[HISTORY: Adopted by the Town Board of the Town of Barton 9-27-2011 by Res. No.
11-004. Amendments noted where applicable.]
This grievance procedure is adopted pursuant to § 66.0509(1m),
Wis. Stats., as amended, and is intended to provide a timely and orderly
review of disputes regarding:
As used in this chapter, the following terms shall have the
meanings indicated:
The Town Clerk for the Town of Barton.
Calendar days, excluding legal holidays as defined in § 995.20,
Wis. Stats.
Any employment action that results in disciplinary suspension
without pay, disciplinary reduction in pay or other benefits, disciplinary
demotions and terminations. The term "discipline" does not include
verbal notices or reminders, written reprimands, performance evaluations,
documentation of employee acts and/or omissions in an employment file,
nondisciplinary demotions, nondisciplinary adjustments to compensation
or benefits, actions taken to address job performance such as establishment
of a performance improvement plan or job targets, placing an employee
on paid leave pending an internal investigation, or other personnel
actions taken by the employer for nondisciplinary reasons.
The impartial hearing officer required pursuant to § 66.0509(1m)(d)2,
Wis. Stats. The hearing officer selected by the Town Board shall be
a retired judge who is a member of the Washington County Bar Association
or a licensed attorney approved by the Town Board to act as the hearing
officer for the employee grievance. The hearing officer shall not
be an employee of the Town of Barton.
A discharge from employment for rule violations, poor performance,
acts detrimental to the employer or other acts of misconduct. The
term "termination" does not include a voluntary quit, completion of
seasonal employment, completion of temporary assignment, completion
of contract, layoff or failure to be recalled from layoff at the expiration
of the recall period, retirement, job abandonment or other failure
to report to work, or termination of employment due to medical condition,
lack of qualification or license, or any other cessation of employment
not involving involuntary termination.
The Town of Barton located in Washington County, State of
Wisconsin.
Any alleged violation of any standard established under state
law or federal law or regulation relating to workplace safety.
A.
The employee must file a written grievance with the Town Clerk within
10 days of the termination, discipline or actual or reasonable knowledge
of the alleged workplace safety issue. So that an earnest effort can
be made to resolve the matter informally, the employee should discuss
the issue with his/her immediate supervisor, if there is one; if not,
the employee shall discuss the matter with the Town Chair, prior to
filing the written grievance. However, in the case of a termination,
such a meeting is not required. Grievance forms may be obtained from
the Clerk. The Town Clerk shall inform the employee's immediate supervisor
and the Town Chair about receipt of the written grievance as soon
as practicable.
B.
The employee's immediate supervisor or Town Chair will meet with
the employee within 10 days of receipt of the written grievance. The
supervisor, or Town Chair if there is no immediate supervisor, will
provide the employee with a written response to the employee's grievance
within 10 days of the meeting. A copy of the written response shall
be filed in the Clerk's office and copied to the employee.
C.
If the employee is not satisfied with the response, the employee
may request a hearing with the hearing officer by filing a written
request with the Town Clerk within 10 days of receiving the written
response. The Town Clerk shall notify the Town Chair and employee's
supervisor, if there is one, about the filing of the request for a
hearing as soon as practicable, but not less than 31 days after the
request. The Town will work with the hearing officer and employee
to schedule a mutually agreeable hearing date.
D.
The hearing officer shall provide the employee and employee's supervisor
and Town Chair with a written decision no later than 30 days after
the hearing date. The hearing officer shall also provide the Town
Clerk with a copy of the decision for filing in the Clerk's office.
E.
Any aggrieved party may file a written request with the Town Clerk
for an appeal to the Town Board within 10 business days of receipt
of the hearing officer's decision. The Clerk shall notify the Town
Chair about the request as soon as possible. The Town Board shall
hear and decide the matter and issue a written decision within 60
days of the filing of the appeal with the Clerk. The Town Board may
sustain, deny, or modify the recommendation of the hearing officer.
The decision of the Town Board shall be final and binding. A copy
of the Town Board's decision shall be provided to the employee and
filed in the Town Clerk's office.
F.
All timelines may be extended by mutual written agreement of the
Town Board and employee. Without such agreement, a failure of the
employee to adhere to any of the specified timelines shall preclude
any further consideration of the grievance.
G.
If the last day on which an event is to occur is a Saturday, Sunday
or legal holiday, the time limit is extended to the next day which
is not a Saturday, Sunday or legal holiday. A grievance or request
for an appeal is considered timely if received by the Town Clerk during
normal business hours or if postmarked by 11:59 p.m. on the due date.
The employee written grievance must contain:
A.
A statement of the pertinent facts surrounding the nature of the
grievance;
B.
The date the incident occurred or the date the alleged workplace
safety concern was discovered;
C.
The steps taken to informally resolve the grievance, the individuals
involved in the attempted resolution, and the results of such discussion;
D.
The specific remedy requested; and
E.
A description of the workplace safety rule alleged to have been violated,
if applicable.
The Supervisor's or Town Chair's written response to the employee's
written grievance must contain:
A.
The hearing officer shall define the issues, identifying areas of
agreement and identifying the issues in dispute, and hear evidence
and arguments. The hearing officer will determine whether the Town
acted in an arbitrary and capricious manner. A decision will not have
been arbitrary or capricious if it was made in the best interest of
the Town. In all cases, the employee shall have the burden of proof
to support the grievance. This process does not involve a hearing
before a court of law; thus, the rules of evidence will not be strictly
followed. However, no factual findings may be based solely on hearsay
evidence.
B.
The hearing officer may require the employee and Town to submit materials
related to the grievance and witness lists in advance of the hearing
in order to expedite the hearing. The hearing officer shall sustain
or deny the decision of the Town. Within 30 days after the hearing,
the hearing officer will issue a decision in writing indicating the
findings and reasons for the decision.
C.
If the hearing officer's decision on any grievance is appealed, only
the issues raised in the hearing may be appealed.
The hearing officer's written decision must contain:
Both the employee and the Town may be assisted by a representative
of their own choosing at any point during the grievance process.
The employee or the hearing officer may consolidate grievances
where a reasonable basis for consolidation exists.
Any expense incurred by an employee in investigating, preparing,
or presenting a grievance shall be the sole responsibility of the
employee. Each party, employee and the Town shall bear its own costs
for witnesses and all other out-of-pocket expenses, including possible
attorney fees. The fees of the hearing officer shall be divided equally
between the parties, with the employee(s) paying half and the Town
paying the other half. The fees of the hearing officer will be determined
on a case-by-case basis. The hearing officer may demand an advancement
of fees, and no hearing shall take place until such advanced fee is
paid equally by the Town and the employee.
