§ 22-28. Hiring and disciplinary action.

(a)

All officers are appointed to their office by the city council. All nonofficer employees are hired by the chief. All employees serve at the will of the village and may be discharged from employment and/or removed from office with the village, with or without cause. Nothing in the manual or this article, creates a property interest in an employee or an expectation in continuing their employment with the village.

(b)

Nonofficer employees may be discharged without cause by the chief, which requires no notice to the employee, nor opportunity to be heard. Nonofficer employees may also be discharged for cause, in which event the procedures of subsection (d) of this section shall be followed.

(c)

Officers may only be removed from office by the city council. If the removal from office is without cause, the removal becomes effective upon the vote of two-thirds of the elected councilmembers of the city council in favor of a resolution declaring a lack of confidence in the officer, and no notice to the officer or opportunity to be heard by the officer is required. Officers may also be discharged for cause, in which event the procedures of subsection (d) of this section shall be followed.

(d)

In the event that an employee is guilty of incompetency, corruption, misconduct, or malfeasance in their employment with the village, the employee, before being discharged or removed from office shall be provided with due notice and an opportunity to be heard as set forth herein. Any violation of the manual constitutes incompetency, corruption, misconduct, and/or malfeasance. Before any action is taken with respect to removal from office, the employee will be given at least 72 hours notice of the charges against him before a hearing is held. Any hearings will be private unless the employee requests a public hearing, in which event the hearing will be public. At such hearing, the employee may be represented by an attorney of their choice, and may cross examine any witnesses, call witnesses, present statements, and present any other evidence on his own behalf. The city council may remove the officer upon simple majority vote of those present and voting. The decision of the city council is final.

(e)

Nothing herein shall be construed as preventing the chief from taking other disciplinary action short of removal from office as specified in the manual, including, but not limited to, suspension, with or without pay, if warranted.

(f)

In the event that an employee believes that his liberty interests have been violated, the employee may request in writing a name-clearing hearing before the city council within five days of any such violation. The city council will then hold a hearing to permit the employee to address any such violations of the employee's liberty interests. In the event that an employee does not request such hearing in writing to the city council within five days of the alleged violation of the liberty interest, then the employee will have waived any right of hearing on such interest by the city council.

(g)

Nothing herein shall limit the right of the city council in overriding any employment or disciplinary decision made by the chief of police. However, in the event that an employee does not appeal any such decision in writing to the city council within five days of the decision, then the employee will have waived any right of review by the city council.

(Ord. No. 95-12, § 4, 4-11-1995)