§ 684 — Grievances; procedural requirements; appeals

§ 684. Grievances; procedural requirements; appeals. 1. Each\ngovernment which, on or before October first, nineteen hundred\nsixty-three, has not established and does not thereafter maintain a two\nstage grievance procedure for all its employees shall, acting through\nthe chief executive officer of each government establish and administer\na basic grievance procedure for the employees of such government in\naccordance with the provisions of this section and section six hundred\nthree of this article. Such basic grievance procedure shall provide for\nat least two procedural stages and an appellate stage for the settlement\nof grievances as set forth in this section.\n 2. The first procedural stage shall consist of the employee's\npresentation of his grievance to his immediate supervisor who shall, to\nsuch extent as he may deem appropriate, consult with his superiors. The\ndiscussion and resolution of grievances at the first stage shall be on\nan oral and informal basis. If such grievance is not satisfactorily\nresolved at the first stage such employee may proceed to the second\nstage.\n 3. The second procedural stage shall consist of a request by the\naggrieved employee for a review and determination of his grievance by\nthe head of the department or agency of government concerned, or his\ndesignee. In such case the aggrieved employee and his immediate\nsupervisor shall each submit to the head of the department or agency\nconcerned, or his designee, a written statement setting forth the\nspecific nature of the grievance and the facts relating thereto.\nThereupon such head of the department or agency concerned or his\ndesignee shall, at the request of the employee, hold an informal hearing\nat which the employee, and in accordance with the provisions of the\ngrievance procedure his representative, may appear and present oral and\nwritten statements or arguments. The final determination of the second\nstage of such grievance proceeding shall be made by the head of the\ndepartment or agency concerned, or his designee.\n 4. The chief executive officer of each government shall appoint one or\nmore public employee grievance boards, consisting of three members each,\nwho shall serve at his pleasure. The jurisdiction of each such board\nshall be limited to grievances of the employees of such government.\n 5. Any public employee may appeal to his public employee grievance\nboard from a determination by the head of his department or agency or\nhis designee, made in accordance with the provisions of this article.\nSuch employee shall be granted a hearing before the board on such\nappeal, and the grievance procedure established under this article shall\ngive such employee the right to be represented in such appeal.\n 6. Any such hearing may be conducted by any one or more members of the\nboard, designated by the board to act on its behalf; provided, however,\nthat if less than the full board presides at such a hearing, the member\nor members thereof conducting such hearing shall render a report thereon\nto the full board and the full board shall thereupon make its report.\n 7. The report of the board shall contain a statement of the board's\nfindings of fact, conclusions and advisory recommendations. The board\nshall send a copy of its report to each employee involved, his\nrepresentative, if any, the head of the department or agency involved\nand to the chief executive officer of such government.\n 8. The formal procedures established hereunder shall specify time\nlimitations for the processing of grievances at each stage in order to\ninsure the prompt consideration and determination of employee\ngrievances.\n 9. Notwithstanding any provision of this article, any county, city,\ntown, village, school district or other political subdivision in this\nstate having less than one hundred employees may establish a grievance\nprocedure under which its employees may present grievances, free from\ncoercion, interference, restraint, discrimination or reprisal.\n