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:
CLERK
The Town Clerk for the Town of Barton.
DAYS
Calendar days, excluding legal holidays as defined in § 995.20,
Wis. Stats.
DISCIPLINE
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.
HEARING OFFICER
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.
TERMINATION
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.
TOWN
The Town of Barton located in Washington County, State of
Wisconsin.
WORKPLACE SAFETY
Any alleged violation of any standard established under state
law or federal law or regulation relating to workplace safety.
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. A statement of the date the meeting between the employee and supervisor
or Town Chair was held.
B. A decision as to whether the grievance was resolved or remained in
dispute.
The hearing officer's written decision must contain:
A. A statement of pertinent facts surrounding the nature of the grievance;
B. A decision as to whether the grievance is sustained or denied; and
C. A statement outlining the timeline to appeal the decision.
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.
If an appeal of the hearing officer's written decision is taken by an aggrieved party, the Town Board shall follow the procedures provided under §
54-6, and the written decision of the Town Board shall follow the same requirements under §
54-7.