§ 37.30   PENALTIES AND SEPARATIONS.
   Penalties comprise three groups: suspension, demotion, and discharge. Separations without fault embrace two types: layoff and resignation.
   (A)   Suspension. A department head, with the consent of the Village Manager, may for disciplinary purposes suspend without pay any employee in his or her department for such length of time as he or she considers appropriate. The Village Manager shall be furnished with a written statement specifically setting forth reasons for such action and a copy shall be furnished to the affected employee upon his or her written request.
   (B)   Demotion. A department head, with the consent of the Village Manager, may demote an employee for just cause. No demotion shall be made as a disciplinary action unless the employee to be demoted is eligible for employment in a lower class and shall not be made if any regular employee in the lower class would be laid off by reason of this action. The Village Manager shall be furnished with a written statement specifically setting forth reasons for such action and a copy shall be furnished to the employee upon his or her written request.
   (C)   Layoffs. A department head, with the consent of the Village Manager, may lay off an employee when he or she deems it necessary due to the abolition of the position, a material change in duties or organization, or other reasons which do not reflect discredit on the service of the employee. The duties performed by an employee laid off may be reassigned to other employees already working who hold positions in appropriate classes. No regular employee shall be laid off while another person is employed on a probationary, provisional, or temporary basis in the same class in the department. No regular employee who is on probation shall be laid off while another person is employed on a temporary or provisional basis in the same class in the department.
   (D)   Order of layoff. Layoff of employees shall be made in inverse order of a current rating of employees determined on the basis of service reports or other pertinent data and length of service in the class in the department or other organizational unit involved in the layoff. If it is found that two or more persons in the organizational unit in which layoffs are to be made have equal ratings determined on the basis of seniority and service reports or other pertinent data, the order of layoff in all such cases of the tie shall be in the inverse order of the date when an employee first entered the service.
   (E)   Notice of layoff. A department head shall give written notice to the Village Manager and to the employee of any proposed layoff and reasons therefor. Such notice must be given a reasonable time before the effective date thereof. In the case of temporary, part-time or other occasional employment of regular employees, the department head may notify in writing such employees and the Village Manager at the time of appointment the date such employment will terminate. Such notice shall be deemed to meet notification requirements. Written notices of layoff indicating reasons for such action may be given temporary or emergency employees at any time prior to the effective date of layoff.
   (F)   Resignations. To resign in good standing, an employee must give the appointing authority at least 14 calendar days prior notice unless the appointing authority, because of extenuating circumstances, agrees to permit a shorter period of notice. A written resignation shall be supplied by the employee to the appointing authority giving reasons for leaving. The resignation shall be forwarded to the Village Manager with a statement by the appointing authority as to the resigned employee's service performance and other pertinent information concerning the cause of resignation. Failure to comply with this rule shall be entered on the service record of the employee, may be cause for loss of payment for accumulated annual vacation leave, and may be cause for denying future employment by the village. The resignation of an employee who fails to give notice shall be reported by the department head immediately. The Village Manager may take steps to verify reasons for any resignations.
   (G)   Department heads. If a proposed action contemplated above would affect a department head, the action shall be taken by the Village Manager in lieu of the department head.
(1995 Code, § 37.30) (Ord. 75-53, passed 6-9-1975)