A.
There shall be a Civil Service Commission composed of
five members who shall be Village residents and who shall be appointed by
the Village President with the approval of the Village Board. Members shall
serve terms of three years each. Any vacancy on the Commission shall be filled
for the unexpired term. No member of the Commission shall hold any other Shorewood
public office or Shorewood public employment except that of notary public.
Members shall serve until successors are appointed. Members shall serve without
compensation.[1]
B.
The Village President may remove a Commissioner with the approval
of the Village Board during his term of office, but only upon stating in writing
the reason for removal and after allowing him an opportunity to be heard before
the Village Board in his own defense.
C.
The Commission shall elect its Chairman and Secretary
annually from its members. It shall keep a public record of its resolutions,
findings and determinations. Three members of the Commission shall constitute
a quorum for the transaction of business.
[Amended 2-1-1988 by Ord. No. 1519]
D.
It shall be the duty of the Civil Service Commission to:
(1)
Review and recommend the rules formulated by the Village
Manager to govern the administration of the personnel program of the Village
and to advise the Village Manager with reference thereto.
(2)
Study the broad problems of personnel policy and administration
and, on the basis of such study, advise the Village Board regarding the general
policies of the Village.
(3)
Sit as a body to hear appeals of any person in the classified
service relative to any situation having a bearing on his employment status
or condition of employment under the provisions of this article and to make
such report to the Village Manager of findings and determinations upon such
appeals as it deems advisable and as are consistent with the provisions of
this article.
(4)
Make an annual report to the Village Manager and the
Village Board concerning its activities.
(5)
Consider such other matters as may be referred to it
by the Village Manager.
A.
It shall be the duty of the Village Manager, in collaboration
with the Civil Service Commission, to prepare or to cause to be prepared the
personnel rules of the Village. The Village Manager shall administer the provisions
of this article, the personnel rules adopted by the Civil Service Commission
and approved by the Village Board, and all related procedures. He shall maintain
proper records of examinations, appointments, removals, and all other events
in the service of each employee in the classified service.
B.
The Village Manager, or his designee, shall perform duties of
a personnel technician as follows:
A.
The following positions shall constitute the unclassified
service of the Village and shall be exempt from the provisions of this article:
(1)
Members of the Village Board.
(2)
All members of any board, committee or commission appointed
by the President or the Village Board.
(3)
The Village Manager and Village Attorney.
(4)
The Municipal Judge and the Court Clerk.
(5)
Seasonal employees and traffic crossing guards.
(6)
Temporary, part-time and emergency employees appointed
by the Village Manager or by the department heads under the provisions of
this article.
(7)
Such other employees as may be under special contract
with the Village.
(8)
All members of the Police Department under the jurisdiction
of the Village Board and the Police Commission.
[Amended 9-18-1995 by Ord. No. 1717]
B.
The classified service shall include all other permanent
positions now existing or permanent positions hereafter created, and the provisions
of this article shall apply thereto.
The Village Manager shall prepare, or cause to be prepared and revised
as needed, rules covering all phases of the personnel program of the Village,
which rules shall be submitted to the Civil Service Commission for review
and recommendation to the Village Board, which shall, after such modification
as it deems desirable, adopt the rules, which, thereafter, shall have the
force of law. The rules shall be so prepared that all decisions on personnel
matters shall be made solely on the basis of merit and fitness of the individual.
The various practices and procedures established thereunder which are to govern
these decisions shall incorporate established professional standards and techniques
which will serve to further that end. The rules shall cover, among other things:
A.
Preparation and administration of position classification
plans as hereinafter required.
B.
Applications for employment.
C.
Preparation, conduct and scoring of examinations.
D.
Preparation and maintenance of employment, reemployment
and promotion lists.
E.
Certifications and probationary appointments.
F.
Transfers, promotions and demotions.
G.
Working conditions.
H.
Service ratings.
I.
Discipline.
J.
Termination of employment.
K.
Personnel records.
A.
The Village Manager shall prepare, or cause to be prepared
and revised as needed, classification of positions based on the duties and
responsibilities of all positions in the classified service of the Village,
which classification shall be submitted to the Civil Service Commission for
review and hearing thereon. After such hearings, the Commission shall transmit
the position classification to the Village Board with such recommendations
as it sees fit. After such modifications as it deems necessary, the Village
Board shall approve the position classification, after which it shall be fully
effective.
B.
The position classification shall include titles and
written specifications for the various classes of positions. Each class shall
include all positions in the 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 said classifications shall be used in all personnel, budget
and financial records and communications.
The Village Manager shall cause to be prepared and revised, as needed,
an equitable salary plan, and the plan shall become effective upon approval
of the Village Board. Said plan shall be revised whenever changing conditions
require it by the Village Manager and shall be submitted to the Village Board
for approval. The details of administering the pay plan shall be outlined
in the personnel rules.
A.
The Village Manager or his designee may, at his discretion
and in the best interests of the service, conduct interviews and/or 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 said
applicant for any reason fails to meet the qualifications established for
the position for which he applies or if he fails in any way to comply with
the personnel rules.
B.
All examinations 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 article, the classification plan, and the rules promulgated by the
Village Manager. All examinations shall be so designed as to determine fairly
the capacity of the persons examined to perform the duties of the position
to be filled. No questions in any examination shall relate to religious or
political opinions or affiliations.
C.
To assist him in his duties, the Village Manager or his
designee shall have the right, whenever deemed necessary, to appoint examining
committees which are experienced in the particular field or line of work for
which the applicants for positions are being examined.
D.
The Civil Service Commission may review any actions taken
or any examinations conducted and any scorings or ratings made, and if after
such review it disagrees with the conclusions reached, the existing differences
shall be submitted to an arbitration committee, to consist of three members,
one to be appointed by the Civil Service Commission, one by the Village Manager,
and the third to be selected jointly by the Civil Service Commission and the
Village Manager. The decision of the arbitration committee shall be final
and binding upon all parties concerned.
After each examination, the Civil Service Commission shall prepare an
eligibility list of those candidates who have secured a passing grade as established
for that examination, arranged in order of the rating received. The duration
of such list of eligible candidates and the conditions under which names may
be stricken therefrom shall be fixed by the Commission.
As far as practicable and feasible, vacancies in the classified service
shall be filled by the promotion of persons holding positions in a lower class.
Promotional examinations shall be open only to persons in the classified service
who meet the requirements established in the classified plan. Promotional
lists shall be established for all persons receiving a passing grade as a
result of such examination, in the same manner as employment lists are prepared,
and shall be continued for a period to be fixed by the personnel rules.
Whenever an appointing authority desires to fill a vacancy in any position
in the classified service, the Civil Service Commission shall certify to him
three names as provided in the personnel rules, and the appointing authority
shall make a probationary appointment; provided, however, that the Civil Service
Commission, after interview and examination of credentials, may certify one
name to the appointing authority for appointment on a probationary basis,
without need of further examination, when it determines that, because of Village
requirements and an immediate need to fill a vacancy, such appointment is
in the best interests of the Village.
Under conditions defined and outlined in the personnel rules, the Village
Manager may make temporary or part-time appointments, and a department head
may make emergency appointments.
All original and promotional appointments and reemployments shall be
made for a probationary period, the length of which for a given class of work
shall be determined by the Civil Service Commission upon recommendation by
the Village Manager, but in no case shall be less than six months. After termination
of the probationary period, the employee does not attain permanent status
in the classified service until the appointing authority has first filed with
the Village Manager a statement in writing that the services of the employee
during the probationary period either have or have not been satisfactory and
that he is to be either continued or discontinued in the service. This probationary
period shall be deemed to be a part of the examining process for determining
the qualifications of candidates. During such period, the appointing authority
may discharge such probationer without any reason being given therefor, whereupon
such fact shall be reported to the Civil Service Commission so that it may
complete its records, provided that, upon dismissal during or at the termination
of a probationary period upon 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,
and provided further that the Village Manager may place the name of any employee
so laid off during the probationary period on the eligible list from which
he was certified.
An appointing authority may, with the consent of the Manager, at any
time suspend without right of appeal any person in the classified service
for disciplinary reasons, not exceeding 30 calendar days in any twelve-month
period.
An appointing authority may, with the consent of the Manager, at any
time dismiss or demote any employee of the classified service for reasonable
cause. Upon dismissal, or demotion, the appointing authority shall give the
employee a written statement of the specific reasons for his dismissal or
demotion at least five days prior to the effective date of such action and
shall immediately file a copy thereof with the Civil Service Commission.
The Village Manager may lay off an employee in the classified service
when he deems it necessary by reason of shortage of work or funds, the abolition
of the position, or other material change in the duties or organization, or
for other related reasons which are outside the employee's control and which
do not reflect discredit upon the service of the employee. The order of layoff,
the notice of layoff and related administrative procedures shall be described
in detail in the personnel rules.
Any regular employee who is dismissed or demoted may appeal in writing
to the Civil Service Commission within 15 days after the effective date thereof.
Upon receiving such notice of appeal, the Commission shall set the date for
appeal not later than 10 days from the date of receipt of notice of appeal.
Both the complainant and employee may compel the attendance of witnesses by
subpoenas which shall be issued by the Chairman of the Commission on request,
and the hearing shall be public if the employee so requests. The findings
and determinations of the Commission shall be in writing and shall, in any
case, be final.
There shall be provided in the personnel rules procedures for the handling
of complaints and grievances other than those relating to dismissals.
A.
In cooperation with the department heads and the Civil
Service Commission, the Village Manager may establish a system of service
ratings based on standards of performance. These service ratings are to be
used as a factor in determining order of layoffs, promotions, transfers, demotions
or dismissals of employees.
B.
It shall be the responsibility of the Village Manager,
in cooperation with his department heads, to establish employee training programs
and to encourage the attendance of employees in training activities both within
or without the Village Government.
C.
It shall be the responsibility of the Village Manager
to promote satisfactory and healthy working conditions that are conducive
to high morale, greater efficiency and a low rate of turnover in the service.
Rules governing political activity shall be in accordance with the provisions
of the personnel rules.
No person shall deceive or obstruct any person in respect to his or
her rights under the provisions of this article or shall falsely mark, grade,
estimate or report upon any test or standing of any person 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 or official authority
to secure any appointment or prospect of appointment to any position classified
under this article 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 article. Any employee violating this section
shall forfeit any rights of employment he may have under this article or in
the classified service of the Village.
Retirement of Village employees shall be governed by the provisions
of Ch. 40, Wis. Stats., and other applicable state and federal laws and regulations.
