[HISTORY: Adopted by the Common Council of
the City of New Berlin 4-22-2008 by Ord. No. 2377; 9-27-2016 by Ord. No. 2573[1] amendments noted where applicable.]
GENERAL REFERENCES
Officers and employees — See Ch. 51.
[1]
Editor's Note: This ordinance also repealed
former Ch. 11, Civil Service, adopted 10-10-2000 by Ord. 2124 as Ch.
4 of the Municipal Code, as amended.
It is the purpose of this chapter:
A.
To
document the employment practices and salary program for employees
in the classified service and maintain civil service safeguards.
[Amended 9-27-2016 by Ord. No. 2573]
B.
To
ensure equal employment opportunity in all personnel actions based
on the ability to perform the duties and responsibilities assigned
to the particular position without regard to age, race, creed, religion,
color, handicap, disability, sex, national origin and national ancestry,
political affiliation, sexual orientation or genetic information.
[Amended 5-22-2012 by Ord. No. 2485]
C.
To
provide an appeal and grievance process for civil service employees
with regard to provisions set forth in this chapter.
D.
To
protect civil service employees from pressure or obligation to render
any political service or favor or to contribute to any political fund
as a condition of employment.
A.
Appointment.
(1)
Membership. The Civil Service Commission shall consist of five residents
of the City. The Mayor shall appoint one member to the Commission
each year, subject to confirmation by the Council, for a five-year
term.
(2)
Commencement of terms. Terms of members shall commence on July 1
in the year of appointment. A resident appointed to an unexpired term
shall serve to the end of that term.
(3)
Compensation. No member shall receive compensation for service on
the Commission.
(4)
Official oath. Each member shall take and file the official oath
within 10 days after receiving notice of appointment.
B.
Organization
and officers.
[Amended 1-13-2015 by Ord. No. 2539]
(1)
Officers. The Commission shall annually choose from its members a
Chair and Secretary. The election of the Chair and Secretary shall
be at the first meeting in July.
(2)
Administrative support and supplies. The City Clerk/Director of Administrative
Services shall, as requested, furnish administrative help and the
supplies necessary to enable the Commission to carry out its duties.
(3)
Records. The Commission shall provide the designee of the Mayor with
a record of all investigations, hearings, minutes, etc., and other
records of its own proceedings as required.
[Amended 1-13-2015 by Ord. No. 2539]
The Commission shall adopt such rules and regulations that,
in its judgment, may be necessary to carry out its functions under
this chapter, subject to review and approval by the Common Council.
[Amended 10-29-2013 by Ord. No. 2511; 1-13-2015 by Ord. No. 2539]
A.
Definitions.
As used in this chapter, the following terms shall have the meanings
indicated:
- REGULAR FULL-TIME EMPLOYEE
- Employees who work a minimum of 1,560 hours per calendar year or who have a work schedule of not fewer than 30 hours per week.
- REGULAR PART-TIME EMPLOYEE
- Employees that are normally scheduled to work an average of 29 1/2 hours but more than 20 hours per week.
B.
Classified
service.
(1)
All nonelected full-time officers and employees who are listed per § 11-5 of this Code shall be included in the classified service, unless otherwise determined by the Common Council. All such offices, positions and employees in the classified service shall be appointed as provided in § 11-8 of this chapter, except all nonelected persons having the power of appointment under § 11-7 of this chapter shall be appointed by the Mayor, subject to confirmation by the Council.
(2)
No person shall be appointed or promoted to, reduced in, transferred
to or in, or removed from the classified service except in accordance
with this chapter.
[Amended 6-24-2008 by Ord. No. 2379; 8-12-2008 by Ord. No. 2390; 10-9-2012 by Ord. No. 2494; 1-13-2015 by Ord. No. 2539; 9-27-2016 by Ord. No. 2573]
The following positions are civil service positions:
Accounting Supervisor
Administrative Services Manager
Associate Planner
Building and Grounds Manager
Building and Grounds Supervisor
City Assessor
City Clerk/Director of Administrative Services
City Engineer
Civil Engineer
Database Administrator - IT
Deputy Assessor
Deputy City Clerk
Deputy Director of Community Development
Director of Community Development
Director of Finance
Director of Information Technology (IT)
Division Engineer - Transportation
Executive Assistant
GIS/LIS Supervisor
Human Resources Generalist
Human Resources/Safety Administrator
Lead Inspector
Network Administrator - IT
Office Coordinator - Streets, Utility, DCD, Library
Office Manager
Payroll Coordinator
Program Specialist - Recreation
Property Room Supervisor
Recreation Supervisor
Stormwater Supervisor - Division Engineer
Streets Manager
Streets Supervisor
Utility Manager
Utility Supervisor
[Amended 1-13-2015 by Ord. No. 2539]
The City Clerk/Director of Administrative Services may appoint
any person to serve as Deputy City Clerk pursuant to § 62.09(11)(i),
Wis. Stats. If the employee is in the classified service at the time
of appointment, such employee shall retain the position in the classified
service during the period of appointment.
[Amended 1-13-2015 by Ord. No. 2539; 9-27-2016 by Ord. No.
2573]
Persons having the power of appointment are as follows:
A.
Mayor.
B.
Chief
of Police.
C.
City
Assessor.
D.
City
Clerk/Director of Administrative Services.
E.
Director
of IT.
F.
Building
and Grounds Manager.
G.
Director
of Community Development.
H.
Library
Director.
I.
Director
of Finance.
J.
Fire
Chief.
K.
Streets
Manager.
L.
Utility
Manager.
M.
Recreation
Supervisor
[Amended 1-26-2010 by Ord. No. 2423; 1-13-2015 by Ord. No. 2539]
A.
Notice.
(1)
If a vacancy occurs or is about to occur in the classified service
and the appointing authority desires to fill such vacancy, the appointing
authority shall notify the Mayor.
(2)
If the Mayor has authorized the filling of the vacancy, the Civil
Service Commission and the appointing authority will be notified of
the Mayor's action.
B.
[1]Original entrance examinations.
(1)
Calling notice. If the position cannot be filled under the provisions of Subsection B of this section and there is no original entrance eligible list, an original entrance examination or interview shall be arranged for the earliest possible date to examine candidates relative to their qualifications for such office or position. The time and place for filing applications for such position shall be sufficiently advertised by the City. The department head, supervisor and Mayor shall have access to review all applications that meet the minimum criteria of the vacant position.
(2)
Competitive examinations. Entrance examinations or interviews shall
assess the qualifications of applicants for the classified service.
Such examinations shall be practical and shall relate to those matters
which will fairly test the relative qualifications of the person examined
to perform the duties of the position for which he or she seeks appointment.
(3)
Application. All applicants for such examination shall be required
to prepare and file written application blanks giving such information,
bearing upon their qualifications for the office or position in question.
All interviews and employee application forms shall be in accordance
with applicable federal, state or City statutes, rules and ordinances,
as well as City policies.
(4)
Examinations to be kept on file. The questions and answers shall
be kept on file for at least one year in the Human Resources Department.
C.
Original
entrance eligible list. Original entrance eligible lists shall expire
six months after the date the list was established.
[Amended 9-27-2016 by Ord. No. 2573]
(1)
Promotional. All current civil service employees who apply for the
vacant position, who meet the minimum qualifications, shall be considered
along with other applicants and be included in the interview process.
(2)
Veterans. If the addition of veterans' preference points to the applicant's
score would displace an applicant within the top three names, that
applicant's name will be certified in addition to the list of
eligibles.
(a)
The City, in the certification of eligibles, other conditions being
equal, shall give preference to veterans of any of the wars of the
United States. To be eligible for veterans' preference points,
you must have served at least one day during the acceptable wartime
service dates listed below:
|
World War II
|
8-27-1940 to 7-25-1947
| |
|
Korean War
|
6-27-1950 to 1-31-1955
| |
|
Vietnam War
|
8-5-1964 to 1-1-1977
| |
|
Beirut/Lebanon
|
8-1-1982 to 8-1-1984
| |
|
Grenada service
|
10-23-1983 to 11-21-1983
| |
|
Persian Gulf War
|
Since 8-1-1990
| |
|
Afghanistan War
|
Since 9-11-2001
| |
|
Iraq War
|
Since 3-19-2003
| |
|
Veterans who served in the Berlin Crisis by Executive Order
10957, dated August 10, 1961
| ||
|
Veterans who received the Armed Forces Expeditionary Medal as
established by Executive Order 10977 on December 4, 1961
| ||
|
Veterans who received the Vietnam Service Medal as established
by Executive Order 11231 on July 8, 1965
| ||
|
Veterans awarded the Humanitarian Service Medal for the Middle
East Crisis: Iran Hostage Crisis
| ||
|
Veterans who participated in military action against Libya on
April 14, 1986
| ||
|
Veterans who served on the USS Stark on May 17, 1987
| ||
|
Veterans who served in Panama between December 20, 1989, and
January 31, 1990
| ||
|
Veterans who served in Somalia since December 9, 1992
| ||
|
Veterans who served at least 90 days in Bosnia since December
1, 1995
| ||
(b)
Preference means that whenever a veteran with an honorable discharge
competes in any examination and achieves the minimum grade, he/she
shall be accorded five points, and if such veteran has a nondisqualifying
disability which is directly or indirectly traceable to military service,
he/she shall be accorded another five points in addition to earned
ratings therein.
(3)
If the appointing authority has fewer than three candidates to choose
from, he or she may request additional names from the Human Resources
Department, up to the maximum of three names.
(4)
Vacancies which occur shall be filled by the Mayor, subject to state
statute requirements for appointment of some positions.
D.
Merit and qualifications. The appointing authority, in consultation
with the City Clerk/Director of Administrative Services, department
head and supervisor, shall fill the vacancy on the basis of merit
and qualifications from the names presented by the Human Resources
Department.
[Amended 9-27-2016 by Ord. No. 2573]
E.
Salaries.
[Amended 9-27-2016 by Ord. No. 2573]
(1)
Starting salaries are determined by the Mayor based on established
salary ranges, market-place variables and the availability of a replacement.
F.
Temporary
appointments. Pending the holding of examinations or interviews and
the creation of an eligible list, an office or position may be temporarily
filled by the appointing authority with an emergency appointment.
Such emergency appointment may be made from existing personnel, subject
to the prior approval of the Mayor, and shall be made at a suitable
pay level within the appropriate salary grade range. The Common Council
shall be notified of each emergency appointment. At the completion
of such assignment, the employee shall return to his or her former
position and salary.
[Amended 9-27-2016 by Ord. No. 2573]
No appointment shall become absolute until the successful completion
of the probationary period. The probationary period shall be one year
for all appointees. No time served as a temporary appointee will apply
to this one-year probationary period.
A.
The following are examples, but not necessarily all-inclusive, of
kinds of actions that may initiate disciplinary procedures against
an employee from the classified service of the City of New Berlin:
[Amended 1-13-2015 by Ord. No. 2539]
(2)
Refusing or failing to comply with City work rules, policies, City
Code or procedures which are included in the Safety Policy and the
General Administrative Policies or the Employee Handbook.
(3)
Unexcused, unauthorized or excessive absence or tardiness.
(4)
Failure or inability to perform the essential functions of the assigned
position.
(5)
Reporting to work or working while under the influence of intoxicating
beverages or a controlled substance or having possession of same during
working hours.
(6)
Offensive conduct or language.
(7)
Provoking or instigating a fight or fighting during working hours.
(8)
The following practices are prohibited influence and practices:
(a)
Pernicious political activity by any City employee while on
duty or in the course of his or her employment in the classified service.
(b)
Giving of any consideration, whether financial or otherwise,
in return for appointment to an office or position in the service
of the City.
(c)
The obstruction or deceiving of any person desiring to take
an examination under the provisions of this chapter or desiring to
secure information concerning any such examination.
(d)
The deliberate mismarking or miscalculation of grades of any
applicant taking an examination.
(e)
The impersonation by any person of any other person in connection
with the holding of an examination.
(f)
Giving to or receiving by candidates for examination information
or assistance enabling such candidates to obtain an unfair or improper
advantage over other candidates for the same examination.
(9)
Using an employee's official authority or influence to coerce
or restrain the political action of any person or body or to gain
any special favor or treatment.
B.
Discipline.
(1)
A positive discipline approach will be used by supervisors and managers.
This system emphasizes correcting the problem rather than punishing
the offender. Normally, the steps in the positive discipline process
are as follows:
(2)
The above discipline approach may be altered in certain circumstances
in the best interest of the City and City employees. Discipline may
begin at the written reprimand, suspension, or dismissal step, dependent
upon the nature and/or gravity of the issue.
[Amended 9-27-2016 by Ord. No. 2573]
[1]
Editor’s Note: The title of this section was changed
from “Procedures for suspension, demotion and dismissal”
to “Procedures for suspension and dismissal” 9-27-2016
by Ord. No. 2573.
[Amended 1-13-2015 by Ord. No. 2539; 9-27-2016 by Ord. No. 2573]
A.
Whenever an appointing authority concludes, following an appropriate
investigation, that an employee in the classified service has acted
in such a manner as to demonstrate cause for suspension or dismissal,
the appointing authority shall report, in writing, to the Mayor or
his/her designee regarding the pertinent facts and circumstances.
If the Mayor also concludes, upon review, that the action or inaction
of the employee demonstrates cause for suspension or dismissal, the
appointing authority and Mayor may jointly suspend or dismiss the
employee. The City shall forthwith notify the employee of the suspension
or dismissal in writing. The written notification shall include an
explanation that the employee has the right to appeal such action
to the Civil Service Commission within 10 workdays after the issuance
of the notice. In the event that the Mayor does not believe that the
appointing authority has demonstrated cause for the suspension or
dismissal of the employee, the appointing authority may appeal that
decision to the Commission.
B.
Upon receipt of the appeal, the Commission shall appoint a time and
place for the hearing of the charges within 10 workdays after receipt
of the appeal and notify the appointing authority and the accused
of the time and place of such hearing. The hearing may be held at
a later time upon agreement of all parties. The hearing shall be closed.
After the hearing, the Commission shall determine whether the charge
is well-founded and will direct the appointing authority to take such
action by way of suspension, discharge or reinstatement as it may
deem requisite and proper under this chapter. The Commission shall
permit the accused to be represented by counsel at no expense to the
City. The Commission may request the presence of the City Attorney
or Special Counsel at the hearing in order to advise the Commission
on legal questions arising from the hearing. The Chair and Secretary
of the Commission may issue subpoenas and administer oaths in connection
with this hearing. The decision of the Commission shall be final and
conclusive upon both the City and the accused.
C.
Should the Commission find that suspension or dismissal is not warranted,
or the penalty too severe, then the Commission may modify the terms
of the suspension or reinstate the dismissed employee. The Commission
shall have full authority to restore any lost salary or wages in part
or in full. The Commission's decision on such an appeal should
be considered final and binding and subject to appeal only under the
terms of the Wisconsin statutes governing the enforcement of arbitration
or disputes.
A.
Civil service employees hired under civil service procedures shall
be removed or suspended under civil service procedures.
B.
Section 17.12(4) of the Wisconsin Statutes governs this procedure.
It is stated as follows:
General Exception. But no officer of any city appointed according
to merit and fitness under and subject to a civil service or to a
Police and Fire Commission law, or whose removal is governed by such
a law, shall be removed otherwise than as therein provided.
Each member of the Commission may subpoena witnesses, administer
oaths, and examine witnesses and papers of all sorts in conducting
such investigations as the Commission may deem necessary or proper
in order to ascertain whether or not the provisions of this chapter
have been or are being carried into effect. The Commission may examine
such public records as it requires in relation to any such investigation.
All officers and other persons in the civil service of the City shall
attend and testify when required to do so by the Commission.
The City agrees, as a general policy insofar as it can at the
time of reemployment, to reemploy upon honorable discharge any employee
who shall enter the military, naval or maritime service of the United
States for the duration of the period for which held drafted or enlisted
and to abide by any federal laws enacted requiring reemployment of
persons drafted or enlisted into the service.
[Amended 1-13-2015 by Ord. No. 2539]
Members of the classified service shall be addressed through
the Administrative Policies as established by the Mayor and/or Council
from time to time.
[Amended 1-13-2015 by Ord. No. 2539]
Members of the classified service shall be addressed through
the Administrative Policies as established by the Mayor and/or Common
Council from time to time.
[Amended 1-13-2015 by Ord. No. 2539; 9-27-2016 by Ord. No. 2573]
The salary table shall be established by the Common Council
effective January 1 of each year. That adjustment shall take into
consideration market factors and the adjustment to the represented
employee to avoid compression issues.
A.
Time loss. The Director of Finance shall check and keep a record
of the time allowed to employees for vacations and leave on account
of sickness or other causes and shall verify that the total time allowed
to any one employee is consistent with the information received from
the supervisor/department head and in accordance with the allowance
initially provided by the Common Council and otherwise permitted under
applicable law.
B.
Preparation of payrolls and salary accounts. The supervisor/department
head shall review and confirm the accuracy of employees' time
cards and transfer them to the Director of Finance for preparation
of payroll. The supervisor or department head shall immediately report
all changes affecting employment in the classified service to the
Mayor.
C.
Overtime. Eligibility for overtime shall be consistent with the City's
Fair Labor Standards Act Policy.
[Amended 1-13-2015 by Ord. No. 2539; 9-27-2016 by Ord. No. 2573]
B.
Wages and salary definitions. The following definitions shall be
used in connection with job evaluation and pay plan policies:
- CLASS or CLASSIFICATION
- A group of positions with duties and responsibilities sufficiently alike to require similar experience, abilities, knowledge or other traits for efficient performance of duties. A class or classification may consist of one position, as defined below, when no other positions of the same kind exist.
- DEPARTMENT HEAD
- Staff designated as having the power of appointment per § 11-7 of the Municipal Code.
- ESSENTIAL FUNCTIONS
- The typical duties or kind of work that is directly associated with a position for which the incumbent is held responsible or accountable.
- JOB DESCRIPTION
- Includes documented statements as to title, department, reporting structure, purpose of the position, essential function, position requirements and ADA attachment.
- JOB EVALUATION
- The process of studying and classifying jobs based on measurable factors which are related directly to the job in order to facilitate the personnel planning, budgeting, selection and compensation processes in an organization.
- POSITION
- Any specific office, employment or job calling for the performance of certain duties and for the exercise of certain responsibilities by one individual. "Position" and "job" are used interchangeably.
- PROMOTION
- With respect to the pay plan, a promotion is any change where the maximum compensation for the new salary grade is greater than for the salary grade from which the change is made.
- RESPONSIBILITY
- A typical duty directly associated with a classification, position or function for which the incumbent is held responsible or accountable.
- SALARY GRADE
- The level of pay for a given classification or classifications. Each salary grade consists of a salary range of minimum, control point and maximum. The Common Council adopts new salary grades by resolution.
- SALARY RANGE
- A range of minimum, control point and maximum salary assigned to a salary grade.
- TEAM MANAGEMENT PROCESS
- A formal performance review, a coaching technique or a hybrid chosen by Department Heads for the management of their staff. Whatever method chosen by the department head and approved by the Director of Administrative Services, the process utilized will assess the employee's performance of job duties contained in his/her position description as well as attainment of personal development goals. Succession planning will be a part of this process.
C.
Pay plan.
[Amended 1-13-2015 by Ord. No. 2539]
(1)
Salary ranges. The pay plan shall be applied to various classified
service jobs in the City in accordance with a table of salary ranges
and positions as approved from time to time by the Common Council.
Said table shall be available to employees on the City intranet.
(2)
Salary range adjustments. At the time of the annual January 1 salary
range adjustment, employees will be placed in the salary range at
the same level as that prior to such adjustment.
(3)
Promotional increases. Each position classification is assigned a
salary range. When an employee is promoted to a position or classification
in a higher salary grade, a promotional increase will be granted.
(4)
Reinstatements. A reinstated employee shall be paid within the approved
salary range from the position to which he/she is reinstated but not
in excess of the salary range received at the time he/she vacated
his/her position, unless the salary range is altered by a general
adjustment.
[Amended 1-13-2015 by Ord. No. 2539]
Establishment of job classifications and salary ranges. All
requests for the establishment or review of all civil service job
classifications and salary ranges shall follow the procedure set forth
herein. This shall include all requests for review or reclassification
of existing positions as well as all requests for the classification
of new positions.
A.
All job classifications, except as specifically stated hereunder,
shall be reviewed under this procedure. Requests for the establishment
of new job classifications and review of existing ones shall be submitted
to the Mayor and Civil Service Commission on forms provided for that
purpose. A request for reclassification must be supported with documentation
of substantial change in job duties/responsibilities since the last
review. Changes in duties/responsibilities may result from departmental
reorganization or from a gradual change occurring over an extended
period of time. Requests may also be submitted if the department head
believes the position classification warrants an equity adjustment
due to changes in the labor market. Reclassifications shall not be
considered for temporary changes.
B.
The City will review the job analysis questionnaire with the employee
and department head or, if the position is vacant or new, with the
department head to ensure the complete documentation of position responsibilities.
The City shall then collect such other information as may be necessary
to properly evaluate the job classification of the request for review.
[Amended 9-27-2016 by Ord. No. 2573]
C.
Not more than 30 days after the submission of the request for classification
and establishment of salary range, the Human Resources Department
will utilize the evaluative process based upon the job analysis questionnaire
and scoring method as prepared by GovHR, previously utilized by the
City in the study of new and former position description questionnaires,
job descriptions, etc. Interviews may also be conducted with the employee,
department head and other appropriate persons. An outside consultant
may be used to assist in market analysis.
[Amended 9-27-2016 by Ord. No. 2573]
D.
Upon the completion of the job analysis questionnaire scoring, the
City shall prepare a preliminary report. The report shall be reviewed
with the department head and employee. If the department head and/or
employee does not agree with the recommendation, the department head
or employee may request a meeting with the Mayor.
[Amended 9-27-2016 by Ord. No. 2573]
E.
The final position classification report shall include the title
of the position, the salary range, the duties and the analysis of
the proper classification of the position based on the job analysis
questionnaire. Said report shall be presented to the Mayor or his
or her designee.
[Amended 9-27-2016 by Ord. No. 2573]
F.
As an alternative to the review classification procedure outlined
above, an independent qualified compensation consultant's report
may be obtained. The review, establishment, classification and/or
reclassification of department head positions and their salary ranges
shall be considered solely through the use of a classification report
prepared by a qualified independent consultant's report as reviewed
by the Civil Service Commission and ultimately the Common Council.
[Amended 9-27-2016 by Ord. No. 2573]
G.
Upon receipt of the report, the Civil Service Commission shall review
the report and hear any objections thereto by interested persons.
H.
Upon receipt of the appropriate report, the Civil Service Commission
shall make a recommendation to the Common Council regarding the appropriate
classification and salary range for the position.
I.
All parties participating in the job classification and salary range
establishment process shall make reasonable efforts to ensure that
the entire review and classification process is completed within 60
days of the original application.
J.
A job classification and salary range review of all civil service
employees shall occur from time to time as determined by the Council
upon the recommendation of the Civil Service Commission. A review
of the necessity of a comprehensive job classification and salary
review for all civil service employees shall occur not less than every
10 years.
[Amended 1-13-2015 by Ord. No. 2539; 9-27-2016 by Ord. No. 2573]
Members of the classified service shall be subject to the City's
Administrative Discipline and Grievance Procedures when not addressed
in this Code.