[Ord. 228, 2005]
The tenure for all employees in the Village shall be continuous
during productive behavior as evidenced by satisfactory performance
appraisal reports. However, this provision shall not be interpreted
to prevent the layoff of an employee by the Village, or termination
for cause, or abolition of positions for lack of funds or curtailment
of work.
[Ord. 228, 2005]
The Village may, at any time, eliminate a position or positions
as the result of the Village's determination that insufficient
funding exists for the position, the position is no longer needed,
or that the position should be eliminated as the result of a reorganization.
The Village's determination that grounds exist for a reduction
in force shall be determinative as to that issue.
[Ord. 228, 2005]
No employee shall be laid off or reduced in classification in
lieu of layoff until the employee has been given written notice, personally
or by mail, of the date upon which the layoff or the reduction in
classification will be effective and the reasons for the action. No
layoff or reduction in classification due to reduction in force shall
be affected without prior approval of the governing body.
[Ord. 228, 2005]
In the event that the Village department head determines to
seek dismissal of a regular employee, the department head shall proceed
according to the following procedures:
A. Written Notification.
1. The department head shall present the employee with written notification
of the intent to suspend, demote, or dismiss at least five working
days in advance of the proposed action. The notification shall state
the reasons for the proposed action, the employee's right to
invoke the grievance procedures in this chapter and time, date and
location of the predisciplinary hearing.
2. In cases where Village property, other employees or citizens are
at risk because of the employee's actions, the department head,
with the approval of the Village attorney or Village President may
put the employee on administrative leave with pay while the appropriate
action is contemplated and until the pre-disciplinary hearing is held.
3. The written notice must:
a.
Document the date and time of the predisciplinary meeting;
b.
Identify the specific allegation;
c.
Specify the recommended corrective disciplinary action, if any,
to be taken;
d.
Specify the effective date of the dismissal, demotion, or suspension,
which must be at least seven calendar days after the date of the written
notice;
e.
Inform the employee that the corrective-disciplinary action
may be appealed to the Village Board, in writing, within 15 calendar
days of the effective date for the dismissal, demotion or suspension;
and
f.
Be delivered personally to the employee or by certified mail,
with return receipt requested, to the employee's last address
on record.
4. The pre-disciplinary hearing shall be held before the Village attorney
or Village President. The employee shall have the grounds and the
proposed action explained to him or her and shall have the right to
respond. Such hearing will be held, whether or not the employee participates
in the hearing. Upon the conclusion of the hearing, a Corrective Disciplinary
Action Report shall be prepared and given to the employee, either
personally or by certified mail, return receipt requested, to the
employee's last address of record.
5. In the event that the proposed discipline or other corrective discipline
is imposed, the employee shall be informed that he or she has the
right to file a grievance for hearing before the grievance hearing
officer. Such grievance must be filed within seven calendar days from
the date of the receipt of the Corrective Disciplinary Action Report.
[Ord. 228, 2005]
In processing the grievance, the following procedure shall apply:
A. The employee shall submit, in writing, his or her grievance in regard
to a violation of the Village ordinances, rules and regulations within
10 calendar days of the initial act to the Village President or Village
attorney.
B. After receipt of the written grievance, the Village President or
Village attorney shall meet with the grievant, respondent, or other
persons within 10 days, if necessary, in an effort to resolve the
grievance.
C. If the grievance has been resolved to the satisfaction of the grievant,
this concludes the procedure at this point.
D. If the grievance is not resolved to the satisfaction of grievant,
the grievant shall request a hearing before the grievance hearing
officer. Such request must be in writing and submitted to the Village
Clerk within 10 days of the meeting with the Village President or
Village attorney. Failure to make such a request within the time limit
shall be considered a withdrawal of the grievance.
E. Appointment of the Grievance Hearing Officer.
1. The grievance hearing officer is appointed by the Village President,
with the approval of the Village Board and will be appointed within
30 days of the date the request for a hearing officer was submitted.
F. Responsibilities of the Grievance Hearing Officer.
1. The grievance hearing officer conducts a formal hearing, which shall
consist of interviews with the grievant, respondent, any witnesses,
or review of documents or materials relevant to the grievance. Hearing
is taped and the office maintains the tapes.
2. The hearing must be conducted within 60 days of the date the hearing
officer is appointed and does not have to follow the "Rules of Evidence"
as used in courts of law; however, the hearing officer may limit testimony
that is irrelevant or unduly repetitious. If the failure to hold the
hearing within 60 days is a result of delay attributable to the grievant,
the hearing officer may deny the grievance.
3. The decision as to allow or disallow testimony will be made by the
hearing officer. The hearing officer will rule on whether evidence
or exhibits may be admitted into the record and on any motions or
objections made. Once the hearing officer has ruled on an issue in
question, no further argument on the issue will be allowed.
4. Each party to the grievance shall present a statement of his or her
case and explanation to the hearing officer.
5. Witnesses pertinent to the grievance may be called and will be sworn
in by the hearing officer prior to giving testimony. Witnesses will
identify themselves for the records, giving their names, addresses,
and any other information that may be pertinent to the grievance.
After a witness has testified, the hearing officer shall permit the
opposing party to the grievance to examine the witness.
6. If the grievant has grieved an adverse employment action, the Village
shall have the burden of sustaining the action by a preponderance
of evidence standard. For any other grievance, the grievant shall
have the burden of proving the grievance by a preponderance of the
evidence.
7. The hearing officer will prepare findings of fact and submit the
findings and a decision in writing to the Village President and board
(within 10 calendar days after the conclusion of the hearing).
8. The decision rendered by the grievance hearing officer is final.
Upon receipt of the decision, the Village President shall notify the
department head who shall notify the grievant or his or her representatives
and the respondent, if any.