(A) Any full or part-time permanent employee may, in response to a personnel action, file an appeal in accordance with the following procedure:
(1) Step one. The aggrieved employee shall make an earnest and honest effort to settle the differences and disputes with his or her immediate supervisor without filing a written grievance. In the event that an agreement cannot be reached, the subsequent steps may be taken with respect to the grievance. Any grievance not initiated, taken to the next step, or answered within the time limits specified herein will be considered settled on the basis of the last answer provided by the village.
(2) Step two. A grievance relating to any matter involving a specific event or personnel action must be initiated within seven calendar days of its occurrence, not including the day of occurrence, after the employee has knowledge of the facts which give rise to the grievance, or, with reasonable diligence, should have acquired such knowledge. The aggrieved employee shall present the grievance in writing to the department head. The grievance shall be detailed, dated, and signed by the employee. The department head shall investigate the matter and hold a grievance meeting within seven calendar days after receipt of the grievance, not including the date of presentation of the grievance. The department head will reply to the grievance in writing within seven calendar days of the meeting. If not satisfied with his or her answer, the employee may move to the third step of the grievance procedure, provided this is done within five days of receipt of the written answer from the department head.
(3) Step three. If the matter is not satisfactorily resolved at step two, the grievance may be appealed and presented along with all pertinent correspondence to the Municipal Manager. He or she shall investigate the matter and hold a hearing within five days of receipt of the grievance. If the grievance is by a group of employees, he or she shall meet with no more than three representatives of that group. The Municipal Manager will reply in writing to the aggrieved employee within five days of the receipt of the matter.
(4) Step four. If the matter is not resolved at step three, the grievance may be appealed to the Personnel Appeals Board. All appeals must be in writing, properly documented and dated, along with all appropriate correspondence or evidence to date. It must be appealed within five days of receipt of the matter.
(B) If the subject of the grievance is any subject other than a demotion, a discharge, or a suspension in excess of 20 days, the Board is not required to but, rather, may hold a hearing. If the Board so desires to hold a hearing, it will be held within 20 working days from receipt of the appeal. Within ten days of the hearing, the Board will issue its facts and findings and recommendations to the Municipal Manager. The Municipal Manager shall have the right to accept, reject, or modify the recommendations and his or her decision in this regard shall be final.
(C) If the subject of the grievance is a demotion, a discharge, or a suspension in excess of 20 working days, the Personnel Appeals Board shall hold a hearing within ten working days of the appeal. Within ten working days after the hearing, the Board will render a judgment with respect to the issues and evidence presented. In this regard, the Personnel Appeals Board may uphold the decision of the Municipal Manager, or restore the employee to his or her former position without pay, or with any portion of the lost wages. This judgment of the Personnel Appeals Board shall be final and shall be certified to the Municipal Manager who shall enforce judgment.
(D) When a suspension, demotion, or dismissal is the action taken, the action shall be deemed to have been taken by the Municipal Manager and the aggrieved employee shall begin the grievance process at step three, as set forth in division (A)(3) of this section.
(E) The Personnel Appeals Board shall determine the manner in which hearings shall be conducted.
(F) Except in cases of grievances involving matters of related to a specific incident or personnel action, any grievance which is not filed within seven working days of its occurrence, not including the day of occurrence, after the employee has knowledge or should have had knowledge of the facts giving rise to the grievance, shall not be considered a grievance. Any matter which is not timely processed by the aggrieved employee or employees shall not be subject to further processing as a grievance.
(Ord. 2005-13, passed 12-20-05; Am. Ord. 2019-06, passed 12-17-19)