Chapter 37 PERSONNEL POLICY

The purpose of this personnel policy manual is to provide clear and easily understood guidelines for the control of personnel activities of the city in accordance with the rules and regulations of the city departments and applicable ordinances passed by the city council. (Ord. 1212, passed 2-6-95)

These personnel policies shall apply to all employees in the service of the Wilmington city government except the following:
(A) City officials who are elected by the people.
(B) Volunteer personnel who receive no regular compensation from the city.
(C) Seasonal employees of less than 90 days duration.
(D) Temporary employees of less than 120 days duration.
(E) Employees covered under a union contract. (Ord. 1212, passed 2-6-95)

A. Revisions may be proposed by department heads, the city attorney, the city council, or any other interested party. It shall be the responsibility of the city attorney to determine whether the proposed revisions are in conflict with existing rules and regulations before submitting them to the city council for consideration. Revisions shall become effective upon adoption by the city council in accordance with applicable state statutes.
B. The provisions contained in Chapter 37, Personnel Policies, shall not be construed as creating a contract between the city of Wilmington and its employees and that the city may from time to time alter, change, amend, modify, repeal any existing requirements or impose new or additional requirements under this chapter as the city from time to time believes is in the best interest of the residents of the city of Wilmington, Will County, Illinois. (Ord. 1212, passed 2-6-95; Am. Ord. 08-07-15-01, passed 7-15-08)

All appointments and promotions to all positions within the city shall be appointed by the mayor and approved by the city council and shall be solely on the basis of merit, which shall be determined by evaluation of the applicants:
(A) Training, education, experience and physical fitness,
(B) Oral interview, and
(C) Whenever practical, an examination or demonstration test. (Ord. 1212, passed 2-6-95)

The minimum age for employment as a probationary employee shall be 18 years of age with the exception of police dispatchers which will be 21 years of age. The minimum age for employment of a seasonal employee shall be 16 years of age. (Ord. 1212, passed 2-6-95; Am. Ord. 06-11-21-03, passed 11-21-06)

All job vacancies occurring in the city shall, whenever possible, be filled by promotion of a qualified employee within the city service. However, the city may recruit applicants from outside whenever there is reason to believe that better qualified applicants are available outside the city service. (Ord. 1212, passed 2-6-95)

Promotion within the city service shall be based on the qualifications (consisting of prior work experience, performance records and, where feasible, examination) and seniority of the person being appointed. Usually, the first consideration in filling of vacancies will be given to the most qualified senior applicant in the department in which the vacancy exists. Next, consideration will be given to the most qualified senior applicant from outside the department, but within the city service. If no acceptable applicant is found within the service, the vacancy will be filled from outside. (Ord. 1212, passed 2-6-95)

Each employee receiving an appointment or promotion to a permanent position in the city must serve a probationary period of six months before the appointment or promotion shall be considered permanent.
(A) During the probationary period of a new employee, the employee is not eligible for fringe benefits such as vacation and sick leave.
(B) Wages for designated holidays falling within the probationary period will be paid to probationary employees.
(C) During the probationary period, employee work habits, abilities, attitude, promptness and other pertinent characteristics will be observed and evaluated by the supervisor, department head and/or other appropriate city officials. A performance rating shall be completed at the end of the probationary period.
(D) If the new probationary employee fails to meet required standards of performance, that employee shall be discharged by the personnel committee without rights to an appeal; however, if the employee was promoted from a permanent position, that employee may be restored to the position from which he/she was promoted or to a comparable position.
(E) No pay raises shall be granted to an employee who is on probation. (Ord. 1212, passed 2-6-95)

The established work week for all full-time employees in the employ of the city shall be 40 hours and shall be the same for all persons occupying full-time positions under the same conditions. The work schedule for each department shall be established by each department head. (Ord. 1212, passed 2-6-95)

New Year’s Day	January 1st
Employee’s Birthday	Employee’s Birthdate
Good Friday	Friday before Easter
Memorial Day	As designated by council
Independence Day	July 4th
Labor Day	1st Monday in September
Thanksgiving Day	4th Thursday in November
Day After Thanksgiving	Friday following Thanksgiving
Christmas Eve	December 24th
Christmas Day	December 25th

(A) When a holiday falls on Saturday, the preceding Friday shall be observed as a holiday. When a holiday falls on Sunday, the following Monday shall be observed as the holiday.
(B) When a holiday occurs during a permanent employee’s vacation period, or regularly assigned day off, the employee will be paid eight hours straight time.
(C) If the employee’s birthday falls on a holiday, weekend or employee’s vacation period, the employee will take this holiday before or after his/her birthday or as soon as possible thereafter.
(D) Where employees are scheduled and required to work on a designated holiday, employees shall be paid at time and a half plus holiday pay.
(E) An employee must work his/her scheduled day immediately before and after a holiday unless he/she has an excused paid absence, such as sick leave, which will require a doctor’s certificate for verification and pay.
(F) If a holiday falls on a Friday or a Monday, City Hall will be closed on Saturday. (Ord. 1212, passed 2-6-95)

When an employee who is eligible to receive overtime pay is summoned back to the workplace by the department head or by his/her agent to perform emergency duty during scheduled off hours, a minimum of two hours at the time and a half rate shall be provided. If the employee already is on duty, only actual time worked shall be at time and a half. (Ord. 1212, passed 2-6-95)

1--5 years service	2 weeks; commencing after one year of service on the anniversary date.
6--9 years service	3 weeks; commencing with the calendar year in which the employee attains six years of service on the anniversary date.
10--14 years service	4 weeks; commencing with the calendar year in which the employee attains ten years of service on the anniversary date.
15--24 years service	5 weeks; commencing with the calendar year in which the employee attains fifteen years of service on the anniversary date.
25 + years service	6 weeks; commencing with the calendar year in which the employee attains twenty-five years of service on the anniversary.

(A) The probationary period shall be counted as continuous service when calculating vacation benefits.
(B) If a holiday falls within a vacation period, an additional vacation day or extra day’s pay at regular rate of pay shall be credited to the employee.
(C) Vacation time is not cumulative and, therefore, must be taken in the year earned. Unused vacation shall be forfeited.
(D) In establishing employee vacation schedules, each department head shall consider both the employee’s preference and the operating needs of the department. All vacations shall be established in January. Schedules shall be prepared and posted on or before January 15th. Requests for changes in vacation schedules as initially established shall be allowed at the discretion of the department head. Employees will be permitted, if practical, to split their vacation time; however, their second choice shall not be permitted to conflict with the choice of another employee. To minimize the disruption, in cases of conflict over vacation schedules, the employee with the most seniority will receive preference.
(E) No salary payment shall be made in lieu of vacation earned but not taken except in situations where an employee resigns in good standing or upon the death of a permanent employee. (Ord. 1212, passed 2-6-95)

All permanent including salaried and hourly employees shall accumulate 12 sick leave days per year commencing January 1, 2002. The department head or city administrator may require evidence to substantiate that such leave days were used for the purposes described herein.
(A) Employees shall be allowed to carry over from year to year of continuous service any unused sick leave, up to a maximum of 120 days.
(B) An employee who is unable to report for work because of one of the above reasons, shall notify the supervisor or the department head promptly. Sick leave can only be authorized by the department head.
(C) Sick leave with pay in excess of eight days shall be allowed only after the employee has presented a written statement by a physician certifying that the employee’s condition prevented said employee from appearing for work and returning to work during the defined period. The statement will become part of the employee’s personnel record. Four consecutive days requires a doctor’s slip.
(D) Surgery, accident or severe illness will require a fitness for return to work slip from the employee’s doctor.
(E) Employees not covered by a union contract will be granted three (3) personal leave days per calendar year. (Ord. 1212, passed 2-6-95; Am. Ord. 1408, passed 3-20-02; Am. Ord. 08-07-15-01, passed 7-15-08)

A permanent full- or part-time employee who is temporarily disabled only in line of duty shall receive workmen’s compensation/IMRF benefits for the period of his disability without charge against his vacation or sick leave, subject to the following conditions:
(A) Provided that the disability resulted from an injury or illness sustained directly in the performance of the employee’s work as provided in the State’s Workmen’s Compensation Act.
(B) A physician selected or approved by the city shall determine the physical ability of the employee to continue working or to return to work.
(C) Every accidental injury or disability in the line of duty shall be reported promptly to the department head and a written incident report shall be prepared. (Ord. 1212, passed 2-6-95)

An employee may be granted by the department head three days leave with pay depending on funeral arrangements and travel requirements in the event of the death of employee’s spouse, child, brother, sister, step-child, parents, step-parents, grandparents or grandchild and of the same relationship of the spouse.
(A) Such leave shall not be deducted from either sick leave or vacation leave.
(B) The city may require proof of death, relationship and/or attendance at the funeral.
(C) A five-day maximum leave on out of state funerals or funerals approximately 500 miles from Wilmington. (Ord. 1212, passed 2-6-95)

The city council may grant a leave of absence without pay or other benefits to permanent employees for periods not to exceed six months. Such leaves may be extended for good cause by the city council for an additional six-month period. Seniority shall not accrue to employees while on a general leave. (Ord. 1212, passed 2-6-95)

(A) A permanent employee called for jury duty or subpoenaed by any judicial or administrative tribunal, shall be allowed time away from work with pay for such purposes. The employee shall provide proof of service.
(B) Temporary employees shall be allowed time off without pay for jury duty.
(C) Employees shall be allowed to keep any payment received. (Ord. 1212, passed 2-6-95)

(A) Employees shall be granted leaves of absence to cover periods of their pregnancy. The length of such leave shall not exceed six months, but an additional leave may be granted under the provisions of a general leave.
(B) Sick leave may be used to cover periods of absence during pregnancy and convalescence, thereafter, with no loss of benefits.
(1) A pregnant employee shall inform her supervisor of her condition no later than three months prior to her expected date of delivery and shall present to her department head a written statement, signed by her physician stating the expected date of delivery.
(2) A pregnant employee may continue in regular employment so long as her physician, upon request by the department head, states in writing that she is able to perform her normal work assignments.
(3) An employee who has been absent because of maternity leave may return to employment as soon as her physician advises the employing agency in writing that she is then able to perform her normal work assignments.
(4) If the department head, or in the case of the department head, the city council, has reason to believe that the employee is unable to perform her duties, the department head, or in the case of the department head, the city council, may seek and rely upon the decision of an impartial physician to determine the physical ability of the employee to continue working or to return to work. (Ord. 1212, passed 2-6-95)

Employees of the city may receive a leave of absence, not to exceed 10 working days annually, for participating in annual training in the National Guard or other Reserve Armed Forces. Requests for such leave must be made 30 days in advance when possible, accompanied by a copy of official orders requiring such training.
(A) Compensation for this period of military leave shall be limited to pay received from the military.
(B) National Guard or other Reserve Armed Forces call-up will be compensated as above. (Ord. 1212, passed 2-6-95)

When an employee returns from a general leave of absence of six months or less, the city may return the employee to the same or similar job having the same rate of pay as previously held by the employee plus any intervening wage increases. However, if a general leave of absence is granted, the employee has no right to return to the same or similar job. (Ord. 1212, passed 2-6-95)

(A) Permanent employees of the city may be granted leave with pay to attend work-related professional meetings, training institutes and conferences of brief duration at the discretion of the department head and with the prior approval of the city council. Full costs of such institutes shall born by the city.
(B) Tuition at accredited colleges, universities and technical schools. Subject to budget and availability of funds specifically budgeted for this purpose, the written approval of the city administrator prior to enrolling in any course and a final grade of C or its equivalent or above, the city will reimburse any full-time employee not subject to a collective bargaining agreement for tuition expense at an accredited college, university, junior college or technical school for courses related to the employee’s job duties in the lesser of the amount of the tuition or $700.00 per fiscal year. (Ord. 1212, passed 2-6-95; Am. Ord. 08-07-15-01, passed 7-15-08)

Employees of the city, with the exception of persons employed on a part-time, temporary or seasonal basis, shall not be employed in other occupations without the approval of the department head. This applies to any form of non-city activity, whether part-time, temporary or permanent for which the employee receives money, goods, services or other forms of compensation.
(A) Employees wishing to hold outside jobs shall apply in writing to the appointing authority for approval. In granting or withholding permission, the department head shall consider whether or not outside employment will conflict with his/her official responsibility or interfere with the employee’s performance in the city service.
(B) All requests, whether approved or disapproved, shall be placed in the employee’s personnel file.
(C) Each change in outside employment shall require separate approval.
(D) While working on outside jobs, city employees, except police officers working on special details, are not covered by the workmen’s compensation insurance carried by the city. For this reason, the department head may disapprove a request to do outside work if he feels it to be too hazardous. (Ord. 1212, passed 2-6-95)

No employee of the city shall have any financial interest in the profits of any contract, service or other work performed by the city, or shall personally profit directly or indirectly from any person or company, unless said employee discloses his/her financial interest and said benefit is granted as a result of following the formal bidding requirements of the city. (Ord. 1212, passed 2-6-95)

An employee shall not accept gifts, gratuities or loans from organizations, business concerns or individuals with whom he has official relationships on business of the city government. These limitations are not intended to prohibit the acceptance of articles of negligible value, which are distributed generally, nor to prohibit employees from accepting social courtesies which promote good public relations, nor to prohibit employees from obtaining loans from regular lending institutions. (Ord. 1212, passed 2-6-95)

Any employee may be discharged in accordance with the discharge procedures controlling his/her position for participation during regular working hours in any of the following acts:
(A) Participating in the organization of any political meeting.
(B) Soliciting money from any person for any political purpose.
(C) Selling or distributing tickets for political meetings.
(D) Assisting at the polls in behalf of any party or party-designated candidate on any election day.
(E) Using or threatening to use the influence or authority of his/her position to coerce or to persuade any person to follow any course of political action.
(F) Initiating or circulation of any petitions on behalf of a candidate or in support of a political issue.
(G) Making contributions of money in behalf of any candidate for office or of any public or political issue.
(H) Distributing campaign literature or materials in behalf of any candidate. (Ord. 1212, passed 2-6-95)

City telephones are for official business of the city and employees with extensive telephone contact are required to be proficient in their dealings with the public.
(A) Clerks, secretaries and other employees are expected to treat callers in a helpful and courteous manner and to assist them to the extent possible in resolving their problem in a way that will reflect favorably on the city.
(B) Employees are permitted to use city telephones for personal reasons in case of personal emergencies only. This is a privilege and not a right and may be withdrawn by the department head if abused through excessive use or if telephoning causes interference with work duties.
(C) Toll and extra-unit calls may be made only with the prior approval of the department head and at the employee’s expense.
(D) Employees shall discourage persons from telephoning them at work. (Ord. 1212, passed 2-6-95)

Unless authorized by the city council, all solicitations among city employees during working hours for charitable or any other purpose or purposes and all selling of tickets, magazines or merchandise of any kind are prohibited. This restriction applies to all solicitation, selling or peddling of every nature whether by city employees or nonemployees. (Ord. 1212, passed 2-6-95)

The most effective accomplishment of the work of the city requires prompt consideration and equitable adjustment of employee grievances. It is the desire of the city to adjust the causes of grievances informally and both supervisors and employees are expected to make every effort to resolve problems as they arise. (Ord. 1212, passed 2-6-95)

The personnel committee shall convene a meeting within 14 working days of receipt of the written grievance. The employee, the supervisor, the department head and any other interested party shall have the right to be heard. The personnel committee shall then take appropriate action which may include:
(A) Recommendations to change rules and regulations.
(B) A finding that the grievance is or is not justified. (Ord. 1212, passed 2-6-95)

It shall be the duty of all city employees to comply with, and to assist in carrying into effect, the provisions of the city’s personnel rules and regulations. No permanent employee shall be disciplined except for violation of established rules and regulations, and such discipline shall be in accordance with procedures established by the personnel rules and regulations.
(A) It is the duty of every employee to attempt to correct faulty performance when called to their attention and to make every effort to avoid conflict with the city’s rules and regulations.
(B) It is the duty of every supervisor to discuss improper or inadequate performance with the employee in order to correct the deficiencies to avoid the need to exercise disciplinary action. Discipline shall be, whenever possible, of an increasingly progressive nature, the steps of progression being:
Warning, Oral;
Warning, Written;
Suspension;
Discharge.
(Ord. 1212, passed 2-6-95)

The following are declared to be grounds for disciplinary action of any permanent employee:
(A) Conviction of a felony or other crime involving moral turpitude.
(B) Acts of incompetency.
(C) Absence without leave.
(D) Acts of insubordination.
(E) Intentional failure or refusal to carry out instructions.
(F) Misappropriation, destruction, theft or conversion of city property.
(G) Refusal or neglect to pay just debts. Maintenance of efforts to pay debts must be shown to clear employee of neglect charges.
(H) Unfit for the performance of his/her duties or refusal to submit to examination by a city authorized licensed physician.
(I) Acts of misconduct while on duty.
(J) Willful disregard of orders.
(K) Habitual tardiness and/or absenteeism.
(L) Falsification of any information required by the city.
(M) Failure to properly report accidents or personal injuries while on duty to immediate supervisor.
(N) Neglect or carelessness resulting in damage to city property or equipment.
(O) Repeated convictions during employment on misdemeanor and/or traffic charges.
(P) Introduction, possession or use on city property, or in city equipment, of intoxicating liquors or drugs or proceeding to or from work or appearing in uniform under the influence of liquor or drugs.
(Q) Improper political activity in violation of the Hatch Act or this chapter. (Ord. 1212, passed 2-6-95)

A written notice shall be given to each employee stating the reasons for the disciplinary action and the date it is to take effect. The notice is to be given to the employee at the time such action is taken and, in any event, not later than three working days from date of action. A copy of the notice, signed by the employee, in the employee’s personnel file, shall serve as evidence of delivery. (Ord. 1212, passed 2-6-95)

Any probationary employee may be suspended or discharged at any time by the mayor and personnel committee. Probationary, temporary, seasonal or part-time employees shall not have the right of appeal from such action. A copy of the notice, signed by the employee, in the employee’s personnel file, shall serve as evidence of delivery. (Ord. 1212, passed 2-6-95)

Normally, the deterioration of an employee’s conduct is a progressive problem and every effort should be made to reverse this trend as soon as it is apparent. Based on this philosophy, sufficient written evidence should be available in the employee’s personnel file to justify this action taken. (Ord. 1212, passed 2-6-95)

The personnel committee shall consider appeals upon written request by any permanent employee relative to any suspension or discharge, scheduling a hearing within 10 working days of the filing of the written appeal. Within three working days after the completion of such hearing, the personnel committee shall submit a written statement of facts and findings to the appellant. These actions shall be final and conclusive.
(A) The hearing shall be conducted in an informal manner and the city council shall make every effort to avoid the appearance of conducting a trial in a court of law.
(B) The appellant shall have the right to appear and be heard in person or by the council.
(C) Appellant’s failure to attend or notify the personnel committee as the case may be of his/her inability to attend, will constitute just cause for dismissal of the appeal. (Ord. 1212, passed 2-6-95)

A permanent employee may be discharged for cause subject to formal notice requirements of Section 37.47, except that the police board shall have jurisdiction under its rules for sworn law enforcement personnel. All permanent employees have the right to written appeal in accordance with Section 37.51 within five days of a discharge action. Such appeal shall follow the procedures defined in Section 37.52. (Ord. 1212, passed 2-6-95)

The personnel committee may lay off permanent employees due to lack of funds or work. Layoff order shall be within departments and recognized organizational units by job assignment. The selection of employees to be retained will be based upon a review of their previous service records defining levels of efficiency and performance. Other things being equal, length of service shall be given consideration. At least two weeks notice prior to layoff action shall be given an employee. (Ord. 1212, passed 2-6-95)

(A) With the exception of full-time sworn, law enforcement personnel who are participants in another retirement system and subject to all eligibility and all other requirements of the Social Security Administration (SSA) and the Illinois Municipal Retirement Fund (IMRF), the city of Wilmington shall provide retirement benefits for all full-time employees through SSA and IMRF and make contributions during the period of their full-time employment in amounts from time to time established by the SSA and IMRF.
(B) Sworn personnel of the police department of the city of Wilmington shall be subject exclusively to those retirement benefits provided by the policemen’s retirement fund, as established under the laws of the state of Illinois. (Ord. 1212, passed 2-6-95; Am. Ord. 08-07-15-01 passed 7-15-08)

The personnel committee shall maintain a personal history file for every employee of the city; such file to include employee’s name, address, training and experience, medical data, job assignment, work performance record, salary and any changes and the date of employee actions including leaves of absence, transfers, promotions, separations and so forth. Employees may review their personnel history file upon application to the department head. Said review shall be at a time of convenience for both department head and employee. (Ord. 1212, passed 2-6-95)