Village of Footville, WI Chapter 52 Grievance Procedure

[HISTORY: Adopted by the Village Board of the Village of Footville 9-1-2011 by Ord. No. 09111. Amendments noted where applicable.]

§ 52-1 Discipline; disciplinary actions.

A. "Discipline" may result when an employee's actions do not conform with generally accepted standards of good behavior, when an employee violates a policy or rule of the Village, when an employee's performance is not acceptable or when the employee's conduct is detrimental to the interests of the Village.

(1) Discipline may consist of any of the following four steps:

(a) Verbal warning;

(b) Written warning;

(c) Suspension (with or without pay); or

(d) Termination of employment.

(2) Discipline shall not include the following actions:

(a) Placing an employee on paid administrative leave pending an internal investigation;

(b) Counseling, meetings or other pre-disciplinary action;

(c) Actions taken to address work performance, including use of a performance improvement plan or job targets;

(d) Demotion, transfer or change in job assignment; or

(e) Other personnel actions taken by the employer that are not a form of progressive discipline.

(3) "Termination" shall not include the following personnel actions:

(a) Voluntary quit;

(b) Layoff or failure to be recalled from layoff at the expiration of the recall period;

(c) Retirement;

(d) Job abandonment, "no-call, no-show," or other failure to report to work; or

(e) Termination of employment due to medical condition, lack of qualification or license, or other inability to perform job duties.

B. The type of discipline to be imposed will depend upon the nature of the conduct involved and the employee's disciplinary history. When appropriate, any one of the four types of discipline described above, including termination of employment, may be imposed, irrespective of whether a less severe type of discipline has been imposed in the past. The Village reserves the right, in its sole discretion, to impose discipline as may be appropriate in the particular circumstances.

§ 52-2 Workplace safety.

"Workplace safety" is defined as conditions of employment affecting an employee's physical health or safety; the safe operation of workplace equipment and tools; safety of the physical work environment; the availability and effectiveness of personal protective equipment; workplace violence and training related to all of the foregoing.

§ 52-3 Grievance procedure generally.

A. This grievance procedure is intended to comply with § 66.0509, Wis. Stats., and to address issues involving workplace safety and discipline, including termination. This procedure applies to all Village employees covered under § 66.0509, Wis. Stats., other than police and fire employees subject to § 62.13(5), Wis. Stats. An employee may invoke this grievance procedure in the event any of the four steps of progressive discipline described above has been applied to the employee.

B. Any written grievance filed under this procedure must contain the following information:

(1) The name and position of the employee filing the grievance;

(2) A statement of the issue involved;

(3) A statement of the relief sought;

(4) A detailed description of the facts giving rise to the grievance including the date(s) and the event(s) involved;

(5) Any policy, procedure or rule that is involved or is being challenged;

(6) The steps the employee has taken, either orally or in writing, to resolve the matter with the employee's supervisor; and

(7) The employee's signature and the date.

§ 52-4 Steps in grievance procedure.

A. Step 1: Attempt to resolve with immediate supervisor. An employee considering a grievance should first discuss the practice or event giving rise to the grievance with the employee's immediate supervisor or, if no other supervisor is designated, with the Village Clerk. Every reasonable effort should be made by the supervisor/Village Clerk and the employee to resolve the matter before pursuing additional steps in this grievance procedure.

B. Step 2: Written grievance filed with immediate supervisor. In the event a grievable issue cannot be resolved at Step 1, above, an employee may file a written grievance with the employee's immediate supervisor (or if no immediate supervisor is assigned, with the Village Clerk) within five business days after the day on which the employee first knew, or should have known, of the event(s) giving rise to the grievance. In the event the grievance involves the immediate supervisor (or Village Clerk), the employee may file the written grievance with the Village President, who shall proceed in accordance with this Step 2. The supervisor (or Village Clerk or designee of the Village President) shall investigate the facts giving rise to the grievance and, within 10 business days after receipt of the written grievance, deliver to the employee a written decision describing the response of the Village to the grievance.

C. Step 3: Referral to impartial hearing officer.

(1) If a grievance is not resolved at Step 2, the employee may, within five business days after the day on which a written decision is received in accordance with Step 2, file a written request for a review by an impartial hearing officer. The Village shall select the hearing officer who shall not be a Village employee. In all cases, the grievant shall have the burden of proof to support the grievance.

(2) With respect to a grievance involving termination of employment, the hearing officer shall convene an evidentiary hearing as to the merits of the grievance within a reasonable time based upon the availability of the parties and the hearing officer. If not included in the written decision resulting from Step 2, an appropriate officer of the Village shall file with the hearing officer not less than 30 days before the hearing, and deliver to the employee a written response to the grievance summarizing the facts giving rise to the grievance and any charges or other allegations forming the basis for the termination. At the hearing, the employee shall have the right to be represented by counsel or another individual of the employee's choice, to call and cross-examine witnesses, to present documentary evidence and to present arguments with respect to the merits of the grievance. The rules of evidence shall not apply at the hearing. The hearing officer will determine, based upon the hearing evidence, whether the Village acted in an arbitrary and capricious manner and shall provide to the employee and to the Village a written decision including findings of fact and conclusions of law in support of that determination.

(3) With respect to a grievance not involving termination of employment, the hearing officer may, in his/her discretion, determine whether the grievance will require an evidentiary hearing or may be resolved based on submission by the grievant and the Village of written documents relating to the grievance. A written decision shall be issued as provided for above.

D. Step 4: Review by Village Board. In the event the grievance is not resolved at Step 3, either the employee or an appropriate officer of the Village may, within five business days after the day on which the written decision of the hearing officer is received, file with the Village Clerk a written request for a review of the decision of the hearing officer by the Village Board. Library employees shall file a request for such a review with the Library Board. The Village Board shall not receive additional testimony or documents but shall review the decision of the hearing officer based upon the written record of the hearing held or the documents submitted at Step 3 and shall determine whether the hearing officer reached an arbitrary or incorrect result based upon its review of the record. The Village Board shall conduct its review at a meeting to be scheduled within a reasonable time after receipt of the request for review compatible with the other responsibilities of the Village Board. Within 10 business days after the meeting at which its review is concluded, the Village Board will deliver a written decision, including the outcome of its review, to the employee and to an appropriate officer of the Village. The outcome of the review by the Village Board shall be determined based upon a majority vote of a quorum of the Village Board which decision shall be final and binding.

E. In the event an employee fails to file a grievance or any request for a review of a grievance provided for in any of the steps of this grievance procedure within the time limits specified above, the grievance will be deemed resolved and withdrawn.