[HISTORY: Adopted by the Village Board of the Village of
Williams Bay as §§ 1.04, 1.06 and 1.14 of the 2011
Code. Amendments noted where applicable.]
The following officials shall be appointed by the Village President
and confirmed by the Village Board for terms of one year commencing
on May 1 in the year of appointment:
E. Assessor.
(1) 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.
F. Weed and Tree Commissioner.
G. Civil Defense Commissioner.
H. Building Inspector.
[Amended 4-16-2018 by Ord. No. 2018-4]
J. Zoning Administrator.
[Amended 4-16-2018 by Ord. No. 2018-4]
A. 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]
B. 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.
C. 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]
D. 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.
(1) 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.
(2) Causes
for suspension or dismissal. Many but not all possible causes follow:
(a)
Under the influence of alcohol, illegal drugs or narcotics.
(b)
Insubordination or disrespect toward a superior employee or
any member of the Village Board.
(c)
Neglect of duty/failure to act.
(d)
Neglect or disobedience of any order.
(e)
Absence from duty without leave.
(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.
(m)
Uncleanliness in person or dress.
(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.
E. 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.
(1) For
purposes of this policy, the following definitions apply:
(a)
"Employee discipline" includes all levels of progressive discipline,
but shall not include the following items:
[1]
Placing an employee on paid administrative leave pending an
internal investigation;
[2]
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.
(b)
"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:
[2]
Layoff or failure to be recalled from layoff at the expiration
of the recall period;
[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.
(c)
"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:
[1]
The name and position of the employee filing it;
[2]
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.
(2) 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.
(a)
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.
(b)
Step 2: Review by the Village of Williams Bay Administrator.
[1]
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.
[2]
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.
(c)
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.
(d)
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.
F. Examinations. Every employee shall submit to a physical and mental
examination when requested by the Village Board.
G. 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.
H. Records and reports. The Supervisor shall keep a record of all complaints
and applications calling for the services of his department.
I. Hours of duty. The Supervisor shall regulate the hours of duty of
himself and subordinates with the approval of the Village Board.
J. 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.
K. Causes for suspension or dismissal. See §
80-2D(2).
A. 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.
B. Functions of Village Administrator.
(1) 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.
(2) 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.
C. 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]
D. General duties. The Village Administrator shall have the following
general duties:
[Amended 1-17-2022 by Ord. No. 2021-11]
(1) Board relations.
(a)
Carry out directives of the Village Board which require administrative
implementation, reporting promptly to the Village Board any difficulties
encountered therein.
(b)
Attending all meetings of the Village Board, assisting the President
and the Village Board as required in the performance of their duties.
(c)
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.
(d)
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.
(2) Financial.
(a)
Serve as the primary staff person in establishing and monitoring
the annual operating budget in accordance with all statutory requirements.
(b)
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.
(c)
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.
(a)
Administer all day-to-day operations of the Village government,
including the monitoring of all Village ordinances, resolutions, Village
Board meetings and state statutes.
(b)
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.
(c)
Create drafts of administrative procedures, subject to review
by the Village Board, to increase the effectiveness and efficiency
of Village government.
(d)
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.
(a)
Keep informed concerning current federal, state and county legislation
and administrative rules affecting the Village.
(5) Human relations.
(a)
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.
(b)
Administer or direct a designee to ensure that all employees,
new and sustained, have had their benefit package fully explained
and implemented.
(c)
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.
(d)
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.
E. 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.