[Adopted 7-23-1963, approved 7-24-1963]
As used herein the following terms shall have the following
meanings:
All days other than Saturdays, Sundays and legal holidays.
Saturdays, Sundays and legal holidays shall be excluded in computing
the number of days within which action must be taken or notice given
within the terms of this article.
Any department or other agency of the government of the City
of Mount Vernon other than the legislative or judicial branches thereof.
The officer in full charge of said department as prescribed
by the City Charter of Mount Vernon or other applicable law.
Any person directly employed and compensated by the City
of Mount Vernon, except persons employed in the legislative or judicial
branch thereof.
Any claim of violation, misinterpretation or inequitable
application of the existing laws, rules, procedures, regulations,
administrative orders or work rules of the City of Mount Vernon or
a 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 or amount
of compensation, retirement benefits, disciplinary proceeding or any
other matter which is otherwise reviewable pursuant to law or any
rule or regulation having the force and effect of law.
The employee or officer on the next higher level of authority
above the employee in the department wherein the grievance exists
and who normally assigns and supervises the employee's work or
evaluates his work performance.
Every employee of the City of Mount Vernon shall have the right
to present his grievance in accordance with the procedures provided
herein, free from interference, coercion, restraint, discrimination
or reprisal, and shall have the right to be represented by a person
of his own choosing at all stages of the grievance procedure.
A.
An employee who claims to have a grievance shall present his grievance
in writing to his department head within two days after the grievance
occurs and request a review and determination of his grievance and
may also request a hearing on his grievance.
B.
Such request shall contain a statement setting forth the specific
nature of the grievance and the facts and circumstances relating to
it.
C.
Such request shall be served upon both the department head and the
employee's immediate supervisor.
D.
Thereupon and within two days after receiving such request, the immediate
supervisor shall submit to the department head a written statement
of his information concerning the specific nature of the grievance
and the circumstances and facts relating to it.
E.
The department head or his nominee may, and at the request of the
employee shall, hold a hearing within five days after receiving the
written request for said hearing and statement from the employee.
F.
The employee and his representative, if any, may appear at the hearing
and present oral arguments or statements.
G.
Within five days after the close of the hearing or within eight days
after the grievance has been submitted to him if there be no hearing,
the department head or his nominee shall make his decision and communicate
the same to the employee presenting the grievance and to the employee's
representative, if any.
A.
A Grievance Board of three members is hereby established to hear
appeals from decisions of department heads on grievances.
B.
The members of this Board shall be appointed by the Mayor, to serve
at his pleasure, and shall serve without pay.
C.
A hearing of any matter before the Grievance Board may be conducted
by any one or more members of the Board designated by the Board to
act on its behalf; provided, however, that if less than the full Board
presides at such a hearing, the member or members thereof conducting
such hearing shall render a report thereon to the full Board and the
full Board shall thereupon make its report.
D.
Two concurring votes shall be necessary for any binding decision.
E.
Necessary funds, supplies, facilities and personnel to implement
the operation of the Grievance Board shall be provided by the City
of Mount Vernon.
F.
The Grievance Board may make and amend rules and regulations for
the conduct of its proceedings, not inconsistent with the provisions
of this article. A complete and up-to-date set of such rules and amendments
shall be kept on file in the City Clerk's office.
A.
An employee may appeal from the decision of the department head or
nominee of the department head within 15 days after notice of such
decision. The appeal shall be taken by submitting to the Grievance
Board a written statement signed by the employee taking the appeal,
containing:
(1)
The name, residence address and department of employment of the employee
presenting the grievance.
(2)
The name, residence address and department of employment of each
other employee or official involved in the grievance.
(3)
The name and address of the employee's representative, if any,
and his department of employment if he is a fellow employee.
(4)
A concise statement of the nature of the grievance, the facts relating
to it and the proceedings and decisions on the grievance up to the
time of the appeal.
(5)
A request for a review of the decision of the department head or
his nominee.
B.
The Grievance Board may request the department head to submit a written
statement of facts, including a summary of the record of the hearing,
if there was a hearing, and the original or a true copy of any other
record or document used by the department head or his nominee in making
his decision. Such written statement shall be submitted within three
days after request by the Grievance Board.
C.
The Grievance Board shall hold a hearing within 10 days after receiving
the written request for review. It shall give at least three days'
notice of the time and place of such hearing to the employee, the
employee's representative, if any, and the department head or
his nominee, all of whom shall be entitled to be present at the hearing.
D.
The hearing on the appeal may be held in public or in private as
determined by the Grievance Board.
E.
New evidence, testimony or argument, as well as any documents, exhibits
or other information submitted to the department head or his nominee
at the hearing held by him, may be introduced at the hearing by the
employee, by the department head or his nominee or upon the request
of the Grievance Board.
F.
The hearing may be adjourned from time to time by the Grievance Board
if in its judgment such adjournment is necessary in order to obtain
material evidence. The total of all such adjournments, however, shall
not exceed 10 days, except that adjournments consented to by both
the employee and the department head shall not be counted in determining
the total days of adjournments as herein limited.
G.
The Grievance Board shall not be bound by formal rules of evidence.
H.
A written summary shall be kept of each hearing held by the Grievance
Board.
I.
The Grievance Board shall make its report in writing within five
days after the close of the hearing. It shall immediately file its
report and the written summary of the proceedings with the City Clerk
and shall at the same time send a copy of its report to the employee,
the employee's representative, if any, the department head, the
Mayor and the local Civil Service Commission, if appropriate. The
report shall include a statement of the Board's findings of facts,
conclusion and advisory recommendations.
J.
The report of the Grievance Board shall be final.
