The City is an employment entity in the State of Illinois and as such is an at- will employer. Unless an employee is covered by a duly executed contract or collective bargaining agreement stating otherwise, either the employee or the City may terminate the employee's employment at will, without notice or cause.
(A) Corrective Action. When it is evident that an employee is not performing up to standards or is in violation of City policy, the employee is subject to discipline up to and including termination. The extent of the corrective action will be determined by the seriousness of the situation. The corrective action may include a verbal warning, written warning, suspension, and/or termination. The City reserves the right to bypass any or all steps in the progressive discipline policy and reserves the right to proceed to more severe discipline or termination depending on the circumstances. Discipline Form is attached for documentation purposes.
(B) Inadequate Work Performance; Progressive Corrective Action. Supervisors may use a progressive approach to performance improvement depending on the circumstances. Typically, a progressive disciplinary plan involves:
(1) A verbal warning and request for improvement;
(2) A written warning;
(3) A final written warning;
(4) A suspension; and/or
(5) Termination.
Progressive corrective action is a six-step process, when the unacceptable behavior is symptomatic of correctable behavior. The required approach is; prior to beginning the corrective action process, the Mayor and the Personnel Committee must be consulted. The six steps include:
(1) A formal oral warning;
(2) A formal written warning;
(3) A formal final warning;
(4) A suspension without pay;
(5) A pre-termination hearing; and
(6) Termination. Termination is possible only with a recommendation from the Personnel Committee to the Mayor and with the advice and consent of the City Council after the pre-termination hearing has been concluded. However, if the situation warrants, the supervisor, in consultation with the Mayor and Personnel Committee, may skip one or more of these steps. Discipline Form attached as Appendix C for documentation purposes.
(C) Code of Conduct. Disciplinary action may be brought against an employee for the following, including but not limited to:
(1) Violating any provisions of this Personnel Code.
(2) Knowingly falsifying a report or other City record.
(3) Being insubordinate to or showing disrespect towards superiors.
(4) Neglecting to perform the job or performing the job inefficiently.
(5) Engaging in any conduct unbecoming of a City employee or that discredits the City.
(6) Leaving the assigned job without permission.
(7) Absence from work without leave or permission.
(8) Willfully destroying or damaging any property of the City.
(9) Taking or giving bribes.
(10) Being under the influence of intoxicating beverages while at work.
(11) Using, manufacturing, distributing, dispensing, or possessing any statutorily defined illegal drugs, narcotics, or controlled substances, or failing to report to the employee's Elected Official/Department Head any arrest or conviction for using, manufacturing, distributing, dispensing or possessing any statutorily defined illegal drugs, narcotics, or controlled substance.
(12) Failure of any employee to notify their Elected Official/Department Head within five (5) days after an arrest or conviction of a violation of any local, state, or federal criminal drug statute.
(13) Using a City vehicle without the knowledge of the immediate supervisor,
(14) Improperly operating a City vehicle or permitting an unauthorized person to operate a City vehicle.
(15) Excessive unexcused absence from work or tardiness.
(16) Possession of explosives, firearms or other dangerous weapons on City premises, unless otherwise permitted.
(17) Use of overtime for other than work purposes.
(18) Failure to follow any safety rules, regulations or manuals.
(19) Gambling during working hours around City premises.
(20) Sleeping on the job.
(21) Being discourteous to the public.
(22) Engaging in or instigating or causing an interruption or impeding work.
(23) Substantial misrepresentation of facts and obtaining employment with the City.
(24) The use or consumption of City property for personal or private purposes, or the use of City employees during working hours for such purposes.
(25) Disorderly conduct during working time or on City premises, including fighting, interfering with work of another, or threatening or abusing any person by word or act.
(26) Unauthorized use of City property such as City owned vehicles, equipment and materials.
(27) Abuse of sick leave by misrepresentation of the leave request.
(28) Violation of a written order of an Elected Official/Department Head.
(29) Failure to pay legitimate debts, thus exposing the City to harassment by creditors.
(30) Using profanity on the job.
(31) Releasing confidential information.
(32) Using or attempting to use an official position to secure special privileges, exemptions, or personal gain except as may be otherwise provided by law.
(33) Engaging in disreputable acts and not conducting themselves with "good moral character".
(34) Abuse of telephone usage.
(35) Theft of any City or employee property.
(36) Discriminating against any person, individual, entity, co-employee, on the basis of their protected class.
(37) Committing acts of moral turpitude.
(38) Violating any other City policy or Procedure.
(D) Disciplinary Process will typically be conducted as follows:
(1) Oral Warning. Supervisors issuing a verbal warning and request for performance improvement will document the warning. This record is kept in the department's files, and a copy is given to the employee. Supervisors should be specific when giving verbal warnings and should include how the performance or behavior falls short of expectations, what corrections must
be made, and the consequences if the employee fails to take the corrective action requested. If the performance does not improve, then a written warning will typically follow. Discipline Form attached as Appendix C for documentation purposes.
(2) Written Warning. As with the verbal warning, the written warning will document the specific performance deficiencies, steps necessary to correct the deficiencies, and the consequences of failing to correct the behaviors. The formal written warning is given to an employee whose response to a verbal warning has been insufficient. Supervisors must work with the Personnel Committee when preparing written warnings. A copy of this and any other written warnings is kept in the department, provided to the Personnel Committee for inclusion in the employee's personnel file, and a copy must be given to the employee. Discipline Form attached as Appendix C for documentation purposes.
(3) Final Written Warning. If the unacceptable performance or misconduct continues or recurs, a final written warning may be given. The warning may give a specific deadline for meeting the standards of performance or taking corrective action, and may inform the employee that failure to improve to the required standard by the deadline will result in termination. A copy of the final written warning must be kept in the department files, with a copy to the Mayor, the Personnel Committee Members, and to the employee. If, after the issuance of the final written warning, the employee's performance still fails to meet expectations, termination is the next step. However, prior to termination, the employee must be provided an opportunity to hear the reason(s) termination is being considered by the City. Between the time the City decides termination is necessary and the actual pre-termination meeting is conducted, the employee will be placed on paid administrative leave while the department documents its rationale. Discipline Form attached as Appendix C for documentation purposes.
(4) Suspension. Suspension of an employee would be at the recommendation of the employee's immediate supervisor and with the approval of the Mayor and the Personnel Committee with notice to the City Council. A Personnel Committee meeting must be held within seventy-two (72) hours to review the cause for suspension. If the suspension is recommended by the Personnel Committee and approved by the Mayor, the suspension will result in a loss of salary for the period of the suspension. Upon return to work the suspended employee will be placed on probationary status for a period not to exceed six (6) months. If the employee violates the conditions of the probation, the employee may be subject to termination. Removal from probationary status is based upon satisfactory completion of a probationary period, a recommendation from the employee's immediate supervisor, and the approval of a majority vote of the City Council. The period of suspension may be up to, but not exceeding thirty (30) days off without pay in one (1) calendar year. The suspension may include demotion at the recommendation of the immediate supervisor and approval by a majority vote of the City Council. Discipline Form attached as Appendix C for documentation purposes.
(5) Pre-Termination Hearing. The pre-termination meeting is conducted under the direction of the Mayor and the Personnel Committee. At the hearing, the department delineates its reasons for considering termination of the employee. The employee, who can be accompanied by a representative of their choosing if desired, will be given time to present evidence to address the department's points. Upon completion of the hearing, the Mayor and the Personnel Committee will make a decision regarding the recommendation to be made to the City Council regarding the employee's future employment with the City.
(6) Termination. A majority vote by the City Council to accept the recommendation to terminate is required. If termination is decided upon, the employee will receive written notification of the action being taken, the reasons leading to the action, the date the action will occur, and what steps should be followed if they decide to appeal the termination.
(E) Gross Misconduct.
(1) Definition. Gross misconduct refers to acts or omissions on the part of employees which are symptomatic of intolerable behavior. Gross misconduct includes but is not limited to the following: theft or dishonesty; gross insubordination; willful destruction of City property; falsification of records; acts of moral turpitude; reporting for duty under the influence of intoxicants; the illegal use, manufacturing, possessing, distributing, purchasing or dispensing of controlled substances or alcohol; disorderly conduct; provoking a fight; and other similar acts involving intolerable behavior by the employee. In the event of gross misconduct, the employee may be placed on paid administrative leave by the employee's supervisor pending an investigation. The Mayor and the Personnel Committee must be notified immediately. Discipline Form attached as Appendix C for documentation purposes.
(2) When a theft, shortage, or questionable loss of City funds or property has occurred and an employee is suspected, the Mayor and the Personnel Committee must be contacted immediately and the employee will be placed on paid administrative leave during the investigation. The Mayor and the Personnel Committee, along with the Staunton Police Department as needed, will investigate the situation and, if gross misconduct is confirmed, the employee will be recommended for a Pre-Termination Hearing. The employee should be notified of the charge and supporting evidence, and be given the opportunity to respond to the decision. Discipline Form attached as Appendix C for documentation purposes.
(3) Pre-Termination Hearing. The pre-termination meeting is conducted under the direction of the Mayor and the Personnel Committee. At the meeting, the department delineates its reasons for considering termination of the employee. The employee, who may be accompanied by a representative if desired, will be given time to present evidence to address the department's points. Upon completion of the meeting, the department, in consultation with the Mayor and the Personnel Committee, the City Council will come to a decision by a majority vote regarding the employee's
future employment with the City. If the investigation identifies a less severe infraction on the employee's part, other disciplinary action may result.
(4) Termination. If termination is decided upon, the employee will receive written notification of the action being taken, the reasons leading to the action, the date the action will occur, and what steps the former employee should follow if they wish to appeal the termination. The termination will become final when the final decision is submitted to the City Council for review and a vote, majority vote of the Council is required to accept the recommendation for termination and execute the recommendation.
(F) Political Activities. Employees will not be discriminated against or retaliated against because of the employee's political activity or political beliefs. This prohibition does not apply to individuals in policy making or confidential positions or where an overriding interest or vital importance exists which requires that an employee's political beliefs and activities conform to those of the City's Elected Official/Department Head.
The City also recognizes that false accusations can have serious effects on innocent men and women. We trust that all employees will continue to act in a responsible and professional manner to establish a pleasant working environment free of discrimination. (Ord. No. 1618; 02-27-12)