(a) Offenses. Every employee in the service of the Village shall be expected to exhibit good behavior, and perform efficient and effective service. Any employee of the Village may be disciplined for any of the following offenses:
(1) Conviction of any criminal offense during working hours.
(2) Fighting, threatening or attempting bodily injury to another; stealing, malicious mischief resulting in the injury of destruction of property of other employees or the Village of McDonald.
(3) Consumption of alcohol while on the job or during work hours.
(4) Use, or possession, of habit-forming drugs or hallucinogens.
(5) Unethical conduct on Village time.
(6) Insubordination, including but not limited to, refusal or failure to perform work assignments.
(7) Willful neglect in the care or use of Village property and equipment.
(8) Failure to satisfactorily perform the duties for which employed.
(9) Gross or habitual carelessness or recklessness, playing of tricks, jokes or other dangerous pranks upon others. Disregard for safety and comfort of fellow employees.
(10) Repeated failure to report to work on time and ready for work.
(11) Incurring costs or obligations in the name of the Village without the authority or prior approval.
(12) Discourteous and/or unprofessional treatment of the public.
(13) Failure to comply with the provisions of this document.
(14) Any violation of Village Work Rules, Regulations or Standard Operation Procedures documents.
(b) Types of Discipline. Disciplinary action shall consist of one or more of the following:
(1) Verbal warning.
(2) Written warnings.
(3) Suspension from duty without pay.
(4) Demotion in rank and/or salary.
(5) Dismissal.
(c) Disciplinary Procedure. The Department Heads concerned shall be responsible for the discipline of employees within their departments. Discipline may be progressive in nature and shall be applied based upon a combination of factors, including the severity of the offense, past history of the employee and past disciplinary actions against the employee.
(1) Department head disciplinary authority and responsibility. Department heads may issue verbal warnings and written warnings to members of their departments and should provide any documentation to the Council.
(2) Council disciplinary authority. The Council may enforce any of the types of discipline, including termination, where appropriate and in accordance with any applicable statutes or local laws.
(3) Employee notification.
A. For disciplinary measures that are more severe than a verbal warning, the disciplined employee will be informed in writing of the right to appeal the disciplinary action to the Council.
B. The written order will be provided to the employee prior to the effective time of the order for all disciplinary action.
(d) Appeal Procedure. Disciplinary actions need not be deferred pending the possible submission of an appeal.
(1) Employee’s responsibility. Employees, with the exception of Department Heads, feeling aggrieved by either a suspension of more than three days or a change of status (e.g., dismissal or demotion) may, in writing, appeal the disciplinary action to the Council.
A. The appeal must be filed in writing with the Village Clerk and Council within ten days of the employee’s receipt date of written notification of the disciplinary action from Council. If the ten day appeal filing time is exceeded, Council will take no action in the matter. This appeal:
1. Must be signed by the individual who is appealing and include both his or her department and grade therein; and
2. Must have attached thereto a copy of the disciplinary order.
B. The employee will present the written request for an appeal hearing in dispassionate language and shall not vilify the character or motivation of the Department Head or Council. The written request should specify either or both of the following grounds for appeal:
1. There was a failure on the part of a Village official to observe or correctly apply the provisions of the Personnel Rules or the terms of the subject’s appointment; and/or
2. There was not a complete consideration of the facts regarding the disciplinary action taken against the appellant.
C. The appeal hearing request should contain all written material truly relevant to the case.
D. The Council will provide a copy of all material presented in the request for an appeal hearing when it is filed.
E. Hearings will normally be closed to the public. However, the appellant may request that it be open at the time he or she submits the written appeal.
(2) Council responsibility and authority.
A. The Council shall set a time for an appeal hearing promptly and should strive to have the hearing date no later than ten days after receiving the request for an appeals hearing.
B. The Council will review all written material submitted to it. If present, the Council shall hear the appellant or his or her counsel. If present, the Council shall hear the Department Head or Council. The Council will examine evidence upon the matter that may be pertinent and relevant.
C. The Council may affirm, disaffirm or modify the disciplinary measure taken against the employee.
(3) Police officers; discipline, termination, and right of appeal. Ohio R.C. 737.171 and 737.19 govern the discipline and termination of the police chief and police officers. As provided by Ohio R.C. 737.171 and 737.19, a certified police officer may appeal a decision of Council for removal to the Court of Common Pleas.
(4) Grievance procedure.
A. A grievance is defined as any cause of complaint or dissatisfaction arising between the employer and employee regarding terms or conditions of employment.
B. It is the policy of the Council that all employees have the right to voice their complaints. We recognize the meaningful value and importance of full discussion in resolving misunderstandings and preserving good relations between management and our employees. It also protects the employer’s and employee’s rights. Accordingly, we believe that the following procedure will ensure that complaints receive full consideration.
(5) Procedure.
A. In the event the employee feels a problem remains unresolved following discussions with the supervisor, the employee may submit the complaint in writing for reconsideration. A Grievance Report is to be submitted to the immediate supervisor, the Mayor, and the Department Head. Upon reviewing the complaint, the Department Head should arrange a meeting with the employee within three working days after receipt of the written complaint and return a decision within seven days of the meeting. Normally, complaints will be resolved at this step of the grievance procedure.
B. An employee who feels the complaint has not received adequate attention in Step Two may direct the complaint to the Council. Such complaints are to be made in writing within three days of receiving the answer provided. The Council will review the complaint with the Department Head and arrange a meeting with the employee within three (3) days of receiving the complaint. The Council shall have final authority in all such grievances and appeals. All other means should be exhausted prior to bringing a complaint to the Council.
(6) Right of Counsel. The employee/grievant shall have the right to have a grievance counselor present at any of the steps, with the exception of the preliminary step. However, in the interest of resolving the grievance, at the earliest possible step of the grievance procedure, it may be beneficial that other representatives not specifically designated, be in attendance. Therefore, it is intended that either party may bring in additional representatives to any meeting in the grievance procedure, but only upon advance initial agreement among the parties specifically designated to attend.
(7) The Grievance Report. Grievances should be in writing in order to:
A. Reduce the possibility of conflicting decisions.
B. Reduce the number of arguments over facts.
C. Reduce the number of unfounded grievances.
D. Aid record keeping and grievance analysis.
The Grievance report is used by the employee to report and describe the grievance. The report should be completed with copies for the employee, the employee’s personnel file, and the immediate supervisor. It must be completed in full, dated and signed by the employee and presented to the immediate supervisor who will distribute the copies. It is to be used only after a meeting and verbal discussion with the immediate supervisor.
(c) Termination. At the time an employee is terminated, for whatever reason, the following steps must be taken prior to receipt of final pay:
(1) Provide the Village Clerk with the proper forwarding address in order to receive W-2 forms and any other pertinent information needed to file the current year’s income tax returns.
(2) Turn in uniforms, tools, building keys, keys to Village offices and/or any other Village property to his or her immediate supervisor. A receipt will be issued to the employee for all property returned.
(3) Advise the Village Clerk as to the type of action desired with regard to employee’s retirement plan. (Ord. 2897-02. Passed 1-2-02.)