§ 37.29   DISCIPLINARY ACTION.
   (A)   Employees appointed by the Village Manager may be penalized for violation of personnel policies or departmental rules and regulations. Disciplinary action may take the form of an oral or written reprimand or a penalty. Oral reprimands should be verified with a written incident report and made a part of the employee's permanent personnel file. The Village Manager, or a department head or immediate supervisor with the approval of the Village Manager, may discipline an employee more severely than a reprimand. If an employee receives two written reprimands for the same or different offenses within a period of 12 consecutive months, he or she may, along with his or her second reprimand, receive a suspension without pay, for a period of time commensurate with the severity of the accumulated offenses. If an employee receives three written reprimands for the same or different offenses within a period of 12 consecutive months, he or she may at the time of issuance of the third reprimand, thereupon be demoted or discharged.
   (B)   Any action which reflects discredit on the municipal service or is a direct hindrance to the effective performance of the municipal government functions shall be considered just cause for disciplinary action against any employee. Violation of personnel policies constituting just cause for disciplinary action, whether reprimand, suspension, demotion, or discharge depending on the severity, are listed below, although charges may be based on causes or complaints other than those listed.
      (1)   Inattentiveness to work, failure to start work at the designated time, quitting work before the proper time, or leaving the employer's premises during working hours outside the line of duty without authorization from the director of the department or Village Manager.
      (2)   Gross neglect of duty or refusal to comply with lawful instructions of supervision or management, unless such instructions are injurious to the employee's or general public's health or safety or contrary to the employee's professional ethics.
      (3)   Horseplay or deliberate or careless conduct endangering the safety of oneself or other employees, including the provoking of or instigating of a fight during working hours or on village premises.
      (4)   Insubordination.
      (5)   Incompetency and inefficiency in performance of job duties.
      (6)   Carelessness or negligence with the moneys or the property of the village, including the use of village equipment.
      (7)   Theft or intentional destruction of the village's property or another employee's property.
      (8)   Discussion with unauthorized persons of any confidential information gained through employment with the village.
      (9)   Using, or threatening to use, or attempting to use personal or political influence in an effort to secure some special considerations as a village employee.
      (10)   Inducing or attempting to induce any employee in the service of the village to commit an unlawful act, or to act in violation of any lawful departmental or official regulations, orders, or professional ethics.
      (11)   Solicitation or acceptance from any person, or participation in any fee, gift or other valuable thing in the hope or expectation of receiving a more preferential treatment than that accorded other persons.
      (12)   Commission of acts unbecoming an incumbent of the particular municipal office or position held which render disciplinary action necessary or desirable for the economical or efficient conduct of the business of the village or the best interest of the municipal government.
      (13)   Offensive conduct or language toward the public or toward village officers or employees.
      (14)   Use of abusive or improper treatment to a person in custody, provided the act committed was not necessarily or lawfully done in self defense or to protect the lives of others, or to prevent the escape of a person lawfully in custody.
      (15)   Immoral or indecent conduct or conviction of a felony or misdemeanor involving moral turpitude while an employee of the village.
      (16)   The taking of intoxicating beverages or drugs while on duty, being under the influence of intoxicants or narcotics while on duty or the habitual use of alcoholic beverages or narcotics to excess.
      (17)   Abuse of appeal rights by filing a totally unjustified or unreasonable appeal with the Personnel Advisory Board.
      (18)   Intentional falsification, destruction or removal of personnel records, work records, time reports, or other village records.
      (19)   Failure to report to work without giving the department head, immediate supervisor, Village Manager or other authorized village staff member notice of absence within two hours after the beginning of an employee's scheduled work day, unless it is impossible to give such notice.
      (20)   Excessive absenteeism or tardiness, including abuse of sick leave privileges.
      (21)   Absence from duty without leave contrary to these policies, or failure to report after leave of absence has expired, or after such leave of absence has been disapproved or revoked or canceled by the proper authority.
      (22)   Sleeping on duty.
      (23)   Any other action that reflects discredit on the municipal service or is a direct hindrance to the effective performance of the municipal government function.
      (24)   After receipt of one garnishment, an employee is given a written reprimand. After two garnishments or more, the employee may be suspended up to four days to cover financial costs and administrative costs to the village.
(1995 Code, § 37.29) (Ord. 75-53, passed 6-9-1975)