[Adopted 7-2-1963 by Res. No. 524-1963]
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 office, department, board, commission or other agency
of the government of the City of Yonkers.
Any person directly employed and compensated by the City
of Yonkers, except persons employed in the legislative or judicial
branch thereof.
Any claimed violation, misinterpretation or inequitable application
of the existing laws, rules, procedures, regulations, administrative
orders or work rules of the City of Yonkers 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 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.
An employee or officer on a higher level of authority above
the employee in the department wherein the grievance exists and who
assigns and supervises the employee's work and approves his time record
or evaluates his work performance.
Every employee of this City 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
to his supervisor and/or department head in writing within two days
after the grievance occurs.
B.
The
supervisor and/or department head shall discuss the grievance with
the employee, shall make such investigation as he deems appropriate
and shall consult with his superiors to such extent as he deems appropriate,
all on an informal basis.
C.
Within
three days after presentation of the grievance to him, the supervisor
and/or department head shall make his decision and communicate the
same to the employee presenting the grievance and to the employee's
representative, if any.
D.
In
the event that a grievance is presented to the employee's supervisor,
said supervisor shall not communicate his decision to the employee
unless and until he has discussed the matter with the head of the
department involved.
A.
A
Grievance Board of three members is hereby established to hear appeals
from decisions of supervisors and/or department heads on grievances.
B.
The
members of this Board shall be appointed by the Mayor to serve at
the pleasure of the Mayor. Said Board shall be composed of the following:
(1)
The Corporation Counsel.
(2)
A member of the Civil Service Employees' Association of the City
of Yonkers, which member shall be selected at a regular meeting of
said Association and recommended to the Mayor for appointment. The
Mayor may, however, in his discretion, refuse to follow said particular
recommendation and may request another recommendation or recommendations.
(3)
A citizen of the City of Yonkers not engaged in governmental service.
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 to determine any official report
or action of the Grievance Board.
E.
Necessary
funds, supplies, facilities and personnel to implement the operation
of the Grievance Board shall be provided by the City Council.
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 supervisor and/or 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 supervisor and/or department
head.
B.
The
Grievance Board may request the supervisor and/or 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 supervisor
and/or department head 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 supervisor and/or department
head, 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 supervisor and/or department
head at the hearing held by him, may be introduced at the hearing
by the employee, by the supervisor and/or by the department head 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 supervisor and/or 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 supervisor and/or 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.
J.
The
report of the Grievance Board shall be final.
[Added 11-24-1970 by Res. No. 500-1970[1]]
Whenever a limitation of time is provided herein for any step
in the grievance procedure involving a grievance by a member or members
of the Police Department or Fire Department, said limitation of time
shall be double the number of days set forth herein.
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 a resolution.
