[HISTORY: Adopted by the Board of Trustees of the Village of Penn Yan 6-17-1963 as L.L. No. 7-1963. Amendments noted where applicable.]
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 chapter.
- Any office, department, board or commission or other agency of the government of the Village of Penn Yan.
- Any person directly employed and compensated by the Village of Penn Yan, except persons who are 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 Village of Penn Yan 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.
- 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 Village 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.
An employee who claims to have a grievance shall present his grievance to the head of his department orally within two days after the grievance occurs.
The 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.
Within three days after presentation of the grievance to him, the department head shall make his decision and communicate the same to the employee presenting the grievance and to the employee's representative, if any.
A Grievance Board of three members is hereby established to hear appeals from decisions of the department heads on grievances.
The members of this Board shall be appointed by the Mayor to serve at the pleasure of Board of Trustees.
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 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.
Two concurring votes shall be necessary to determine any official report or action of the Grievance Board.
Necessary funds, supplies, facilities and personnel to implement the operation of the Grievance Board shall be provided by the Board of Trustees of the Village of Penn Yan.
The Grievance Board may make and amend rules and regulations for the conduct of its proceedings not inconsistent with the provisions of this chapter. A complete and up-to-date set of such rules and amendments shall be kept on file in the Village Clerk's office.
An employee may appeal from the decision 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:
The name, residence address and department of employment of the employee presenting the grievance.
The name, residence address and department of employment of each other employee or official involved in the grievance.
The name and address of the employee's representative, if any, and his department of employment if he is a fellow employee.
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.
A request for a review of the decision of 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 in making his decision. Such written statement shall be submitted within three days after request by the Grievance Board.
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, all of whom shall be entitled to be present at the hearing.
The hearing on the appeal may be held in public or in private, as determined by the Grievance Board.
New evidence, testimony or argument, as well as any documents, exhibits or other information submitted to the department head at the hearing held by him, may be introduced at the hearing by the employee, by the department head or upon request by the Grievance Board.
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.
The Grievance Board shall not be bound by formal rules of evidence.
A written summary shall be kept of each hearing held by the Grievance Board.
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 Village 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.
The report of the Grievance Board shall be final.
This chapter may be amended at any time in accordance with the general procedures and requirements in effect at such time for the amendment of a local law.