[HISTORY: Adopted by the Village Board of the Village of Greendale as Ch. 4 of the Code of Ordinances. Amendments noted where applicable.]
There is hereby created a system of selection, tenure and status applicable to all the personnel of the Village employed in its classified service as herein defined.
All offices and positions in the public service in the Village shall be divided into classified and unclassified service.
Unclassified service. Shall include:
All officials elected by the people.
All members of boards and commissions.
Personnel of the Police and Fire Departments who are under the jurisdiction of the Police and Fire Commission.
Public Health Administrator/Health Officer.
Village Manager and other heads of departments.
Teaching staff of the Board of Education.
Classified service. All other offices and positions, however created or filled, shall be included in the classified service, except temporary work or work created for relief purposes, the distribution of which shall be on a fair, equitable and just basis.
All officers and employees holding positions for six months who are made subject to the provisions of this chapter shall hold their positions as civil service employees without examination. It is the intent of this chapter to recognize previous service for the Village as giving civil service status in the same manner as employees selected after the passage of this chapter. Seniority shall be computed from the date of employment by the Village. Employees who have less than six months of actual service shall be regarded as holding their positions as probationers and shall serve the balance of their probationary periods before their appointments become complete. Officers of the Police and Fire Departments who have less than one year of actual service shall serve the balance of their probationary period before their appointments become complete.
The Village Manager shall prepare rules covering all phases of the personnel program of the Village, such rules to be submitted to the Village Board for review and approval, which then shall have the force of law. The rules shall cover, among other things:
Preparation and administration of position classification plans as hereafter required.
Application for employment.
Preparation, conduct and scoring of examinations.
Maintenance of employment, reemployment and promotion lists.
Certifications and probationary appointments.
Transfers, promotions and demotions.
Working conditions and hours.
Termination of employment.
[Amended 9-6-2011 by Ord. No. 856]
The rules shall be prepared so that all decisions on personnel matters shall be made solely on the basis of merit, fitness and seniority rights of the individual, and the various practices and procedures established thereunder which shall govern these decisions shall incorporate established professional standards and techniques which shall serve to further that end.
Discipline. Discipline may result when an employee's actions do not conform with generally accepted standards of good behavior, when an employee violates a policy or rule, when an employee's performance is not acceptable, or when the employee's conduct is detrimental to the interests of the Village. Disciplinary action may call for any of four steps — verbal warning, written warning, suspension (with or without pay) or termination of employment — depending on the problem and the number of occurrences. There may be circumstances when one or more steps are bypassed. Certain types of employee problems are serious enough to justify either a suspension or termination of employment without going through progressive discipline steps. The Village reserves the right, in its sole discretion, to impose disciplinary action as may be appropriate to the particular circumstances.
Civil service system. Chapter 4 of the Village Code creates a civil service system that is intended to comply with § 66.0509, Wis. Stats., and provides civil service protections over the issues of workplace safety, discipline and termination. An employee may appeal any level of discipline under this civil service procedure. For purposes of § 4.04 of this Code, the following definitions apply:
- TERMINATION OF EMPLOYMENT
- Shall include action taken by the employer to terminate an individual's employment for misconduct or performance reasons, but shall not include the following personnel actions:
- (a) Voluntary quit;
- (b) Layoff or failure to be recalled from layoff at the expiration of the recall period;
- (c) Retirement;
- (d) Job abandonment, "no-call, no-show," or other failure to report to work; or
- (e) Termination of employment due to medical condition, lack of qualification or license, or other inability to perform job duties.
- WORKING CONDITIONS
- Includes workplace safety issues that affect an employee's physical health or safety, the safe operation of workplace equipment and tools, safety of the physical work environment, personal protective equipment, workplace violence, and training related to same.
The Village Manager shall prepare a classification of positions based on the duties and responsibilities of all positions in the classified service of the Village, such classifications to be submitted to the Village Board for review and approval.
The position classification shall include titles and written specifications for the various classes of positions. Each class shall include all positions in classified service which are sufficiently similar with respect to duties, responsibilities and authority so that the same descriptive title may be used to designate each position allocated to the class and so that the same requirements as to education, experience, intelligence, general and specialized knowledge, skill, physical condition and other qualifications may be demanded of incumbents for the proper performance of their duties. The class titles of the classifications shall be used in all personnel, budget and financial records and communications.
[Amended 6-16-2015 by Ord. No. 873]
The Village Manager shall prepare an equitable salary plan fixing minimum and maximum salary or wage rates for each class of position, and the plan shall become effective upon approval of the Village Board. The plan may be revised by the Village Manager whenever changing conditions require and shall be submitted to the Village Board for approval, accept as provided in § 4.07(2). All changes in salary and wage rate increases shall be submitted to the Village Board for approval at the time the budget comes up for consideration for the next fiscal year.
The Village Manager can make changes in salary and wage rates within the approved salary plan for individual employees during the fiscal year if the Village Manager determines using his/her professional expertise that it is in the Village's best interest to do so.
The Village Manager shall conduct written, oral and performance examinations to determine the fitness of applicants for all positions in the classified service. He shall refuse to examine an applicant or shall after examination remove his name from the employment list if the applicant fails to meet the qualifications established for the class of position for which he applies or if he fails to comply with the personnel rules.
The Village Manager may obtain such technical assistance as he deems necessary in the conduct of any examination. The request for such technical assistance shall be submitted to the Village Board for authorization if any compensation is to be paid.
All tests shall be public, competitive and open to all persons who are eligible to appointment to any position within the class for which such examinations are held, within the limitations specified in this section, the classification plan and the rules promulgated by the Village Manager. All tests shall be designed to fairly determine the capacity of the persons examined to perform the duties of the position to be filled. No questions in any test shall relate to any religious or political opinion or affiliation.
Notice of all examinations shall be posted in at least three public places or published in a newspaper in general circulation in Milwaukee County at least 10 days prior to the examination.
After each examination the Village Manager shall prepare an employment list of those candidates who have secured a passing grade as established for that examination arranged in order of the rating received. Names added by any subsequent examination shall be placed on the list in the same manner as the original list was prepared. The duration of such employment lists and the conditions upon which names may be stricken therefrom shall be fixed by rule.
Any person who has held a permanent position in the classified service from which he has resigned in good standing, has been laid off for reasons not discreditable to him or is on authorized leave of absence shall be entitled to have his name placed on a reemployment list for certification to vacancies in the classified service, provided that he so requests in writing within one year from the date that his resignation, layoff or leave of absence became effective. The name of each such person shall be placed on the reemployment list considered most appropriate by the Village Manager. The order in which such names are arranged on each reemployment list shall be determined by the Village Manager in accordance with the service ratings obtained by the former employee while in the service, the length of previous service and the conditions surrounding separation from the service. Each name placed on a reemployment list shall be removed after two years. A person on the reemployment list shall be given preference in any appointment in his classification.
As far as practicable and feasible, vacancies in the classified service shall be filled by the promotion of persons holding positions in a lower classification. Promotional examinations shall be open only to persons in the classified service who meet the requirements established by the classification plan. Promotion lists shall be established of all persons receiving a passing grade as a result of such examinations, in the same manner as employment lists are prepared, and shall be continued for a period to be fixed by rule.
Whenever the Village Manager desires to fill a vacancy in any position in the classified service, he shall make his choice from the three persons standing highest on the eligibility list and place the person so chosen on a probationary appointment. The person have the highest grade shall be chosen unless a good reason exists to the contrary.
All original and promotional appointments and reemployments shall be made for a probationary period of one year. After one year from the date of the appointment or reemployment, no salary or compensation payment shall be made unless the services of the employee during the probationary period have been satisfactory.
This probationary period shall be deemed to be a part of the examining process for determining the qualifications of candidates. During such period the Village Manager may discharge such probationer without any reason being given therefor. However, upon dismissal during or at the termination of a probationary period of a promotional appointment, the employee shall be reinstated in his former position from which he was promoted, even though this necessitates the layoff of the employee occupying his former position.
The Village Manager may provisionally appoint persons to fill any vacancy. No person shall be given a provisional appointment in any one or more positions for more than an aggregate period of three months in any twelve-month period, nor shall more than one provisional appointment be made to any position within any twelve-month period.
The Village Manager may fill temporary positions for not longer than 90 days.
In order to prevent the stoppage of public service or inconvenience to the public, emergency appointments may be made by the Village Manager without regard to the provisions of this chapter, but no such appointment shall continue for longer than 10 days. The Village Manager shall file a statement with the Village Board as to the nature of the emergency.
The Village Manager may at any time suspend any person in the classified service for disciplinary reasons not to exceed 10 working days without right of appeal. Additional suspensions within a six-month period which would have the effect of making the period of suspension for the employee involved total 20 working days shall constitute a dismissal.
The Village Manager may at any time remove or demote any employee of the classified service for reasonable cause. Upon dismissal, demotion or suspension for disciplinary reasons exceeding 10 working days or layoff exceeding five working days, the Village Manager shall give the employee a written statement of the specific reasons for his dismissal, demotion or layoff.
If the employee desires, he may within 10 days file a written appeal with the Village Board demanding a hearing upon the dismissal, demotion or layoff. The Village Board, upon receiving such notice of appeal, shall set a date for a hearing not more than 15 days after the date of discharge, demotion or layoff. Written notice of the time and place of such hearing shall be served upon the Village Manager and the employee either personally or by leaving the same at his last known address at least five days before the date of hearing. Both the complainant and the employee may compel the attendance of witnesses by subpoenas which shall be issued by the Village President on request and be served as are subpoenas in court. The Village Board shall conduct the hearing at the time set, which hearing shall be public if the employee so requests, and may adjourn from time to time upon cause shown or upon its own motion, provided that such adjournment in all shall not extend beyond 60 days from the date of removal or demotion. Both the affected employee and the Village Manager shall be given full opportunity to be heard and may be represented by counsel if they so desire. The Village Clerk-Treasurer shall spread in the official minutes of the Board the facts adduced on the hearing. If the Village Board determines that the charges are not sustained, the employee, if he has been suspended or demoted, shall immediately be reinstated and reimbursed for salary lost during suspension. If the Village Board determines that the charges are sustained, the action of the Village Manager is final. The findings and determinations of the Village Board shall be in writing and shall be filed within three days after the close of the hearing with the Village Clerk-Treasurer and a copy thereof transmitted to the Village Manager and the employee.
Nothing in this section shall prevent the Village Manager from laying off any classified employee whenever he deems it necessary because of a material change in duties or organization or because of a shortage of work or funds.
No person holding a position under the classified service shall seek or accept election, nomination or appointment as an officer of a political club or organization or take an active part in any political campaign or serve as a member of a committee of such club or organization or seek signatures to any petition provided for by any law or act as a worker at the polls or distribute badges, pamphlets or handbills of any kind favoring or opposing any candidate for public office. However, nothing in this section shall prevent any such employee from freely discussing his views as a citizen or from casting his ballot in any election. Any violation hereof shall be sufficient grounds for the discharge of an employee. No person in the classified service or seeking admission thereto shall be employed, promoted, demoted or discharged or in any way favored or discriminated against because of political opinions or affiliations or because of religious beliefs.
No person shall deceive or obstruct any person in respect to his rights under the provisions of this chapter or shall falsely mark, grade, estimate or report upon any test or standing of any persons tested hereunder, or aid in so doing, or furnish to any person (except in answer to inquiries of the Village Manager) any special information for the purpose of either improving or injuring the rating of any such person for appointment or employment. No person shall use or promise to use his influence of official authority to secure any appointment or prospect of appointment to any position classified under this chapter as a reward or return for personal or partisan service. No public officer or employee shall by means of threats or coercion induce or attempt to induce any person holding a position in the classified service to resign his position or to take a leave of absence from duty or to waive any of his rights under this chapter. A resignation executed previous to appointment shall be of no effect. Any employee violating this section shall forfeit any rights of employment under this chapter or in the classified service of the Village.
The Village Manager shall report annually to the Village Board concerning examinations, appointments, promotions and removals in the classified service, together with his recommendations for promoting efficiency and economy in the service. Personnel records except examinations, questions and individual examinations and service records shall be open to the applicant under any reasonable regulations imposed by the Village Manager in coordination with the Village Board.
When an employee having regular status or regular appointment to an exempt position sustains an injury within the scope of his employment as provided by Ch. 102, Wis. Stats., he shall receive full payment for time lost for the first 30 working days with no deduction from his sick leave account. Thereafter, the Village Board shall review each case to extend full payment with no deduction from sick leave for periods of time as may be determined. All compensation payments made to the employee by the insurance carrier during this arrangement shall be turned over to the Village Clerk-Treasurer's office.
Legal holidays observed by the Village are as follows:
Legal holidays shall apply to all permanent salaried personnel except Police Department and Fire Department employees.
Half day on Good Friday shall apply to all permanent salaried employees except Police Department and Fire Department employees.
No permanent salaried employees eligible for holidays shall lose pay as a result of authorized absence on a holiday.
The Village Manager, department heads, administrative, engineering, health, public works, Water Utility and Sanitary Sewer Utility and Police Department clerical employees, in addition to the holidays listed above, shall receive three floater holidays, to be taken at the discretion of the department head.
[Amended by Ord. No. 679]
Vacations for general government employees shall be as listed and all others shall be as per labor contracts. The Village Manager may negotiate additional vacations for department heads with the approval of the Village Board.
First year: one week.
Second year: two weeks.
Eighth year: three weeks.
Fifteenth year: four weeks.
After 19 years: four weeks and one day.
After 20 years: four weeks and two days.
After 21 years: four weeks and three days.
After 22 years: four weeks and four days.
After 23 years: five weeks.
[Amended by Ord. No. 654]
The Fire Chief and each regular, full-time employee not represented by a bargaining unit in general government and the Police Department paid on an annual basis shall be allowed one day per month of sick leave to be accumulated for a total not to exceed 165 days. A certificate from a physician is required as evidence of illness for sick leave periods in excess of three successive days.
Fire Department captains not represented by a bargaining unit shall be allowed 18 hours per month to be accumulated for a total not to exceed 2,160 hours (90 days).
Retirement leave pay.
[Amended by Ord. No. 721]
The Fire Chief and each employee not represented by a bargaining unit in general government and the Police Department is entitled to 50% of accumulated balance to a maximum of 75 days, provided that such employee retires under the Wisconsin Retirement System regulations and has acquired 60 or more days of sick leave.
Fire Department captains not represented by a bargaining unit who retire under the Wisconsin Retirement Fund and who have acquired 30 or more days of sick leave shall be paid 1/2 of their accumulated sick leave not to exceed 420 hours. Pay for accumulated sick leave will be paid at the employee's annual base pay rate divided by 2,912 annual hours.
In lieu of such lump sum payment, the retiring employee may request the Village to establish a health insurance premium account for him which will contain the amount he would otherwise have been paid under this subsection. Such premium account shall be used only for the purpose of making payments of premiums toward the Village's group health insurance program on behalf of such retired employee. Payments of such premiums will be on the basis of whatever the premium cost per month is at the time of retirement until such premium account is depleted or the retired employee withdraws from or is no longer eligible to participate in the Village's group health insurance program. In the latter event, the retired employee will receive a lump sum payment of any balance in his premium account. In the event that the premium account is deleted, the retired employee may continue to participate in the Village's group health insurance program, provided that he pays the premium in advance to the Village.
[Added by Ord. No. 576]
Nonprotective occupation employees. Nonprotective occupation employees not represented by a bargaining unit with 10 or more years of service who retire under the Wisconsin Retirement System at age 62 or older, or who retire under a disability retirement under Ch. 40, Wis. Stats., shall be continued for the balance of their lives as members of the group health insurance plan of the Village under the conditions listed in Subsection (3) below.
Protective occupation employees. Protective occupation employees not represented by a bargaining unit with 10 or more years of service who retire under the Wisconsin Retirement System at the age specified by the Wisconsin Retirement System or older, or who retire under a disability retirement under Ch. 40 or § 40.65, Wis. Stats., shall be continued for the balance of their lives as members of the group health insurance plan of the Village under the conditions listed in Subsection (3) below.
[Amended by Ord. No. 721]
Conditions for continuation in health insurance plan.
The coverage will be for the retired employee and family. "Family" is defined in the health plan in effect at time of retirement.
Coverage would be in effect until the retired employee qualifies for Medicare.
Coverage would not include a retiree's spouse or family after his death.
Coverage would not include a retiree while he is covered by another health plan.
Coverage would not include a retiree who is eligible for coverage by a health plan from previous employment.
During the period the retired employee is eligible for coverage, the Village will pay an amount toward the monthly premium which is equal to 75% of the Village payment toward the health insurance premium which was in effect at the time of the employee's retirement.
[Amended by Ord. No. 597]