[Code 1964, § 9-43]
The following words, terms and phrases, when used in this division,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The respondent's explanation of the subject matter of
a complaint.
The bureau of fire.
The chairperson of the grievance committee.
The chief of the bureau of fire.
The commissioner of the department of public safety.
The grievance committee.
The member originating a grievance.
The written allegations constituting a grievance.
The written disposition or adjudication of a grievance.
The City of Utica, office of the mayor.
A claimed violation, misinterpretation or inequitable application
of existing rules, procedures, regulations or laws applicable to any
member. "Grievance" shall not refer to or include rates of pay, retirement
allowances, administrative matters or any matter specially treated
by law or any matter which is reviewable pursuant to law or rule or
regulation having the force and effect of law.
The individual to whom a complaint is referred for investigation.
Any member of the bureau of fire or any member of the committee.
The report of the investigator.
The member against whom a grievance is asserted.
[Code 1964, § 9-42(a)]
The grievance procedure established in this division is designed
to achieve a more harmonious and cooperative relationship among the
members, superiors and administrative heads of the bureau of fire.
This will increase member morale and thereby achieve a greater sense
of responsibility of the members. Consequently, this will increase
the quality of services being provided to the public.
[Code 1964, § 9-41]
(a)
In order to provide for the orderly presentation, processing,
adjustment, adjudication and review of grievances that might arise
in connection with employment as a member of the bureau of fire, the
grievance procedures as set forth in this division are adopted.
(b)
In order to ensure a member of having the full facts of the
case in the member's possession at all times if the member might
wish to present a grievance, the following procedures must be complied
with by all members of the bureau, regardless of rank or title:
(1)
Any general order issued within the bureau must be issued either
in a written form and signed and dated by the member so issuing the
order or, through regular bureau channels, by the telephone, with
the order being recorded in all bureau log books.
(c)
Every member of the bureau shall have the right to present a
grievance in accordance with the procedures provided, free from coercion,
interference, restraint or reprisal; and the member shall have the
right to have counsel and/or a member of the duly designated representative
of the bureau appear with the member at any and all proceedings.
(d)
Grievances must be submitted by the aggrieved member in writing.
(e)
The informal resolution of grievances is urged and encouraged
at all stages of a proceeding. The continuance of personal discussions
within the bureau for a solution is encouraged. It is recommended
that all other means of adjusting grievances be attempted and exhausted
before bringing a complaint to the committee.
(f)
If, within two days of a grievance being submitted by a member
to the chief of the bureau, no action has been taken or the member
may still feel aggrieved, the member may request that the chief turn
the matter over to the commissioner of public safety for review and
determination by the commissioner.
(g)
In any event, if at the end of one week no action has been taken
as a final determination of satisfaction to the aggrieved member,
the member may appeal to the public employee grievance committee.
The member may also appeal to the grievance committee if a determination
from the chief and/or the commissioner is unsatisfactory.
(h)
This grievance procedure is intended and designed to operate
within the framework of and not intended to abolish or supersede existing
laws, rules and procedures providing for any additional methods of
redress.
(j)
Use of the committee procedure is voluntary and permits a member
to go directly to the committee with a grievance as of right.
(k)
Nothing contained in the provisions of this section shall be
construed as abrogating or diminishing the public duty and responsibility
of the members to obey and carry out promptly and with dedication
the provisions of all lawful orders and instructions. The safety and
welfare of the public shall be paramount.
[Code 1964, § 9-44]
[Code 1964, § 9-49]
Rules for the conduct of proceedings and hearings of the grievance
committee established in this division shall be made and adopted by
the committee. Copies shall be furnished the government and the members
involved in any proceedings.
[Code 1964, § 9-47]
(a)
The grievance committee established in this division shall meet
upon appointment and establish rules and regulations they will use.
Thereafter, meetings shall be called by the chairperson upon need.
(b)
A majority vote of the entire committee shall determine all
matters.
(c)
The proceedings of the committee shall be confidential and shall
not be disclosed except to the chairperson, committee members, personnel,
members of the government and the parties to the grievances.
(d)
Nothing contained in this section shall prevent the government
from making public the decisions of the committee as filed.
[Code 1964, §§ 9-42(b), (c), 9-45]
(a)
The grievance committee established in this division may receive
and act upon grievances from any member of the bureau, regardless
of rank or title.
(b)
The grievance committee may investigate, adjust and adjudicate
grievances.
(c)
The committee shall promptly consider grievances presented to
it.
(d)
The committee report shall contain a statement of its findings
of fact, conclusions and advisory recommendations. It shall send a
copy of its report to each member involved, to the member's representatives,
if any, to the chief of the bureau, to the commissioner of public
safety and to the mayor.
(e)
The merits of grievances shall be considered objectively with
due consideration to the harmonious interrelationship that is sought
among members for the good, welfare and safety of all.
(f)
The committee shall have no power to discipline, to determine
bureau policy or administration matters or to consider matters involving
salaries.
(g)
This committee shall have no power to receive and act upon any
grievances or complaints on the part of the public.
[Code 1964, § 9-46]
The city shall provide a suitable meeting place for the grievance
committee established in this division and shall also provide necessary
secretarial, stenographic and investigative assistance to the chairperson
and the committee. All necessary forms for the filing of grievances
and other papers required for the proper functioning of the committee
shall be supplied by the city to the committee and the parties to
a grievance.
[Code 1964, § 9-48]
(a)
A grievance of any member of the bureau of fire shall be processed
according to the method provided in this section.
(b)
A member who feels aggrieved may present the grievance to the
committee. The member shall reduce the grievance to writing in the
form of a complaint setting forth the details and attach copies of
written actions, if any, taken against the member by the member's
superior officer.
(c)
The complaint shall set forth all of the following:
(d)
The complaint shall be signed by the complainant and filed with
the chairperson of the grievance committee.
(e)
When the complaint contains incomplete information, the chairperson
or the committee shall promptly seek needed information from the complainant.
If the information is not furnished within a reasonable length of
time and within the time limited by the chairperson or the committee,
the case may be closed without further proceedings.
(f)
A copy of the complaint setting forth the grievance shall be
forwarded to the respondent.
(g)
The chairperson may require the respondent to serve an answer
to the complaint which shall be in writing, signed by the respondent
and filed with the chairperson within a reasonable length of time
specified by the chairperson. A copy of the answer shall be furnished
the complainant.
(h)
The chairperson may refer a grievance for investigation, if
that action is deemed necessary, and shall refer the same action if
recommended by the committee.
(i)
The investigator shall make a preliminary investigation of the
facts stated in the complaint and answer, and the investigator shall
make a written report on the complaint and answer to the chairperson.
(j)
The committee shall consider the complaint, answer and report
and take suitable action. The committee shall make a determination
and adjudication of the grievance and shall reduce the determination
and adjudication to a written decision which shall be filed and served
as provided in this section.
(k)
At every stage of these procedures, the committee shall have
the right to summon the complainant, the respondent and any and all
persons considered necessary to the equitable adjustment of the grievance.
Proceedings shall be informal.
(l)
At every stage of these procedures, the parties and the committee
shall work for a satisfactory adjustment.
(m)
The committee, in its discretion, may conduct a hearing, under
oath or otherwise, on any complaint pending before it and may take
testimony of the parties and their witnesses and receive documents
or other papers submitted to it. Parties may be represented in person
and with counsel and/or a member of the duly designated representative
of the bureau. Parties shall have the right of examination and cross-examination
of all witnesses. The chairperson shall preside at the hearings and
direct the conduct of the hearings, including ruling on the admissibility
of evidence. The burden of proof is on the complainant in these hearings.
(n)
The original decision of the committee in each case shall be
filed with the government. Copies of the decision shall be sent to
the complainant, respondent, chairperson, committee members, chief,
commissioner and mayor.
(o)
The committee shall file with the government all complaints,
answers, reports and decisions together with stenographic records
of all proceedings, transcripts of hearings and any recommendations
made. These shall be filed and retained as permanent records of the
government.
(p)
Any decisions of the committee may be reviewed by the government
on request of any party in interest which is made to the government
within one week of the date of the decision. The action taken by the
government on any review shall be communicated to the parties in interest
and the chairperson of the committee within three days of taking the
action.
(q)
The government may request the recommendations of the chief
or commissioner in reviewing the decision of the committee.
