City of Ithaca, NY
Tompkins County
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Table of Contents
Table of Contents
[Adopted as Ch. 5, Art. I, of the 1974 Municipal Code]
[Amended 8-5-1992 by L.L. No. 3-1992]
The following grievance procedure is hereby established for employees of the City, except as otherwise provided in this chapter or a labor agreement.
As used in this article, the following terms shall have the following meanings:
DAYS
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.
DEPARTMENT
Any office, department, board, commission or other agency of the government of the City.
EMPLOYEE
Any person directly employed and compensated by the City, except persons employed in the legislative or judicial branch thereof.
GRIEVANCE
Any claimed violation, misinterpretation or inequitable application of the existing laws, rules, procedures, regulations, administrative orders or work rules of the City or a department thereof which relates to or involves 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 other matter which is otherwise reviewable pursuant to law or any rule or regulation having the force and effect of law.
IMMEDIATE SUPERVISOR
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 and approves said employee's time record or evaluates said employee's work performance.
Every employee of this City shall have the right to present a 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/her own choosing at all stages of the grievance procedure.
[Amended 6-4-1997 by L.L. No. 4-1997]
A. 
Duty of employee. An employee who claims to have a grievance shall present said grievance to his/her immediate supervisor orally within 10 days after the grievance occurs.
B. 
Duty of supervisor. The immediate supervisor shall discuss the grievance with the employee, shall make such investigation as deemed appropriate and shall consult with superiors to such extent as deemed appropriate, all on an informal basis.
C. 
Decision by supervisor. Within 10 days after presentation of the grievance to the supervisor, the immediate supervisor shall make a decision and communicate the same to the employee presenting the grievance and to the employee's representative, if any.
D. 
In the event that the immediate supervisor to whom the initial presentation is made is a department head or the Mayor, the grievant, if dissatisfied with the decision communicated pursuant to Subsection C, may, within 10 days of the communication of that decision, submit a written statement describing the specific nature of the grievance and the objections to the decision to the department head or Mayor. The department head or Mayor shall respond to such statement within 10 days by submitting a written description of the reasons underlying the decision. The grievant shall then have the right to appeal to the Grievance Board in accordance with the procedure outlined in § 90-7.
[Amended 6-4-1997 by L.L. No. 4-1997]
A. 
Request for review. If an employee presenting a grievance is not satisfied with the decision made by the immediate supervisor, the employee may, within 10 days thereafter, request a review and determination of the grievance by the department head. Such request shall be in writing and shall contain a statement as to the specific nature of the grievance and the facts relating to it. Such request shall be served upon both the department head and the immediate supervisor to whom the grievance was originally presented. Thereupon, and within 10 days after receiving such request, the immediate supervisor shall submit to the department head a written statement of his/her information concerning the specific nature of the grievance and the facts relating to it.
B. 
Duty of department head or nominee. The department head or the department head's nominee may and, at the request of the employee, shall hold a hearing within five days after receiving the written request and statement from the employee. The employee and the employee's representative, if any, may appear at the hearing and present oral statements or arguments.
C. 
Decision by department head or nominee. Within 10 days after the close of the hearing or within 10 days after the grievance has been submitted to the department head if there is no hearing, the department head or the department head's nominee shall make a decision and communicate the same to the employee presenting the grievance and to the employee's representative, if any.
A. 
Established. A Grievance Board of three members is hereby established to hear appeals from decisions of department heads on grievances.
B. 
Members. The members of this Board shall be a standing committee of the Common Council, to be appointed by the Mayor and to serve at the pleasure of the Mayor. The Mayor also shall appoint an alternate to serve in the absence or inability of any member to serve. In the event that a grievance arises to which the Mayor is a party, Common Council shall, by majority vote, appoint a three-member ad hoc Grievance Board to hear that particular grievance.
[Amended 6-4-1997 by L.L. No. 4-1997]
C. 
Hearing body. 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. 
Necessary vote. Two concurring votes shall be necessary to determine any official report or action of the Grievance Board.
E. 
Funds, supplies, facilities and personnel. Necessary funds, supplies, facilities and personnel to implement the operation of the Grievance Board shall be provided by the Common Council.
F. 
Promulgation of rules. 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. 
Time limitation; written statement. 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 the representative's department of employment if the representative 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 the department head's nominee.
B. 
Written statement by the department head. 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 the department head's nominee in making a decision. Such written statement shall be submitted within 10 days after request by the Grievance Board.
[Amended 6-4-1997 by L.L. No. 4-1997]
C. 
Hearing; time and notice. 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 the department head's nominee, all of whom shall be entitled to be present at the hearing.
D. 
Public or private hearing. The hearing on the appeal may be held in public or in private, as determined by the Grievance Board.
E. 
Procedure and evidence. New evidence, testimony or argument, as well as any documents, exhibits or other information submitted to the department head or the department head's nominee at the hearing held by the department head or the department head's nominee may be introduced at the hearing by the employee, by the department head or the department head's nominee or upon the request of the Grievance Board.
F. 
Adjournment. 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. 
Rules of evidence. The Grievance Board shall not be bound by formal rules of evidence.
H. 
Written summary. A written summary shall be kept of each hearing held by the Grievance Board.
I. 
Report. The Grievance Board shall make its report, in writing, within 10 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 fact, conclusions and advisory recommendations.
[Amended 6-4-1997 by L.L. No. 4-1997]
J. 
Effect of report. The report of the Grievance Board shall be final, subject to review under Article 78 of the Civil Practice Law and Rules.
This article may be amended at any time in accordance with the general procedures and requirements in effect at such time for the amendment of an ordinance.