Chapter 2.94
GRIEVANCES

Sections:

2.94.010    General policy.

2.94.020    Steps for handling of grievances.

2.94.030    Appeal of dismissal, demotion, or suspension over 30 days.

2.94.010 General policy.

It is the general policy of the borough and the duty of each supervisor and administrative officer in the borough service to anticipate and correct, insofar as practicable, grievance-producing circumstances and thus prevent grievances from arising.

2.94.020 Steps for handling of grievances.

A. General Grievance Procedure. Any employee who has a grievance relating to the employee’s position, working conditions or employment shall be offered the opportunity to be heard in the following manner:

1. The employee shall first discuss the grievance with the department head or borough officer under whom the employee works. If the employee is not satisfied with the results of this discussion, the employee shall set forth the grievance in a written statement to the clerk. The statement shall describe the problem and the action which the employee feels should be taken to alleviate the grievance. The clerk shall acknowledge receipt of the statement, in writing, within three working days.

2. The clerk shall set a date for hearing and a hearing will be conducted on the merits of the matter as soon thereafter as may be practicable, but not more than 10 days after the grievance is reported to the manager. The hearing procedure shall be informal. Technical rules regarding evidence and witnesses do not apply. Witnesses shall be encouraged to express themselves freely without fear of intimidation or reprisal. The employee asserting the grievance may be accompanied by a representative of the employee’s choosing. Only evidence presented at the hearing shall be considered.

3. The manager shall file a report containing the manager’s findings and decision within three calendar days after the hearing has been closed. A copy of the report shall be furnished to the employee. The manager shall then act in accordance with the decision.

4. An employee may thereafter pursue any right the employee may have to obtain a judicial adjudication of the matter.

B. Any borough officer and any borough employee reporting directly to the manager who has a grievance relating to the person’s position, working conditions or employment shall be offered the opportunity to be heard in the following manner:

1. The borough officer or borough employee reporting directly to the manager shall first discuss the grievance with the manager. If the person is not satisfied with the results of this discussion, the borough officer or borough employee shall set forth the person’s grievance in a written statement to the manager. The statement shall describe the problem and the action which the person feels should be taken to alleviate the grievance. The manager shall reply to the statement, in writing, within three working days.

2. If the borough officer or borough employee is not satisfied with the reply or the results obtained from the manager, the person may submit the statement to the clerk.

3. Upon receipt of the statement, the clerk shall inform the borough assembly of the grievance. The assembly shall set a date for the hearing and a hearing shall be conducted on the merits of the matter as soon thereafter as may be practicable, but no more than 21 days after the grievance is reported to the assembly. The hearing procedure shall be informal. Technical rules regarding evidence and witnesses do not apply. Witnesses shall be encouraged to express themselves freely without fear of intimidation or reprisal. The borough officer or borough employee asserting the grievance may be accompanied by a representative of the person’s choosing. Only evidence presented at the hearing shall be considered.

4. The borough assembly shall file a report containing its findings and recommendations within three calendar days after the hearing has been closed. A copy of the report shall be furnished to the borough officer or the borough employee.

5. The borough officer or borough employee may thereafter pursue any right which the person may have to obtain a judicial adjudication of the matter.

2.94.030 Appeal of dismissal, demotion, or suspension over 30 days.

A. An employee appointed to fill a part-time or permanent position who is dismissed, demoted, or suspended for more than 30 days by the department head or manager may appeal such action by filing a written notice of appeal with the clerk within 15 days of receipt of the notice of dismissal, demotion or suspension. The clerk shall set a time and place for a hearing on the appeal to be held no less than 10 or more than 30 days from the date of notice. The hearing shall be before the personnel committee and conducted in the manner provided in HBC 2.94.020(A) except that the personnel committee shall file a report containing its findings and decision within three calendar days after the hearing has been closed. A copy of the report shall be furnished to the employee. The manager shall then act in accordance with the decision. An employee may thereafter pursue any right the employee may have to obtain a judicial adjudication of the matter. If the employee is restored to the employee’s former status, the employee shall be paid salary and receive all other benefits as if the employee had not been suspended, dismissed or demoted.

B. A borough officer appointed to fill a permanent position who is dismissed, demoted, or suspended for more than 30 days by the borough assembly may appeal such action of the assembly by filing a written notice of appeal with the clerk within 15 days of receipt of the notice of dismissal, demotion or suspension. The assembly shall set a time and place for a hearing on the appeal to be held no less than 10 or more than 30 days from the date of notice of the suspension. The hearing shall be before a quorum of the assembly and conducted in the manner provided in HBC 2.94.020(B). The decision of the assembly shall be in writing and delivered to the borough officer. If the borough officer is restored to the officer’s former status, the officer shall be paid salary and receive all other benefits as if the officer had not been suspended, dismissed or demoted.