Adopted by the Mayor & Borad of Aldermen, 10/7/98

Section 1      Policy Statement

The Town desires to resolve employee complaints and grievances in a fair and equitable manner.  Employees whose grievances result from work situations deserve and have the right to submit grievances for orderly resolution in accordance with these procedures with or without a representative from interference, penalty, discrimination, coercion, recrimination, restraint, reprisal or retaliation.  Employees utilizing the grievance procedures shall not be subjected to retaliation or any form of harassment from supervisors or employees for exercising their rights under this policy. The resolution of grievances promotes more effective employer-employee relationships and is in the best mutual interests of all affected parties.

Employees will be allowed such time off from their regular duties, as may be necessary and reasonable as determined by the department head or Town Manager to prepare and present a grievance.

The objectives of the Town?s grievance procedure is to:

Assure employees of a way in which they can get their problems and complaints considered rapidly, orderly, fairly and without fear of retaliation.

Encourage the employee to express himself about how conditions of work affect him as an employee.

Foster better employee understanding of policies, practices and procedures.

Provide employees with assurance that actions are taken in accordance with policies.

Provide a check on how policies are carried out.

Section 2      Coverage

The provisions of this procedure shall apply to all the Town?s employees.  The Town Manager has the authority to hire, supervise, discipline and dismiss employees.

Section 3      Grievance - Definition

A grievance is a claim or compliant by an employee based upon: (a) an event or term or condition which affects the circumstances under which an employee works, including employment practices, policies or programs or benefits; (b) involuntary termination of employment; or ? any allegedly illegal discrimination by the Town.

Section 4      Grievance Procedure

All grievances will be administered in the specified manner and processed within the stated time limits unless a time extension is mutually agreed upon.  Failure by the employee to process a complaint within the stated time limits, or agreed upon extension shall constitute termination of the complaint.  At each step of the grievance process where written documentation is required, the Human Resource Manager shall receive a copy to put in the employee?s permanent file.  The employee filing a grievance shall have the right to have a representative present at each step of the process.

Step One -  Department Head

An employee with a grievance shall present the matter orally or in writing to his department head within fifteen (15) working days of its occurrence with the objective of resolving the matter informally.  The department head shall consult with the employee within ten (10) working days of receipt of the grievance.  If the matter cannot be resolved informally, the department head shall give the employee a written decision of the grievance within ten (10) working days after the meeting.

Step Two - Appeal to the Town Manager

If the response from step one is not acceptable to the employee, within ten (10) working days of the Department Head?s written decision, the grievant may file a written grievance with the Town Manager.  The written grievance shall state concisely the basis for the complaint and if based on alleged discrimination, indicate whether the basis for the alleged discrimination was based on race, color, religion, sex, national origin, age, or disability.  The Town Manager shall promptly notify the employee and the department head of a date and time for a meeting which shall be no later than
fifteen (15) working days following receipt of the grievance by the Town Manager.  Within fifteen (15) working days from the date of the meeting, the Town Manager shall render a decision on the grievance.  The decision of the Town Manager is final.

No grievance shall be accepted after separation from employment with the Town.

Section 5      Exempt/Department Head Appeal Process

In the event the supervisor is the Town Manager, the appeal process is filed with the Board with in fifteen (15) working days of the occurrence.  The Board shall consult with the employee within ten (10) working days of receipt of the grievance.  Within fifteen (15) working days following  the  the meeting between the Board and the employee, the Board shall render a decision on the grievance.  The decision of the Board is final.

Section 6      Grievance Procedure for Discrimination

When an employee, former employee, or applicant, believes that any employment action discriminates illegally (i.e. is based on age, sex, race, color, national origin, religion or disability, he or she has the right to appeal such action using the grievance procedure outlined in this Article.  While such persons are encouraged to use the grievance procedure, they shall also have the right to appeal directly to the Human Resources Manager or Town Manager.  Employment actions subject to appeal because of discrimination include hiring, promotion, training, classification, pay, disciplinary action, transfer, layoff, or termination of employment.