§ 35.127  HEARING RIGHTS.
   Any full or part-time employee not on probation shall have the right to a hearing and appeal of the disciplinary action, as follows:
   (A)   (1)   Verbal and written warnings may be appealed by presentation of a grievance in writing to the employee's department head (or, in the case of discipline of a department head, to the Administrator) who, if possible, will resolve the grievance.  If the aggrieved employee is not satisfied with the disposition of the written or verbal warning, the employee shall submit his case in writing to the Administrative Committee within five working days.  The Administrative Committee shall require in writing the action taken and justification therefore against the aggrieved employee.  The Administrative Committee may conduct a hearing allowing witnesses for both or either side to testify, or it may call witnesses of its own, before deciding on the issue.
      (2)   The Administrative Committee shall render its decision within ten days of the receipt of the appeal of the aggrieved employee and will advise the aggrieved employee of its decision in writing; the decision shall be placed in the personnel file if the verbal or written warning is sustained.  The verbal or written warning will be removed from the personnel file if the verbal or written warning is overruled.
   (B)   In case of suspension, the employee is entitled to a hearing before the Board.  The hearing shall be pre-suspension unless in the judgment of the President, circumstances require immediate suspension and a post-suspension hearing.  At the hearing, the employee may present witnesses, may be represented by counsel, and may, at the employee's own expense, have a court reporter present.  The notice of hearing shall explain these rights and identify any complainants.  The President shall preside at any such hearing, and the Village Attorney shall be present to advise the Board.  After such hearing, the Board may elect to affirm the suspension without pay, shorten or lengthen the suspension without pay, or if it determines in a post-suspension hearing that the suspension was improper, terminate the suspension and award back pay.
   (C)   Any employee faced with discharge is entitled to a statement of reasons for the discharge and a pre-discharge hearing, which shall be held by the Board in the same manner as a suspension hearing and as to which the employee has the same rights as in a suspension hearing.  The pre-discharge hearing shall, in the case of an employee suspended without pay pending discharge, be held in conjunction with the post-suspension hearing.
   (D)   The Board shall make its decision in a suspension or pre-discharge hearing by majority vote of those present. The President is entitled to vote at such hearing and shall be counted in determining the majority.
   (E)   Discipline of Police Officers other than written and verbal warnings shall be conducted in accordance with statutes and rules governing the Board of Fire and Police Commission and not under §§ 35.123 through 35.125 and divisions (A) through (D) of this section.
   (F)   Employees covered by collective bargaining agreements may have hearing and grievance rights in conflict with those set forth herein.  In event of a conflict the collective bargaining agreement shall control.
(Ord. 92-11, passed 4-28-92)