[HISTORY: Adopted by the City Council of the City of Glen Cove 8-25-1981 by L.L. No. 1-1981 as Ch. 5 of the 1981 Code. Amendments noted where applicable.]
There is hereby established as an adjunct to the office of the Mayor, a board, to be known as the Grievance Board, which shall consist of three members to be appointed by and to serve at the pleasure of the Mayor with the approval of the City Council and to serve without compensation. One of such members shall be designated Chair by the Mayor.
The Grievance Board, as established herein, is charged with the responsibility of carrying out the standards, principles and procedures of the grievance procedure as herein set forth, and is hereby empowered as follows:
Program. To establish and maintain a program for resolving employee grievances relating to conditions of employment in the city government.
Regulations, procedures pursuant thereto. To promulgate such regulations as may be desirable and necessary to carry out the provisions of this chapter and to review and approve formal grievance procedures established by departments, boards, agencies and commissions of the city government pursuant to this chapter and pursuant to any such regulations.
Hearings, investigations. To hold hearings, to conduct investigations, to appoint fact-finding or advisory committees, as witnesses, and to require the production or examination of records, books and papers of departments, boards, agencies or commissions of the city relating to matters before the Board; provided, however, that records required by law to be confidential shall not be subject to being produced.
Report to Mayor. To report to the Mayor, for such actions as the Mayor may deem necessary, the failure of any department, board, commission or agency to establish properly or maintain satisfactorily the standards, principles, determinations and procedures embodied in, or authorized by, this chapter.
Information to employees. To the best extent possible to see that all employees are fully informed of their rights under the grievance procedure established herein.
Advice, assistance to officers, employees. To render advice and assistance to employees and to administrative officers of the various departments, boards, agencies and commissions of the city government in any manner relating to the establishment or use of the procedures provided for or adopted pursuant to this chapter.
In order to establish a more harmonious and cooperative relationship between the city and its employees, it is hereby declared to be the policy of the administration of the city and the purpose of this Article to provide for the settlement of employment differences through the means of an orderly grievance procedure.
Every employee of the city shall have the right to present his or her grievances in accordance with the procedures described herein, with or without a representative of his or her own choice, free from interference, coercion, restraint, discrimination and reprisal. There shall be no discrimination against any employee because such employee has formed, joined or chosen to be represented by any other employee, organization or representative of his or her own choosing, whether an individual or association.
It is a fundamental responsibility of supervisors or those in charge, at all levels, to consider and, commensurate with the authority delegated by the head of the city department, board, agency or commission, to take appropriate action promptly and fairly upon the grievances of their subordinates. To this end appropriate authority shall be delegated to supervisors and those in charge of the various employees by heads of the city department, boards, agencies and commissions.
The head of each department, board, agency or commission shall be responsible for carrying out the provisions of this chapter and the regulations prescribed herein and maintaining the standards herein prescribed.
The informal resolution of differences prior to initiation of action under the formal grievance procedure is encouraged, and the heads of departments, boards, agencies or commissions of the city government, or their designated representatives, shall make themselves available at appropriate times for the purpose of discussing possible informal disposition of grievances as much as possible.
The head of each department, board, agency or commission of the city shall, subject to the approval of the Grievance Board, establish formal procedures for the submission of the grievances by employees and for the prompt and orderly consideration and determination of such grievances by supervisors of the various departments, boards, agencies and commissions of the city government, or the heads thereof. Whenever practicable, with due consideration to the organization, size and geographical spread of the department, board, agency or commission, the procedures for each such department, board, agency or commission shall provide for no more than two procedural stages as follows:
First stage. The first stage shall consist of the employee's presentation of his or her grievance to his or her immediate supervisor who shall, to the extent necessary or appropriate, consult with and permit the employee to consult with any of his or her higher ranking supervisors in direct line below the level of the department, board, agency or commission head, or the designated representative thereof. The discussion and resolution of grievances in the first stage shall be on an oral basis. Group grievances should be presented in the first instances to the lowest ranking supervisor common to all employees in the group.
Final departmental stage. The final departmental stage shall be the determination of the grievance by the department, board, agency or commission head or, at the election of such head, by a duly designated representative with full responsibility for the determination of grievances in the final departmental stage. If a grievance is not satisfactorily settled at the lower stage, the employee may request a review and determination thereof by the head of the department, board, agency or commission, or the designated representative thereof. In such case, the specific nature of the grievance, or the facts relating thereto, shall be reduced to writing, jointly or separately, by the employee and by the appropriate supervisors. The head of the department, board, agency or commission, or the designated representative thereof, shall, at the request of the employee, hold an informal hearing at which the employee and his or her representative may appear and present oral statements or arguments. There may be designated one or more officers or employees of the department, board, agency or commission to conduct such informal hearing and to submit a report thereon with recommendations. The final determination of such grievance shall be made by the head of the department, board, agency or commission, or the designated representative thereof.
Intermediate stages. Whenever it is not practicable to limit departmental, board, agency or commission procedures to two stages, such additional intermediate stages, as may be necessary, shall be established, subject to the approval of the Grievance Board.
An employee shall be entitled to a representative of his or her own choosing in the presentation and processing of a grievance at all stages of the grievance procedure.
The formal procedures established by each department, board, agency or commission shall specify time limitations for the processing of grievances at each stage in order to ensure prompt consideration and determination of employee grievances.
An employee and his or her representative, if such representative is another city employee, shall be allowed such time off from their regular duties as shall be necessary and reasonable for the processing of a grievance under the procedures adopted pursuant to this chapter without loss of pay, vacation or other time credits as they may be entitled to by law.
Right to appeal. An employee, within a time limit and upon compliance with the regulations of the Grievance Board, may appeal to the Board from a determination of the head of his or her department, board, agency or commission, or the designated representative thereof, as the case may be, pursuant to this chapter.
Hearing. Such employee shall be granted a hearing on such appeal before the Grievance Board, at which he or she shall be entitled to a representative of his or her own choosing, except that, with the consent of the employee, such hearing may be conducted by one or more members of the Board instead of the full Board.
Action by Board. If the appeal involves the enforcement of a law, civil service rule or regulation or a written rule, regulation or order of a department, board, agency or commission, the findings of fact and the recommendations of the Board shall be transmitted to the department, board, agency or commission involved for appropriate action in accordance with the facts found by the Grievance Board. In all other cases, the determination of the Board shall contain a statement of the facts and an advisory recommendation to the department, board, agency or commission involved. Copies of the determination of the Board shall be sent to the employee, to his or her representative and to the Mayor.
The provisions of this chapter and the procedures established hereunder shall be applicable to any department, board, agency or commission to conditions which are, in whole or in part, subject to the control of the head of such department, board, agency or commission and which involve alleged safety or health hazards, unsatisfactory physical facilities, surroundings, materials or equipment, unfair or discriminatory supervisory or disciplinary practices, unjust treatment by fellow workers, unreasonable assignments or working hours or personal time allowances, unfair or unreasonable work quotas and all other grievances relating to conditions of employment; provided, however, that this chapter shall not apply to matters which are reviewable under administrative procedures established by law or under the rules of the Civil Service Commission, or the rules of other departments, boards, agencies or commissions having the force and effect of law; and, provided, further, that the Mayor, by order, may exempt any department, board, agency or commission of the city government to which the application of the grievance procedure herein may not, in the judgment of the Mayor, be practicable.