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