§ 46-34. Steps.

(a)

Grievances as defined in this article shall be processed in the following manner:

(1)

Step 1. An employee who has a grievance shall discuss the problem with his immediate supervisor within 30 calendar days after the event giving rise to the grievance. The grievance may be presented orally with the objective of resolving the matter informally. The immediate supervisor shall give the employee an answer within five workdays of the time the grievance is presented to him and shall report the result to his immediate supervisor. In all cases the supervisor shall make a record of the grievance presented.

(2)

Step 2. If the grievance is not settled by the immediate supervisor to the satisfaction of the aggrieved employee, the grievant may file a written notice to his department head within five working days of receipt of the answer of the immediate supervisor, setting forth the facts on which the grievance is based. The department head shall hear the appeal within five workdays of receipt of the written grievance and give a written answer within five workdays of the hearing. If the immediate supervisor is the department head, steps 1 and 2 are consolidated into a single step.

(3)

Step 3. If the grievant is not satisfied with the decision of the department head, he may within five workdays file a written appeal with the town manager, who shall act as the town manager and shall hear his appeal within five workdays. With the exception of this third management step, the only persons who may be present in the management step meetings are the grievant, the appropriate manager at the level at which the grievance is being heard, and appropriate witnesses for each side. At the third and final management step, however, the grievant, at his option, may have present a representative of his choice, and if the grievant is represented by legal counsel, management likewise has the option of being represented by counsel.

(4)

Step 4. If the town manager's response does not resolve the grievance, the grievant may proceed with the grievance by requesting qualification for a panel hearing. The request shall be made in writing to the town council within five working days of receipt of the step 3 response. The town manager shall respond to this request within five working days of receipt of the request. If the town manager does not qualify the grievance for a panel hearing, the grievant may appeal that decision to the circuit court of the county, as provided in section 46-28 pertaining to resolution of grievability; qualification for a panel hearing. Such appeal by the grievant shall be made within five working days of receipt of the decision of nonqualification. If the town manager qualifies the grievance for a panel hearing, the town manager shall convene a panel within seven working days of receipt of the request for a panel hearing.

(b)

The panel shall be composed of three members chosen as follows: one member appointed by the grievant, one member appointed by the town manager, and a third member elected by the first two members. If that agreement cannot be reached as to the final panel member, the chief judge of the 26th judicial circuit shall select such third panel member. The decision of such panel shall be final and binding and consistent with law and written policies. In all cases, the third member shall be chairperson of the panel.

(c)

Such panel shall not be composed of any persons having direct involvement with the grievance being heard by the panel or with the complaint or dispute giving rise to the grievance. Managers who are in a direct line of supervision of a grievant and the following relatives of a participant in the grievance process or a participant's spouse are prohibited from serving as panel members: spouse, parent, child, descendants of a child, sibling, niece, nephew and first cousin. No attorney having direct involvement with the subject matter of the grievance nor a partner, associate, employee or co-employee of such an attorney shall serve as a panel member. The town shall not be required to have an administrative hearing officer in employee termination cases, but may do so at its option.

(d)

The panel shall set the time for the hearing, which shall be as soon as practicable, but no more than ten full workdays after the panel has been selected, and notify the employee.

(e)

The panel may determine its own procedure for conduct of the hearing, in accordance with the rules for the conduct of panel hearings, as promulgated by the state department of employee relations counselors and incorporated in this article, and further providing that it shall afford full and equal opportunity to all parties and witnesses for presentation of any material or relevant proofs. The panel, however, has the specific and final authority to determine the propriety of attendance at the hearing of all persons not having a direct involvement in the hearing, provided that at the request of the grievant, the hearing shall be private.

(f)

The decision of the panel shall be filed in writing by the panel chairman with the town clerk within ten workdays of the final hearing, with copies to the mayor, the grievant, and the grievant's immediate supervisor and/or department head. The facts found and the reasons for the panel's decision must be set forth therein.

(g)

If a written request to reconsider the panel decision is submitted by either party within five workdays of receipt of the decision, the panel, by a majority vote, may elect to review its decision and/or reopen the hearing for good cause shown.

(h)

The town manager shall implement any remedy to the extent that it is consistent with the provisions of law and written policies. If either party believes the panel decision not so consistent, he shall inform the panel and the other party within five workdays of receipt of the decision. Either party may petition the circuit court for an order requiring implementation of the panel decision.

(i)

The question of whether a panel decision is consistent with written policy shall be determined by the town manager unless such person has a direct involvement with the grievance, in which case the decision shall be made by the attorney for the commonwealth of the jurisdiction in which the grievance is pending.

(Ord. of 10-14-1997, § IX)

(Ord. of 10-14-1997, § IX)