[HISTORY: Adopted by the Town Board of the Town of Southold as indicated
in article histories. Amendments noted where applicable.]
[Adopted 5-7-1963]
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 may be taken or notice given within the terms of this
article.
Any office, department, board or other agency of the government of
the Town of Southold.
Any person directly employed and compensated by the Town of Southold,
except elected or appointed officers and persons employed in the legislative
or judicial branch thereof.
Any claimed violation, misinterpretation or alleged inequitable application
of any existing laws or duly established rules, procedures, regulations, administrative
orders or work rules of the Town of Southold 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 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 and approves his time record or
evaluates his work performance.
Every employee of this Town shall have the right to present his grievance
in accordance with the procedure 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 immediate supervisor, orally, within two days after the
grievance occurs.
B.
The immediate supervisor 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 five days after presentation of the grievance
to him, the immediate supervisor shall make his decision and communicate the
same to the employee presenting the grievance and to the employee's representative,
if any.
A.
If an employee presenting a grievance is not satisfied
with the decision made by his immediate supervisor, he may, within 10 days
thereafter, request a review and determination concerning his grievance by
the Town Board. Such request shall be in writing and shall contain a statement
of the specific nature of the grievance and the facts relating to it. Such
request shall be served upon both the Town Board and the immediate supervisor
to whom the grievance was originally presented. Thereupon, within five days
after receiving such request, the immediate supervisor shall submit to the
Town Board a written statement of his information concerning the specific
nature of the grievance and the facts relating to it.
B.
The Town Board may, and at the request of the employee
shall, hold a hearing within 10 days after receiving the written request and
statement from the employee. The employee and his representative, if any,
may appear at the hearing and present oral statements or arguments.
C.
Within 10 days after the close of the hearing, or within
14 days after the grievance has been submitted to it if there is no hearing,
the Town Board shall make its decision and communicate the same to the employee
presenting the grievance and to the employee's representative, if any. Such
decision shall be final.
