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2016-653 REVISED FILE ORDINANCE NO. 2016-653 An ordinance establishing Progressive Discipline and Just Cause for employee discipline. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. Chapter 2.14 of the Code of General Ordinances of the City of Janesville is hereby created to read as follows: "Chapter 2.14 Progressive Discipline and Just Cause For Employee Discipline Sections: 2.14.010 Introduction - Intent 2.14.020 Incorporation of City Employee Conduct Rules, Policies, Handbook, and Procedures 2.14.030 Conflict of Provisions 2.14.040 Progressive Discipline 2.14.050 Employee Discipline Requires Just Cause 2.14.060 Appeals — Grievance Procedure 2.14.070 Chapter Not Applicable to Certain Employees 2.14.010 Introduction - Intent - City Of Janesville Progressive Discipline, Just Cause, and Grievance Procedure A. Progressive discipline is a system where the penalties for employee work misconduct and work rule violations increase upon repeat occurrences. B. City of Janesville (CoJ) employees shall only be subject to discipline for just cause. C. The intent of this ordinance is to establish a system of escalating employer responses to correct the negative behavior of an employee based upon the severity of the offense and the passage of time; up to and including termination, which may occur for a singular, serious occurrence of misconduct. 2.14.020 Incorporation of City Employee Conduct Rules, Policies, Handbook, and Procedures A. Reiterated and incorporated herein by reference as if fully set forth verbatim are the City's Administrative Policies, Personnel Policies, Employee Handbook, and the Employee Grievance Procedure, each as from time to time amended or renumbered. 2.14.030 Conflict of Provisions In the event of any conflict between any provision set forth in this Chapter and any the City's Administrative Policies, Personnel, Policies, Employee Handbook, or the Employee Grievance Procedure policy or rule, the provision(s) set forth in this chapter shall take precedence and govern. 2.14.040 Progressive Discipline A. City supervisors shall utilize Progressive Discipline for employee misconduct as follows: 1 . Counseling; 2. A verbal warning; 3. A written warning; 4. Suspension without pay; and/or 5. Termination from employment. B. The stage chosen for a particular infraction by a supervisor shall depend upon a variety of factors that shall include, but not be limited to, the severity (number and kind) of the infraction(s), the previous work history and conduct of the employee, other mitigating factors, and how the choice of discipline will affect others in the organization. C. Inherent in Progressive Discipline is regression to previous stages once enough time passes. Any similar infraction or work rule violation by an employee occurring more than five (5) years prior to a similar, current infraction or violation by the same employee shall not be considered in the determination of the appropriate level of discipline. D. Progressive Discipline need not be followed for serious misconduct or work rule violation(s). Termination, without the application of Progressive Discipline, may be implemented upon a singular serious or egregious incident of misconduct or work rule violation, notwithstanding anything in this Chapter to the contrary. 2.14.050 Employee Discipline Requires Just Cause No CoJ employee shall be subject to any employment discipline unless each if the following seven elements of Just Cause are satisfied: 1. The employee knew or should have known of the policy, rule, regulation, direction, or order. 2. The policy, rule, regulation, direction, or order was reasonable. 3. The employer investigated to determine that the employee committed a violation. 4. The investigation was fair and objective. 5. Substantial evidence existed of the employee's violation. 6. The policy, rule, regulation, direction, or order was consistently applied. 7. The discipline is reasonable and proportional to the work infraction or violation (the punishment fits the offense). 2.14.060 Appeals — Grievance Procedure A. Each affected employee may appeal decisions of employee discipline in the manner set forth in the City's Policy on Grievances, as from time to time amended or renumbered. B. The employer shall have the burden of proof on appeal, which burden shall be a mere preponderance of the evidence of (A) a violation, misconduct, or work rule/order infraction; and (B) the reasonableness of the discipline. C. The implementation of proposed discipline for minor violations and infractions shall be held in abeyance during an employee's appeal, but this provision does not prevent the employer from suspending any employee from work with pay and all customary benefits for any of the following: (A) for safety; (B) upon termination, or (C) other reason(s). 2.14.070 Chapter Not Applicable to Certain Employees The provisions set forth in this Chapter shall not apply to any of the following current or prospective employees: (A) Sworn personnel in either protective service (police or fire) including probationary employees as that term is defined or used in their respective collective bargaining agreements; but this Chapter shall apply to non-sworn police and fire department employees, except probationary; (B) Full and part-time union transit employees who are subject to a collective bargaining agreement (transit is a division); but this Chapter shall apply to non- union transit employees, except probationary; (C) Seasonal, probationary (less than six months of full time employment with the City of Janesville), or temporary employees; (D) City Manager, Assistant City Manager, department heads, or division heads. ADOPTED: December 12, 2016 Motion by: Liebert Second by: Tidwell APPROVED: Councilmember Aye Nay Pass Absent r Gu X �_ Gruber X Mark A. "reitag, City Manager Jorgensen X Liebert X AT/IT:. Marklein X ... Tidwell X /AAA r. Williams X David T. Godek, Cit Clerk-Treasurer APPROVED(1g-1 TO FORM: /�: / Wald Klimczyir, City Attorney Proposed by: Council President Prepared by: City Attorney J:Wttorney\Word\Shared\Ordinance Just Cause CP Liebert Revised 11032016.docx