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.
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.
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]
It shall be the duty of the Civil Service Commission to:
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.
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.
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.
Make an annual report to the Village Manager and the Village Board concerning its activities.
Consider such other matters as may be referred to it by the Village Manager.
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.
The Village Manager, or his designee, shall perform duties of a personnel technician as follows:
The following positions shall constitute the unclassified service of the Village and shall be exempt from the provisions of this article:
Members of the Village Board.
All members of any board, committee or commission appointed by the President or the Village Board.
The Village Manager and Village Attorney.
The Municipal Judge and the Court Clerk.
Seasonal employees and traffic crossing guards.
Temporary, part-time and emergency employees appointed by the Village Manager or by the department heads under the provisions of this article.
Such other employees as may be under special contract with the Village.
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]
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:
Preparation and administration of position classification plans as hereinafter required.
Applications for employment.
Preparation, conduct and scoring of examinations.
Preparation and maintenance of employment, reemployment and promotion lists.
Certifications and probationary appointments.
Transfers, promotions and demotions.
Termination of employment.
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.
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.
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.
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.
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.
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.
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.
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.
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.