[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]
A.
The employment relationship shall terminate in the instance of an
employee who resigns or is absent from work without cause.
B.
An employee who resigns shall be ineligible for severance payments
unless they resign in writing to the department head at least two
weeks in advance. The original letter of resignation shall be forwarded
to the department head. The department head may waive the two-week
requirement.
C.
The Village may terminate an employee if they have been absent for
more than three working days without a valid excuse, or if they have
been absent without excuse more than four days in a twelve-month period
without excuse.
[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]
B.
Whenever there are two or more regular employees in the classification
from which a layoff is to be made, the most least senior employees
in the classification shall be the first to be laid off.
C.
Determination of Seniority. Seniority constitutes length of certified
status within a classification of the classified service.
1.
When two or more employees have the same length of time in the classification,
the employee with the longest certified Village employment shall be
the senior.
2.
If a tie still exists, the employee with the least amount of leave
of absence without pay (excluding leave of absence due to sickness,
injury or military service) shall have the greatest amount of seniority.
[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]
B.
Ordinarily, discipline shall start with an oral reprimand. However,
more serious infractions may be disciplined by initial resort to a
more serious level of discipline, including termination. The overall
goal of discipline shall be to induce the employee to perform properly.
Some infractions are so serious that it is appropriate to start at
the suspension level because one repetition of the infraction would
be grounds for discharge. Some infractions are so serious that termination
is warranted for a single instance of misconduct. The supervisor shall
use his or her judgment, considering the need to protect the Village's
interests as well as the likelihood that the employee can become a
productive employee through corrective action.
C.
All discipline, including oral reprimands, shall be documented on
a form prescribed by the Clerk. No department head may terminate an
employee without first consulting with the Village attorney or Village
President.
D.
Except in the case of discipline imposed for sexual harassment, discrimination
in the workplace or violations whose correction require more than
one year, if after one year the employee has shown improvement, the
documentation of the oral reprimand may be removed from his or her
personnel file upon the employee's request. Such requests should
be made and approved by the respective department head. In a similar
manner, after three years the employee may request that a written
reprimand be removed from his or her personnel file.
[Ord. 228, 2005]
A.
An employee in temporary, probationary or emergency status may be
dismissed, suspended or demoted for any reason the department head
deems appropriate.
B.
A regular employee may be dismissed, demoted or suspended only for
cause. Cause includes but is not limited to:
1.
Violation of or failure to comply with the federal or state constitution,
statutes, or Village rules and regulations and Village ordinances;
2.
Careless, negligent, or improper use of Village property, equipment
or funds;
3.
Failure to comply with or accept a reasonable proper order/assignment
from an authorized supervisor;
4.
Inability to perform job requirement after repeated attempts to correct
the lack of performance;
5.
Disorderly conduct or threats or abuse of another, including fighting
on the job, intimidation or bullying;
6.
Chronic tardiness;
7.
Use of undue influence to attempt to gain promotion, favorable leave
assignment, or other individual benefit or advantage;
8.
Unauthorized absence or leave;
9.
Failure to obtain and maintain a current license or certificate that
is a condition of employment;
10.
Intentional falsifications or mishandling of Village records
or documents (written or electronic);
11.
Illegal use, sale, or possession of alcohol or illegal drugs,
or being under the influence of such substance while on duty;
12.
Sexual harassment or physical or mental intimidation of any
person;
13.
Action, which reflects negatively upon the integrity of the
Village;
14.
Inability or failure to perform the duties of the job or to
work with supervisors and fellow employees in a cooperative, harmonious
manner;
15.
Refusal to submit to a drug and/or alcohol test where probable
cause exists to believe the employee may be under the influence, or
has been involved in a motor vehicle or other accident causing a loss
of work time injury or injury to a member of the public.
[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]
A.
If the department head believes that it would be in the interest
of the Village for the dismissal, demotion or suspension of a regular
employee to be effective immediately, the department head may make
a written request to the Village attorney or Village President for
a waiver of the required notices.
1.
After a pre-disciplinary interview is conducted and while a written
request is being made, the employee may be placed on administrative
leave or reassigned duties and responsibilities, pending approval
by the Village President.
2.
The Village attorney or Village President may grant a waiver of the
notice time periods.
B.
The department head shall present written notice to the employee
or send a written notice by certified mail, with return receipt requested,
informing the employee of the waiver of notice periods.
[Ord. 228, 2005]
A.
Purpose. The purpose of this procedure is to secure, in an atmosphere
of courtesy and cooperation, an equitable solution to personnel matters,
employment practices, or job related conflicts that may arise.
B.
Jurisdiction.
1.
All nonrepresented regular or term-grant funded, nonprobationary
employees within the Village are afforded the right to utilize the
grievance procedure.
2.
Hearings of the hearing officer or governing body on personnel matters
shall be closed pursuant to the Open Meetings Law, Sec. 19.81. Wis.
Stats provided that this section shall not be construed as to exempt
final actions on personnel from being taken at an open public meeting;
nor shall it preclude an aggrieved employee from demanding a public
hearing.
3.
When two or more appeals by an employee are filed which require investigations
of a common question of law or fact arising out of the same circumstances,
the Village President may consolidate them into one grievance. The
informal grievance process shall remain confidential.
C.
Grievances must be filed within 10 days of the date of the action-giving
rise to the grievance.
D.
A grievance is a written complaint that alleges an employee has been
disciplined or discharged without cause.
E.
Rights. At any stage during the presentation of the complaint, including
the counseling stage, the grievant shall be free from restraint, interference,
coercion, discrimination, or reprisal and shall have the right to
be accompanied, represented, and advised by a representative of his
or her own choosing.
F.
Relevant Facts.
1.
The grievance must contain, at a minimum, the following defined facts:
a.
The date on which the alleged violation of the Village personnel
ordinance or rules and regulation took place.
b.
The specific violation of the Village Personnel Manual or Rules
and Regulations about which the complaint is made.
c.
Facts and other pertinent information to support the allegations.
d.
The remedial action sought by the grievant.
2.
The lack of complete information at the time of filing shall not
constitute grounds for refusal to accept a grievance, but may constitute
grounds for denial of the grievance.
[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.
