[HISTORY: Adopted by the Town Board of the Town of Phelps 7-12-1993. Amendments noted where applicable.]
It is the policy of the Town of Phelps that sexual harassment and national origin harassment are unacceptable conduct in the workplace and will not be tolerated.
The Town of Phelps will establish a discrimination grievance procedure that will be available at the Town Clerk's office. In conclusion, sexual harassment and national origin harassment are discrimination and are prohibited in the workplace. An employee who feels he/she or she has been subjected to discrimination may use the Town of Phelps Discrimination Grievance Procedure.
It is the intent of this procedure to promote and provide for a mutually satisfactory procedure for the peaceful settlement of discrimination grievances from any Town of Phelps employee.
The primary goal of the Town of Phelps Affirmative Action Plan is to ensure equality of employment opportunity to all people without regard to race, creed, color, national origin, sex, religion, age, disability, marital status or arrest record. In order to make this guaranty, the Town Supervisor or designee reviews all personnel policies, practices and procedures in order to correct any deficiencies in the employment system which may have an inhibiting effect in achieving equal employment opportunity for all employees and applicants. Each department within the town shall be evaluated in order to develop and implement affirmative action steps to meet and overcome any artificial barriers and obstacles to the employment of minorities, women and the disabled, the aged and other disadvantaged persons.
A further goal of the Town of Phelps Affirmative Action Program is to maintain a sex, racial and ethnic balance in town employment.
As used herein, the following terms shall be defined as follows:
- AUTHORIZED DESIGNEE
- The person so designated by the department head within his or her department, institution, division, bureau and/or other administrative unit for the purpose of handling grievances.
- DEPARTMENT HEAD
- The person so designated pursuant to Charter, local law, administrative rules and/or Code or by resolution of the Town Board of the Town of Phelps as the head of a department.
- DISCRIMINATION GRIEVANCE
- A claimed violation in terms of conditions of employment of any nondiscrimination law and/or regulation to which the town is subject, the prohibitions of which include, but are not necessarily limited to, unlawful discrimination based upon race, religion, creed, color, national origin, sex, age, disability, marital status or arrest record.
- Any person employed by the Town of Phelps.
- IMMEDIATE SUPERVISOR
- That person of the next higher level of authority, regardless of title, who normally assigns, supervises, evaluates and approves the employee's work. The town may designate the "immediate supervisor" in a particular department if it so desires.
- The Town of Phelps government.
- All days other than Saturday, Sunday or legal holidays as celebrated by the town. Saturdays, Sundays and legal holidays shall be excluded in computing the number of legal days in which action must be taken in any step of the grievance procedure.
Every employee shall have the right to present his or her grievance to the town free from interference, coercion, restraint, discrimination or reprisal.
The time limits set forth in this procedure are of the essence. They may, however, be extended by mutual written agreement between the grievant and the Town Supervisor. Failure by the grievant to proceed within the time limit set forth shall terminate the grievance at that step. Failure by the town to answer within the time limit set forth will advance the grievance to the immediate next step of the procedure, upon written notice to the employer representative at the next step of the grievance procedure.
An employee may pursue a grievance through the Town of Phelps grievance procedure only as a discrimination grievance. The employee may choose only one type of grievance in which to pursue the complaint. Each specific and separate grievance filed may not be initiated more than once through the town grievance procedure.
This procedure and its use does not supersede or interfere with the right of employees to file complaints with the Human Rights Commission, New York State Division of Human Rights, Equal Employment Opportunity Commission, the United States Department of Labor or any other agency, nor does its use extend or change the time limits established by these agencies for the filing of complaints.
Any grievance under this procedure between any employee and the town shall be initiated in the first instance by the employee(s) involved with the local or immediate supervisor. A grievance submitted in writing shall be answered in writing within five workdays from the time the grievance was received by the supervisor.
A grievance shall not be initiated later than 10 workdays after the grievant becomes aware of the event constituting the alleged grievance. Such limitation can be raised at any step throughout the grievance procedure.
In the event that the grievance is not adjusted under Step 1, the aggrieved employee may request, in writing, within five working days from the date of the answer in Step 1, a review of the alleged grievance with the department head or his or her authorized designee.
The department head or his or her authorized designee shall, within five working days following said request, schedule a review of the matter, at which time the aggrieved may appear and present oral and written statements, and thereafter, the department head shall answer, in writing, within 10 working days from the date of the hearing.
Step 3. In the event that the grievance is not adjusted under Step 2, the aggrieved employee may notify the Town Supervisor within 10 working days from the date of the Step 2 answer. Thereafter, the Town Supervisor or an authorized designee shall schedule and conduct a meeting within 10 working days after the notification from Step 2, to be attended by the aggrieved employee and the Town Supervisor or an authorized designee. Within 10 working days after the conclusion of the Step 3 meeting, the Town Supervisor or an authorized designee shall render a decision, in writing, to resolve the matter.
This Affirmative Action Plan and its component provisions are subject to any present or future federal or New York laws and regulations. If any federal or New York law or regulation or the final decisions of any federal or New York court or administrative agency affects any provision of this plan, each such provision will be termed amended to the extent necessary to comply with such law, regulation or decision, but otherwise, this plan will not be affected until revision.