Adams County, WI
 
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of Adams County 8-18-1987 by Ord. No. 14-1987. Amendments noted where applicable.]

§ 90-1 Committee established.

There is hereby established a Public Safety and Judiciary Committee which shall consist of five members of the County Board selected by the Nominating Committee and approved by the County Board as outlined by Board rules for appointment. (Any person on the eligible list cannot serve on the Committee.)[1]
[1]
Editor's Note: Throughout this chapter, "Law Enforcement Committee" was amended to "Public Safety and Judiciary Committee" at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 90-2 Employees covered.

A. 
All Adams County law enforcement personnel shall be selected and hold their status pursuant to this chapter with the following exceptions:
(1) 
Officials elected by the people.
(2) 
Those positions which by statute are required to be filled by appointment by County Board or the Chair of the County Board.
(3) 
Undersheriff; persons deputized solely to perform particular acts, such as a special deputy not in the steady employ of the County appointed solely to act as bailiff in court sessions; any special deputy sheriff appointed to assist in the return from another state of a fugitive from justice of Wisconsin pursuant to § 59.29(1), Wis. Stats.; persons appointed as special deputy sheriffs in grave emergencies; honorary deputy sheriffs; persons appointed pursuant to § 59.28, Wis. Stats., who are persons called to the aid of the Sheriff to assist in apprehending or securing any person for felony or breach of the peace; and jail inmates employed pursuant to the provisions of § 303.08, Wis. Stats.
B. 
All employees of Adams County currently in the Armed Forces of the United States or who shall leave such employment to enter the Armed Forces of the United States shall be entitled to reemployment in a manner and under the conditions provided in § 321.64, Wis. Stats.

§ 90-3 Committee powers.

The Public Safety and Judiciary Committee shall have the following powers in addition to those general powers granted by the Adams County Board. This Committee shall propose salary schedules for the ensuing year on or before October 15 to be presented to the Personnel Committee of the Adams County Board.
A. 
In coordination with the Sheriff, the Public Safety and Judiciary Committee will develop the annual budget for the effective and efficient operation of the Sheriff's Office.
B. 
The Committee shall review and approve monthly expenditures of the Sheriff's Office prior to being submitted to the Administrative and Finance Committee for payment. All expenditures of more than $100, except food and emergency vehicle maintenance, shall receive prior approval from the Committee. The Chair may approve purchase requests for normal operating supplies.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 90-4 Certification authority and duties.

The Public Safety and Judiciary Committee shall be the certification authority for all permanent appointments. It shall determine the testing documents required for each position and shall select candidates for eligibility lists for each position.
A. 
Layoffs. Whenever a reduction of employees is required because of a shortage of funds or work or a material change in duties or organization, employees shall be laid off in the sole discretion of the appointing authority and the Public Safety and Judiciary Committee. Personnel subject to said layoff shall be placed on the reemployment eligibility list, which shall stand for a period of two years from the date of the employee's termination.
B. 
Dealing with candidates for hire.
(1) 
The Public Safety and Judiciary Committee may refuse to permit an applicant to take the examination for any position upon evidence of lack of entrance qualifications or false statements in the application.
(2) 
All applicants competing in any examination shall be given written notice of their final marks on the examination. Examination papers may be open to public inspection only at such times and under such conditions as the Public Safety and Judiciary Committee may prescribe.
C. 
Promotions within the Sheriff's Office.
(1) 
Promotion defined. As used in this chapter, "promotion" shall be an advancement in rank to a position of higher responsibility and authority in an authorized classification (Sergeant or Sergeant/Investigator) of the Sheriff's Office.
(2) 
Upon notice of a vacancy or newly created position, the Public Safety and Judiciary Committee shall evaluate the position requirements and establish a selection process for developing an eligibility list of candidates for the position. Consideration will be given to testing, use of assessment centers, oral interviews, etc., which shall best determine the qualifications of candidates for these positions.
(3) 
The Public Safety and Judiciary Committee shall then process all eligible candidates and establish an eligibility list for the rank. The names of the top three candidates will then be given to the Sheriff for consideration of appointment. The Sheriff may further screen the applicants in selecting the individual for the position from the top three candidates on the eligibility list. The Sheriff shall notify the Committee of the name of the person selected and appointment date. This individual shall then serve the probationary period as outlined for this position. Any employee not fulfilling the demands of the probation will be returned to his previously held position.

§ 90-5 Appointments to Sheriff's Office.

It is the specific intent of this chapter that employment in the Sheriff's Office shall not be vested based upon occupancy of a job but shall rest instead upon possession of qualifications necessary for doing the required work and upon the quality of service rendered after appointment.
A. 
Equal opportunity policy.
(1) 
The Sheriff's Office desires that every person be given full and equal opportunities for employment, training and advancement.
(2) 
No person shall be discriminated against with respect to selection, compensation, or terms, conditions or other privileges of employment because of race, color, religion, sex, national origin, physical condition, or age, except as required by the bona fide needs and requirements of the position.
B. 
Recruitment criteria.
(1) 
Personnel will be recruited and selected based upon needs of the various positions within the Sheriff's Office (dispatcher, jailer, road officer).
(2) 
The minimum requirements to apply for a position shall be:
(a) 
At least 18 years of age.
(b) 
The possession of a high school diploma or its equivalent.
(c) 
Have never been convicted of a felony or a crime which would be a felony in this state.
(d) 
Any other requirement determined by law or analysis to be bona fide.
(3) 
Recruitment efforts shall be a coordinated effort between the Public Safety and Judiciary Committee and the Sheriff's Office and notice of recruitment shall be:
(a) 
Published as a classified advertisement in the official newspaper of the jurisdiction weekly for two consecutive weeks prior to the deadline for applications.
(b) 
Published in the Law Enforcement Bulletin.
(c) 
Posted on the public bulletin board in the Sheriff's Office.
(d) 
Published as a classified help wanted advertisement under the lead word "Police" in the major Sunday newspaper having general circulation in the region.
C. 
Selection process; creation of eligible roster.
(1) 
Each applicant meeting the minimum requirements for a position shall be allowed to test for the job applied for (dispatcher, jailer, road officer).
(2) 
Applicants meeting minimum requirements shall be evaluated through a screening process which includes the following parts:
(a) 
Part 1, preliminary screening tests.
[1] 
Tests which measure:
[a] 
Information processing, decisionmaking and problem solving abilities.
[b] 
Oral and written communication abilities.
[c] 
Factual recall abilities.
[d] 
Mathematical abilities.
[e] 
Other bona fide job-related knowledge, skills and abilities.
[2] 
A passing score must be obtained on each segment of the preliminary screening tests.
(b) 
Part 2, physical strength, stamina, and agility tests related to the specific position, which measure:
[1] 
Ability to maintain a high level of physical exertion for an extended period.
[2] 
Ability to exert forces equivalent to the needs of the position.
[3] 
Ability to coordinate movements.
[4] 
Ability to maintain balance within the limits of expected performance.
[5] 
Other bona fide job-related skills and abilities.
(c) 
Part 3, oral interview.
[1] 
Oral interview which measures the candidate's:
[a] 
Work experience, training and education.
[b] 
Interest in police work.
[c] 
Ability to recall facts presented in a problem.
[d] 
Ability to recognize the significant aspects of a situational problem.
[e] 
Ability to combine the facts of the problem to reach a solution, to develop alternative solutions to problems, and to evaluate their respective value.
[f] 
Ability to reach a reasonable solution quickly, under the stress provided by the interview.
[2] 
This oral interview shall be conducted by an interview panel appointed by the Public Safety and Judiciary Committee. No fewer than three members nor more than seven members shall form the panel.
[3] 
This interview shall follow an interview plan to assure consistency and relevancy in questioning and rating of the candidates.
[4] 
The oral interview shall be weighted at a maximum of 25% of the total possible score. Each rater shall be allowed to score candidates from zero to 25 points. The sum of the raters' scores shall be divided by the number of raters to determine the interview score. The interview score shall be added to 70% of the score obtained in Part 1 to determine the candidate's final score.
(3) 
Each candidate in order to be considered eligible for appointment must successfully make it through each part of the screening process set forth above. Failure to complete any part or contraindication in any portion of the process shall disqualify the candidate from further consideration or testing for at least six months and then only after complete rescreening at the next recruitment.
(4) 
The names of the candidates successfully completing all parts of the screening process shall be placed on an eligibility roster for the position applied for in rank order of the candidate's final score as computed at the end of Part 3.
(5) 
It shall be the responsibility of the Public Safety and Judiciary Committee to maintain an eligibility list for each position. An annual date may be selected for developing a list for each position which will stand for a one-year period. This list should be maintained and be ready for use should an opening occur.
D. 
Appointment process.
(1) 
Upon the occurrence of a vacancy or notice of a future vacancy within the agency, the Sheriff shall give written notice of the circumstances to the Chair of the Public Safety and Judiciary Committee.
(2) 
If the position is budgeted and the estimated costs are not expected to exceed the budget level, the Sheriff shall:
(a) 
Obtain the names of persons eligible for reemployment from the agency's layoff list.
(b) 
If no list exists or the persons on the list waive consideration, obtain the names of the three persons listed highest on the eligible roster for the position.
(3) 
The Sheriff shall further screen each candidate by:
(a) 
Conducting a background investigation of the candidate's:
[1] 
Employment history.
[2] 
Education and training.
[3] 
Character, including criminal record and fingerprint checks.
[4] 
References.
(b) 
Psychological examination.
[1] 
Arranging for psychological examinations of the candidates, by a licensed psychologist or psychiatrist with knowledge of the requirements of law enforcement positions, which measures:
[a] 
Emotional stability.
[b] 
Honesty and dependability.
[c] 
Responsibility and evenness of mood.
[d] 
General emotional fitness.
[2] 
At the conclusion of the examination, the psychologist shall report either that:
[a] 
The candidate is free from mental illness and has the emotional foundation to perform the duties of the position applied for; or
[b] 
The candidate's examination indicates an inability to satisfactorily perform the duties of the position applied for.
(c) 
Medical examination.
[1] 
Arranging for the medical examination of the candidates by a licensed physician to measure:
[a] 
General fitness.
[b] 
Hearing acuity.
[c] 
Vision acuity.
[d] 
Cardiopulmonary function.
[e] 
Clinical chemistry and hematology.
[2] 
At the conclusion of the examination, the physician shall report either that:
[a] 
The candidate is currently free from injury, illness, and/or disease and fit to perform the physical demands of the position applied for; or
[b] 
The candidate is not currently fit to perform the physical demands of the position and it is reasonably expected that the current problem(s) is (is not) correctable. (If correctable a period of _________ would be required.)
(d) 
Reviewing all reports of the screening process.
(e) 
Conducting interviews with each candidate.
(4) 
The Sheriff shall notify the Chair of the Public Safety and Judiciary Committee in writing when a candidate's qualifications are inadequate and request that the name of the candidate be removed from any roster or list for any of the following:[1]
(a) 
Falsification of application or records.
(b) 
Medical or emotional problems.
(c) 
Felony conviction.
(d) 
Failure to meet minimum standards.
(e) 
Evidence of poor performance or character.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(5) 
The Sheriff shall appoint the person highest on the reemployment list who is willing to accept employment and is qualified. If there is no list or persons on the list are not willing or qualified for the position, the Sheriff shall appoint a person from the three names of the qualified candidates highest on the eligibility roster.

§ 90-6 Appointing authority.

As used in this chapter the appointing authority shall be the Sheriff of Adams County.
A. 
Notice of appointments. Written notice of each appointment in the Sheriff's Office giving the name of the person appointed and effective date of appointment shall be submitted to the Public Safety and Judiciary Committee within five days after such appointment is made.
B. 
Probationary period.
(1) 
Every person who shall be appointed to a position in the Sheriff's Office shall serve a probationary period of one year. Such probationary period shall start from date of appointment for that specific position. Any employee may be discharged during the probationary period by the appointing authority without recourse to any hearing or appeal.
(2) 
The appointing authority shall notify the Public Safety and Judiciary Committee in writing of any unsatisfactory performance which shall provide grounds for dismissal of an employee during the probationary period. Twenty days prior to the end of the probationary period, the appointing authority shall notify the Public Safety and Judiciary Committee in writing of his decision to retain or dismiss the employee. No salary shall be paid any employee after his one-year probationary period who has not been certified in writing by the appointing authority.

§ 90-7 Special appointments.

A. 
Emergency appointments may be made by the Sheriff during natural or man-caused disasters, serious accidents or serious crimes. Such appointments shall terminate upon cessation of the emergency.
B. 
Appointments may also be made to prevent a work stoppage or inconvenience to the public in cases of emergency.
C. 
The Sheriff shall notify the Public Safety and Judiciary Committee within seven days of beginning of such appointment. These appointments may include but are not limited to the following:
(1) 
Deputization of the personnel of other agencies.
(2) 
Appointment of reserve officers.
(3) 
Deputization of citizens.

§ 90-8 Complaint procedure for disciplinary action.

A. 
It is the intention of the Adams County Board of Supervisors and the Public Safety and Judiciary Committee to secure a fair and effective means for dealing with employee discipline. A complaint may be filed by the appointing authority, the Public Safety and Judiciary Committee, or any citizen.
B. 
All complaints received shall be investigated; however, only those complaints which are in writing and signed will be grounds for disciplinary action. All complaints shall be presented to the Sheriff for further investigation.
C. 
Complaints brought forward which name the Sheriff shall be turned over to the District Attorney's office for investigation. The result of the investigation shall be brought before the Public Safety and Judiciary Committee for determination of proceeding with further disciplinary action.
D. 
If the findings of an investigation reveal that charges may be brought against any officer or employee, such charges will be reduced to writing and given to the individual.
E. 
The Sheriff shall exercise the right to discipline individuals so charged and invoke the full range of disciplinary action from a verbal warning to dismissal. Individuals receiving such disciplinary action may request a hearing on such charges before the Public Safety and Judiciary Committee by filing a written request within 10 days of notice of disciplinary action.
F. 
If a request for a hearing is not filed the action of the Sheriff shall stand as ordered.

§ 90-9 Appeal procedure.

A. 
Any employee receiving a disciplinary penalty that suspends, demotes, or removes the employee from office may appeal to the Public Safety and Judiciary Committee by filing a written request for a hearing within 10 days of receiving such disciplinary notice. The Public Safety and Judiciary Committee, upon receiving such request, shall appoint a time and place for a hearing which shall not be more than three calendar weeks from the date of filing.
B. 
Notice of the time and place of such hearing shall be served on the employee appealing by registered mail or any other legal service at least 10 days before the date of the hearing. Notice shall also be given the appointing authority making the removal, suspension, reduction or demotion.
C. 
The employee may be represented by counsel. The Public Safety and Judiciary Committee may be represented by the District Attorney or special counsel who shall act in an advisory capacity.

§ 90-10 Powers of Committee as to hearings.

A. 
The Public Safety and Judiciary Committee shall have the power to administer oaths, to issue subpoenas and require attendance of witnesses and the production of evidence pertinent to the hearing.
B. 
The hearing shall follow courtroom procedures and a transcript of such evidence shall be recorded of the proceedings. All such hearings may be open to the general public.

§ 90-11 Decision of Committee.

A. 
At the termination of the hearing, the Committee shall determine whether or not the charges were well founded and shall take such action as is warranted under the circumstances. The Committee may find that just cause does not exist for the action or that the penalty is too harsh or not harsh enough for the violation. It may also find the action of the department head was justified and that the penalty was correct.
B. 
The Public Safety and Judiciary Committee shall show in its official minutes the facts contained in the appeal, its findings of fact resulting from the hearing thereof, and its decision concerning the disposition of the appeal and shall transmit a duplicate of such entry to the Adams County Board.
C. 
The decision of the Public Safety and Judiciary Committee shall stand unless appealed by the employee.
D. 
The employee may appeal the ruling of the Public Safety and Judiciary Committee to the Circuit Court by filing written notice with the Secretary of the Committee within 10 days after the order of the Committee. Within five days of receiving said written request the Secretary of the Committee shall certify to the Clerk of the Circuit Court the records of the proceedings, including all documents, testimony and minutes. The matter then shall be at issue within the Circuit Court and placed on the Court calendar.

§ 90-12 Abolishment of positions.

Whenever in the judgment of the Adams County Board it becomes necessary in the interest of economy or because the necessity of the positions involved no longer exists, the Public Safety and Judiciary Committee and the department head shall review the circumstances surrounding such request and may abolish any position or employment in Sheriff's Office. Any employee terminated under such circumstances shall be placed on the reemployment list for said position. Employees dropped from the payroll for economic reasons shall be terminated in inverse order of employment. Under no circumstance shall the number of Deputy Sheriffs in full County employment be less than that required by § 59.26(1)(a) and (b), Wis. Stats.

§ 90-13 Discrimination prohibited.

No person in the Sheriff's Office or any person seeking admission thereto shall be appointed, reduced in pay, removed, or demoted or in any way favored or discriminated against because of political or religious opinions and affiliations or labor union activities or because of his or her sex or race.

§ 90-14 Records open to public inspection.

Records of the Public Safety and Judiciary Committee may be open to public inspection subject to sole supervision by the Public Safety and Judiciary Committee.

§ 90-15 Employees called before Board of Supervisors.

All employees under this chapter are subject to call before any committee of the Adams County Board of Supervisors or the Board itself to give information as to their work and functions under their control in their department as to work, finances, and budgetary information.

§ 90-16 Committee meetings.

Regular meetings of the Committee shall be held at least once a month at such times as designated by the Chair. Special meetings may be called by the Chair or by any member of the Public Safety and Judiciary Committee.