[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:
ANSWER
The respondent's explanation of the subject matter of
a complaint.
CHAIRPERSON
The chairperson of the grievance committee.
CHIEF
The chief of the bureau of fire.
COMMISSIONER
The commissioner of the department of public safety.
COMPLAINT
The written allegations constituting a grievance.
DECISION
The written disposition or adjudication of a grievance.
GOVERNMENT
The City of Utica, office of the mayor.
GRIEVANCE
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.
INVESTIGATOR
The individual to whom a complaint is referred for investigation.
MEMBER
Any member of the bureau of fire or any member of the committee.
REPORT
The report of the investigator.
RESPONDENT
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, § 9-49]
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, §§ 9-42(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.