[HISTORY: Adopted by the Board of Trustees of the Village of Rouses Point 4-15-1974; amended in its entirety 4-22-1985 by L.L. No. 1-1985. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Defense and indemnification — See Ch. 6.
Code of Ethics — See Ch. 7.
It is the intent of this chapter to provide clearly stated personnel policies which shall apply to all permanent, temporary or part-time employees of the Village of Rouses Point.
[Amended 6-5-1995 by L.L. No. 1-1995]
A. 
A workweek shall consist of 40 hours per week.
B. 
The standard workweek:
(1) 
Begins at 12:01 a.m. Sunday and ends at 12:00 midnight the following Saturday for Village personnel, excluding water plant operations personnel.
(2) 
For the water plant operations personnel, begins at 12:01 a.m. Saturday and ends at 12:00 midnight the following Friday.
C. 
A workweek, in computing time, shall include all paid time, including vacation time and sick time, but in computing the standard workweek, excused unpaid absences shall not be counted.
A. 
Any work done in excess of eight hours per day or 40 hours in any one week shall be paid at the rate of time and a half; excluding, however, work done in the water plant operations on two twelve-hour shifts. Two twelve-hour shifts on Saturday and Sunday in the water plant operation shall be considered as being part of the regular workday within the standard forty-hour workweek of the water plant operation.
[Amended 6-5-1995 by L.L. No. 1-1995]
B. 
Employees whose regularly scheduled workweek is Monday through Friday shall be paid time and a half of their basic rate for all overtime worked, except for Sundays and holidays. Overtime work on Sunday shall be paid at double the basic rate. Employees who must work on the holidays set forth in § 19-4 shall be paid overtime holiday pay, which shall be double the basic rate of pay for the actual hours worked, plus the eight hours of normal pay for the holiday.
C. 
Employees whose regularly scheduled workweek includes Saturday and Sunday shall be paid at their basic rate. Employees who are normally scheduled to work on a holiday shall receive pay at the rate of 1 1/2 of the basic rate plus eight hours of normal pay for the holiday.
D. 
The basic rate that each employee will be paid will be that set forth annually in the Village budget.
E. 
Employees paid on an annual salary basis may, upon petition to the Administrator, be awarded compensatory time on an hour-for-hour basis.
A. 
The following days shall be considered as holidays and shall be granted with pay:
[Added 1-18-2005 by L.L. No. 1-2005]
New Year's Day
Martin Luther King, Jr., Day
Washington's Birthday
Good Friday
Memorial Day
July 4
Labor Day
Columbus Day
Veterans Day
Thanksgiving, plus the Friday immediately thereafter
December 24 (day before Christmas Day)
Christmas Day
B. 
In the event that a holiday falls on a Sunday, the following Monday will be celebrated as the holiday. If the holiday falls on a Saturday, the preceding Friday will be celebrated as the holiday.
C. 
Any employee shall forfeit being paid for a holiday if absence from work due to illness occurs on the workday immediately preceding or following the holiday, unless said illness is certified by a doctor's certificate. Vacation days shall be considered as days worked.
D. 
If a holiday falls on an employee's vacation, the vacation will be extended by one workday.
E. 
All full-time employees are eligible for holidays with pay. Regular part-time employees are eligible to receive holidays on a pro rata basis. Temporary and seasonal employees are not eligible for holidays with pay.
F. 
If a holiday falls on an employee's scheduled day off, the employee shall be entitled to another day off with pay during the fiscal year, to be mutually agreed upon by the employee and the department head.
[Added 1-16-1990 by L.L. No. 1-1990]
When called out, once having departed his normal workplace at the end of the day, each employee shall receive compensation for the hours worked or a minimum of two hours, whichever is greater. Personnel who are requested to work overtime continuous of that workday before the normal end of work shall not be considered called out.
A. 
Eligibility: apportionment.
(1) 
All full-time employees are eligible to receive vacations with pay. Regular part-time employees are eligible to receive vacations on a pro rata basis. Temporary and seasonal employees are not eligible for vacation.
(2) 
All new employees who earn vacation during their first calendar year of employment shall be apportioned according to the number of months employed and shall be taken in the next calendar year. In succeeding years, the first calendar year of service or any part thereof shall be considered as a whole year.
Length of Vacation
Previous Calendar Years of Service
Vacation to be Taken in Current Calendar Year
(working days)
0
None
1
10 working days times the number of months of service divided by 12, then rounded to the nearest whole day
2 - 4
10 days
5 - 9
15 days
10 - 14
20 days
15 - 19
25 days
20 - 30
27 1/2 days
30 plus
30 days
B. 
Vacation time must be taken in segments of four hours or greater, except that vacation time in excess of 16 hours shall be requested at least one week before the start of vacation. If a regular payday falls during an employee's vacation, he shall receive such paycheck in advance, provided that he makes a request, in writing, for such advance payment at least two weeks prior to his leaving; and further provided that he will be taking a minimum vacation of one week.
C. 
Any employee who terminated his employment is entitled to the vacation earned in the previous year, plus the pro rata vacation earned in the calendar year in which his employment with the Village is terminated.
D. 
Any employee who is on a leave of absence of greater than 15 calendar days in any month shall not earn vacation time in that month.
E. 
Employees may accumulate up to 15 days' vacation from one year to the next, provided that they request to do so, in writing, or that they are not able to take their full vacation allotment due to the Village work requirements.
[Amended 1-18-2005 by L.L. No. 1-2005]
F. 
Those employees who are not able to take their vacations because the Village requires the employee to work during the vacation shall have the option to take their vacations at another time during that year or to be compensated by equivalent pay.
G. 
Any employee who dies while still in service shall have a lump-sum payment made to his estate for accrued vacation.
A. 
In the event of death in the employee's immediate family, the employee shall be excused from work at his request to attend the funeral and shall be paid on a daily basis for all workdays lost up to a maximum of five workdays.
B. 
"Immediate family" shall be defined as parents, spouse, children, brother, sister and parents-in-law.
C. 
In the event that a death in the immediate family occurs when an employee is on vacation, vacation credits will not be charged against the employee for funeral days he is entitled to.
A. 
General policy. Sick leave is granted to employees to protect them from endangering their health and that of their fellow workers. This is meant to be a protection in case of need for the individual when he is ill and not a benefit to be used whenever wanted. All allowances of such leave shall be in conformity with the stated purpose.
B. 
Rate of accrual. Sick leave shall be earned at the rate of 1.85 hours per calendar week, credited as of the last day of the week. Sick leave may be accumulated to an indefinite amount. An employee may draw up to five days' excess sick leave or, in other words, minus five days' credit, provided that one week's pay is held in escrow. If the one week's pay normally held in escrow is paid, then a negative sick leave balance shall not be permitted. After three years' full-time employment, an employee may draw up to 12 days' excess sick leave, provided that approval is requested and received from the Village Board of Trustees. If an employee quits or is discharged as a result of disciplinary action while having a negative sick leave balance, the Village shall institute whatever action is required to recover the excess wages paid. Upon termination of employment, an employee shall have the monetary equivalent of any negative leave subtracted from moneys due. The employer may require, as a condition of payment, a statement from the employee's physician certifying the nature of the illness or the injury and the probable period of disability. Employees may be required to provide such proof at any time. Any false representation made by the employee in connection with a claim for sick leave benefits shall be deemed just cause of discipline. Accumulated sick leave will not be payable at the time of termination of employment, except in case of retirement or death. An employee who dies while still in service should have a lump-sum payment made to his estate. Upon retirement with 10 years of service or more, up to and inclusive of 60 days of such time may be turned in for payment. All employees on sick leave shall inform their department head or his designee prior to the commencement of the workday. Employees will be allowed to inform their department heads up to one hour after the prescribed work period commences of their intention to utilize said sick day without loss of said benefits. An employee's failure to report within the above-prescribed time or his failure to produce a requested doctor's certificate may result in his loss of sick leave benefits. Sick leave shall not be taken in less than hourly increments.
[Amended 6-5-1995 by L.L. No. 1-1995]
C. 
Annual pay-out. An annual pay-out of up to three sick leave days shall be allowed to nonunion employees, provided that said employee has in excess of 100 sick leave hours on the books as of November 15 of each year.
[Added 2-21-2006 by L.L. No. 1-2006]
A total of two days per calendar year will be allowed for personal leave with no deduction in pay. Professional consultation, family matters and business or financial matters are acceptable purposes for use of personal leave. Personal leave is not intended for use to extend holidays. Leave in this category may be taken without the Village Administrator's approval if at least four calendar days' notice is given; if less than four calendar days' notice is given, the Village Administrator's approval is required. Leave in this category is not cumulative.[1]
[1]
Editor's Note: Former § 19-8.2, Compassionate leave, which immediately followed this section, was repealed 6-5-1995 by L.L. No. 1-1995.
A. 
Upon employment, every employee, either temporary or permanent, shall be granted six injury days with pay and benefits. These injury days, which shall be used only once, shall be in lieu of the employee utilizing his accrued sick leave in the unfortunate event that he is injured on the job in the course of his duties in such a manner that he would qualify for workmen's compensation. The injury must be readily apparent or diagnosed by a physician as work-caused. Award of this time is contingent upon the employee filing a C-2 injury report attesting to the injury or the severity thereof and fulfilling the conditions meriting workmen's compensation. In the event that the employee is unable to file the C-2 immediately because of the injury, the Public Works Superintendent will investigate the function. The first day of the six allowed is the day, or part thereof remaining, on which the employee is injured.
B. 
This time is not to be used as sick time, nor does it apply to a disability off-the-job situation.
C. 
In all on-the-job injuries which preclude an employee from continuing work, the day of the injury is considered a day of work, and each employee shall be paid for a full eight hours, no matter what the time of injury.
A. 
Employees who serve as jurors will receive the difference between the jury duty pay and his regular compensation, so that he or she will not suffer any loss of salary.
B. 
Employees will be required to show their jury pay to the Treasurer's office so that appropriate payment to the employee can be made. Failure to present the juror's paycheck to the Treasurer's office may result in delayed payment of wages.
Employees who are required to attend military summer camp or are recalled for emergency duties shall receive full pay, less any pay received from the military as governed by the federal and/or state laws. This shall be for a minimum period of 30 days per year. Personnel who elect to take vacation time during this service shall receive both their vacation pay and their military pay.
A. 
All leaves of absence in excess of four months shall be granted or denied by the the Village Board. The Village Board's decision in this matter shall be final and binding on all parties. Leaves of absence of less than four months may be granted by the Village Administrator.
B. 
When an employee is absent without leave and without an explanation therefor for a period of five working days, such leave shall be deemed to constitute a resignation, effective on the date of the commencement of such absence.
C. 
The failure of an employee to return to his position within five consecutive working days following the expiration of leave of absence or extension thereof, without submitting an explanation therefor within such consecutive five-day period, shall constitute a resignation which, for the purpose of determining eligibility for reinstatement, shall be deemed to be effective as of the date of the commencement of said leave of absence. Nothing herein shall be deemed to excuse the unauthorized leave of absence, and such failure may be regarded as misconduct in the appropriate line of procedure.
The Village will provide for its employees the following insurance programs:
A. 
Workmen's compensation for injury or an occupational illness sustained on the job without cost.
B. 
Disability compensation for injuries or illness sustained off the job. This shall be an employee contributory insurance, with the maximum amount of employee contribution being $0.30 per week.
C. 
Additional compensation, without cost, providing additional payments of up to $75 a week over and above that provided under the basic workmen's compensation or disability. This payment shall occur only as long as the basic policies are operational.
D. 
Medical insurance consisting of Blue Cross, Blue Shield (or equivalent coverage) basic policy and major medical.
[Amended 12-15-2014 by L.L. No. 1-2014]
(1) 
For employees hired before December 31, 2014, the coverage for the employee shall be without cost to the employee. Coverage for the family or other multiple insurance tier under the basic service will be at the Village's expense; family coverage or other multiple insurance tier under major medical is at Village expense. A permanent full-time employee who retires with at least 10 years of service shall be entitled to have the Village continue to pay 100% of the costs, including full family coverage or other multiple insurance tiers.
(2) 
For employees hired on or after January 1, 2015, they shall contribute to the premium cost an amount equal to 20% of the yearly premium cost of the Village. A permanent full-time employee who retires with at least 20 years of service shall be entitled to have the Village continue to pay 80% of the costs for the retiree only.
(3) 
In order to carry health insurance coverage into retirement, an employee must be enrolled in the Village's health insurance plan for six months immediately preceding the effective date of retirement.
A. 
The Village will provide three sets of uniforms for each employee engaging in work that would soil personal clothes, consisting of pants and shirt, and will replace any article damaged beyond repair if said damage is incurred either at work or as the result of a major disaster, such as a house fire. The Village will not clean said items at its expense, this being the individual employee's responsibility. These uniforms are not the personal property of the employee.
B. 
The Village will provide a set of foul-weather gear for each employee exposed to harsh climatic conditions, consisting of a heavy coat with hood, heavy pants and gloves. These articles remain the property of the Village and will be dry cleaned once a year at Village expense. Said items are not for personal use off the work-site.
C. 
Except for items of personal wear such as shoes, the Village will supply the necessary safety equipment for the personal protection of its employees.
A. 
Any employee who is incapable of performing her duties because of a maternity disability may utilize accumulated sick leave credits during such absence.
B. 
A maternity leave shall be considered to commence on the date on which the employee is no longer capable of performing her duties and shall end on the date that an employee can resume the performance of her duties.
C. 
The employee may be requested or required to bring in a doctor's note to verify the date when the employee is not capable of performing her duties or when the employee is capable of returning to work. In addition, the employee may be required to submit to a physical examination by a doctor of the Village's choice to verify the starting and ending date of such maternity leave. Such second doctor's opinion will be paid for by the Village.
A. 
The Village shall continue to enforce all provisions of the New York State Retirement Plan for all eligible employees.[1]
[1]
Editor's Note: See the New York State Retirement and Social Security Law.
B. 
All eligible employees shall also be credited for unused sick leave upon retirement, up to a maximum of 165 days, in accordance with the enabling provisions specified by § 41, Subdivision j of the New York State Retirement and Social Security Law.
C. 
Tier 3 employees shall be required to pay the portion established by the New York State Retirement System.[2]
[2]
Editor's Note: See the New York State Retirement and Social Security Law.
D. 
An employee must give at least three months' notice before he retires; otherwise, his final payment may be held for a time.
The probationary period of each employee shall be not less than eight weeks nor more than 26 weeks. Sick leave shall be earned and holidays paid during the probationary period. However, although vacation leave provisions shall be earned by a probationary employee, he shall not take time during the probation time, nor shall he be credited with the same until completion of his probation period. The rate paid to probationary employees shall be determined by the Board of Trustees.
A. 
The Village Clerk shall keep a personnel file on each employee. All information shall be kept in this file and a copy given to the employee for all information except routine material.
B. 
No employee may examine any file except his or her own file.
C. 
An employee shall have the right to examine the contents of his or her file (except preemployment application and letters of reference) or may give written authorization to a representative to examine the file.
D. 
The Village shall furnish copies of any material in the file in writing requested by the employee or his representative.
E. 
The employee has the right to make a written response to any information in the personnel file.
A. 
It shall be the policy of the Village not to discriminate because of race, color, creed, national origin, age, sex or handicap.
B. 
Any employee who believes that such discrimination has occurred should report this immediately to the Village Administrator or, if appropriate, the Mayor of the Village and the Village Board.
C. 
The Village Board shall investigate and take appropriate action. Each employee who reports alleged discrimination shall receive a written report from the Village Board at the conclusion of the investigation.
Any course of study which is pursued by an employee which is truly related to his job will be reimbursed for reasonable expenses incurred by taking that course, up to a maximum of $200 per year, provided that the employee remains in the Village employ a minimum of six months after completion of the course. If the employee should terminate earlier than six months, any amount reimbursed will be deducted from his final paycheck. Reimbursement for hours spent studying is not considered a valid expense; however, tuition cost, books and supplies are. The Village Administrator shall make the final determination if a course is job-related or not, and prior approval must be obtained before taking the course for it to be eligible for reimbursement. Reimbursement is subject to the employee successfully completing the course.
A. 
It is the responsibility of each Village employee to maintain moral and ethical standards which are worthy and warrant the continued confidence of the Village's taxpayers. The public is entitled to know that no substantial conflict between private interests and official duties exist in those who serve them.
B. 
All Village employees may engage in any work or activity for or without pay during off-duty hours which does not conflict or interfere with the performance of his duties or which does not lessen the employee's job effectiveness and efficiency or decrease the employee's physical ability to fully perform the employee's duties.
C. 
Each employee has a responsibility of informing his supervisor, in writing, of outside activities which may conflict with his official duties.
D. 
All Village employees who own more than 20% interest in a company, association or corporation which is in joint business with the Village must disclose such ownership to the department head and to the Village Board, and, specifically, he must state whether or not he is an officer, director, agent or member and how much interest he owns in such association, corporation or company. The Village shall not engage in any transaction with a company, corporation or association in which a Village employee owns more than 10% of the outstanding shares or has such interest unless the Village Board has fully investigated the possible conflict of interest and recommends to the Village Board or department head that such conflict of interest does not exist.
E. 
No employee or member of his family shall solicit or accept, directly or indirectly, any gratuity from a person who has sought or is seeking to obtain contractual or other business or financial gain from the Village; conduct operations or activities that are regulated by the Village; or has interest that may be substantially affected by the performance or nonperformance of the employee's official duty.
F. 
Any employee who knows, or should have known, of a purchase of goods or services from a vendor that he or she works for must inform the Village Board, in writing, of such relationship.
G. 
All contractors, suppliers and vendors doing business with the Village shall be advised that employees are prohibited in accepting any gift or gratuity from such persons.
H. 
Where the donor of such gratuity is unknown, the gratuity shall be turned over to the Village Attorney with a written report of the circumstances of how it was received. The Village Attorney shall make a report and forward the report and the gratuity to the Village Board, who shall dispose of such gratuity as it deems appropriate.
I. 
Violation of any provision of this procedure by an employee or a member of the employee's family shall be sufficient cause for immediate dismissal of the employee.
A. 
In order to continue operating in a safe, orderly and effective manner, the Village has established certain rules that are necessary for the effective operation of the Village functions and to provide what their responsibilities are while working for the Village.
B. 
Employees who fail to abide by these established rules will be subject to corrective discipline or discharge. Corrective discipline may range from a single warning for minor offenses or omissions to discharge for more serious or repeated infractions. The following infractions are sufficiently serious to require the supervisor to take disciplinary action. The listing is not all-inclusive, since there are other offenses subject to disciplinary action which are not listed.
(1) 
Willful damage to, or unauthorized removal of, property belonging to the department or to another employee.
(2) 
Committing any act of violence, fighting, brawling or improper, immoral conduct during working hours.
(3) 
Insubordination.
(4) 
Gambling during working hours or on Village property.
(5) 
Doing personal work during working hours.
(6) 
Possession or use on the job of intoxicating liquors or narcotics or reporting to work under the influence of intoxicants or narcotics.
(7) 
Willful violation or disregard of safety or fire regulations.
(8) 
Possession of dangerous weapons during working hours or on Village property.
(9) 
Loafing, wasting working time, being out of the work area without permission or sleeping on the job.
(10) 
Falsification of personnel, medical or other records, the omission of pertinent facts or giving of false testimony.
(11) 
Absence without reasonable cause.
(12) 
Repeated tardiness or absenteeism.
(13) 
Leaving a job site without approval.
(14) 
Refusal to perform work as directed or willful neglect of duty.
(15) 
Inefficient performance of assigned duties or carelessness in the use of department property.
(16) 
Covering up mistakes or faulty work.
(17) 
Conduct outside of work of a criminal, dishonest or immoral nature, if a direct relationship to the employment is shown.
[Added 5-7-2001 by L.L. No. 3-2001[1]]
A. 
Scope. The Village of Rouses Point believes in the dignity of the individual and recognizes the right of any person to equal opportunities. In this regard, the Village has had a longstanding practice of protecting and safeguarding the rights and opportunities of any person who might either seek or obtain employment with or volunteer for the Village without being subjected to illegal discrimination or harassment in the workplace. Solely for the purposes of this policy, the term "employee" shall also include a volunteer.
B. 
Policy; applicability. In addition to prohibiting illegal discrimination on the basis of race, color, sex, religion, age, disability, marital status, military status, national origin or other unlawful conduct, the Village of Rouses Point also prohibits the illegal harassment of its employees or officers in any form. The Village will take all steps necessary to prevent and stop the occurrence of any illegal discrimination or harassment in the workplace.
(1) 
This policy applies to all Village officers and employees and all individuals who serve as contractors to the Village. Depending on the extent of the exercise of control, this policy may be applied to the conduct of those who are not officers or employees or contractors of the Village with respect to illegal discrimination or illegal harassment of Village officers or employees in the workplace.
(2) 
The Village and this discrimination and harassment policy prohibit conduct that is illegal under state or federal law, including, but not limited to, the inappropriate forms of behavior described in this policy under Subsection C, entitled "Definition of Sexual Harassment."
(3) 
Department heads and supervisory personnel are responsible for ensuring a work environment free from unsolicited, unwelcome and intimidating unlawful discrimination or harassment. These individuals must take immediate and, if authorized, appropriate corrective action when allegations of illegal discrimination or harassment come to their attention to assure compliance with this policy. Should a department head or supervisor not be authorized to take corrective action, the matter shall be referred to the individual or body, as the case may be, having that authority.
(4) 
A person who is found to have committed an act of unlawful discrimination or harassment or other inappropriate behavior will be subject to disciplinary action in accordance with the provisions of a negotiated labor agreement or state law, as may be appropriate. Additionally, retaliation against someone who has complained about prohibited discrimination or harassment is strictly prohibited as is retaliation against an individual who cooperates with an investigation of a discrimination or harassment complaint. Any such retaliatory conduct is illegal and will result in disciplinary action against the retaliator, if that person is an officer, employee or volunteer of the Village. Intimidation, coercion, threats, reprisals or discrimination against any person for complaining about unlawful discrimination or harassment, as described in this policy, is prohibited.
(5) 
All Village officers and employees will be held responsible and accountable for avoiding or eliminating the conduct prohibited by this policy. Individuals are encouraged to report violations of this policy to their supervisor or to a member of the Discrimination/Harassment Committee. This Committee shall consist of two members of the Village Board, to be appointed annually by the Mayor.
C. 
Definition of "sexual harassment."
(1) 
Sexual advances that are not welcome, requests for sexual favors, and other verbal or physical conduct with sexual overtones constitute sexual harassment when:
(a) 
Submission to such conduct is made, either explicitly or implicitly, a term or condition of an individual's work; or
(b) 
Submission to, or rejection of, such conduct by an individual is used as the basis for work decisions such as promotion, transfer or termination, affecting such individual; or
(c) 
Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment.
(2) 
Sexual harassment refers to behavior that an individual does not welcome; that is personally offensive; that fails to respect the rights of others; that lowers morale and that, therefore, interferes with an individual's work performance and effectiveness; or that creates an intimidating, hostile or offensive working environment. Specific forms of behavior that the Village would consider sexual harassment include, but are not limited to, the following:
(a) 
Verbal harassment: abusive verbal language related to a person's sex, including sexual innuendos; slurs; suggestive, derogatory or insulting comments or sounds; whistling; jokes of a sexual nature; sexual propositions; and threats. Included would be any sexual advance that is unwelcome or any demand for sexual favors.
(b) 
Nonverbal harassment: abusive written language, showing or displaying pornographic or sexually explicit objects or pictures, graphic commentaries, leering or obscene gestures in the workplace such that unreasonably interferes with an individual's work performance or creates an intimidating, hostile or offensive working environment.
(c) 
Physical harassment: any physical contact which is not welcome, including touching, petting, pinching, coerced sexual intercourse, assault, or persistent brushing up against a person's body.
D. 
Procedure.
(1) 
Any Village officer or employee is encouraged to report an incident of suspected illegal discrimination or harassment to a department head or to the Discrimination/Harassment Committee as soon as possible after an alleged incident. A victim does not have to be the opposite sex of the harasser. The harasser does not have to be the victim's immediate supervisor. The harasser could be an agent of a supervisor, another supervisor, a coworker, or even someone not on the payroll of the Village who might have occasion to appear at a work site or enter a Village building or facility. A victim of sexual harassment does not necessarily have to be the person at whom unwelcome sexual conduct is directed. Such an individual could be someone who is affected by such conduct when it is directed towards another person, thereby creating a hostile work environment. Such conduct in the workplace is unlawful and is prohibited by the Village and by this policy.
(2) 
Should an officer or employee believe that he or she has been discriminated against or harassed and would like guidance as to how to proceed in filing a complaint, that individual should review the Village's discrimination and harassment complaint procedure or contact any member of the Discrimination/Harassment Committee for assistance.
(3) 
Should an individual file a complaint, the procedures of the Discrimination/Harassment Committee must be followed, including the time limit of 180 days. The procedures describe the steps to be taken when an individual has filed a complaint, detail the responsibilities of all involved parties and provide the time frames for actions to be taken.
(4) 
All complaints will be handled in a timely and confidential manner. In no event will information concerning a complaint be released by the Village to any third party or to anyone within Village government who is not directly involved with or in the investigation. A breach of this prohibition will result in disciplinary action.
(5) 
The investigation of a complaint will normally include conferring with the parties involved and any named or apparent witnesses. The particular facts of the allegation will be examined individually, with a review of the nature of the behavior and the context in which the incident or incidents occurred. Confidentiality will be maintained throughout the investigatory process. The Discrimination/Harassment Committee will also investigate cases in which a supervisor requests or requires assistance.
(6) 
An individual who believes that he or she has been unjustly charged with illegal discrimination or harassment will be afforded every opportunity to offer and present information relevant to the complaint. Any such information will be confidential.
(7) 
A person who participates in this procedure may do so without fear of retaliation. Retaliation against anyone who has filed a complaint under this policy is prohibited and may well be a violation of federal or state law. Any such retaliation will result in disciplinary action.
(8) 
A person who is found to have committed an act of illegal discrimination or harassment will be subject to disciplinary action in accordance with the provisions of a negotiated labor agreement or state law, as may be appropriate.
(9) 
Nothing in this policy should be construed to limit an individual's existing right to file a complaint with the New York State Division of Human Rights or the United States Equal Employment Opportunity Commission, or to take any legal action which he or she may deem advisable.
E. 
Discrimination and harassment complaint procedure steps.
(1) 
Step one.
(a) 
An aggrieved person, hereafter referred to as the "complainant," will meet with his or her department head to discuss an allegation of discrimination or harassment and may file a complaint of discrimination or harassment. If a complaint is filed, the department head shall send a signed complaint on a form available from the Village to the Discrimination/Harassment Committee. Should an individual feel uncomfortable raising an issue of alleged illegal discrimination or harassment with a department head, any other department head or a member of the Discrimination/Harassment Committee may be approached. Verbal complaints may be handled informally.
(b) 
Any written complaint must be filed by a complainant within 180 days of an alleged act of discrimination or harassment on a form available from the Village.
(c) 
The complainant may withdraw his or her complaint at any time by filing a notice in writing on a form available from the Village.
(2) 
Step two.
(a) 
When a written complaint is filed, the department head or committee member shall have 15 working days to try to resolve the allegation informally by:
[1] 
Gathering and assessing the facts deemed necessary to resolve it;
[2] 
Meeting with the alleged abuser and the complainant separately; and
[3] 
Using whatever other methods deemed necessary or appropriate to attempt to resolve the complaint.
(b) 
Regardless of whether the complaint is written or verbal, if a resolution is achieved by a department head, he or she will prepare a statement that the complaint has been resolved. All parties must sign the statement, which shall be sent to the Discrimination/Harassment Committee. The case will be considered closed.
(c) 
If a complaint is not resolved, it will be turned over to the Discrimination/Harassment Committee or designee. The Committee will investigate the complaint, call witnesses to appear before the Committee, and review any other evidence the Committee feels credible and probative of the allegation or allegations. Notice of the complaint must be given to the accused, who shall also be afforded an opportunity to appear before the Committee, with or without counsel, if he or she so desires. The Committee will have 30 working days to investigate the complaint and an additional 30 working days to render a decision.
(d) 
Written notice of the Committee's decision will be given to both the complainant and the accused.
[1]
Editor's Note: The forms accompanying this local law, to be used in accordance with the discrimination and harassment policy, are on file in the Village offices.