New York General Municipal Law
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.