N.Y. General Municipal Law § 684: Grievances; procedural requirements; appeals

§ 684. Grievances; procedural requirements; appeals. 1. Each

government which, on or before October first, nineteen hundred

sixty-three, has not established and does not thereafter maintain a two

stage grievance procedure for all its employees shall, acting through

the chief executive officer of each government establish and administer

a basic grievance procedure for the employees of such government in

accordance with the provisions of this section and section six hundred

three of this article. Such basic grievance procedure shall provide for

at least two procedural stages and an appellate stage for the settlement

of grievances as set forth in this section.

2. The first procedural stage shall consist of the employee's

presentation of his grievance to his immediate supervisor who shall, to

such extent as he may deem appropriate, consult with his superiors. The

discussion and resolution of grievances at the first stage shall be on

an oral and informal basis. If such grievance is not satisfactorily

resolved at the first stage such employee may proceed to the second

stage.

3. The second procedural stage shall consist of a request by the

aggrieved employee for a review and determination of his grievance by

the head of the department or agency of government concerned, or his

designee. In such case the aggrieved employee and his immediate

supervisor shall each submit to the head of the department or agency

concerned, or his designee, a written statement setting forth the

specific nature of the grievance and the facts relating thereto.

Thereupon such head of the department or agency concerned or his

designee shall, at the request of the employee, hold an informal hearing

at which the employee, and in accordance with the provisions of the

grievance procedure his representative, may appear and present oral and

written statements or arguments. The final determination of the second

stage of such grievance proceeding shall be made by the head of the

department or agency concerned, or his designee.

4. The chief executive officer of each government shall appoint one or

more public employee grievance boards, consisting of three members each,

who shall serve at his pleasure. The jurisdiction of each such board

shall be limited to grievances of the employees of such government.

5. Any public employee may appeal to his public employee grievance

board from a determination by the head of his department or agency or

his designee, made in accordance with the provisions of this article.

Such employee shall be granted a hearing before the board on such

appeal, and the grievance procedure established under this article shall

give such employee the right to be represented in such appeal.

6. Any such hearing 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.

7. The report of the board shall contain a statement of the board's

findings of fact, conclusions and advisory recommendations. The board

shall send a copy of its report to each employee involved, his

representative, if any, the head of the department or agency involved

and to the chief executive officer of such government.

8. The formal procedures established hereunder shall specify time

limitations for the processing of grievances at each stage in order to

insure the prompt consideration and determination of employee

grievances.

9. Notwithstanding any provision of this article, any county, city,

town, village, school district or other political subdivision in this

state having less than one hundred employees may establish a grievance

procedure under which its employees may present grievances, free from

coercion, interference, restraint, discrimination or reprisal.