(a) An employee of the Village who feels aggrieved by the action of a supervisor or the Village Administrator in the administration of discipline may appeal such disciplinary action according to the step(s) set forth in Table I herein. For a particular disciplinary action, the employee shall follow the procedural steps in the order established, and the last step listed is the final point of appeal. The Administrator shall discipline employees and Council has the power to hear appeals from administrative determinations made pursuant to this chapter and as may be authorized by this chapter. Disciplinary actions and the associated appeal steps are as follows:
TABLE I
GRIEVANCE APPEAL PROCEDURE
Disciplinary Action Appeals Steps Informal (verbal) reprimand/counseling None Formal (written) reprimand (1) Suspension from duty (1), (2) Dismissal (1), (2), (3) |
(b) Appeal Steps.
(1) Personnel Officer hearing. The aggrieved employee may present a written statement of his or her grievance to the Personnel Officer. This written statement shall be presented within five working days of the effective date of the disciplinary action being appealed and shall ask for a review and modification or reversal of the action. The Personnel Officer shall issue a written response. If the Village Administrator is the acting Personnel Officer, then proceed directly to Step 2.
(2) Administrator hearing. If a grievance is not resolved to the satisfaction of the employee by the Personnel Officer under Step 1 and the action being appealed is allowed to proceed to Step 2, the employee may request in writing within five working days of the issuance of the Personnel Officer's written decision, a hearing before the Administrator. If such request is not made within five working days, the matter shall be closed. At such hearing, which shall occur within a reasonable time, the Village shall present the facts and circumstances upon which the disciplinary action was taken. Prior to the hearing, the Administrator shall notify the employee in writing, and reasonably in advance, of the time and place of the hearing and the specific matters or charges which will be considered. At the hearing, the employee may have representation of his or her choosing and will be permitted to present witnesses. The employee's personnel file shall be made available for review prior to the hearing upon written request to the Personnel Officer or their designee. The Administrator shall issue a written decision, after the close of the hearing, which shall be forwarded to the employee as soon as practical. The written decision of the Administrator shall be a prerequisite to a request for a hearing before Council.
(3) Council Hearing. An aggrieved non-exempt employee may submit a written appeal to Council. The appeal must be submitted within five working days of receipt by the employee of the Administrator's decision under Step 2. The appeal shall be submitted to the Mayor. Council will issue a written decision which shall be final.
(Ord. 2021-27. Passed 12-6-21.)