All employees that have successfully completed
the orientation period as required by these regulations shall be covered
by these provisions.
Department heads and appointing authorities
are required to discuss serious disciplinary problems and proposed
disciplinary actions with the Town Administrator to insure that procedures
are followed and that contemplated actions are warranted and consistent
with practices in the Town.
Grievances shall relate to improper application
of these personnel rules and regulations or disciplinary procedures
and shall be resolved in the following manner:
A. First step.
(1) An aggrieved employee shall discuss any matter of
dispute with an immediate supervisor in a mutual effort to resolve
any problem or misunderstanding. Upon failing to resolve any grievance
in an informal manner, an aggrieved employee may present a grievance
in writing to the department head within 10 days from the time the
employee has knowledge or reasonably should have had knowledge of
the occurrence which gave rise to the grievance. The written grievance
shall contain the following information:
(a)
The section of the regulation upon which the
grievance is based;
(b)
The occurrence(s) being grieved;
(c)
Applicable dates and time;
(d)
Any pertinent information relative to the grievance;
(e)
An indication of the relief that is desired.
(2) The department head, within five working days of receipt
of a grievance, shall provide an answer in writing to the aggrieved
employee.
(3) If the immediate supervisor and the department head are the same, the employee may follow procedures set forth in Subsection
B below.
B. Second step. If the grievance has not been resolved as provided in Subsection
A above, the aggrieved employee may, within five working days after receipt of the written answer from the department head, or within 10 working days after presentation of the grievance to the department head, present the grievance in writing to the appointing authority. If the appointing authority and the department head are the same then the employee shall immediately follow procedures set forth in Subsection
C below. The appointing authority shall answer the grievance in writing within 10 days after its receipt.
C. Third step. If the grievance has not been resolved as provided in Subsection
B above, the aggrieved employee may, within 10 working days after receipt of the written answer from the appointing authority, present the grievance in writing with a request for a hearing to the Personnel Board. The Personnel Board shall hold a hearing on the grievance and shall answer the grievance within 30 days after its receipt. The Personnel Board may support, modify or reverse the action of the appointing authority, provided, however, that such action to modify or reverse a decision shall be by roll call vote of the Personnel Board and the appointing authority sitting in joint session. Any such decision shall be final.
Grievances are expected to be filed in a timely
manner, and all time limits specified in the grievance process shall
be met by the employee filing a grievance and the Town; provided,
however, that any time limit may be extended by written agreement
of the Personnel Board and the employee filing a grievance. Failure
of the employee to meet the time limits specified in this section
shall result in a grievance being declared null and void. Failure
by the Town to act in accordance with the time limits set forth in
this section shall be an automatic denial of the grievance and shall
move the grievance to the next step.