(a) Reasonable rules of conduct are necessary for the orderly, efficient, and safe operation of the Village. The following identifies conduct which will result in disciplinary action. This list is meant to serve as a guideline. This list is not intended to be all inclusive. Council or the Village Administrator reserves the right to modify work rules and regulations or establish such different or additional rules or regulations as deemed appropriate and/or necessary at any time.
In addition to violations of laws and ordinances, this Chapter, examples of conduct which
may result in disciplinary action, include, but are not limited to, the following:
(1) Falsification, misstatement, exaggeration, or concealment of any material fact in connection with employment, promotion, and records investigation or other proper proceeding.
(2) Disrespectful conduct, use of insulting, abusive or obscene language to or about other municipal personnel or the public while on the job.
(3) Gambling or unlawful betting on municipal property.
(4) Unlawfully manufacturing, distributing, dispensing, possession or using controlled substances in the workplace; reporting for work under the influence of controlled drugs or with any residual effect from illegal drug use (e.g., impaired judgment, sickness, impaired reflexes, and the like).
(5) Consuming alcohol while on duty or during an employee's lunch break/meal period; reporting for work while under the influence of alcohol with any residual effects of alcohol consumption ( e.g., impaired judgment, sickness, impaired reflexes, and the like), or where there is any evidence of alcohol consumption ( e.g., odor on the breath); consuming alcohol off duty anytime an employee is in uniform or is wearing any apparel which distinguishes that individual as an employee.
(6) Off-duty, illegal conduct/behavior unbecoming an employee emanating from the consumption of alcohol, or the use of illegal drugs, which, in the judgment of the Administrator, detracts from the image or reputation of the Village as an organization or which, in the judgment of the Administrator, erodes the public confidence in the Village as an organization (e.g., disorderly conduct, assault, fighting, criminal trespassing, criminal menacing, disturbing the peace, OMVI, and the like, or other criminal acts).
(7) Failure to submit to drug and/or alcohol testing when required by the Village; failure to adhere to conditions with regard to a drug or alcohol rehabilitation program, as offered by the Village and as agreed to by the Village and the employee.
(8) Reporting for duty or being on duty while under the influence of medication legally prescribed by a physician, or purchased or "over-the counter", which may impair the employee's judgment, work performance, or physical/mental capabilities; operating municipal vehicles or equipment under the influence of medication legally prescribed by a physician, or purchased "over-the-counter", which may impair the ability of the employee to safely and effectively operate such vehicles or equipment.
(9) Failure to start work at the designated time, quitting work before the proper time, leaving work during working hours without the permission of the appropriate supervisor, or working overtime without prior approval or sufficient justification.
(10) Failure to observe precautions for personal safety, posted rules, signs, safety instructions, or to use protective clothing or equipment.
(11) Unexcused or unauthorized absences on one or more scheduled days of work or failure to report for work without giving proper advance notice, unless such failure to give advance notice is supported by sufficient justification.
(12) Deliberate discrimination against an employee or applicant because of race, color, religion, sex, national origin or disability, including any form of harassment or any reprisal action against any employee or applicant based on other criteria protected by law.
(13) Insubordination, deliberate refusal to carry out any proper order from any supervisor having responsibility for the work in which an employee is engaged.
(14) Creating or contributing to the poor condition of Village equipment or property.
(15) Vending, soliciting or collecting contributions on the employer's time without authorization of the Administrator.
(16) Posting, removing or defacing any matter on the employer's walls, doors or bulletin boards without authorization of the Administrator.
(17) Permitting any unauthorized person to enter into or ride in a municipal vehicle without express, written authorization from the employer unless such action is taken in the direct interest of the health, safety and welfare of the public.
(18) Failure to report a personal injury accident in the performance of job duties. Such report must be in writing and submitted to the Department/Division Head.
(19) Failure or unnecessary delay in carrying out orders, work assignments or instructions.
(20) Unauthorized possession of, use of, loss of, or damage to municipal property or endangering same through carelessness.
(21) Disorderly conduct; fighting; threatening or attempting to inflict bodily injury to another; engaging in horseplay; resisting competent authority; triggering false alarms of fire or emergency preparedness systems.
(22) Conviction of a felony while an employee of the Village.
(23) Abusive, threatening or coercive treatment of another employee or the public while on the job.
(24) Inability to get along with fellow employees so that work is hindered or does not meet required standards.
(25) Conduct unbecoming an employee; illegal conduct, whether on or off duty, which, in the judgment of Council, detracts from the image or reputation of the Village as an organization, or which, in the judgment of Council, erodes the public confidence in the Village as an organization (e.g., immoral or indecent conduct, disorderly conduct, assault, fighting, criminal trespassing, criminal menacing, disturbing the peace, OMVI, and the like or other criminal acts).
(26) Making irresponsible statements that are slanderous or misrepresent the position of the Village or municipal officials.
(27) Sleeping or lounging during working hours.
(28) Excessive, unexcused tardiness after verbal reprimands have failed to correct employee's behavior.
(29) Disobedience to or noncompliance with any directive, policy or administrative order of the Administrator or supervisor:
(b) Discipline.
(1) Disciplinary action may consist of an oral reprimand/verbal counseling, a written reprimand, suspension, demotion or dismissal to be determined in the discretion of the Village.
(2) The primary responsibility for the administration of discipline shall rest upon the Village Administrator and Mayor. Such disciplinary action may consist of any action which is appropriate to the offense, including:
A. Informal (oral) reprimand/verbal counseling;
B. Formal, written reprimand which becomes part of the employee's personnel file;
C. Suspension from duty without pay;
D. Demotion in rank or reduction in salary; or
E. Dismissal.
(3) Disciplinary action taken against an employee, which is other than in the nature of a verbal counseling, shall be in writing and made a part of the employee's permanent personnel file.
(4) Any written reprimand, suspension or dismissal must be reviewed and approved by the Mayor or Village Administrator before becoming effective. Nothing in this division shall be deemed to preclude an employee from being relieved of duty. In all cases of discipline, the grievance procedure set forth in this Chapter shall control. Disciplinary actions will, to the extent possible, be dealt with in a confidential manner. Specifically, Village personnel should refrain from discussing or otherwise disclosing such action to any persons except those who by this Chapter or other law are entitled to such information. Whenever a written communication is transmitted to a higher supervisory authority in which matters are discussed which, if true, could become the basis of disciplinary action against an employee, whether or not such disciplinary action is subsequently taken, the employee who is the subject of such communication shall be given a copy of it at the time of its transmittal. This subsection does not apply to communications regarding a criminal investigation into activities of any employee.
(c) Whenever a disciplinary action is taken which results in a disciplinary action of record, the employee shall be given a copy of such record.
(Ord. 2021-27. Passed 12-6-21.)