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The following actions may result in disciplinary action up to and including discharge:
(A) Conviction of any felony, or of any misdemeanor involving moral turpitude or dishonesty.
(B) Use of the employee's official position for personal gain.
(C) Falsification of village records or timesheets.
(D) Sexual harassment or discrimination based on race, color, creed, religion, national origin or handicap.
(E) Carelessness in handling village equipment.
(F) Illegal or abusive use of sick or other leave.
(G) Use of, or being under the influence of, alcohol or illegal drugs as defined by the Illinois Criminal Code while on the job, or failure to pass a urinalysis examination as set forth in any village drug testing program.
(H) Incompetence in the performance of assigned duties or inattention to duties.
(I) Insubordination by disobedience to any order or directive, or disrespect toward a department
head or officer of the village.
(J) Misuse or abuse of village working time for personal gain or for any reason other than performing the employee's assigned duties.
(K) Excessive absenteeism or tardiness, including leaving work early and overstaying meal periods.
(L) Solicitation or acceptance of any gratuity, gift, present, reward or other thing of value in return for the performance of the employee's official duties, or as a condition for not performing those duties.
(M) Failure to pay promptly any indebtedness owed to the village, including, but not limited to, taxes and utility bills.
(N) Habitual discourtesy or disrespect to the public or to fellow employees.
(O) Theft, destruction, loss or unauthorized use of village property, equipment and materials, either willfully or through unnecessary carelessness.
(P) Unauthorized dissemination of information protected from disclosure under the Illinois Freedom of Information Act.
(Q) The loss of a license or the inability to obtain a license to operate the plant, vehicles, or equipment which materially derogates the ability to perform job responsibilities.
(R) The doing of any other act which brings disrepute upon the village or the Village Board.
(Ord. 92-11, passed 4-28-92)
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.
(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)
TERMINATIONS
An employee shall give at least ten working days written notice prior to the effective date of resignation. The resignation shall be filed with the employee's supervisor, who, in turn, will notify the Administrator. The Administrator shall determine the proper termination pay and see to it that any village property is either returned or charged as a deduction from termination pay.
(Ord. 92-11, passed 4-28-92)
When it is necessary in the judgment of the Board to reduce the number of employees on the village payroll or on the payroll of any department, the Board, or in the case of police officers the Board of Fire and Police Commission, may lay off employees in its sole discretion. Full-time employees shall be laid off in seniority order within department starting with the lowest seniority employees. A laid off employee shall be paid for ten days following the notice of layoff. An employee thus separated is eligible for re-employment and if re-employed shall retain seniority rights as of the date of separation for purposes of this section.
(Ord. 92-11, passed 4-28-92)
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