City of New Berlin, WI
Waukesha County
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Table of Contents
Table of Contents
[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Editor's Note: This ordinance also repealed former Ch. 11, Civil Service, adopted 10-10-2000 by Ord. 2124 as Ch. 4 of the Municipal Code, as amended.

§ 11-1 Purpose.

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.

§ 11-2 Civil Service Commission.

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.

§ 11-3 Rules and regulations.

[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.
A. 
The Commission shall be guided by ordinances established by the Council.
B. 
The Commission may recommend personnel policies for the classified service, subject to approval by the Common Council.

§ 11-4 Definitions and classification of positions.

[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.

§ 11-5 Civil service positions.

[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

§ 11-6 Deputy City Clerk.

[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.

§ 11-7 Appointing authority.

[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

§ 11-8 Position vacancies.

[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.
[1]
Editor’s Note: Former Subsection B, Reinstatement lists, was repealed 9-27-2016 by Ord. No. 2573. This ordinance also provided for the redesignation of former Subsections C through F as Subsections B through E, respectively.
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]

§ 11-9 Probationary period.

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.

§ 11-10 Causes for suspension and/or dismissal; disciplinary approaches. [1]

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]
(1) 
Theft (see Chapter 28, Ethics, Code of).
(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:
(a) 
Verbal warning.
(b) 
Written reprimand.
(c) 
Suspension without pay.
[Amended 9-27-2016 by Ord. No. 2573]
(d) 
Dismissal.
(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.

§ 11-11 Procedures for suspension and dismissal.

[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.

§ 11-12 Removal and suspension of City employees.

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.

§ 11-13 Investigations.

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.

§ 11-14 Military service.

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.

§ 11-15 Leave of absence without pay.

[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.

§ 11-16 Leave of absence with pay.

[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.

§ 11-17 Compensation.

[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.

§ 11-18 Team Management Process.

[Amended 1-13-2015 by Ord. No. 2539; 9-27-2016 by Ord. No. 2573]
A. 
Purpose:
(1) 
To provide performance and organizational feedback to employees.
(2) 
To provide for the appropriate succession planning.
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.

§ 11-19 Review and establishment of job classifications and salary ranges.

[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.

§ 11-20 Grievance procedure. [1]

[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.
[1]
Editor’s Note: Former §11-21, Fringe benefits for full-time employees, as amended, and § 11-22, Fringe benefits for part-time employees, as amended, were repealed 9-27-2016 by Ord. No. 2573. This ordinance also provided for the redesignation of former § 11-23 as § 11-20.