[HISTORY: Adopted by the Town Board of the Town of Fulton 9-12-1996
as Ch. 5 of the 1996 Code. Amendments noted where applicable.]
The Town Board of the Town of Fulton has the specific authority, pursuant
to §§ 19.59, 60.22, 60.32, 60.321, 60.37, 111.31, 111.322 and
111.345, Wis. Stats., and has the authority by its village powers pursuant
to §§ 60.10 and 60.22, Wis. Stats., to establish certain qualifications,
duties, powers and terms of employment for certain Town of Fulton employees
and Town of Fulton officers and to establish a written personnel policy beyond
any existing employee contracts or labor agreements for the Town of Fulton.
A.
The Town Board of the Town of Fulton hereby confirms the statutory
authority, duties and powers noted above and has established, pursuant to
the powers and duties of the Town Board of the Town of Fulton, certain Town
of Fulton employees and certain Town of Fulton officers and has established
specific qualifications, duties, powers and terms of employment for Town of
Fulton employees and Town of Fulton officers, including compensation for part-time
officials.[1]
B.
This chapter does not apply to part-time elected officers, part-time
nonelected officers, full-time elected officers, part-time employees, limited-term
employees or retained or contracted personnel of the Town of Fulton unless
specifically so noted in each section. Full-time Town of Fulton employees
and full-time Town of Fulton elected or nonelected officers shall be considered
employees who work for and are employed by the Town of Fulton for 1,550 hours
or more over a consecutive twelve-month period (30 hours per week, on average).
A.
The Town of Fulton, its officers and its employees will
comply with federal and state laws, federal and state regulations and this
chapter relating to any possible employment discrimination by the Town of
Fulton, including the possible discrimination related to hiring, promotion,
transfer, compensation, layoff and termination of any Town of Fulton employees
and nonelected Town of Fulton officers.
B.
The Town Board of the Town of Fulton has, by this chapter,
designated itself as the general authority to hire, appoint, compensate, promote,
train, educate, transfer, demote, suspend, discipline, terminate and establish
any other terms and conditions of employment for Town of Fulton employees
and for Town of Fulton nonelected officers, subject to any federal and state
laws, subject to federal and state regulations, subject to any Town of Fulton
ordinance, subject to any labor contracts and subject to any employee contracts
between the Town of Fulton and any Town of Fulton employee or nonelected Town
of Fulton officer.
A.
General policy. The Town of Fulton, its officers and
its employees will not, in the hiring policy or hiring program for Town of
Fulton employees or for nonelected Town of Fulton officers, act in any discriminatory
manner as noted in §§ 111.321 and 111.322, Wis. Stats. The
Town of Fulton, its officers and its employees will comply with federal and
state laws, federal and state regulations and this chapter relating to any
employment, including hiring, education, training, compensation, promotion,
transfer, suspension, layoff, demotion, discipline and termination of Town
of Fulton employees and nonelected Town of Fulton officers.
B.
General application process. In developing, preparing
and approving an employment application process and policy for prospective
Town of Fulton employees and prospective nonelected Town of Fulton officers,
the Town Board of the Town of Fulton shall follow and develop appropriate
application procedures to avoid charges or claims of employment discrimination,
to obtain properly qualified candidates for the positions and hopefully to
ensure that qualified and capable persons are employed by the Town of Fulton
as both Town of Fulton employees and nonelected Town of Fulton officers.
(1)
Job description. The Town of Fulton may have a written
job description on file for every employee and nonelected officer position
of employment in the Town of Fulton. Prior to requesting and receiving any
written job applications for any positions of employment in the Town of Fulton,
the Town Board of the Town of Fulton may develop and prepare a complete job
description for the position. The Town Board of the Town of Fulton shall be
the responsible person (or persons) to develop and prepare a complete written
job description.[1]
(2)
Qualification for employment. If a suitable qualified
applicant is found, the Town Board of the Town of Fulton or its designee may
hire the applicant. The Town Board of the Town of Fulton or its designee may
hire any person with or without a formal interview. The Town Board of the
Town of Fulton or its specific designee shall be the final and sole determinant
of qualifications for the position of employment. The qualifications for the
job imposed by the Town Board of the Town of Fulton or its designee must be
directly related to successful and capable performance of the position of
employment. The Town of Fulton, its officers and its employees must not engage
in any employment discrimination actions related to qualifications for the
job opening that are prohibited by Ch 111, Wis. Stats.
(a)
The Town Board of the Town of Fulton or its designee
may consider, if in full compliance with Ch. 111, Wis. Stats., regarding employment
discrimination, the following factors to disqualify a person for a position
of employment:
[1]
The person, based on the initial application form, lacks
the preliminary basic qualifications for the position. The basic qualifications
shall be established in the job description.
[2]
The person is physically unable to perform the duties
of the position.
[3]
The person is currently addicted to habitual use of narcotics
or intoxicating beverages which would adversely affect the applicant's performance
of his or her duties and/or would adversely affect the safety of other persons.[2]
[4]
The person has been previously dismissed from municipal
government employment for just cause.
[5]
The person was unable to physically perform the duties
of a position and reasonable accommodation cannot be made to allow the person
to physically perform the duties of the position.
[6]
The person has demonstrated poor interpersonal skills,
such as communication skills, writing skills and human interaction skills.
[7]
The person has character and employment references that
are not satisfactory.
[8]
The person has been convicted of a felony or misdemeanor
offense and the felony or misdemeanor substantially relates to the employment
opening. The Town of Fulton shall fully comply with § 111.335, Wis.
Stats.
[9]
The person filed a job application with the Town of Fulton
that was false or contained untrue statements that were material facts to
the application, including but not limited to facts relating to job history
and medical history.
[10]
The person attempted to or did bribe, threaten or coerce
a Town of Fulton official or Town of Fulton employee to obtain or attempt
to obtain employment with the Town of Fulton.
[11]
The person has a physical or mental handicap which would
prevent the person from performing the duties involved in the employment opening,
provided that reasonable accommodations by the Town of Fulton which would
make the person qualified cannot be made by the Town of Fulton or can only
be made through undue hardship of the Town of Fulton. The Town of Fulton shall
fully comply with § 111.34, Wis. Stats.
(b)
Prior to any actual mental or physical work for the Town
of Fulton, a physical examination shall be required of all new or rehired
Town of Fulton employees or Town of Fulton nonelected officers. The cost of
the physical examination, pursuant to § 103.37, Wis. Stats., will
be paid by the Town of Fulton. The physical examination shall be conducted
by a physician selected by the Town of Fulton or its health insurance carrier,
if applicable.
(c)
This physical examination requirement will also include
part-time and limited-term employees and nonelected part-time appointed officers.
(3)
Exemptions from hiring procedures. These application/promotion
hiring procedures, policy and requirements in this section do not cover part-time
or limited-term employees or part-time nonelected officers except as otherwise
noted. These employees or officers shall be hired and promoted at the will
and pleasure of the Town Board as common law employees at will.
(4)
Orientation/probation. All newly hired and rehired Town
of Fulton full-time employees and full-time nonelected officers will have
a probation period of six calendar months. Any newly hired Town of Fulton
full-time employee and full-time nonelected officer may be terminated at any
time during the probation period without charge, cause or hearing subject
to compliance by the Town of Fulton with proper public policy and with applicable
federal and state laws, federal and state regulations and Town of Fulton ordinances.
During such six-month period, performance will be reviewed with the employee,
as required, but not less than every 60 days during such period.
A.
The Town Board of the Town of Fulton may approve for
all full-time, part-time and limited-term employees and full-time or part-time
elected or nonelected officers reimbursement for the following costs and expenses
incurred by these persons for educational training:
B.
The Town Board of the Town of Fulton must approve the
reimbursement of costs and expenses and the maximum amount of reimbursement
of costs and expenses for employee or officer training and education prior
to these costs being incurred.
C.
The Town of Fulton will not act in any discriminatory manner
as noted in §§ 111.321 and 111.322, Wis. Stats., in the training
and education of any Town of Fulton employees or Town of Fulton nonelected
officers.
A.
Misconduct.
(1)
Personal conduct policy. The written personal conduct
policy of the Town of Fulton shall encourage courteous, nondiscriminatory,
respectful and legal behavior among all Town of Fulton employees and all Town
of Fulton officers. Certain conduct by any Town of Fulton employee or any
Town of Fulton officer may be labelled misconduct by the Town Board of the
Town of Fulton upon the development of a policy by the Town Board of the Town
of Fulton regarding such conduct or upon specific administrative action by
the Town Board of the Town of Fulton.
(2)
Specific misconduct. All employees and all elected and
nonelected officials, regardless of any seniority, part-time or full-time
status or position, shall not demonstrate or participate in the following
Town of Fulton employment conduct or Town of Fulton office conduct:
(a)
Intentionally use or misuse the property owned or leased
by the Town of Fulton without exercising due care in protecting this property.
The Town of Fulton, its employees and officers will comply with § 103.455,
Wis. Stats., related to wage or salary deductions for faulty workmanship,
loss, theft or damage.
(b)
Intentionally possess and intentionally maintain any
alcoholic beverage or controlled substance on any property owned by or leased
by the Town of Fulton without approval of the Town Board of the Town of Fulton.
The employees and officers, if they receive these items, shall immediately
place these items with the Chief of Police, the County Sheriff or other law
enforcement officers. This provision shall not apply to employees or officers
where the item is obtained by the employee or officer with a medical prescription.
(c)
Transport to, store, possess or use alcoholic beverages
or any controlled substance on any property owned by or leased by the Town
of Fulton without approval of the Town Board of the Town of Fulton. This provision
shall not apply to any employees or officers where the item is obtained by
the employee or officer with a medical prescription.
(d)
Drink alcoholic beverages or use controlled substances
during working hours or on property owned by or leased by the Town of Fulton
without a medical prescription or without approval of the Town Board of the
Town of Fulton. They shall refrain in all respects from reporting to work
or working under the influence of alcohol or a controlled substance without
a proper medical prescription or without approval of the Town Board of the
Town of Fulton. Any employee or officer with a problem related to alcohol
or drug abuse is encouraged to obtain professional counseling or other treatment.
Alcohol or drug abuse alone will not be the basis for the Town Board of the
Town of Fulton to order dismissal or to refuse to consider the employee for
a promotion or transfer. However, alcohol or drug abuse will not be tolerated
during working hours.
(e)
Demonstrate any reckless conduct on property owned by
or leased by the Town of Fulton.
(f)
Commit or provoke any physical assault on property owned
by or leased by the Town of Fulton or upon any employee or any elected or
nonelected officer.
(g)
Steal or illegally dispose of any property from the Town
of Fulton, from any employee or from any elected or nonelected officer.
(h)
Intentionally possess any firearm or other dangerous
weapons during working hours or on property owned by or leased by the Town
of Fulton without approval of the Town Board of the Town of Fulton. This provision
does not apply to any law enforcement officer of the Town of Fulton.
(i)
Commit any illegal gambling during working hours or on
property owned by or leased by the Town of Fulton.
(j)
Release confidential information of the Town of Fulton
to any party, including any closed records of the Town of Fulton, without
the approval of the Town Board of the Town of Fulton.
(k)
Threaten or intimidate any employee or elected or nonelected
officer.
(l)
Wear clothing during working hours that may cause or
lead to exposure or injury.
(m)
Fail to maintain to the maximum extent possible proper
hygiene during working hours, including clean hands, clean fingernails and
clean hair.
(n)
Sleep or intentionally loaf without medical excuse during
working hours.
(o)
Engage in intimate sexual and personal activities during
working hours that will substantially and negatively affect the daily work
performance of the employee or elected or nonelected officer.
(p)
Cause any sexual harassment of any employee or elected
or nonelected officer.
(q)
Smoke during working hours or on the property owned by
or leased by the Town of Fulton except where smoking is permitted and then
only at authorized breaks and at lunch time.
(r)
Falsify Town of Fulton records or conceal false records
made by any other Town of Fulton employee or Town of Fulton officer. These
include job applications and hourly wage slips.
(s)
Fail to provide the proper notice for any absence or
tardiness from work to the proper Town of Fulton supervisor.
(t)
Violate the Town of Fulton ordinance regarding ethics
of Town of Fulton employees and Town of Fulton officers.
(u)
Use abusive or profane language during working hours
before Town of Fulton employees, before Town of Fulton officers or before
the general public.
(v)
Falsify claims and statements regarding paid leave of
absence eligibility and qualifications.
(w)
Intentionally fail or refuse to perform a known mandatory,
nondiscretionary, ministerial duty of his or her office or employment for
the Town of Fulton within the time or in the manner required by law.
(x)
In his or her capacity as an officer or employee of the
Town of Fulton, do an act which he or she knows is in excess of his or her
lawful authority or which he or she knows he or she is forbidden by law to
do in his or her official capacity.
(y)
Whether by act of commission or omission, in his or her
capacity as such Town of Fulton officer or Town of Fulton employee, exercise
a discretionary power in a manner inconsistent with the duties of his or her
office or employment or the rights of others and with intent to obtain a dishonest
advantage for himself or herself or another.
(z)
In his capacity as such Town of Fulton officer or Town
of Fulton employee, make an entry in an account or record book or return,
certificate, report or statement which in a material respect he or she intentionally
falsifies.
(aa)
Under color of his or her Town of Fulton office or Town
of Fulton employment, intentionally solicit or accept for the performance
of any service or duty anything of value which he or she knows is greater
or less than is fixed by law.
(3)
The above-described conduct shall be considered misconduct
sufficient to require discipline by the Town Board of the Town of Fulton for
any Town of Fulton employee or Town of Fulton nonelected officer. The above-described
conduct is intended to be illustrative only and is noninclusive. Any other
conduct similar to the above-described conduct shall also be grounds for discipline.
Discipline may include, at the discretion of the Town Board of the Town of
Fulton, suspension of employment with the Town of Fulton, termination of employment
with the Town of Fulton or removal from the office in the Town of Fulton in
the case of any nonelected appointed officer.
B.
Nondiscrimination. The Town of Fulton, its officers and
its employees shall not act in any discriminatory manner as noted in §§ 111.321
and 111.322, Wis. Stats., in establishing, maintaining and enforcing terms
and conditions of employment for Town of Fulton employees or nonelected Town
of Fulton officers, including the establishment and enforcement of any work
rules established by the Town Board of the Town of Fulton or its designees.
A.
General policy. The Town Board of the Town of Fulton
has, pursuant to §§ 60.22, 60.321, and 60.37, Wis. Stats.,
and by this chapter, provided for salary or wages of elected and nonelected
Town of Fulton officers, except the Town Board Supervisors, and Town of Fulton
employees and for reimbursement of expenses incurred by any elected and nonelected
Town of Fulton officers and Town of Fulton employees. The Town Board of the
Town of Fulton has, by this chapter, determined the salary and wage schedule,
except for the Town Board of Supervisors, and has determined who is eligible
for expense reimbursement, the expenses that are reimbursable and the amount
for reimbursement.
(2)
The Town of Fulton (except for offices combined) shall
not compensate a Town officer of the Town of Fulton for acting in more than
one official capacity or office in the Town of Fulton at the same time.
(3)
An elected official of the Town of Fulton who by virtue
of his or her office is entitled to participate in the establishment of the
salary attending his or her office shall not during the term of such office
collect a salary in excess of the salary provided at the time of his or her
taking office.
B.
Wage and salary approval. The Town of Fulton Town Meeting
has, by resolution, and the Town Board of the Town of Fulton has, by this
chapter, confirmed that the Town Meeting delegated to the Town Board of the
Town of Fulton the authority to establish compensation for elective officials.
C.
Reimbursement of costs and expenses.
(1)
The Town Board of the Town of Fulton does determine,
pursuant to § 60.321, Wis. Stats., and pursuant to this chapter,
that all reimbursement for costs and expenses appropriately and-necessarily
incurred in the performance of the duties of any elective official of the
Town of Fulton shall be approved or disapproved by the Town Board of the Town
of Fulton at its regularly scheduled meetings. Any employee or officer of
the Town of Fulton seeking reimbursement for costs and expenses incurred in
the performance of his or her duties shall submit a written statement of the
expenses incurred and the amount incurred to the Town Clerk of the Town of
Fulton prior to the regular meeting of the Town Board of the Town of Fulton.
(2)
The Town Board of the Town of Fulton shall approve in
total or in part or disapprove the costs and expense reimbursement requested
by the employee or officer at the regular scheduled meeting of the Town Board
of the Town of Fulton. The Town Board of the Town of Fulton shall approve
or disapprove the request for reimbursement for costs and expenses based on
whether the costs and expenses incurred were reasonably incurred by the employee
or officer of the Town of Fulton in performance of official duties for the
Town of Fulton and that the amounts sought for reimbursement were reasonable
in amount.
D.
Compensation. Part-time elected Town of Fulton officials
have no established expected hours of work. They are expected to be in attendance
at all regular and special meetings of the Town Board of the Town of Fulton
and any Annual and Special Town Meeting. The salary and benefits, if any,
shall be established by the Town Meeting as required by law.
E.
Overtime. The Town Board of the Town of Fulton shall
establish, except for members of the Town Board of the Town of Fulton, an
overtime policy for Town of Fulton employees and Town of Fulton officials
receiving an hourly wage, per diem or salary. This policy shall provide, at
minimum, that wages will be paid time and 1/2 for any time worked over 40
hours per week.
The Town Board of the Town of Fulton shall establish and approve the
holiday and vacation schedule for the Town of Fulton. Vacation should be taken
in units in which the days shall be at least two days. Vacation must be approved
by the Town Board at least 10 days in advance of the person commencing his
or her vacation.
A.
General policy. The Town Board of the Town of Fulton
shall establish and maintain a policy to create and maintain health and safety
protections for Town employees and officers.
B.
Public health and safety standards. The Town of Fulton
shall comply with the standards and regulations adopted by the State of Wisconsin
Department of Commerce pursuant to § 101.055, Wis. Stats., related
to protections for the safety and health of Town of Fulton employees and Town
of Fulton officers.
C.
Inspections. The Town of Fulton shall comply with the
inspection powers and rights provided to the State of Wisconsin Department
of Commerce under § 101.055, Wis. Stats., to inspect a Town of Fulton
place of employment for the Town of Fulton. The Town of Fulton may not refuse
a representative of the State of Wisconsin Department of Commerce to inspect
a place of employment. If the Town of Fulton, its officers, employees or agents
attempts to prevent a representative of the State of Wisconsin Department
of Commerce from conducting an inspection, then the representative from the
State of Wisconsin Department of Commerce may obtain a warrant under § 66.0119,
Wis. Stats.
D.
Enforcement by order. If the Town of Fulton has violated
any safety and health standard or variance or condition which poses a recognized
hazard likely to cause death or severe physical harm to a Town of Fulton employee
or Town of Fulton officer, the State of Wisconsin Department of Commerce will
issue an order to the Town of Fulton. The Town Chair of the Town of Fulton
will receive the order. The order will be posted at or near the site by the
Town Chair of the Town of Fulton or his or her designee. The Town of Fulton
shall ensure that the order is not altered, defaced or covered by other materials.
The Town of Fulton or any employee affected by this order or decision by the
State of Wisconsin Department of Commerce has the right to appeal pursuant
to § 101.055, Wis. Stats. The State of Wisconsin Department of Commerce
may also seek injunctive relief or mandamus relief to negate or attempt to
negate a hazard reasonably expected to cause death or severe physical harm.
E.
Recordkeeping and notification obligations.
(1)
The Town of Fulton shall, by the Town Clerk of the Town
of Fulton, maintain records of Town of Fulton employees and Town of Fulton
officers of work-related injuries and illnesses and shall make reports of
these injuries and illnesses to the State of Wisconsin Department of Commerce.
These reports shall also be filed with the Town Board of the Town of Fulton.
(2)
The Town of Fulton shall maintain records of any exposures
by Town of Fulton employees and Town of Fulton officers to toxic materials
and harmful physical agents which are materials and agents required by standards
adopted by the State of Wisconsin Department of Commerce for monitoring and
measuring. The Town Board of the Town of Fulton shall be provided any information
regarding any monitoring or measuring of these toxic materials and harmful
physical agents.
(3)
The Town of Fulton, by the Town Clerk of the Town of
Fulton, shall promptly notify a Town of Fulton employee or Town of Fulton
officer who has been or is being exposed to any toxic material or harmful
physical agent at a level which exceeds that prescribed by the safety and
health standards of the State of Wisconsin Department of Commerce. The Town
of Fulton employee or Town of Fulton officer shall be informed by the Town
Clerk of the Town of Fulton of any corrective action being taken by the Town
of Fulton. The Town Board of the Town of Fulton shall be fully informed by
the Town Clerk of the Town of Fulton regarding the exposure and the corrective
action options to be taken by the Town of Fulton.
(4)
The Town of Fulton, by the Town Clerk of the Town of
Fulton, shall notify all of the Town of Fulton employees and Town of Fulton
officers of their protection and rights by posting a summary of protections
and rights in the place of employment where notices are usually posted.
F.
Antidiscrimination and whistle blowing.
(1)
The Town of Fulton shall not discharge or discriminate
against any Town of Fulton employee or Town of Fulton officer because he or
she:
(a)
Filed a request with the State of Wisconsin Department
of Commerce.
(b)
Instituted or caused to be instituted any action or proceeding
relating to occupational safety and health matters under § 101.055,
Wis. Stats.
(c)
Testified or will testify in such a proceeding.
(d)
Reasonably refused to perform a task which represented
a danger of severe injury or death.
(e)
Exercised any other right related to occupational safety
and health which is afforded by § 101.055, Wis. Stats.
(2)
The Town Board of the Town of Fulton shall be, by the
Town Clerk/Treasure of the Town of Fulton, apprised of any claim of discrimination
under § 101.055, Wis. Stats. The Town Board of the Town of Fulton
shall, by the Town Clerk/Treasurer of the Town of Fulton, be apprised of any
Town of Fulton employee or Town of Fulton officer who reasonably or unreasonably
refuses to perform a task for which he or she claims a danger of severe injury
or death. Whenever any Town of Fulton employee or Town of Fulton officer believes
discrimination or discharge occurred to him or her pursuant to § 101.055,
Wis. Stats., he or she shall notify the Town Clerk/Treasurer of the Town of
Fulton of the alleged discrimination or discharge. This notice to the Town
Clerk/Treasurer of the Town of Fulton shall be deemed the knowledge of the
alleged discrimination or discharge.
G.
Safe place. The Town of Fulton shall reasonably comply
fully with § 101.11, Wis. Stats., relating to the employer's duty
to furnish a safe employment and a safe place to work. Town of Fulton employees
and Town of Fulton officers who believe a Town of Fulton building or Town
of Fulton facility is unsafe or in need of repair shall notice the Town Clerk/Treasurer
of the Town of Fulton of such condition. Town of Fulton employees and Town
of Fulton officers who believe certain safety devices and safeguards must
be obtained or maintained to provide a safe place for working conditions or
who believe that certain work methods and work processes should be changed
to provide a safer place for working conditions shall immediately notice the
Town Clerk/Treasurer of the Town of Fulton.
(1)
Safety devices. No Town of Fulton employee or Town of
Fulton officer shall remove, damage, destroy or carry off any safety device
or safeguard furnished or provided for use by the Town of Fulton in any employment
or place of employment, nor shall any Town of Fulton employee or Town of Fulton
officer interfere in any way in the use thereof by any other person.
(2)
Methods. No Town of Fulton employee or Town of Fulton
official shall interfere with the use of any method or process adopted for
the protection of any Town of Fulton employee or Town of Fulton officer in
employment or in a Town of Fulton place of employment or adopted to protect
any frequenter of the Town of Fulton place of employment.
(3)
Other actions. No Town of Fulton employee or Town of
Fulton official shall fail or neglect to do everything reasonably necessary
to protect the life, health, safety or welfare of any other Town of Fulton
employee or Town of Fulton officer or any frequenters to any Town of Fulton
place of employment.
H.
Notice of toxic materials, infectious agents or pesticides
in the workplace.
(1)
General notice. The Town of Fulton, by the Town Clerk/Treasurer
of the Town of Fulton, shall post in every workplace at the location where
notices to the Town of Fulton employees or Town of Fulton officers are usually
posted a sign which informs the Town of Fulton employees and Town of Fulton
officers that the Town of Fulton is required, upon request, to provide to
them or their representative the following:
(a)
The identity of any toxic substance or infectious agent
which the Town of Fulton employee or Town of Fulton officer is likely to be
exposed to.
(b)
A description of any hazardous effect of the toxic substance
or infectious agent.
(c)
Information regarding precautions to be taken when handling
the toxic substance or infectious agent.
(d)
Information regarding procedures for emergency treatment
in the event of overexposure to the toxic substance of infectious agent.
(e)
Access to the information contained on the label of any
pesticide with which the Town of Fulton employee or Town of Fulton officer
works or to which the Town of Fulton employee or Town of Fulton officer is
likely to be exposed.
(2)
Pesticide use notice. The Town of Fulton shall, for pesticide
use, post, by the Town Clerk/Treasurer of the Town of Fulton, signs in the
prominent places in the workplaces which inform Town of Fulton employees and
Town of Fulton officers that the Town of Fulton shall provide access to information
contained on the label of any pesticide with which the Town of Fulton employee
or Town of Fulton officer works or to which the Town of Fulton employee or
Town of Fulton officer is likely to be exposed.
A.
The personnel policy and program of the Town of Fulton
shall be developed, implemented and administered with the goal to limit and
negate unexcused absenteeism.
B.
All Town of Fulton employees and full-time nonelected
Town of Fulton officers are expected to report to work on a regular and prompt
basis at the times and dates established by the Town Board of the Town of
Fulton or its designee for the employee or officer. If any nonelected employee
or full-time nonelected officer must be absent, that employee or officer must
notify his or her supervisor or the Town Clerk/Treasurer at least 12 hours
in advance of the time the employee is to report for work.
As used in this chapter, the following terms shall have the meaning
indicated:
An act that serves to induce or influence corruptly a given line
of conduct of a public official or public employee.
Inefficiency, neglect of duty, official misconduct or malfeasance
in office.
The dismissal of an employee from employment with or without cause
or with or without just cause.
Any action taken by an employer with respect to an employee which
has the effect in whole or in part of being a penalty, including but not limited
to reduction in pay, reprimand, suspension, dismissal, demotion, transfer,
denial of education, denial of training benefits or involuntary reassignment.
To segregate, separate, exclude or treat any person or class of persons
unequally because of sex, race, color, handicap, sexual orientation as defined
in § 111.32(13m), Wis. Stats., religion, national origin, sex or
marital status of the person maintaining a household, lawful source of income,
age or ancestry. It is intended that the factors set forth herein shall be
the sole basis for prohibiting discrimination.
A crime punishable by imprisonment in the Wisconsin state prison
system.
Any person, other than an officer or employee of the Town of Fulton,
who may go in or be in a place of employment or public building under circumstances
which render such person other than a trespasser. Such term includes a pupil
or student when enrolled in or receiving instruction at an educational institution.
The days designated by law and the Town of Fulton Board as exempt
from judicial proceedings, service of process or demand and protest of commercial
papers.
A bacterial, mycoplasmal, fungal, parasitic or viral agent identified
by the Department of Natural Resources by rule as causing illness in humans
or human fetuses, or both, which is introduced by an employer to be used,
studied or produced in the workplace. "Infectious agent" does not include
such an agent in or on the body of a person who is present in the workplace
for diagnosis or treatment.
Cause sufficient at law to accomplish or to allow an act.
A writ issued from a court which commands an officer or official
to perform a duty the law requires.
Includes, but is not limited to, any of the following acts:
Willful violation of a rule of any established code of ethics.
Willful or persistent failure to perform official duties.
Habitual intemperance, due to consumption of intoxicating beverages
or use of dangerous drugs, which interferes with the proper performance of
duties.
Conviction of a felony.
The time expended by a person at a job beyond the regular fixed working
hours. For purposes of overtime compensation, "overtime" is the time expended
by a person beyond the normal work schedule established by the Town Board
of the Town of Fulton for that person and where the work schedule and the
overtime payment schedule are in compliance with the Federal Fair Labor Standards
Act.
In Latin "per day." In connection with compensation, "per diem" means
pay for a day's service or a day's work.
Any substance or mixture of substances labeled or designed or intended
for use in preventing, destroying, repelling or mitigating any pest or as
a plant regulator, defoliant or desiccant.
Includes every place, whether indoors or out or underground, and
the premises appurtenant thereto where either temporarily or permanently any
industry, trade or business is carried on, or where any process or operation
directly or indirectly related to any industry, trade or business is carried
on, and where any person is, directly or indirectly, employed by another for
direct or indirect gain or profit, but does not include any place where persons
are employed in private domestic service which does not involve the use of
mechanical power or in farming. "Farming" includes those activities specified
in § 102.04(3), Wis. Stats., and also includes the transportation
of farm products, supplies or equipment directly to the farm by the operator
indirectly for the purpose of producing commodities for market, or as an accessory
to such production. When used with relation to building codes, "place of employment"
does not include a previously constructed building used as a community-based
residential facility, as defined in § 50.01(1g), Wis. Stats., which
serves 20 or fewer unrelated residents, except for purposes of § 101.11,
Wis. Stats.
A public warning to an employee, licensee, permittee or certificate
holder regarding unacceptable conduct or behavior.
Unwelcome sexual advances, unwelcome physical contact of a sexual
nature or unwelcome verbal or physical conduct of a sexual nature. "Unwelcome
verbal or physical contact or a sexual nature" includes but is not limit to
the deliberate, repeated making of unsolicited gestures or comments, or the
deliberate, repeated display of offensive sexually graphic materials which
is not necessary for business purposes.
Any substance, other than a radioactive substance, which has the
capacity to produce personal injury or illness to persons through ingestion,
inhalation or absorption through any body surface.
Any substance or mixture containing a substance regulated by the
Federal Occupational Safety and Health Administration under Title 29 of the
Code of Federal Regulations, Part 1910, Subpart Z, which is introduced by
an employer to be used, studied or produced in the workplace.
