As used herein, the following terms shall be given and be deemed to have the meanings hereinafter provided:
BOARD: The President and Board of Trustees of the Village of Willowbrook, DuPage County, Illinois.
BURDEN OF PROOF: That burden which rests upon supervisory personnel, the department or the Village Administrator to establish the affirmative of an issue or the existence of a material fact or facts by the degree or quantum of proof required.
CAUSE: Some substantial shortcoming in the performance of one's duty as an employee which renders said employee's continuance in employment, permanently or for a period of time, detrimental to the discipline and efficiency of his department or adversely impacts upon the Village's ability to provide services to its residents. Cause shall be deemed to include, but not by way of limitation, any violation of Federal or State laws or statutes, Municipal ordinances or published rules and regulations pertaining to the department or job classification of the employee or the failure or refusal to comply with a reasonable order or request of a Supervisor.
COUNSEL: Any attorney registered and licensed to practice law under the laws of the State of Illinois or any other State with which the State of Illinois has reciprocity.
DEMOTION: The reduction in grade of an employee with or without a corresponding reduction in compensation.
FULL TIME EMPLOYEE: A regularly scheduled employee who is employed to perform his duties fifty two (52) weeks per year (less all permitted vacation, sick or other personal leave time) who shall be employed to work in excess of an average of thirty five (35) hours per week (as distinguished from temporary, part time or probationary employees) other than sworn officers of the Police Department, including the Chief of Police.
HEARING: Any proceeding before the Hearing Board conducted pursuant to the provisions of this chapter.
HEARING BOARD: The board which may be appointed hereunder for the purpose of conducting hearings related to the removal, suspension, demotion or discharge of any regular, full time employee or any supervisory personnel of the Village other than sworn officers of the Police Department, including the Chief of Police.
PREPONDERANCE OF EVIDENCE: The greater weight of the evidence, that is to say, it rests with that evidence which, when fairly considered, produces the stronger impression, and has a greater weight, and is more convincing as to its truth when weighed against the evidence in opposition thereto.
PROBATIONARY EMPLOYEE: An employee who shall not have attained at the time of any occurrence, permanent status which, in the case of all employees other than sworn officers of the Police Department, shall be six (6) months. This definition shall not be deemed to include probationary sworn officers of the Police Department, who are governed by the rules and regulations promulgated by the Board of Police Commissioners.
REASONABLE DOUBT: A reasonable doubt exists whenever, after careful and impartial consideration of all the evidence, the Hearing Board does not feel convinced of a moral certainty that an employee is guilty of the conduct alleged.
REPRIMAND:
(A) Oral Reprimand: A verbal reprimand of an employee given by some supervisory personnel having charge, jurisdiction or command over said employee with a brief written notation thereof, filed in the office of the appropriate department head.
(B) Written Reprimand: A written report detailing some violation by an employee of a rule, regulation or procedure published or otherwise formally adopted or the failure or refusal to comply with a reasonable order or request of a Supervisor which report must be made when disciplinary action is taken by the Supervisor or requested to be taken by the Hearing Board.
SUPERVISORY PERSONNEL: Personnel occupying the position of Village Administrator, Department Head(s), Superintendents, Directors, foremen and any and all other personnel, regardless of title or job description, having as part of their job related duties, the performance of supervisory functions over other employees, other than sworn officers of the Police Department, including the Chief of Police.
SUSPENSION: The act of temporarily denying an employee the privilege of performing his duties as a consequence of one or more violations of rules, regulations or other procedures, published or otherwise formally adopted, and applicable to the job performance of the employee suspended. The suspended employee does not ordinarily receive pay during the period of suspension.
(A) Emergency Suspension: A suspension of one day or a tour of duty, whichever is applicable, or for so long as the emergency exists which is occasioned by a serious complaint or allegation of wrongdoing on the part of an employee and which suspension is given to preserve the integrity of the Village.
(B) Short Term Suspension: A suspension of five (5) days or any lesser period.
(C) Long Term Suspension: A suspension for a period of thirty (30) days or any lesser period exceeding five (5) days. (Ord. 02-O-01, 2-11-2002; amd. Ord. 09-O-11, 4-13-2009, eff. 5-1-2009)