(a) Declaration of Policy.
(1) It is the policy of the Village of Waite Hill to treat its employees fairly and equally, and to base all decisions regarding discipline upon the facts and circumstances which are pertinent to an individual case. The purpose of the progressive discipline outlined in this section is to make the disciplinary action commensurate with the nature and severity of any improper conduct by an employee.
(2) Whenever work habits, attitude, production, infraction of regulations or personal conduct of any employee fall below a reasonably desirable standard, supervisors should orally notify the employee at the time the infraction is observed. A written reprimand, with sufficient time for improvement, should precede further punitive discipline whenever possible, but nothing herein shall prevent or shall be deemed to prevent immediate disciplinary action when the interests of the Village or the protection of the public require it.
(b) Investigation. Prior to any disciplinary action more severe than an oral reprimand, the department head shall cause the investigation of any incident, event or infraction of rules involving or committed by an employee in his department. The findings of the investigation shall be recorded in writing and reported to the Mayor. This report shall be deemed to be the work product of an ongoing internal investigation and shall not be subject to public disclosure pursuant to Ohio's Public Records laws. The right for the investigating authority to keep such work product private shall be held solely by the employee being investigated.
(c) Disciplinary Action.
(1) Reprimand. For the good order and discipline of the department, a department head may cause an employee to be reprimanded. There shall be two types of reprimands: oral and written.
A. Oral Reprimand. Whenever work habits, attitude, production or personal conduct of any employee fall below a desirable standard, the department head should point out the deficiencies at the time they are observed. Oral reprimands should be used for minor rule infractions, provided such infractions are not chronic for the employee involved.
B. Written Reprimand. Whenever an employee fails to respond to the oral reprimand of a supervisor, or an event occurs which, in the department head's discretion, warrants discipline more severe than an oral reprimand, the department head may discipline the employee via a written reprimand. The department head shall document the nature of the employee's conduct as part of the written reprimand, and shall deliver to the employee a copy of the written reprimand, place a copy in the employee's personnel file, and deliver a copy of the written reprimand to the Mayor. The employee shall acknowledge receipt of a copy of the reprimand, and may place written comments or objections thereto in his personnel file and/or deliver them to the Mayor. Written reprimands shall become a permanent part of an employee's personnel file.
(2) Suspension. Suspensions are of two types: disciplinary and nondisciplinary.
A. Disciplinary Suspension. In the interest of good discipline, upon the recommendation of the department head or at the Mayor's discretion, the Mayor may, for just and reasonable cause, suspend an employee without pay for a period not exceeding thirty (30) working days for any one (1) offense. A department head may suspend an employee, for the good order of the department, for not more than three (3) days. An employee under suspension will not be permitted to exchange suspension time for vacation time or be entitled to sick leave during the period of suspension. Suspension time shall not be used in determining seniority. Disciplinary suspensions may be appealed as provided by law and shall become a permanent part of an employee's personnel file.
B. Nondisciplinary Suspension. During investigation, hearing or trial of an employee for any civil or criminal charge, when suspension would be in the best interest of the Village, an employee may be suspended by the Mayor for the duration of the proceedings. Council shall exercise discretion whether or not the non-disciplinary suspension shall be with or without pay, provided that if the grounds for the non-disciplinary suspension are resolved in favor of the employee, the employee shall be entitled to the full recovery of salary, benefits and seniority lost during the suspension.
(3) Demotion. Demotions consist of two kinds: disciplinary and voluntary. Demotions are a method of disciplining an employee for an offense that does not warrant outright dismissal. They are also used in order that an employee whose work has been satisfactory but who does not deserve outright dismissal may be retained and given an opportunity to perform less difficult work. Demotions may also be on a voluntary basis when requested by an employee.
A. Disciplinary Demotion. Upon the request of a department head, or at the Mayor's discretion, the Mayor may demote an employee for disciplinary purposes when the actions of the employee do not justify dismissal, or where the work of an employee has not been satisfactory, he may demote the employee to less difficult work. Salaries and wages of employees demoted will be adjusted to those of the lower classification. No demotion may be made as a disciplinary action unless the employee to be demoted is eligible and qualified for reemployment in a lower classification, and a demotion may not be made if any regular full-time employee in the lower classification would be laid off by reason of such action. Any order of disciplinary demotion may be appealed as provided under law, and shall become a permanent part of an employee's personnel file.
B. Voluntary Demotion. An employee may request or accept voluntary demotion when assignment to less difficult or responsible work would be to his advantage and to the best interest of the service. Salaries and wages of employees demoted will be adjusted to those of the lower classification. Such demotion may not be granted if it causes the lay-off or demotion of a regular, full-time employee. Voluntary demotion may also occur in the event of the elimination of a job in a higher classification, when the employee chooses to accept a job offered to him in the Village with a lower classification. There is no appeal of a voluntary demotion.
(4) Terminations.
Dismissal. An employee may be dismissed for dishonesty, drunkenness, recklessness on the job, inefficiency, habitual tardiness, misconduct, attitudes which constitute an unwholesome influence on other employees, unwillingness to perform adequate quality or quantity of work, failure to obey any reasonable order, the use of abusive language toward his superior, conviction of criminal acts, fraudulently obtaining sick or injury leave, or any other action or conduct that materially affects or impairs the efficiency of the Village's service or brings the Village into public disrepute. Upon the request of a department head, or at the Mayor's discretion, the Mayor may dismiss any employee at any time for any of the above causes. However, no dismissal shall be made for political, religious or any unlawful reason. A department head requesting the Mayor to dismiss an employee shall, at the time of making such request, make a detailed report in writing containing all the pertinent facts in connection with the cause for the requested dismissal. The Mayor, before dismissing the employee, may make or cause to be made such additional investigation as he deems necessary to verify the facts and shall give the employee a meaningful opportunity to be heard on the reasons for dismissal. An employee has the right to appeal an order of dismissal as prescribed by law.
(d) Resignation. An employee resigning his position shall, whenever possible, give sufficient advance notice of his intention to enable the Village to make proper provisions for the filling of his position. All resignations shall be in writing and shall include the date the employee plans to leave, together with the reasons therefor.
An employee whose date of separation falls between regular established pay dates will be paid on the first regular pay day of his department following the date of his separation. Under extreme circumstances, or if the employee is leaving the Village permanently, immediately following his separation, he may appeal to the Mayor for an earlier payment of his wages.
(Ord. 1995-3. Passed 2-13-95.)