§ 39-8. Procedure for processing discrimination grievances.

(1)

General.

(a)

It is the intent of this procedure to promote and provide for a mutually satisfactory procedure for the peaceful settlement of discrimination grievances from any city of Syracuse employee.

(b)

Every employee shall have the right to present his or her grievance to the city free from interference, coercion, restraint, discrimination or reprisal.

(c)

The time limits set forth in this procedure are of the essence. They may, however, be extended by mutual written agreement between the grievant and the director of personnel and labor relations or an authorized designee. Failure by the grievant to proceed within the time limit set forth shall terminate the grievance at that step. Failure by the city to answer within the time limit set forth will advance the grievance to the immediate next step of the procedure, upon written notice to the employer representative at the next step of the grievance procedure.

(d)

An employee or applicant may pursue a grievance through the city of Syracuse grievance procedure only as a complaint of discrimination in employment based on race, color, sex, religion, creed, age (18 and over), marital status, national origin, disability, arrest record, criminal conviction, or Vietnam Era veteran status. The employee or applicant may pursue a grievance under only one of the aforementioned categories. Each specific and separate grievance filed may be initiated only once through city grievance procedures, and no discrimination grievance already filed and resolved through an employee union contract procedure can be initiated through the city grievance procedure. This procedure is also applicable to the filing of complaints under Section 504 of the Rehabilitation Act of 1973.

(e)

This procedure and its use does not supersede or interfere with the right of employees to file complaints with employee organizations, the City-County Human Rights Commission, New York State Division of Human Rights, Equal Employment Opportunity Commission, the U.S. Department of Labor or any other regulating agencies as may be appropriate. Nor does its use extend or change the time limits established by these agencies for the filing of complaints.

(2)

Definitions. As used herein, the following terms shall be defined as follows:

(a)

City shall mean the city of Syracuse government.

(b)

Employee shall mean any person employed by the city of Syracuse on a full-time permanent basis, including provisional employees.

(c)

Applicant shall mean any person applying for a vacant position in a city department or office, except applicants for temporary or seasonal positions.

(d)

Immediate supervisor shall be that person of the next higher level of authority, regardless of title, who normally assigns, supervises, evaluates and approves the employee's work. The city may designate the immediate supervisor in a particular department if it so desires.

(e)

Department head means the person who is appointed by the mayor to supervise the functions assigned to his/her department or office.

(f)

Authorized designee means the person so designated by the department head within his or her department, division, bureau and/or other administrative unit for the purpose of handling grievances.

(g)

Discrimination grievance means a claimed violation in terms of conditions of employment of any nondiscrimination law and/or regulation applicable to the city, the prohibitions of which include, but are not necessarily limited to, unlawful discrimination based on race, color, sex, religion, creed, age (18 to 70), marital status, disability, arrest record, criminal conviction, or Vietnam Era veteran status.

(3)

Procedure.

Step 1:

(a)

Any grievance under this procedure between any employee(s) and the city shall be initiated in the first instance by the employee(s) involved with the immediate supervisor, or in the case of an applicant with an authorized designee.

A grievance submitted in writing shall be answered in writing within ten (10) work days from the time the grievance was received by the supervisor or authorized designee.

(b)

A grievance shall not be initiated later than ten (10) working days after the grievant becomes aware of the act, occurrence or event constituting the alleged grievance. Such limitation can be raised at any step of the grievance procedure.

Step 2:

(a)

In the event that the grievance is not resolved at Step 1 the aggrieved employee or applicant may request in writing within ten (10) working days from the date of the answer in Step 1 a review of the alleged grievance with the department head or his or her authorized designee, whichever is applicable.

(b)

The department head or his or her authorized designee shall, within ten (10) working days following said request, schedule a review of the matter at which time the aggrieved employee or applicant may appear and present oral and written statements. Thereafter the department head shall answer in writing within ten (10) working days from the date of the meeting.

Step 3:

In the event that the grievance is not resolved at Step 2, the aggrieved employee or applicant may appeal in writing to the city personnel director or his/her authorized designee within ten (10) working days from the date of Step 2 answer. Thereafter, the personnel director or an authorized designee shall schedule and conduct a meeting at a mutually agreeable time after receipt of the notification from Step 2, which shall be attended by the aggrieved employee or applicant, the personnel director or an authorized designee, and the affirmative action officer. Within ten (10) working days after the conclusion of the Step 3 meeting, the personnel director or an authorized designee shall render a decision in writing resolving the matter.

Copies of the determination shall be sent to all parties, together with a notification of the grievant's rights of appeal when appropriate.

Step 4:

All records pertaining to any grievance shall be kept by the city of Syracuse for a period of three (3) years from the date of decision. These records shall be available to any federal agency providing funds to the city should an investigation into alleged discrimination be initiated.

(Gen. Ord. No. 37-1985, 7-29-85)