(a) Discipline is a response to behavior contrary to the interests of the Village, or unacceptable performance. The type and severity of disciplinary action will be determined at the discretion of the appropriate supervisor. In determining the type and severity of disciplinary action, the hiring authority may consider such factors as the nature and gravity of the problem, the employee's past disciplinary records and performance record, the employee's position, and any other factors the hiring authority believes are relevant.
(b) The guidelines listed here for imposing discipline are offered solely to assist the hiring authority in administering disciplinary action. The guidelines do not in any way limit the appropriate supervisor's discretion to administer disciplinary action of any type as the supervisor sees fit. As set forth above, nothing in this chapter is intended to bind the Village contractually, and employees may not rely on this Disciplinary Action section or any other provision of this chapter as limiting the Village's discretion to discipline or discharge. Although the Village may follow a system of progressive discipline in some cases in order to help employees improve poor or declining job performance, by utilizing any such progressive procedures, the Village does not in any way waive or limit its right to discipline or terminate employment as determined to be in the best interests of the Village.
(c) The following types of disciplinaty action may be imposed, as the supervisor deems appropriate, for instances of inappropriate conduct or performance:
(1) Verbal Counseling or Reprimand: This type of corrective action is generally applied to the first occmTence of a minor offense or performance problem. The purpose of the conference is to identify the rule violation or performance problem and discuss the behavior that is expected. Documentation of a verbal warning will be placed in the employee's personnel file.
(2) Written Counseling Report or Reprimand: A written counseling report is usually initiated when inappropriate conduct occurs after verbal counseling. However, a written report may be issued for the first instance of a substantive mle violation or performance problem without prior verbal counseling. This disciplinary action is a formal warning through which a supervisor documents a problem and typically cites the consequences for further violations. The counseling report/reprimand is reviewed with the employee and a copy of the document is placed in the employee's personnel file. The employee is generally offered the chance to acknowledge the reprimand by signature and may provide written comments in response to the reprimand. Depending on the circumstances of the discipline, and typically after an employee has received prior verbal and/or written counseling, the hiring authority may issue a "final" written warning, indicating that any further instances of misconduct or performance deficiencies may result in immediate termination.
(3) Suspension: A disciplinary suspension may be imposed for severe infractions or when an employee previously has received written counseling. A suspension is not a prerequisite to termination; the supervisor may elect to terminate an employee's employment without initially imposing a suspension. The supervisor may impose a suspension during the investigation of an alleged offense, as the possibility of disciplinary action or more serious discipline is being considered. As with a written counseling report or reprimand, a suspension is documented and placed in the employee's personnel file, and an employee may provide written comments in response.
(d) Not all misconduct or infractions are subject to progressive discipline. Actions that constitute serious misconduct or improper performance of job duties may result in immediate suspension or discharge without prior warning.
(e) The employee has the right to appeal any disciplinary action and request review by the Mayor. The Village Council reserves the right to review and/or overturn any suspensions or terminations. (Ord. 2011-11. Passed 7-6-11.)