This formal disciplinary action appeal procedure applies to
the suspension, involuntary demotion, and dismissal of regular employees.
A. Written notification. The Clerk/Administrator shall present the employee
with written notification of intent to suspend, demote or dismiss
at least three working days in advance of the proposed action. The
written notification shall explain the reasons for the proposed action,
the employee's right to a pre-disciplinary hearing, and contain
the scheduled time and place of the pre-disciplinary hearing. The
notification shall be hand-delivered to the employee, receipt of which
shall be acknowledged by the employee. If the employee refuses the
notification, the Village shall cause the notice to be hand delivered
to the employee's residence or mailed by certified mail to the
employee's preferred mailing address. The pre-disciplinary hearing
shall not be set less than three working days after the hand delivery
of the notice.
B. Immediate suspension. In cases where Village property, other employees,
or citizens are at risk because of the employee's actions, the
department head, in consultation with the Clerk/Administrator, shall
put the employee on administrative leave with pay while the appropriate
disciplinary action is contemplated and until the pre-disciplinary
hearing is held and the decision is rendered.
An employee shall pursue appeals according to the rules contained
herein.
A. Request for pre-disciplinary hearing. Within two working days of
the receipt of the disciplinary notice, the employee is required to
notify the Clerk/Administrator, in writing, and advise whether or
not the employee will participate in the pre-disciplinary hearing.
The time, place, and date of the pre- disciplinary hearing can be
rescheduled upon the written agreement of the parties.
B. Pre-disciplinary hearing procedure. The Mayor shall meet with the
employee and the Clerk/Administrator at the appointed time. At this
pre-disciplinary hearing, the employee shall have the opportunity
to respond to the proposed disciplinary action. The parties may be
represented by counsel at the pre-disciplinary hearing at their own
expense and may call witnesses and introduce evidence at said hearing.
The Mayor may request that the Village Attorney be present for any
such hearing.
C. Pre-disciplinary hearing decision. The Mayor will issue a decision
in writing within three working days of the hearing. The written decision
shall include the time, date, and location of the meeting; persons
present and the determination. The written decision shall either be
delivered directly to the employee (obtaining employee's signature
of receipt of the decision) or be sent by certified mail, return receipt
requested. The employee has a right to appeal the decision to the
Village Personnel Board.
D. Effect of decision. Demotions and suspensions will become effective
at the time that the pre-disciplinary hearing decision is issued.
A dismissal appealed by an employee will not become effective until
the Village Council approves the dismissal following a post-disciplinary
hearing.
With respect to those conditions which an employee wishes to
appeal, but which are not subject to the formal disciplinary action
procedure set forth in Sections 8.1 through 8.4, the employee shall
discuss the problem with the department head in an attempt to work
out a solution. Included in this type of appeal are complaints charging
discrimination based on race, color, religion, sex, age, national
origin, physical or mental handicap, or medical condition. If the
employee is not satisfied with the proposed solution, the employee
may address the problem to the Clerk/Administrator, whose decision
shall be final.