[HISTORY: Adopted by the Board of Supervisors of Oneida County.
Amendments noted where applicable.]
[Amended by Ord. No. 42-2001]
(1)
Establishment. There is hereby established a County Civil Service
Commission for the Sheriff's Department which shall have such duties,
functions and authority as provided under §§ 59.26,
59.52(8) and Ch. 63, Wis. Stats.
(2)
Composition and Appointment. The Civil Service Commission shall consist
of five members appointed by the County Board Chairperson, subject
to confirmation by the County Board. The term of office for each member
of the Commission shall be five years, from the first day of January
next following such appointment, and until a successor is appointed
and qualifies. In the month of November of each year immediately preceding
the expiration of the term of office of any such commissioner, the
County Board shall elect one member of such Commission to hold office
for a term of five years from the first day of January next succeeding
their appointment and until a successor is elected and qualifies.
(3)
Qualification. Each member of the Commission shall be a legal resident
of Oneida County. Appointments shall be made on the basis of recognized
and demonstrated interest in, and knowledge of, the problems of civil
service. No person holding any elective or appointive public office
in the government of Oneida County shall be appointed a member of
the Commission.
(4)
Oath Required. Each appointed member of the Commission shall take
and file the official oath.
(5)
Compensation. The members of the Commission shall receive compensation
at the rate established by the County Board from time to time for
services actually rendered in conducting the authorized business of
such Commission, plus mileage at the prevailing County rate when such
services are rendered.
(6)
Organization. The Commission shall promptly organize and shall elect
a chairperson and a secretary, each to serve one year from the date
of election or until a successor has been elected. The secretary shall
cause the minutes of the Commission's proceedings to be fully transcribed
and to be preserved in a proper record book. All meetings of the Commission
shall be at the call of the chairperson, or upon written request of
any two members directing the secretary to hold such meetings. Three
Commissioners shall constitute a quorum. The Commission may make such
rules and regulations as may be required for the ordinary conduct
of its business.
(7)
County Board Assistance. The County Board shall provide offices,
furniture, stationery, lights, heat, telephone and other necessary
supplies and conveniences to enable the Commission to perform its
duties.
(8)
Rules and Regulations. The rules and regulations of the Commission
shall be such rules approved by the County Board by Resolution No.
89, October 12, 1973, and any amendments thereto, all of which are
incorporated by reference in this chapter as if fully set forth herein.
(9)
Duties. The Civil Service Commission shall:
(a)
Prepare and publish such rules and regulations to carry out its duties
under this chapter to secure the best service for the County. Such
rules and regulations shall be submitted to the County Board for its
approval.
(b)
Receive applications and conduct examinations of candidates for protective
service designated positions in the Sheriff's Department of Oneida
County with such frequency necessary to maintain an eligible list
sufficient to meet the needs of the Department.
[Amended by Ord. No. 42-2001]
(1)
Application. Every candidate for the position of Deputy Sheriff of
Oneida County shall file a written application with the Sheriff's
Department upon forms provided by the Sheriff's Department. Such forms
shall be designed by the Commission.
(2)
Qualifications. No candidate shall be eligible to apply for or be
appointed to the position of Deputy Sheriff unless:
(a)
The candidate is a citizen of the United States and has been a resident
of the State of Wisconsin for at least one year preceding the date
of the examination;
(b)
The candidate shall possess a valid Wisconsin driver's license or
such other valid operator's permit recognized by the Wisconsin department
of transportation as authorizing operation of a motor vehicle in Wisconsin
prior to the completion of the preparatory training course. The results
of a check of the issuing agency's motor vehicle files shall constitute
evidence of driver's status.
(c)
The candidate shall have attained a minimum age of 18 years. A birth
or naturalization certificate shall serve as evidence of candidate's
date of birth.
(d)
The candidate shall not have been convicted of any federal felony
or of any offense which if committed in Wisconsin could be punished
as a felony unless the candidate has been granted an absolute and
unconditional pardon.
(e)
The candidate shall possess a Wisconsin high school diploma or a
diploma issued by an out of state high school accredited by an appropriate
agency of the state or shall have passed the general education development
diploma test or any other test recommended by the Wisconsin department
of public instruction as indicating high school diploma level.
(f)
A candidate for employment as a law enforcement officer shall possess
either a two-year associate degree from a Wisconsin technical college
system district or its accredited equivalent from another state or
a minimum of 28 fully accredited college level credits. The applicants
have five years from date of hire (or initial law enforcement employment)
to obtain the required 60 college credits.
[Amended 6-21-2022 by Res. No. 74-2022, effective 7-12-2022]
[Amended by Ord. No. 42-2001]
(1)
Written and Oral Examination Required. The Commission shall conduct
competitive examinations, written and oral, for the candidates for
Deputy Sheriff and for promotions within the Sheriff's Department.
The Commission may require candidates to take the written examination
given by the division of merit recruitment and selection in the department
of employment relations.
(2)
Basis. The basis of the examination shall be within the determination
of the Commission. The weights, if any, to be given to previous experience,
training, written or demonstration test, oral test and the other phases
or elements of the examination to which the candidate may be subjected
shall be provided for in advance by the rules of the Commission. The
names of those persons passing the examination shall be placed on
an eligible list in the order of their final grades in the examination.
(3)
Notice of Examination. Notice of the date, time and place for conducting
such examination shall be published in a newspaper of County-wide
circulation at least twice prior to the date set for such examination.
(4)
When Conducted. Such examination shall be offered with such frequency
necessary to maintain an eligible list sufficient to meet the needs
of the Department.
(5)
Background Investigation. A background investigation shall be conducted
by or on behalf of the Commission. The Commission shall certify in
a document subscribed and sworn to by the affiant that a reasonably
appropriate background investigation has been conducted, what persons
or agency conducted the investigation and where written results of
the investigation are maintained on file.
(6)
Disqualifications. Consistent with the Americans With Disabilities
Act, the Wisconsin Fair Employment Act and other applicable state
and federal law, the Commission may refuse to examine a candidate
or, after examination, to certify a candidate as eligible who:
(a)
Is found to lack any of the established essential requirements for
the position for which the candidate applies.
(b)
Suffers from any physical, emotional or mental condition which might
adversely affect performance of duties as a law enforcement officer
that cannot be reasonably accommodated.
(c)
Is addicted to the habitual use of intoxicating beverages to excess,
or to the use of morphine, cocaine or other deleterious drugs.
(d)
Has been guilty of a crime or of infamous or disgraceful or immoral
conduct.
(e)
Has been guilty of a dishonest or cruel act.
(f)
Has been dismissed for good cause from public service.
(g)
Has used or attempted to use any personal or political influence
to further the candidate's eligibility or appointment.
(h)
Has intentionally made a false statement in any material fact.
(i)
Has practiced or attempted to practice any deception or fraud in
his application or examination or in securing his eligibility or appointment.
(j)
Is found to be deficient in personal qualifications requisite for
the position for which the candidate applies.
(7)
Promotion Examination. The Commission shall conduct all examinations
for promotions into protective service designated positions. Such
examinations and qualifications shall conform to the schedule of subjects
and weights for each position as shall be set by the Commission for
each examination at the time of advertising. The Commission may require
candidates to take a written examination given by the division of
merit recruitment and selection in the department of employment relations.
[Amended by Ord. No. 42-2001]
(1)
Sheriff's Responsibility. The County Sheriff shall make appointments
to the position of Deputy Sheriff, whenever a vacancy occurs. Each
appointment shall be made from the list of candidates who are certified
as eligible by the Commission. The Commission shall certify to the
Sheriff the names of three persons standing highest on that list,
from which the Sheriff shall make a selection. If more than one vacancy
is to be filled, the Commission shall certify to the Sheriff one additional
name from that list for each additional vacancy.
(2)
Time of Appointment. In case of a vacancy, such appointment shall
be made after the receipt of the certified list from the Commission.
(3)
Additional Examinations Required. As a condition of any employment
offer made to a candidate the sheriff shall require the candidate
to undergo a physical examination, psychological examination and preemployment
drug test to determine that the candidate is free from any physical,
emotional or mental condition which might adversely affect performance
of duties as a law enforcement officer that cannot be reasonably accommodated.
(a)
The applicant shall complete a personal medical history, a copy of
which is to be submitted to the examining physician.
(b)
The examination shall be by a Wisconsin licensed physician who shall
provide a written report on the results of the examination.
(c)
The candidate shall also undergo a psychological examination performed
by a licensed psychologist or psychiatrist who shall provide a written
report on the results of the examination.
(d)
The candidate shall submit to a drug test as provided in Wis. Adm.
Code § LES ch. 2.02.
(4)
Bond. The Sheriff, in appointing deputies under this chapter, may
require a uniform bond of not less than $1,000 nor more than $5,000,
the premium on such bond to be paid by the County.
(5)
Character Investigation. As a condition of any employment offer made
to a candidate the sheriff shall conduct a character investigation.
(a)
The candidate shall be of good character as determined from a written
report containing the results of the following:
1.
The fingerprinting of the candidate and with a search of local, state
and national fingerprint records.
2.
Such other investigation as may be deemed necessary to provide a
basis of judgment on the candidate's loyalty to the United States
or to detect conditions which adversely affect performance of one's
duty as a law enforcement officer.
(6)
Probationary Period. All deputies under this chapter shall be on
probation during the first 12 months next succeeding their appointment.
Such probationary employees may be discharged by the Sheriff and the
Civil Service Commission acting jointly at any time before the termination
of such probationary period.
(7)
Residency. Every appointee to the position of Deputy Sheriff shall
reside in Oneida County or within 40 miles of the Oneida County Courthouse,
or shall establish such residence within 90 days of such appointment.
If such appointee should at any time reside elsewhere thereafter,
the appointee shall be deemed to have resigned from the position of
Deputy Sheriff.
(8)
Dismissal or Suspension. Deputy Sheriffs shall hold office on good
behavior and efficiency and shall not be dismissed from office or
suspended except as provided hereunder.
[Amended by Ord. No. 42-2001]
(1)
Written Complaint. Whenever the Sheriff, Chief Deputy or a majority
of the members of the Commission believe that a deputy has acted so
as to show himself or herself to be incompetent to perform his or
her duties or to have merited suspension, demotion or dismissal, a
report in writing shall be made to the Grievance Committee setting
forth specifically the complaint.
(2)
Grounds for Disciplinary Action. Any member of the County Sheriff's
Department may be suspended, demoted or dismissed in accordance with
§ 59.26(8)(b), Wis. Stats., when charged with any of the
following offenses:
(a)
Commission of a crime under any law.
(b)
Intoxication or unauthorized drinking intoxicants on active duty.
(c)
Insubordination.
(d)
Willful neglect of duty.
(e)
Willful neglect of or disobedience to any order or department rule.
(f)
Absence from duty without leave.
(g)
Conduct unbecoming an officer or detrimental to the service.
(h)
General inefficiency and incompetency.
(i)
Communicating information on criminal or civil investigations outside
the department without permission.
(j)
Making a false official statement or entry in official records.
(k)
Willful maltreatment of a prisoner.
(l)
Sleeping while on active duty.
(m)
Uncleanliness in person or dress on active duty.
(n)
Destructive criticism of departmental orders to the outside public.
(o)
Refusing to give identification when requested.
(p)
Failure to report any member known to be engaged in criminal activities.
(q)
Misuse or unauthorized use of departmental equipment.
(r)
Any other act or omission contrary to good order and discipline,
or constituting a violation of any of the provisions of the rules
and regulations of the Department.
(3)
Limited Suspension. For any degree of misconduct by a Deputy Sheriff which the Sheriff believes not serious enough to warrant the filing of formal charges as provided in Subsection (1), the Sheriff may discipline by suspending such Deputy Sheriff without pay for a period not to exceed 10 days. In such cases, the Deputy Sheriff may request in writing a formal hearing by the Grievance Committee. If timely appeal is made, the Sheriff may file written charges with the Grievance Committee as provided in Subsection (1).
[Amended by Ord. No. 42-2001]
(1)
Political Activities Restricted. No person holding the position of
Deputy Sheriff under this chapter shall, during the hours when on
duty or otherwise acting in an official capacity, engage in any form
of political activity. Any violation of this subsection shall be adequate
grounds for disciplinary action.
(2)
Salary and Number of Appointments. The County Board shall fix from
time to time the number of Deputy Sheriffs to be appointed and the
salaries to be paid, but the number of Deputy Sheriffs shall not be
less than required by § 59.26(1)(a) and (b), Wis. Stats.
(3)
Reduction of Personnel. If the County Board determines at any time
that the personnel of the Sheriff's Department is too large and that
a reduction in the number of Deputy Sheriffs is necessary, Deputy
Sheriffs shall be dismissed to bring about such reduction. Such Deputy
Sheriffs so dismissed shall be those individuals with the least seniority
with respect to service and shall be reappointed without examination
if the personnel is increased or if any vacancy occurs within two
years after their dismissal, provided they meet the physical requirements
of the Civil Service Commission.
(4)
Temporary Appointments.
(a)
When need exists for the filling of a position in the civil service
for a period of not to exceed six months' duration, a temporary appointment
shall be made for such period from the proper eligible list or as
provided in § 63.05(3), [Wis. Stats.]. Such temporary appointment
may be extended once for not to exceed six months by resolution of
the County board after receipt by it of a recommendation for such
extension from the civil service commission. The acceptance or refusal
by an eligible of a temporary appointment shall not affect that person's
standing on the eligible register for permanent employment nor shall
the period of service of any temporary appointment be counted as a
part of the probationary service required after appointment to a permanent
position.
(b)
This subsection shall apply to a position created on a temporary
basis or to a temporary appointment to a position created on a permanent
basis.
(5)
Department Rules. The Sheriff, the Chief Deputy and the Civil Service
Commission shall jointly prepare Department rules for the general
administration and efficient operation of the Sheriff's Department
and shall submit such rules to the County Board for its approval.
Upon approval, such rules shall be the Department rules, and the Deputy
Sheriffs shall be required to conduct themselves in accord with such
rules.
(6)
Leave of Absence. Any full-time Deputy Sheriff volunteering or inducted
into the armed forces of the United States shall be considered on
leave of absence and shall retain all seniority rights and rank accumulated
at the time of induction into service, provided such Deputy Sheriff
returns to work within 90 days from the date of honorable discharge
from the military service and satisfactorily evidences physical fitness
to perform the duties of Deputy Sheriff.
(7)
Repeal. The County Board may repeal this chapter at any time in conformity
with § 59.21(8)(d), Wis. Stats.
[Amended by Ord. No. 42-2001]
(1)
Establishment.
(a)
Standards. The Commission shall devise and introduce a standard of
efficiency for all deputy sheriffs. Such standard shall note the quantity
and quality of service which ought fairly to be expected, the manner
in which service should be rendered and the regularity and punctuality
of attendance and other regulations which should be observed in the
performance of such service.
(b)
Records. Records of efficiency of all deputy sheriffs shall be maintained
by the Commission. This record shall consist of markings derived from
the periodic reports of superior officers. These reports shall be
reviewed by the Commission on an annual basis.
(c)
Regulations. The Commission shall from time to time, by written order
recorded in its minutes, adopt regulations prescribing subjects, items
or factors upon which the efficiency markings reported by superior
officers shall be based and shall provide schedules of merits and
demerits applying to such subjects, items or factors, together with
weights assigned to each subject, item or factor. The subjects, items
or factors prescribed shall be based upon the duties of the deputy
sheriff and shall be uniform for all deputy sheriffs, and shall be
such as will indicate fairly the quantity and quality of service rendered
and the manner in which it was rendered, and the weights assigned
shall be such as will represent fairly the relative value of such
subjects, items or factors.
(d)
Reports. Reports shall be obtained at such times as the Commission
in its discretion shall direct from the superior officers. Reports
shall contain markings of the efficiency of all deputy sheriffs under
the respective supervision of such superior officers. Such markings
shall be made in accordance with the regulations of the Commission,
and may be verified by the Commission.
(e)
Investigations. Nothing in this section shall interfere with the
right of the Commission to investigate and enter such markings as
it may deem proper for the efficiency of any deputy sheriffs, or of
the efficiency of all deputy sheriffs, or of the conduct of the County
Sheriff. As a result of such investigation, the Commission may enter
markings for the efficiency of the deputy sheriffs involved, or may
recommend action by superior officers or by the Sheriff or Chief Deputy.
(f)
Right of inspection. Records, reports and markings of efficiency
of Deputy Sheriffs shall be open at all times to the inspection of
the Commission and the efficiency records maintained by the Commission
shall be open to the Sheriff, Chief Deputy and the superior officers
of the department. All reports and records of efficiency shall be
open for inspection at all reasonable hours to the Deputy Sheriffs
to whom they apply.
(2)
Minimum Rating. A Deputy Sheriff's failure to maintain at all times
an efficiency rating of 70% shall be sufficient evidence for dismissal
on grounds of incompetency and inefficiency.
[Amended by Ord. No. 42-2001]
If a deputy sheriff is the Sheriff elect, his or her tenure
as a deputy sheriff shall terminate upon his or her executing and
filing the official bond and oath as Sheriff, unless the deputy request
in writing from the Sheriff a leave of absence for the period the
deputy hold the office of Sheriff. The Sheriff shall grant such request.
Such Deputy shall be reinstated as Deputy Sheriff upon completion
of his or her duties as Sheriff and the time spent as Sheriff shall
count as tenure as though such deputy had not been on such leave of
absence; provided the tenure as Sheriff is not terminated for reasons
of conduct unbecoming an officer or for improperly performing his
or her duties as an officer of the law. If his or her tenure in the
office of Sheriff is terminated for such reasons, he or she shall
be granted a hearing in the manner provided by § 59.26(8)(b),
Wis. Stats., and he or she shall not be reinstated as a deputy sheriff
unless so ordered after such hearing.
[Amended by Ord. No. 42-2001]
(1)
Appointment. Selection of the Chief Deputy shall be made on the basis
of competitive examination, and the Chief Deputy shall be given civil
service status the same as any other deputy. The Chief Deputy shall
be appointed by the Sheriff in the same manner as any deputy sheriff
subject to the qualifications and physical examinations of a new deputy
as provided in this chapter, and shall be subject to all the provisions
of this chapter which are not inconsistent with the provisions of
this section.
(2)
Application. Candidates for the office of Chief Deputy shall file
an application in writing with the Sheriff's Department on forms to
be furnished thereby. Such forms shall be provided by the Civil Service
Commission.
(3)
Qualifications. The qualifications for the office of Chief Deputy
shall be determined by the Civil Service Commission.
(4)
Duties. The Chief Deputy shall perform those duties set forth in
the rules and regulations adopted by the Civil Service Commission.
The office of Chief Deputy is intended to provide, within the limitations
of existing law and the Constitution, a continuity in law enforcement
as it relates to the Sheriff's Department, to provide any incoming
Sheriff a working organization and to relieve the Sheriff of many
details in connection with the responsibilities of that office. All
general policy decisions and direction shall still ultimately come
from the Sheriff, but the Chief Deputy shall furnish the necessary
leadership and administration on a continuing basis so as to eliminate
morale problems and provide a more efficient operation of the Department.
(5)
Examination. Candidates for the position of Chief Deputy shall be
given examinations by the Civil Service Commission pursuant to this
chapter.
(6)
Appointment. The Chief Deputy appointed in conformity with this section
shall hold office in the same manner as any other deputy.
(7)
Administrative Duties. The Chief Deputy shall outrank all other personnel
of the Sheriff's Department except the Sheriff. In addition to performing
the duties of a deputy Sheriff, they shall be the head administrative
officer under the Sheriff.
(8)
Tenure. The tenure of the Chief Deputy shall be subject to all the
provisions of this chapter.
(9)
Salary. The salary of the Chief Deputy and Lieutenants shall be set
by the County Board upon recommendation of the Personnel Committee.
The official rules and regulations of the Oneida County Sheriff's
Department shall be such rules prepared by the Civil Service Commission
and approved by the County Board.
Any person who violates any provision of this chapter shall be subject to a penalty as provided in § 25.04 of this General Code.
[Added by Ord. No. 74-2003; amended by Ord. No. 78-2008]
(1)
Authority. This ordinance is enacted under the authority of Wis.
Stats., § 146.70.
(2)
Purpose. This ordinance is enacted for the purpose of creating an
enhanced emergency telephone system which can be accessed from telephones
located in Oneida County by dialing the numbers 9-1-1.
(3)
Administration. This ordinance shall be administered by the Oneida
County Sheriff's Department through its Enhanced Emergency 9-1-1 Communications
Center.
(4)
Plan of Operation. There is hereby created in Oneida County an Enhanced
9-1-1 emergency telephone system with public safety answering points
(PSAP) located in Rhinelander and Minocqua. The system shall be partially
funded through a surcharge on the telephone bills of the users of
said system as permitted as Wis. Stats., § 146.70(3). The
service supplier shall provide the essential components of such system,
including arrangements with other telecommunications utilities to
allow the system to be functional throughout Oneida County.
(5)
Emergency Network and Universal Number Service; Installation of Equipment. The service supplier shall install and maintain an E 9-1-1 emergency telephone system and provide a universal central office number 9-1-1 for use by the County's PSAP in protecting the safety and property of the general public. The system shall operate so that when the number 9-1-1 is dialed it will provide the following E 9-1-1 system features to all access lines described in Subsection (7).
(6)
Application of Tariff. The service supplier's provision of the services
contemplated herein shall be governed by its tariff.
(7)
Exchange Areas Covered by E 9-1-1 Operational Plan. The E 9-1-1 system
established herein shall be provided to all telephone users in Oneida
County served by any telephone exchange.
(8)
System Costs; Assessed Against Users. The service supplier shall
bill its customers within the County in amounts sufficient to recover
its nonrecurring and recurring charges, as provided for in Wis. Stats.,
§ 146.70(3), and in the manner allowed by Public Service
Commission rules, regulations and tariffs. For purposes of determining
the charges to be so billed, the service supplier is hereby authorized
to assess the following charges against telephone lines located in
Oneida County.
(a)
Nonrecurring Charges. Total nonrecurring charges of $35,664.91 shall
be recovered by the service supplier over a period of 36 months at
the rate of $0.32 per month per telephone line.
(b)
Recurring Charges. In addition to nonrecurring charges, recurring
charges of $9,406.42 per month shall be recovered by the service supplier
at the rate of $0.29 per month per telephone line or at such other
rate as may be authorized from time to time by the Public Service
Commission.
(9)
User Rates; Subject to Change. The service supplier shall review
access line counts 60 days before cutover and annually thereafter.
This count shall be provided to the County. The access line count
shall be used as the basis for adjusting the monthly user rate. The
service supplier shall timely notify the County, in writing, whenever
any change is pending to its tariff, whether initiated by the service
supplier, the Public Service Commission or any other person.
(10)
User Charges; Selective Routing. Telephone utility costs for selective
routing, whether for equipment or recurring expenses, shall not be
included in any user charge authorized under this ordinance unless
agreed to between the telephone utility, the municipality and the
County.
[Added by Ord. No. 19-2005]
(1)
Any Sheriff or Deputy Sheriff who resigns from service to the County,
provided that service is not terminated for reasons of conduct unbecoming
of an officer or for improperly performing his or her duties as an
officer of law, may request to purchase their assigned duty pistol.
The Law Enforcement and Judiciary Committee may authorize the sale
and the sale price shall be the current market value as determined
by an independent appraiser.
(2)
Any Sheriff or full-time Deputy Sheriff who retires with a minimum
of 20 years of continuous service with Oneida County may be allowed
to retain their assigned duty pistol with the approval of the Law
Enforcement and Judicial Committee.
(3)
This section shall not be considered part of the Oneida County Civil
Service Ordinance.
