[HISTORY: Adopted by the Board of Trustees of the Village of Scarsdale:
Art. I, 9-24-1963 by resolution; Art. II, 1-8-1985
by L.L. No. 3-1985. Sections 72-1 and 72-3A amended at time
of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments
noted where applicable.]
[Adopted 9-24-1963 by resolution]
The following grievance procedure is hereby established for all employees
of the village, except for those employees who are covered by a union contract,
whose contract shall prevail where it is applicable.
As used in this article, the following terms shall have the meanings
indicated:
Any claimed violation, misinterpretation or inequitable application
of the existing laws, rules, procedures, regulations, administrative orders
or work rules of the village or any department thereof, which relate to or
involve employee health or safety, physical facilities, materials or equipment
furnished to employees or supervision of employees; provided, however, that
such term shall not include any matter involving an employee's rate of
compensation, retirement benefits, disciplinary proceeding or any matter which
is otherwise referable pursuant to law or any rule or regulation having the
force and effect of law.
A.
Every village employee, except those covered by grievance
procedures provided in collective bargaining procedures, shall have the right
to present his grievances in accordance with the procedural requirements set
forth below, free from interference, coercion, restraint, discrimination or
reprisal.[1]
B.
It shall be a fundamental responsibility of supervisors
at all levels, commensurate with the authority delegated to them by their
superiors, promptly to consider and take appropriate action upon grievances
presented to them by employees under their supervision.
C.
It shall be the responsibility of the Village Manager
to take such steps as may be necessary to carry out the provisions of this
article.
A.
The first procedural step shall consist of the employee's
presentation of his grievance to his immediate supervisor, who shall, to such
extent as he may deem appropriate, consult with his superiors. The discussion
and resolution of grievances at this stage shall be on an oral and informal
basis. If such grievance is not satisfactorily resolved at this stage, such
employee may proceed to the second stage.
B.
The second procedural stage shall consist of a request
by the aggrieved employee for a review and determination of his grievance
by the head of the department or, in the event that his immediate supervisor
is the head of the department, by the Village Manager. In such case, the aggrieved
employee and his immediate supervisor shall each submit to the head of the
department or to the Village Manager if the immediate supervisor is the head
of the department a written statement setting forth the specific nature of
the grievance and the facts relating thereto. Thereupon, such head of the
department or the Village Manager if the immediate supervisor is the head
of the department shall, at the request of the employee, hold an informal
hearing at which the employee may appear and present oral and written statements
or arguments. The final determination of this stage of such grievance proceeding
shall be made by the head of the department or the Village Manager if the
immediate supervisor is the head of the department.
C.
Where the determination in the second procedural stage
is made by the head of the department rather than the Village Manager, the
aggrieved employee may appeal, in writing, to the Village Manager. Such employee
shall be granted a hearing before the Village Manager, who shall make a final
determination.
[Adopted 1-8-1985 by L.L. No. 3-1985;
amended in its entirety 8-29-2000 by L.L. No. 6-2000]
The Village of Scarsdale hereby elects to provide all its eligible employees
in the position or positions so targeted with a retirement incentive program,
as authorized by Chapter 86 of the Laws of 2000.
The commencement date of the retirement incentive program shall be October
1, 2000. The open period, during which eligible employees may retire and receive
the additional retirement benefit, shall be 60 days in length and shall end
on November 29, 2000.
