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.
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.
EMPLOYEE
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.
TOWN
The Town of Phelps government.
WORKDAYS
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.
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.