Any full or part-time non-probationary employee will have the right to a hearing and appeal of the disciplinary action, as follows:
(A) Verbal and written warnings may be appealed by presentation of a grievance in writing to the employee's department head (or, in the case of discipline of a department head, to the committee chairperson) who, if possible, will resolve the grievance. If the aggrieved employee is not satisfied with the disposition of the written or verbal warning, the employee will submit his or her case in writing to the City Council within 5 working days. The City Council will require in writing the action taken and justification therefore against the aggrieved employee. The City Council may conduct a hearing allowing witnesses for both or either side to testify, or it may call witnesses of its own, before deciding on the issue. The Council will render its decision within 10 days of the receipt of the appeal of the aggrieved employee and advise the aggrieved employee of its decision in writing; the decision will be placed in the personnel file if the verbal or written warning is sustained. The verbal or written warning will be removed from the personnel file if the verbal or written warning is overruled by the City Council.
(B) In cases of suspension, the employee is entitled to a hearing before the Council. The hearing will be pre-suspension unless in the judgment of the committee chairperson, department head, or in the absence of the committee chairperson, the Mayor, circumstances require immediate suspension and a post-suspension hearing. At the hearing, the employee may present witnesses, may be represented by counsel, and may, at the employee's own expense, have a court reporter present. The notice of hearing will explain these rights and identify any complainants. The Mayor will preside at any such hearing, and the City Attorney will be present to advise the Council. After such hearing, the Council may elect to affirm the suspension without pay, shorten or lengthen the suspension without pay, or if it determines in a post-suspension hearing that the suspension was improper, terminate the suspension and award back pay.
(C) Any employee faced with discharge is entitled to a statement of reasons for the discharge and a pre-discharge hearing, which will be held by the Council in the same manner as a suspension hearing and as to which the employee has the same rights as in a suspension hearing. The pre-discharge hearing will, in the case of an employee suspended without pay pending discharge, be held in conjunction with the post-suspension hearing.
(D) The Council will make its decison in a suspension or pre-discharge hearing by majority vote of those present. The Mayor is entitled to vote at such hearing and will be counted in determining the decision.
(E) In addition to the rights set forth in this section, police officers are entitled to rights set forth in the Uniform Peace Officers' Disciplinary Act, ILCS, Chapter 85, §§ 2551, et seq.
(Ord. 062402A, passed 6-24-2002; Am. Ord. 2005-MC12, passed 10-24-2005)