(a) General Policy.
(1) All employees of the Village, except police department employees, serve at the pleasure of the Employer. However, to provide for the professional and consistent delivery of services, the Employer has adopted the following general principles for administering disciplinary actions of employees:
A. Employees should be advised of expected job behavior, the types of conduct that the Employer has determined to be unacceptable, and the normal penalties that may be expected for unacceptable behavior.
B. Immediate attention shall be given to policy infractions.
C. Deviations by employees from standard procedure should be clearly justified and documented by the employee with a copy to the supervisor.
D. Each offense shall be dealt with objectively.
E. Discipline for minor offenses, as determined by the Employer, should be progressively applied.
F. The Mayor will make final determinations regarding demotions, suspensions or terminations of employment, except for police department employees, with Council's concurrence.
G. The Appointing Authority or the Chief of Police or Fire in the case of their employees, shall be responsible for administering discipline (i.e., verbal warnings and written reprimands) and for making recommendations to the Employer regarding more severe discipline.
1. The Chief of Police shall have the exclusive authority to suspend employees of the police department. The Mayor may concur with or modify the Chief's decision.
2. The Chief of Fire shall have the exclusive authority to suspend employees of the fire department. The Mayor may concur with or modify the Chief's decision
(b) Progressive Discipline.
(1) The Employer has adopted this discipline policy as a guide for uniformly administering discipline. However, this policy shall not be interpreted as a delegation of, or a limitation upon the Employer's statutory rights and/or obligations set forth in the Ohio Revised Code or any other binding legislation or rule.
(2) This policy provides general discipline guidelines for specific offenses. The specific examples of offenses listed in any grouping are not totally inclusive and serve only as a non-binding guide.
(3) The guidelines provided in this policy do not preclude the application of a more or less severe penalty for any infraction when specific circumstances warrant such deviation.
(4) Disciplinary actions will generally not be considered, for progressive disciplinary purposes, after twenty-four (24) months; provided there has not been a subsequent disciplinary action taken during said twenty-four (24) month period. Notwithstanding the forgoing, disciplinary actions for immoral or illegal conduct may be considered during the entire period of the employee's employment with the Employer.
(5) All records of discipline shall be maintained in the employee's personnel file.
(6) Procedure.
A. Supervisors may issue verbal and written warnings. The forms shall be completed and signed by the supervisor responsible for administering discipline, delivered to the employee, signed by the employee (if applicable) and placed in the employee's personnel file.
B. The Mayor has authority to temporarily reassign or reduce an employee's classification or pay, or suspend or terminate an employee with Council's concurrence.
C. The Chief of Police has exclusive authority to suspend police department employees for incompetence, gross neglect of duty, gross immorality, habitual drunkenness, failure to obey orders or for any other reasonable and just cause. Suspensions shall be certified by the Chief to the Mayor for inquiry within five (5) days and a true copy of the charges served upon the employee in accordance with O.R.C. §737.19. The Mayor may uphold, modify or dismiss the suspension.
D. Police employees suspended for more than three (3) days, reduced in rank or pay, or dismissed by the Mayor, may appeal the action to the legislative authority of the Village within five (5) days from the date of the Mayor's judgment.
1. The legislative authority shall hear the appeal at its next regularly scheduled meeting. The employee may appear in person and/or by counsel, examine all witnesses and answer all charges.
2. The legislative authority may uphold or modify the Mayor's decision or dismiss the charges. The legislative authority must agree by a two-thirds (2/3) majority to suspend or discharge the employee.
(c) Guidelines for Disciplinary Action and Procedure.
(1) The following forms of misconduct may be the basis for which a reduction, suspension, or removal of an employee may be taken:
A. Neglect of duty;
B. Incompetency;
C. Inefficiency;
D. Dishonesty;
E. Drunkenness;
F. Immoral conduct;
G. Insubordination;
H. Discourteous treatment of the public
I. Any other acts of misfeasance, malfeasance or nonfeasance.
(2) The offenses set forth in Groups I, II, and III of this policy are non-inclusive examples of the above listed forms of misconduct which the Employer has determined may warrant the disciplinary action outlined.
GROUP I OFFENSES
FIRST OFFENSE Verbal counseling and instruction; verbal warning
SECOND OFFENSE Written reprimand
THIRD OFFENSE One (1) to three (3) day suspension without pay
FOURTH OFFENSE Five (5) to fifteen (15) day suspension without pay
FIFTH OFFENSE Up to and including termination
Examples of Group I offenses, with the applicable misconduct types in parentheses, are:
A. Failure to properly or completely sign in or out (inefficiency, neglect of duty, malfeasance, or nonfeasance).
B. Failure to properly "report off' work for any absence or failure to notify the proper party of absence prior to the employee's scheduled starting time (neglect of duty, malfeasance, or nonfeasance).
C. Creating or contributing to unsanitary or unsafe conditions or poor housekeeping (inefficiency, neglect of duty, malfeasance, or nonfeasance).
D. Failure to observe official safety rules (inefficiency, neglect of duty, malfeasance, nonfeasance).
E. Inattention to the needs of the public (discourteous treatment of public, malfeasance, or nonfeasance).
F. Distracting the attention of others, unnecessary shouting, use of profane or other inappropriate language, or otherwise causing disruptions on the job (inefficiency, neglect of duty, malfeasance, or nonfeasance).
G. Malicious mischief, horseplay, wrestling or other potentially harmful conduct (inefficiency, immoral conduct, discourteous treatment of public, malfeasance, or nonfeasance).
H. Interfering with the work performance of subordinates or other employees (inefficiency, neglect of duty, malfeasance, nonfeasance, or misfeasance).
I. Failure to cooperate with other employees (inefficiency, neglect of duty, malfeasance, or nonfeasance).
J. Neglect of, or careless failure to observe Employer rules, regulations, policies, and procedures (inefficiency, neglect of duty, malfeasance, or nonfeasance).
K. Excessive garnishments (malfeasance or nonfeasance).
L. Use or possession of another employee's working equipment or property without approval (dishonesty, malfeasance, or misfeasance).
M. Unauthorized use of the Employer's telephone for other than business purposes (inefficiency, neglect of duty, malfeasance, misfeasance, or nonfeasance).
N. Obligating the Employer for any minor expense, service or performance without prior authorization (dishonesty, neglect of duty, malfeasance, or misfeasance).
O. Neglect of, or careless failure to care for Employer property or equipment (inefficiency, neglect of duty, malfeasance, or nonfeasance).
P. Disregarding job duties by neglect of work (e.g., reading for pleasure, playing cards, viewing T.V., etc.) during work hours (inefficiency, neglect of duty, malfeasance, or nonfeasance).
Q. Inefficiency (e.g., lack of application or effort on the job, unsatisfactory performance, failure to maintain required performance standards, etc.)
(inefficiency, neglect of duty, malfeasance or nonfeasance).
R. Neglect of, or careless failure, to prepare required reports or documents (inefficiency, neglect of duty, malfeasance, or nonfeasance).
S. Failure of a supervisor to administer discipline as provided herein or to otherwise enforce the rules, regulations, policies and procedures of the Employer (inefficiency, neglect of duty, malfeasance, or nonfeasance).
GROUP II OFFENSES
FIRST OFFENSE Verbal counseling and written reprimand
SECOND OFFENSE one (1) to three (3) day suspension without pay
TIIIRD OFFENSE Five (5) to fifteen (15) day suspension without pay
FOURTH OFFENSE Up to and including termination
Examples of Group II offenses with the applicable misconduct types in parentheses are:
A. Sleeping during work hours (inefficiency, neglect of duty, malfeasance, or misfeasance).
B. Reporting to work or working while unfit for duty (incompetence or malfeasance).
C. Failure to report for scheduled overtime work, without proper excuse (inefficiency, neglect of duty, malfeasance, or nonfeasance).
D. Leaving a post of continuous operations prior to being relieved by an employee of the incoming shift (neglect of duty, malfeasance, or nonfeasance).
E. Willful refusal to sign in or out when required (inefficiency, neglect of duty, malfeasance, or nonfeasance).
F. Conducting private business or work on Employer time (inefficiency, neglect of duty, malfeasance, or misfeasance).
G. Neglect or careless failure to observe official safety rules, or common safety practices (inefficiency, neglect of duty, malfeasance, or nonfeasance).
H. Failure to report accidents (inefficiency, neglect of duty, malfeasance, or nonfeasance).
I. Discourteous treatment of the public (discourteous treatment of public or malfeasance).
J. Threatening, intimidating or coercing subordinates or other employees (inefficiency, neglect of duty, malfeasance, or misfeasance).
K. Use of abusive or offensive language toward subordinates or other employees (immoral conduct, misfeasance, or malfeasance).
L. Making or publishing false, vicious or malicious statements concerning other employees, the Employer or its operations (dishonesty, insubordination, or malfeasance).
M. Willful disregard of the Employer's rules, regulations, policies and procedures (inefficiency, neglect of duty, insubordination, misfeasance, malfeasance, or nonfeasance).
N. Negligent failure to obey a legal order of a supervisor or failure to carry out work assignments, including verbal instructions (inefficiency, neglect of duty, malfeasance, or misfeasance).
O. Neglect or carelessness in the use of Employer property or equipment (inefficiency, neglect of duty, malfeasance, or nonfeasance).
P. Obligating the Employer for a major expense, service or performance without prior authorization (dishonesty, neglect of duty, malfeasance, or misfeasance).
Q. Unauthorized use of Employer property or equipment, including unauthorized reproduction of this manual (inefficiency, neglect of duty, malfeasance, or misfeasance).
R. Failure to report equipment damage (inefficiency, neglect of duty, malfeasance, or nonfeasance).
S. A traffic violation or accident while driving an Employer-owned vehicle (inefficiency, neglect of duty, malfeasance, or misfeasance).
T. Refusing to provide testimony in court, during a public hearing or any other official hearing, investigation or proceeding involving the Employer (insubordination, malfeasance, or nonfeasance).
U. Refusing to provide testimony or information concerning any investigation (insubordination, malfeasance, or nonfeasance).
V. Engaging in off-duty employment activities which the Employer has determined to be an interest or time conflict (inefficiency, neglect of duty, malfeasance, or misfeasance).
W. Possession or storage of alcoholic beverages on the Employer's premises (neglect of duty, drunkenness, or malfeasance).
X. Unauthorized presence on the Employer's property (malfeasance or misfeasance).
Y. Habitual neglect of completing required reports or documents on time (inefficiency, neglect of duty, malfeasance, incompetency, or nonfeasance).
Z. Willful failure to complete required reports and documents on time (inefficiency, neglect of duty, malfeasance, insubordination, or nonfeasance).
GROUP III OFFENSES
FIRST OFFENSE Up to and including termination
Examples of Group III offenses with the applicable misconduct types in parentheses are:
A. Instigating, leading or participating in any walkout, sit-down, stand-in, call-in, slow-down, refusal to return to work at the scheduled time for a scheduled shift or other concerted curtailment, restriction or interference with work in or about the Employer's premises (neglect of duty, malfeasance, insubordination, or misfeasance).
B. Refusal, without a legitimate reason, to work during emergency situations or conditions (insubordination, neglect of duty, malfeasance, or nonfeasance).
C. Signing or altering other employees' time records; altering one's own time records or having one's time records signed or altered by another, without authorization (dishonesty or malfeasance).
D. Knowingly concealing a communicable disease (i.e., T.B., etc.) which may endanger others (neglect of duty, misfeasance, or malfeasance).
E. Carrying or possessing firearms, explosives, or weapons on Employer property at any time in violation of law (malfeasance or misfeasance).
F. Willfully withholding information which threatens the safety and security of the Employer, its operations, or employees (dishonesty, nonfeasance, misfeasance, or malfeasance).
G. Willfully demeaning, verbally abusing and/or humiliating another person (discourteous treatment of the public, neglect of duty, or malfeasance).
H. Committing an act of discrimination, sexual harassment or engaging in conduct which insults or offends another on the basis of race, color, sex, age, religion, national origin, or disability or retaliating against any person who files a complaint alleging such act (immoral conduct, neglect of duty, or malfeasance).
I. Fighting with, or attempting to injure, other employees (discourteous treatment of the public, neglect of duty, or malfeasance).
J. Insubordination by refusing to perform assigned work or to comply with written or verbal instructions of a supervisor (insubordination, neglect of duty, malfeasance, or nonfeasance).
K. Providing false testimony, statements or information in any official Employer, court or administrative investigation, hearing or proceeding (dishonesty, malfeasance, or neglect of duty).
L. Providing false information, making a false statement, committing a fraudulent act or withholding pertinent information in the employment application process (dishonesty, misfeasance, or malfeasance).
M. Violating the Employer's gambling policy as contained in this manual (inefficiency, neglect of duty, non-feasance, misfeasance, or malfeasance).
N. Stealing or similar conduct, including destroying, damaging, concealing or converting any property of the Employer or of other employees (dishonesty or malfeasance).
O. Dishonesty or dishonest actions [i.e., theft, pilfering, making false statements to secure an excused absence or justify an absence or tardiness. These are examples only and do not limit the terms dishonesty and dishonest action (dishonesty or malfeasance).
P. Wanton or willful neglect in the performance of assigned duties (inefficiency, neglect of duty, insubordination, misfeasance, or malfeasance).
Q. The unlawful manufacture, distribution, dispensation, possession, use, or being under the influence of a controlled substance which takes place in whole or in part in the workplace and/or a violation of the reporting requirements of the Employer's Drug Free Workplace Policy (drunkenness, immoral conduct, neglect of duty, or malfeasance).
R. Driving a motor vehicle on duty or Employer business without a valid, Ohio operator's license or Commercial Driver's License with proper endorsements (dishonesty, malfeasance, or neglect of duty).
S. Failure to obtain, maintain and/or report the loss of required licenses, certifications, or other qualifications of an employee's position (dishonesty, malfeasance, or neglect of duty).
T. Conviction of any violation of law which may adversely affect the public's trust in the employee's ability to perform the duties of the employee's position (dishonesty or malfeasance).
U. Intentional misuse of Employer or other public funds (dishonesty, neglect of duty, misfeasance, or malfeasance).
V. Willful neglect or intentional misuse, abuse or destruction of the property, equipment or tools of the Employer or another employee (inefficiency, neglect of duty, misfeasance, or malfeasance).
W. Using Village computer system in violation of Village policy by accessing sexually explicit web pages, sending sexually explicit e-mails, threatening e-mails, or accessing pornographic material on the Internet.
X. Soliciting or accepting a gift, gratuity, bribe or reward for the private use of the employee, or otherwise using one's position, identification, name, photograph or title for personal gain, or otherwise violating the Employer's code of ethics or Ohio's ethics laws for public employees (inefficiency, neglect of duty, dishonesty, misfeasance, or malfeasance).
Y. Making false claims or misrepresentations in an attempt to obtain any benefit (dishonesty, neglect of duty, or malfeasance).
Z. Misuse or removal of documents or information of a confidential nature or revealing such information without prior, appropriate authorization (dishonesty, neglect of duty, misfeasance, or malfeasance).
AA. Misuse, removal, or destruction of Employer records without prior authorization (dishonesty, neglect of duty, misfeasance, or malfeasance).
(3) A working suspension may be issued to an employee in lieu of time off without pay. Typically, working suspensions will be utilized when there are absenteeism issues.
(d) Appeals of Disciplinary Process.
(1) Employees, other than police department employees, may appeal suspensions or reductions in pay through the internal procedure contained in this manual.
(2) Police department employees may appeal suspensions of more than three (3) days, reductions in rank, or removal from the department to the Village Council as prescribed in the Ohio Revised Code.
(Ord. 5-19-725. Passed 5-1-19.)