievance procedure
shall have the right to be represented by a person or persons of his or her
choosing at all stages hereof; provided, however, that this section shall
not be construed to permit the unauthorized practice of law by any person.
C.
It shall be a fundamental responsibility of executives
at all levels, commensurate with the authority delegated to them by their
superiors, promptly to consider and take appropriate action upon grievances
presented to them by employees under their supervision.
If any dispute arises between the town and one or more of its employees
as to any unadjusted grievance, both parties shall endeavor to settle such
matter in the simplest and most direct manner. Both parties shall adhere to
the time limits provided in each step of the grievance procedure. The procedure,
unless waived or modified by mutual consent, shall be as follows:
A.
Within 15 days of the occurrence of the grievance, the
employee shall present the grievance to his or her immediate superior who
shall, to such extent as he may deem appropriate, consult with the head of
the department or agency. The discussion and resolution of grievances at the
first stage shall be on an informal basis. If the grievance is not satisfactorily
resolved at the first stage, the employee may proceed to the second stage.
B.
Within a further period of 18 calendar days after the
written grievance has been submitted to his superior, the aggrieved employee
shall request a review and determination of his grievance by the head of the
appropriate town department or agency. In such case, the aggrieved employee
and his immediate superior shall each submit their respective cases in writing
to the head of the department or agency. The department head shall, at the
request of the employee, hold an informal hearing at which the employee and
his representative may appear and present oral and written statements or arguments.
The final determination of the second stage of such grievance proceeding shall
be made by the department or agency head or his appointed designee.
A.
The Town Supervisor may appoint a Public Employees Grievance
Board consisting of not less than three members each, who shall serve at his
pleasure. The jurisdiction of such Board shall be limited to grievances of
employees of the town. In the absence of the appointment of such a Board,
the Town Board shall constitute the Public Employees Grievance Board.
B.
Each employee shall be entitled to legal representation
of his choosing in the appeal of his grievance.
C.
Within 20 days after the final determination made at
the second stage of the grievance procedure, the employee may appeal to his
Public Employees Grievance Board from a determination by the head of the department
or agency made in accordance with the provisions of this grievance procedure.
D.
Within 30 days after the filing of such notice of appeal
with the Public Employees Grievance Board, the Board shall, as soon as practicable,
schedule the matter for a hearing. The hearing may be conducted by any one
or more of its members designated to act on its behalf; provided, however,
that if less than the full Board conducts the hearing, the member or members
thereof in attendance shall render their findings to the full Board which
shall issue its report after consideration of such findings.
E.
The report of the Board shall contain a statement of
the Board's findings of fact, conclusions and advisory recommendations.
The Board shall send a copy of its report to each employee involved, his representative,
if any, the head of the department or agency involved and to the Town Supervisor.
