Village of Williams Bay, WI Officers and Employees

Confidentiality of information about income and expenses provided to Assessor. Whenever the Assessor, in the performance of the Assessor's duties, requests or obtains income and expense information pursuant to § 70.47(7)(af), Wis. Stats., or any successor statute thereto, such income and expense information that is provided to the Assessor shall be held by the Assessor on a confidential basis, except, however, that the information may be revealed to and used by persons in the discharging of duties imposed by law; in the discharge of duties imposed by office (including, but not limited to, use by the Assessor in the performance of official duties of the Assessor's office and use by the Board of Review in the performance of its official duties); or pursuant to order of a court. Income and expense information provided to the Assessor under § 70.47(7)(af), unless a court determines that it is inaccurate, is per § 70.47(7)(af), not subject to the right of inspection and copying under § 19.35(1), Wis. Stats.

Weed and Tree Commissioner.

Civil Defense Commissioner.

Building Inspector.

[Amended 4-16-2018 by Ord. No. 2018-4]

Auditor.

Zoning Administrator.[1]

[Amended 4-16-2018 by Ord. No. 2018-4]

Editor's Note: Original § 1.04(2), regarding Clerk-Treasurer, of the 2011 Code, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 80-2 Regulations regarding employees.

Supervisory control. The general oversight shall be exercised by the Village President and the Chairperson of each respective committee. The day-to-day supervision of Village officers, department heads and their staff shall be delegated to the Village Administrator.

[Amended 12-21-2015]

Appointments. The Village Board shall appoint every new employee, who must apply in writing for the job opening when this situation exists. Before appointments, the applicant must pass a satisfactory examination as to physical and educational qualifications, habits, reputation and experience. The Village Board may provide competitive examinations for job applicants.

Duties of supervisors. Each employee acting in a supervisory capacity shall follow the instructions of the Village Administrator who reports to the Board. He shall be responsible for the efficient and general good conduct of his department and shall promptly report verbally or in writing all complaints against any member of his department.

[Amended 12-21-2015]

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 of Williams Bay. 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.

Disciplinary actions. A supervisor may be suspended or dismissed for cause by the Village Board following a hearing. A subordinate may be suspended without pay by the Chairperson of the committee under which he is working, following which a hearing by the Village Board shall be called and held within 10 days thereafter. The charges upon which the suspension is based shall be in writing and must be filed with the Clerk five days before the hearing. If the charges are found true, the employee may be discharged or given some lesser penalty. If the charges are not found true, his pay loss shall be restored.

Causes for suspension or dismissal. Many but not all possible causes follow:

Under the influence of alcohol, illegal drugs or narcotics.

Insubordination or disrespect toward a superior employee or any member of the Village Board.

Neglect of duty/failure to act.

Neglect or disobedience of any order.

(e)

Absence from duty without leave.

(f)

Immorality.

(g)

Communicating information relating to the Village Board without permission.

(h)

Making a false official statement or entry in official records.

(i)

Discourtesy or insolence toward the public.

(j)

Untruthfulness.

(k)

Use of profane language.

(l)

Sleeping while on duty.

(m)

Uncleanliness in person or dress.

(n)

Accepting a bribe.

(o)

Stealing or using Village supplies or equipment for personal use.

(p)

Criticizing orders by the Village Board.

(q)

Any other act or omission contrary to good order and discipline.

Grievance procedure. This policy is intended to comply with § 66.0509, Wis. Stats., and provides a grievance procedure addressing issues concerning workplace safety, discipline and termination. This policy applies to all employees covered under § 66.0509, Wis. Stats., other than police and fire employees subject to § 62.13(5), Wis. Stats. An employee may appeal any level of discipline under this grievance procedure.

For purposes of this policy, the following definitions apply:

"Employee discipline" includes all levels of progressive discipline, but shall not include the following items:

Placing an employee on paid administrative leave pending an internal investigation;

Counseling, meetings or other pre-disciplinary action;

[3]

Actions taken to address work performance, including use of a performance improvement plan or job targets;

[4]

Demotion, transfer or change in job assignment; or

[5]

Other personnel actions taken by the employer that are not a form of progressive discipline.

"Employee termination" 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:

Voluntary quit;

Layoff or failure to be recalled from layoff at the expiration of the recall period;

[3]

Retirement;

[4]

Job abandonment, "no-call, no-show," or other failure to report to work; or

[5]

Termination of employment due to medical condition, lack of qualification or license, or other inability to perform job duties.

"Workplace safety" is defined as conditions of employment affecting 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. Any written grievance filed under this policy must contain the following information:

The name and position of the employee filing it;

A statement of the issue involved;

[3]

A statement of the relief sought;

[4]

A detailed explanation of the facts supporting the grievance;

[5]

The date(s) the event(s) giving rise to the grievance took place;

[6]

The identity of the policy, procedure or rule that is being challenged;

[7]

The steps the employee has taken to review the matter, either orally or in writing, with the employee's supervisor; and

[8]

The employee's signature and the date.

Steps of the grievance procedure. Employees should first discuss complaints or questions with their immediate supervisor. Every reasonable effort should be made by supervisors and employees to resolve any questions, problems or misunderstandings that have arisen before filing a grievance.

Step 1: Written grievance filed with the department head. The employee must prepare and file a written grievance with the department head within five business days of when the employee knows, or should have known, of the events giving rise to the grievance. The department head or his/her designee will investigate the facts giving rise to the grievance and inform the employee of his/her decision, if possible, within 10 business days of receipt of the grievance. In the event the grievance involves the department head, the employee may initially file the grievance with the Village of Williams Bay Administrator, who shall conduct the Step 1 investigation.

Step 2: Review by the Village of Williams Bay Administrator.

If the grievance is not settled at Step 1, the employee may appeal the grievance to the Village of Williams Bay Administrator within five business days of the receipt of the decision of the department head at Step 1.

The Village of Williams Bay Administrator or his/her designee will review the matter and inform the employee of his/her decision, if possible, within 10 business days of receipt of the grievance.

Step 3: Impartial hearing officer. If the grievance is not settled at Step 2, the employee may request in writing, within five business days following receipt of the Village of Williams Bay Administrator's decision, a request for written review by an impartial hearing officer. The Village of Williams Bay shall select the impartial hearing officer. The hearing officer shall not be a Village of Williams Bay employee. In all cases, the grievant shall have the burden of proof to support the grievance. The impartial hearing officer will determine whether the Village of Williams Bay acted in an arbitrary and capricious manner. This process does not involve a hearing before a court of law; thus, the rules of evidence will not be followed. Depending on the issue involved, the impartial hearing officer will determine whether a hearing is necessary, or whether the case may be decided based on a submission of written documents. The impartial hearing officer shall prepare a written decision.

Step 4: Review by the governing body. If the grievance is not resolved after Step 3, the employee or the Village of Williams Bay Administrator shall request, within five business days of receipt of the written decision from the hearing officer, a written review by the governing body. For library employees, the appeal shall be filed with the Library Board. For all other employees, the appeal shall be filed with the Village of Williams Bay Board. The Village of Williams Bay Board shall not take testimony or evidence; it may only determine whether the hearing officer reached an arbitrary or incorrect result based on a review of the record before the hearing officer. The matter will be scheduled for the Village of Williams Bay Board's next regular meeting. The Village of Williams Bay Board will inform the employee of its findings and decision in writing within 10 business days of the Village of Williams Bay Board meeting. The Village of Williams Bay Board shall decide the matter by majority vote and this decision shall be final and binding.

(3)

An employee may not file a grievance outside of the time limits set forth above. If the employee fails to meet the deadlines set forth above, the grievance will be considered resolved. If it is impossible to comply with the deadlines due to meeting notice requirements or meeting preparation, the grievance will be reviewed at the next possible meeting date. An employee will not be compensated for time spent in processing his/her grievance through the various steps of the grievance procedure.

Examinations. Every employee shall submit to a physical and mental examination when requested by the Village Board.

Training. A Supervisor is encouraged to attend all training sessions for his type of work sponsored by the League of Wisconsin Municipalities and other agencies as will be authorized by the Village Board from time to time, his expense to be paid by the Village. He is also expected to study all publications concerning his work which are made available by the Village Board.

Records and reports. The Supervisor shall keep a record of all complaints and applications calling for the services of his department.

Hours of duty. The Supervisor shall regulate the hours of duty of himself and subordinates with the approval of the Village Board.

General rules. Vacations will be granted as near as possible to dates requested and as working conditions permit. Sickness in excess of three days must be supported by a note from a doctor.

Causes for suspension or dismissal. See § 80-2D(2).

§ 80-3 Village Administrator.

Village Administrator creation and purpose. In order that the various officers, officials and employees executing policies and administering the affairs of the Village of Williams Bay be operated as efficiently as possible under a system of part-time President and part-time Trustees, and to better insure confident, expeditious, efficient and harmonious administration in action and in respect to any activity, of any one or more of the Village's officers, officials and employees, and in order that there may be uniform administration of policy, there is hereby created the office of Village Administrator for the Village of Williams Bay.

Functions of Village Administrator.

The Village Administrator shall be the administrative officer of the Village, responsible for the proper administration of the business and affairs of the Village, subject to those limitations imposed by the statutes of the State of Wisconsin, the ordinances of the Village of Williams Bay, and the resolutions and directions of the Village Board.

Nothing herein shall be construed to conflict with the duties of the Village Board and other Village officers otherwise provided by statute and the ordinances of the Village of Williams Bay.

Appointment. The Village Administrator shall be appointed by the Village President and confirmed by the Village Board for a term of three years from the date of initial hire (or at the expiration of the term of an incumbent Village Administrator appointed prior to April 20, 2021) on the basis of merit, with due respect to training, experience, administrative ability and general fitness and knowledge of administrative and operational functions of municipal government. The Village Administrator shall be an officer of the Village of Williams Bay. Compensation therefor shall be as determined by the Village Board from time to time. Should the Village President decline to reappoint an incumbent Village Administrator, the Village Board may reappoint the incumbent Village Administrator to that office.

[Amended 1-17-2022 by Ord. No. 2021-11]

General duties. The Village Administrator shall have the following general duties:

[Amended 1-17-2022 by Ord. No. 2021-11]

Board relations.

Carry out directives of the Village Board which require administrative implementation, reporting promptly to the Village Board any difficulties encountered therein.

Attending all meetings of the Village Board, assisting the President and the Village Board as required in the performance of their duties.

Keep the President and Village Board regularly informed about the activities of the Administrator's Office and the current fiscal position of the Village by oral or written report at regular and special meetings of the Village Board.

The Village Administrator shall make recommendations from time to time to the Village Board for improving the quality and efficiency of services performed by the Village and for improving the health, safety and welfare of the Village.

Financial.

Serve as the primary staff person in establishing and monitoring the annual operating budget in accordance with all statutory requirements.

Oversee the work of the Treasurer and serve as the primary staff person responsible for monitoring the budget and answering budget inquiries of staff and elected officials. Perform certain accounting tasks to ensure separation of duties to the extent possible, including reviews, approve journal entries, approve all Village encumbrances, review and approve bank deposits.

Serve as the purchasing agent for the Village, supervising all purchasing and overseeing the contracting for supplies and services. Prepare Village contracts for execution.

(3)

Administration.

Administer all day-to-day operations of the Village government, including the monitoring of all Village ordinances, resolutions, Village Board meetings and state statutes.

Administer and direct the operation and maintenance of all Village-owned property, lands, buildings, improvements and equipment, and all public ways, ditches, drains and storm sewers, and where such duties are otherwise given to other officials, officers and employees of the Village, the Village Administrator shall assist the above officials, officers and employees as the Village Board may from time to time direct.

Create drafts of administrative procedures, subject to review by the Village Board, to increase the effectiveness and efficiency of Village government.

Oversee the engagement of outside consultants through drafting RFPs or bid requests, review bids and proposals and make a recommendation to the Village Board.

(e)

Ensure the thorough and satisfactory completion of all contracted and consultant work.

(4)

Legislative.

Keep informed concerning current federal, state and county legislation and administrative rules affecting the Village.

(5)

Human relations.

Serve as personnel officer for the Village with responsibilities to ensure that complete and current personnel records, including specific job descriptions for all Village employees, are maintained; evaluate, in conjunction with department directors, the performance of all employees on a regular basis, recommend salary and wage scales for Village employees not covered by collective bargaining agreements, ensure that the Village employees have proper working conditions, and work closely with department heads to promptly resolve personnel problems or grievances.

Administer or direct a designee to ensure that all employees, new and sustained, have had their benefit package fully explained and implemented.

The Village Administrator shall work closely with department heads to ensure that employees receive adequate opportunity for training in order to maintain and improve their job-related knowledge and skills.

Recommend to the Village Board the appointment, promotion and, when necessary, for the good of the Village, the suspension or termination of department directors.

(e)

In consultation with the appropriate department director, be responsible for the appointment, promotion and, when necessary for the good of the Village, the suspension or termination of employees below the department director level.

[1]Change of duties. The Village Board may, from time to time, increase, decrease, change or otherwise modify the duties of the Village Administrator as the Village Board may, in its sole discretion, determine appropriate.