§ 36-5. Procedure for filing complaint of alleged retaliatory personnel action.

A. 

Where an official or employee of the Town of Hempstead is subject to dismissal, or other retaliatory personnel action, and the official or employee reasonably believes that such dismissal or other retaliatory personnel action would not have been taken but for the official's or employee's release of any information constituting a protected disclosure, the official or employee may file a complaint with the Town Attorney or the Town Supervisor within 15 days of the alleged prohibited retaliatory personnel action or dismissal.

B. 

The Town Attorney, or his/her designee, or the Town's outside investigator where the Town Attorney has a conflict of interest, shall immediately initiate and coordinate a thorough and impartial investigation of any complaint filed pursuant to Subsection A above. Upon receipt of a complaint made to the Town Supervisor, he/she shall notify the Town Attorney or the appropriate law enforcement agency having jurisdiction.

C. 

Where an employee is subject to dismissal or other disciplinary action under a final and binding arbitration provision, or other disciplinary procedure contained in the collective bargaining agreement, or under § 75 of the New York Civil Service Law or any other provision of state or local law and the employee reasonably believes dismissal or other disciplinary action would not have been taken but for the official's or employee's release of any information constituting a protected disclosure under § 36-3 of this chapter, he or she may assert such as a defense before the designated arbitrator or hearing officer. The merits of such defense shall be considered and determined as part of the arbitration award or hearing officer decision of the matter. If there is a finding that the dismissal or other disciplinary action is based solely on a violation by the employer of such section, the arbitrator or hearing officer shall dismiss or recommend dismissal of the disciplinary proceeding, as appropriate, and, if appropriate, reinstate the employee with back pay, and, in the case of an arbitration procedure, may take other appropriate action as is permitted in the collective bargaining agreement.

D. 

Where an employee is subject to the collective bargaining agreement which contains provisions preventing the Town from taking adverse personnel actions and which contains a final and binding arbitration provision to resolve alleged violations of such provisions of the agreement and the employee reasonably believes that such personnel action would not have been taken but for the conduct protected under § 36-3 of this chapter, he or she may assert such as a claim before the arbitrator. The arbitrator shall consider such claim and determine its merits and shall, if a determination is made that such adverse personnel action is based on a violation by the employer of such subdivision, take such action to remedy the violation as is permitted by the collective bargaining agreement.

E. 

Where an employee is not subject to any of the provisions of Subsection C or D of this section, the employee may commence an action in a court of competent jurisdiction under the same terms and conditions as set forth in Article 20C of the labor law.