Title
An Ordinance to repeal Subchapter II of Chapter II of the City of West Allis Revised Municipal Code (Department of Administration & Finance) and recreate Subchapter II of Chapter II of the City of West Allis Revised Municipal Code (Administrative and Financial Support Departments/ Services).
Body
The Common Council of the City of West Allis do ordain as follows:
PART I. Subchapter II of Chapter II of the City of West Allis Revised Municipal Code is hereby repealed.
PART II. Subchapter II of Chapter II of the City of West Allis Revised Municipal Code is hereby recreated as follows:
SUBCHAPTER II
ADMINISTRATIVE AND FINANCIAL SUPPORT SERVICES
2.58. Purpose.
The purpose of this subchapter is to provide City administrative and financial support services and the efficient and economical administration of the City business to assure, to the greatest extent possible, the efficient and effective implementation of City policies and programs through the coordination and consolidation of such support services needed by more than one City Department and to eliminate costly duplication and overlapping of effort in City government.
2.59. Organization.
The administrative and financial support services shall be under the direction of the City Administrator, as specified in RMC Section 2.095.
2.60. Definitions.
In this subchapter:
(1) "Administrator" means the City Administrator.
(2) "Director" means the Director of the respective Department specified.
(3) "Departments" means offices, Departments, and other agencies of City government.
2.61 (Reserved) [Ord. O-2014-XXXX, 5/XX/14, (repeal)]
CITY GOVERNMENT
2.62. Finance Department.
The Finance Department shall discharge all duties in connection with auditing, accounting, finance, treasury, and purchasing functions for the City.
2.63. Finance Director.
(1) Appointment. The Finance Director shall be appointed by the Common Council as recommended by the City Administrator in the unclassified service of the City in accordance with Policy No. 404 (Recruitment, Selection, Appointment, and Confirmation for City Officials and Department Heads). The Finance Director shall be full time and serve at the pleasure of the Common Council as provided in sec. 17.12(1) of the Wisconsin Statutes.
(2) Duties and Responsibilities. The Finance Director shall:
(a) Direct and supervise the functions of the finance, treasury, and purchasing functions.
(b) Establish rules for the administration of the Department and perform the duties assigned to it.
(c) Have recommending authority with regard to all personnel appointed to the Department in accordance with Civil Service procedures.
(d) Perform the duties of City Comptroller and City Treasurer, prescribed in sec. 62.09(9), (10), and (11) of the Wisconsin Statutes.
2.64. Claims Procedure.
(1) The procedure for approval of financial claims against the City shall be governed by the alternative provisions of sec. 66.0609 of the Wisconsin Statutes.
(2) Payments may be made from the City Treasury after the City Comptroller shall have audited and approved each claim as a proper charge against the Treasury.
(3) The City Comptroller shall file, with the Common Council on a monthly basis, a list of the claims approved showing the date paid, name of claimant, the purpose and amount.
(4) The Common Council shall authorize an annual detail audit of its financial transactions and accounts by the Department of Revenue, pursuant to sec. 73.10 of the Wisconsin Statutes, or by a public accountant licensed under Chapter 442 of the Wisconsin Statutes.
2.65. Purchasing Office.
(1) Definitions. The following definitions shall apply to Sections 2.65 through 2.673.
(a) "Department" means any City office, Department, Board, Commission or other body under the control of the Common Council which is entitled to expend moneys appropriated by law.
(b) "Office" means the Purchasing Office of the Finance Department.
(c) "Professional (intellectual) services" means accounting services, engineering services, computer services, environmental services, design assistance, architectural services, appraisal services, real estate services, marketing services, insurance services, financial services, employee relation services, health care and all related or similar services.
(d) "Public construction contracts" means any construction, repair, remodeling, improvement of any public work, building or structure and includes the furnishing of equipment, materials and supplies in connection therewith.
(e) "Real estate" means all lands, together with improvements and fixtures thereon, and property of any nature appurtenant thereto or used in connection therewith, and every estate, interest, right and use, legal or equitable.
(f) "Services" means all services not provided by City personnel, including, but not limited to, construction, maintenance and repair, facilities management, utilities, insurance, professional (intellectual), independent contractors, travel services and the furnishing of equipment, materials and supplies in connection therewith.
(2) Authority to Act. Except as enumerated in Subsection (3) below, the Office shall purchase all necessary supplies, equipment, materials and services for the City and its Departments regardless of funding source and at the most favorable terms to the City.
(3) Separate Purchasing Authority. The Office shall not have purchasing authority for:
(a) Police and Fire Departments. Purchases shall be made in accordance with policies established by the Police & Fire Commission of the City.
(b) Library. Purchases of books and other circulation materials shall be made in accordance with policies established by the Library Board of the City and sec. 43.58 of the Wisconsin Statutes.
(c) Real Estate. All real estate transactions (purchase, sale or lease) shall be made in accordance with policies established by the City Attorney, pursuant to state statutes and local ordinances.
(d) Public Works. Public construction contracts over five thousand dollars ($5,000) shall be let in accordance with secs. 62.15 and 66.0901 of the Wisconsin Statutes, and Sec. 11.015 of the RMC.
(e) Deposits and Investments. Public Funds shall be deposited and invested in accordance with the policies established by the Common Council.
(f) Grants and Loans. Contractual obligations resulting from federal and state grant and loan programs shall be processed in accordance with Common Council policy directives.
(g) Personnel. Employment of City personnel shall be in accordance with the specific ordinances and policies of the City relating to the position or class of position involved.
The Office may, however, provide assistance in these matters to the extent such assistance may be requested by the responsible Department.
2.66. Purchasing Office Supervisor.
(1) Appointment. The Purchasing Office Supervisor shall be appointed by the Finance Director to the unclassified service of the City from a list of candidates certified by the Civil Service Commission, pursuant to the procedures and requirements for examinations in the classified service. The Purchasing Office Supervisor shall serve at the pleasure of the Director, as provided by sec. 17.12(1) of the Wisconsin Statutes.
(2) Duties and Responsibilities. The Purchasing Office Supervisor shall:
(a) Rules. Establish rules and regulations, subject to the approval of the Director and the Common Council, for performing the duties assigned to it.
2.67. Purchasing Procedures.
(1) Purchase Orders and Separate Written Contracts.
(a) Except as may be permitted by Office rule, purchases must be completed on a preprinted purchase order form or by separate written contract. All such order forms and contracts, with the exception of contracts for professional services, must be signed by the Purchasing Office Supervisor or designee. Professional services contracts shall be signed by the Department Head charged with the responsibility for administration of any such contract.
(b) All order forms and contracts shall be countersigned by the City Comptroller and approved as to form by the City Attorney. The Comptroller's signature certifies sufficient funds have been budgeted and are available for the purchase. A facsimile of the signatures of the City Comptroller and Attorney, adopted by such persons and approved by the Common Council, may be used in lieu of their personal signatures on preprinted order forms.
(2) Compliance With Laws. In addition to the requirements of this section, the Office shall comply with all applicable federal, state and local laws, statutes, ordinances, rules, regulations and policies.
(3) Payments. All payments for purchases shall be made in accordance with Sec. 2.65 of the RMC.
(4) Records. The Office shall keep a complete and detailed record of all purchases, including orders issued, quotations received, basis for award and any and all information required for audit purposes. All such records shall be open to public inspection and retained by the Office as required by law.
(5) Written Specifications. When appropriate, the Office shall prepare, in consultation with the appropriate agency, written standards and specifications for the purchase of equipment, material, supplies and services. All such standards and specifications shall permit competition whenever practicable.
(6) Amount of Purchase.
(a) Purchases Under $5,000. Purchases of equipment, materials, supplies and services under five thousand dollars ($5,000) shall be made pursuant to Office rules.
(b) Purchases Over $5,000 But Less Than $25,000. Purchases of equipment, materials, supplies and services that cost more than five thousand dollars ($5,000) but less than twenty-five thousand dollars ($25,000), shall be made by written, electronic or oral proposal, pursuant to Office rules. The award shall be made by the Office to the party who has submitted the lowest responsible and responsive proposal that is determined to be in the best interest of the City by the Office.
(c) Purchases $25,000 and over. Purchases of equipment, materials, supplies and services that cost twenty-five thousand dollars ($25,000) and over shall be made by written or electronic competitive bid or request for proposals. Requirements of the competitive process include:
1. Issuance of an invitation for bids or request for proposals with written standards and specifications and all contractual terms and conditions applicable to the purchase. All such invitations shall be approved as to form by the City Attorney.
2. Advertising a request for bids or proposals by publishing a Class I notice, pursuant to Chapter 985 of the Wisconsin Statutes.
3. A public, contemporaneous opening of bids or proposals at a predesignated time and place.
4. Unconditioned acceptance of a bid or proposals without alteration, conditions, exceptions or corrections.
5. The award shall be made by the Common Council to the party who submits a responsible and responsive bid or proposal that is determined to be in the best interest of the City by the Common Council. When an award is not made on the basis of the lowest bid or proposal submitted, a complete statement of reasons therefor shall be made a part of the bid or proposal file.
6. The Common Council may reject any and all bids or proposals submitted, waive technicalities and advertise for new bids, or otherwise proceed to make the purchase if, in its sole judgment, the best interests of the City will be served or otherwise promoted thereby.
7. The Office may require, in connection with any particular purchase, that the parties submitting a bid or proposal be pre-qualified.
8. The Office may obtain all necessary equipment, materials, supplies and services from inter-governmental entities, or in cooperation with such entities or upon the same terms or conditions in other existing governmental contracts.
(d) Separation of Bids. For purposes of this section, the dollar amount of any purchase shall be determined by the estimated price of the total purchase. Equipment, supplies, materials and services for any one purpose or project may be purchased separately or in units, as determined by the Office to be in the best interests of the City. However, such separation of purchases may not be made for the sole purpose of avoiding the public bid requirement, as set forth herein, and shall be approved by the Common Council.
(7) Exceptions to the Bid and Proposal Process: Purchases over $5,000. Those items inappropriate for bid or proposal selection due to the nature of the items, time restraint or other factors, including sole source procurements, may be purchased by other methods upon the recommendation of the Office and approval of the Administration & Finance Committee of the Common Council. The Office shall conduct negotiations, as appropriate, as to price, delivery and items. The Office shall maintain as a public record a written statement of reasons for the authorization to make any purchase under this section.
2.671. Delegation of Authority.
The Office may delegate authority to purchase and/or contract all necessary supplies, equipment, materials and services to any Department. Delegation cannot exceed five thousand dollars ($5,000) per purchase or contract. The Department must comply with all ordinances and Office rules and policies applicable to any such purchase. The Office may rescind any such delegation at any time.
2.672. Emergency Purchase.
In the event of an apparent emergency affecting the public health, safety or welfare or other urgent circumstances, the Mayor shall be empowered to authorize the Office or any Department Head to purchase, upon the open market, at the most favorable terms, equipment, material, supplies or services that are necessary because of the emergency or other urgent circumstances. A full report of such transaction, detailing the emergency or other urgent circumstances, shall be filed by the Office with the Common Council. Whenever the Common Council determines by majority vote at a regular or special meeting that an emergency or other urgent circumstances no longer exists, the powers created under this section shall no longer apply.
2.673. Disposal of Property.
(1) City-Owned Property. The Office shall be responsible for and have the authority to dispose of obsolete, unused or scrap equipment, materials and supplies of the City. Disposition of such items shall be by public auction or other public competitive process, unless otherwise authorized by the Common Council.
(2) Abandoned Property. The Office shall be responsible for and have the authority to dispose of abandoned property, except as provided in Section 4.23 of the RMC. All such property shall be disposed of by public auction or other public competitive process, unless otherwise authorized by the Common Council.
(3) Coordinate system requirements of more than one City Department to economically achieve multi-Department management needs.
2.70. Director of Information Technology/Communications.
(1) Appointment. The Director of Information Technology/Communications shall be appointed by the Common Council as recommended by the City Administrator under the unclassified service of the City in accordance with Policy No. 404 (Recruitment, Selection, Appointment, and Confirmation for City Officials and Department Heads). The Director of Information Technology/Communications shall be full time and serve at the pleasure of the Common Council, as provided in sec. 17.12(1) of the Wisconsin Statutes.
(2) Duties and Responsibilities. The Director of Information Technology/Communications shall:
(a) Direct and supervise the functions of the Information Technology/ Communications Department.
(b) Establish rules for the administration of the Department and perform the duties assigned to it.
(c) Have recommending authority with regard to all personnel appointed to the Department in accordance with Civil Service procedures.
2.71. Information Technology User Group.
(1) Composition. The Information Technology User Group shall consist of:
(a) The Director of Information Technology/Communications, who shall serve as Chair.
(b) All Departments and Divisions of the City.
(2) Staff. The Director of Information Technology/Communications shall provide staff support to the Group.
(3) Duties. The Group shall:
(a) Review and approve standards and guidelines for mainframe, networking, personal computing, training, and support for information, technology, and communications systems, short and long range projects, and personnel and equipment utilization prior to Departmental implementation.
(b) Review and make recommendations to the Common Council regarding all Departmental requests for the acquisition of hardware and software.
2.72. Office of Video Communications Services.
(1) Established. There is established the Office of Video Communications Services within the Information Technology/Communications Department.
(2) Power and Duties. The Office shall:
(a) Review the operation of all video and cable television systems within the City to insure compliance with applicable regulatory ordinances, rules and regulations.
(b) Provide technical and clerical assistance to the License & Health Committee of the Common Council, as may be required by such body in the exercise of its regulatory responsibilities over video and cable television operations.
(c) Develop and implement policy, standards, procedural guidelines and programs to insure the maximum use of governmental access channels.
(d) Assist City Departments, agencies and Commissions in planning, coordinating, and use of video and telecommunication activities.
2.73. Human Resources Department.
The Human Resources Department shall administer and carry out the purposes of Section 2.76 and such policies of the Common Council and Civil Service Commission to effectuate such ordinances and policies.
(1) To provide City Departments with competent personnel to furnish City services as fairly, efficiently and effectively as possible.
(2) To maintain a system of personnel management to fill positions in the classified service through methods which apply the merit principle with adequate Civil Service safeguards.
(3) To insure equal employment opportunity in all personnel actions, including hire, tenure or term and conditions or privilege of employment based on ability to perform the duties and responsibilities assigned to the particular position without regard to age, race, creed or religion, color, handicap, sex, national origin and national ancestry or political affiliation.
2.74 (Reserved).
2.75. Human Resources Director.
(1) Appointment. The Human Resources Director shall be appointed by the Common Council as recommended by the City Administrator under the unclassified service of the City in accordance with Policy No. 404 (Recruitment, Selection, Appointment, and Confirmation for City Officials and Department Heads). The Human Resources Director shall be full time and serve at the pleasure of the Common Council as provided in sec. 17.12(1) of the Wisconsin Statutes.
(2) Duties and Responsibilities.
(a) The Human Resources Director shall direct and supervise the functions of the Human Resources Department.
(b) The Human Resources Director shall establish rules for the effective administration of the Department. Where such rules impact the operation of the Civil Service Commission, such rules shall first be approved by the Civil Service Commission.
(c) The Human Resources Director shall be recommending authority with regard to all personnel appointed to the Department in accordance with Civil Service procedures.
(d) The Human Resources Director shall provide administrative assistance to the Civil Service Commission.
(e) The Human Resources Director shall serve as the City's Affirmative Action Officer.
2.76. Civil Service, Wages, Hours and Conditions of Employment.
(1) Civil Service Commission Appointment.
(a) The Civil Service Commission shall consist of five (5) members, all of whom shall be legal residents of the City. No person holding any elective or appointed public position or office of any sort in said City government shall be appointed thereon.
(b) The Mayor shall, subject to confirmation of the Common Council, between the 15th day of April and the first day of May of each year immediately preceding the expiration of the term of office of any such Commissioner, appoint one (1) member of the Commission to hold office for a term of five (5) years from the first day of May next succeeding his appointment and until his successor is appointed and qualifies.
(c) Any vacancy in the office of Commissioner during the term shall be filled for the unexpired term by appointment by the Mayor, subject to the confirmation of the Council.
(d) Every member of the Commission shall take and file the official oath.
(2) Civil Service Commission Organization and Officers.
(a) The Commissioners shall appoint one of their number Chairperson and another Secretary.
(b) The Commission shall keep, supervise and preserve the records of all examinations, hearings, minutes and other records of its own proceedings.
(3) Civil Service Commission Rules and Regulations. The Commissioners shall prepare and adopt such rules and regulations to carry out the provisions of this section as, in their judgment, shall be necessary to secure the best service for the City and each department affected thereby, and shall expedite the elimination of all unnecessary formalities in making appointments.
(4) Classification of Employees. All offices and positions in the public service shall be divided into two (2) classes, namely, the classified and the unclassified services.
(a) Unclassified Service. The unclassified service shall be organized and consist of the following:
1. All elected officials.
2. All members of boards and commissions.
3. All employees not under regular tenure [e.g., probationary, provisional, temporary, special, part-time less than 0.5 budgeted FTE (full-time equivalent)].
4. All employees of the Police and Fire Departments.
5. The Executive and Managerial and Deputy Services. NOTE: Although civilian employees of the Police and Fire Departments and Managerial and Deputy Service employees are in the Unclassified Service, they have access to the grievance procedure.
a. The Executive Service: Those individuals who have direct authority and responsibility over one (1) or more major functional and/or operational areas of City government and who, as a result of this authority and responsibility, can commit and allocate resources within the limits of the approved budgets. These individuals participate in the formulation, determination and implementation of management policy and have discretion to allocate and use resources in the administration of their functions. These individuals are department heads and officers of the City. Those positions within the Executive Service and their respective appointing authorities are:
Position : Appointing Authority
1. City Administrator : Mayoral appointment/Common Council approval
2. Director of Public Works : Mayoral appointment/Common Council approval
3. City Engineer : Mayoral appointment/Common Council approval
4. Police Chief : Board of Police and Fire Commissioners
5. Fire Chief : Board of Police and Fire Commissioners
6. Health Commissioner/City Sealer : Mayoral appointment/Common Council approval
7. Library Director : Library Board
8. Director of Building Inspections and Neighborhood Services : Mayoral appointment/Common Council approval
9. Director of Development : Mayoral appointment/Common Council approval
10. City Clerk : City Administrator appointment/Common Council approval
11. Finance Director/City Comptroller/City Treasurer : City Administrator appointment/Common Council approval
12. City Assessor : City Administrator appointment/Common Council approval
13. Human Resources Director : City Administrator appointment/Common Council approval
14. Director of Information Technology/Communications : City Administrator appointment/Common Council approval
Vacancies in the Executive Service, except for the Chief of Police, Fire Chief and Library Director,* shall be governed by Section 17.23 of the Wisconsin Statutes. An individual in this service, except for the Chief of Police, Fire Chief and Library Director,* may, in writing, filed in the office of the Clerk, appoint an acting department head, who shall, in his or her absence or disability, perform his or her duties. An acting department head shall be appointed from the unclassified service of the City and shall have all powers and duties of the department head, except the appointment of permanent division heads.
*NOTE: Appointments to and/or by Executive Service positions in the Police and Fire Departments are governed by Section 62.13 of the Wisconsin Statutes, and the Rules of the Board of Police and Fire Commissioners. Appointments to and/or by the Executive Service position in the Library are governed by Section 43.58 of the Wisconsin Statutes.
In the event a position in the Executive Service becomes vacant, the Mayor or City Administrator, respectively, may appoint an acting department head, pending a permanent appointment to that position by the appointing authority. The appointment of an acting department head shall be made from the unclassified service of the City. An acting department head shall have all powers and duties of the department head, except the appointment of permanent division heads. An acting department head shall enter upon the duties of his or her position immediately upon qualification and shall hold the position until the permanent department head is appointed and qualifies, unless removed in accordance with law.
b. The Managerial Service: those individuals who have delegated authority and responsibility over one (1) functional and/or operational area of City government and who, as a result of this delegated authority and responsibility, can commit and allocate resources within the limits of the approved budget. These individuals work under the direction of a department head. These individuals are not officers of the City. Those positions within the Managerial Service and their respective appointing authorities are:
Position Appointing Authority
1. Manager of Community Development Director of Development
2. Manager of Planning and Zoning Director of Development
In the event a position in the Managerial Service becomes vacant, the appointing authority may appoint an acting division head pending a permanent appointment to that position. The appointment of an acting division head shall be made from existing City personnel.
c. The Deputy/Assistant Service: those individuals who do not have direct authority and responsibility over one (1) or more functional and/or operational areas of City government, but may be delegated this authority and responsibility from time to time in the absence of the Executive Manager. This service includes deputies or assistants to heads of departments and administrative divisions. These individuals do not normally have discretion to allocate and use their own time in the administration of the departmental/division/bureau functions, and any time worked outside normal working hours must be approved. Those positions within the Deputy/Assistant Service and their respective appointing authorities are:
Position : Appointing Authority
1. Assistant Fire Chief : Fire Chief
2. Deputy Police Chief : Police Chief
3. Deputy City Treasurer : City Treasurer
4. Director of Community Health Services : Health Commissioner
5. Assistant Director of Building Inspections and Neighborhood Services : Director of Building Inspections and Neighborhood Services
6. Principal Engineer : City Engineer
7. Sanitation and Street Superintendent : Director of Public Works
8. Electrical Maintenance Superintendent : Director of Public Works
9. Building and Sign Maintenance/Inventory Services Superintendent : Director of Public
Works
10. Forestry and Grounds Superintendent : Director of Public Works
11. Water System Superintendent : Director of Public Works
12. Fleet Services Superintendent : Director of Public Works
13. Assistant City Engineer : City Engineer
14. Senior Center Director : Health Commissioner
15. Assistant Director of Public Works : Director of Public Works
(b) Classified Service. All other offices and positions shall be included in the classified service, unless otherwise determined from time to time by action of the Common Council. The classified service shall be organized and consist of the following:
1. Supervisor: except with regard to the Executive and Managerial Service and the Deputy/Assistant Service, those positions which, in the interest of the City, have authority to hire, transfer, suspend, layoff, recall, promote, discharge, assign, reward or discipline other employees, or to adjust their grievances or to effectivey recommend such action, if in connection with the foregoing the eercise ofsuh authority is not of a merely routine or clerical nature, but requires the use of independent judgment.
2. Professional: those positions whose work is predominantly intellectual and varied in character, are involved in consistent exercise of discretion and judgment in work performance, are involved in nonstandardized products or outputs and require knowledge of an advanced type in a field of science or learning customarily acquired by prolonged course of specialized intellectual instruction.
3. Confidential: those positions who have sufficient access to, knowledge of or participation in confidential matters relating to labor relations. [Per the Wisconsin Statutes (Section 111.70(1)(i) Wis. Stats.): For information to be confidential in the labor relations context, it must (a) deal with the employer's strategy or position in collective bargaining, contract administration, litigation or other similar matters pertaining to labor relations and grievance handling between the bargaining representative and the employer, and (b) be information which is not available to the bargaining representative or its agents. Notwithstanding the actual amount of confidential work conducted, but assuming good faith on the part of the employer, an employee may be found to be confidential where the person in question is the only one available to perform legitimate confidential work, and similarly, where a management employee has significant labor relations responsibility, the clerical employee assigned as his or her secretary may be found to be confidential, even if the actual amount of confidential work is not significant, where the confidential work cannot be assigned to another employee without undue disruption of the employer's organization.]
4. Municipal Employee Service: any person employed by the City of West Allis, other than an independent contractor, an employee within the Executive and Managerial Service, Deputy/Assistant Service, Supervisory Service, Professional Service or Confidential Service.
(c) Employee Status Categories. It is the policy of the City of West Allis to utilize the categories of employee status set forth in Rule VIII of the Civil Service Commission Rules and Regulations for all City employees regardless of their position within the classified or unclassified service.
(5) Creating and Filling Positions, Reductions in Force and Recall Procedures. The City shall fill positions, make reductions in force and recall individuals in accordance with the procedures set forth in Policy 1402 in the City of West Allis Policies and Procedures Manual.
(6) Voluntary Benefit Programs. The City offers voluntary benefit programs as set forth in Policy 1483 in the City of West Allis Policies and Procedures Manual.
(7) Discipline and Grievance Procedure.
(a) Discipline.
1. Department heads/appointing authorities have the authority to discipline their employees. Whenever a department head/appointing authority believes an employee, except those employees in the Executive Service/City Officers and protective service employees as noted in Subdivisions 2 and 3 below, has acted in such a manner to have merited discipline, the department head/appointing authority shall seek procedural advice from the City Attorney's Office and the Human Resources Director. Disciplinary action may include, but is not limited to, a verbal warning, written warning, suspension, demotion, termination, or a combination of the above if applicable. Upon determining an appropriate discipline, if any, the department head/appointing authority shall provide the employee with written notification of the disciplinary action being imposed and the reasons therefor, and a copy of the same shall be placed in the employee's official personnel file.
2. The discipline, removal and suspension of Executive Service employees/City Officers shall be governed by the provisions of Policy 405 in the City of West Allis Policies and Procedures Manual, Section 2.02 of this chapter, and Sections 17.12 and 17.16 Wis. Stats.
3. The discipline of protective service employees under the jurisdiction of the Police and Fire Commission shall be governed by the provisions of Section 62.13 Wis. Stats.
(b) Grievance Procedure. This grievance procedure, which addresses issues concerning workplace safety, discipline and termination, applies to all City employees except for those protective service employees under the jurisdiction of the Police and Fire Commission (covered by Section 62.13 Wis. Stats.), Executive Service employees, statutorily appointed employees identified specifically in statute as serving at the pleasure of an appointing authority and elected officials (covered by Sections 17.12 and 17.16 Wis. Stats. and/or Policy 405 in the City of West Allis Policies and Procedures Manual and/or covered by Section 2.02 of the Revised Municipal Code), and employees not under regular tenure (e.g., probationary, provisional, temporary, special, part-time less than 0.5 budgeted FTE). This procedure does not create a legally binding contract. The City reserves all rights and this procedure does not create a contract of employment. Employees of the City of West Allis are employed at-will and may resign with or without reason. The City may terminate the employment relationship at any time with or without reason and without violation of applicable law.
1. Workplace Safety. "Workplace safety" means the conditions of employment related to physical health and safety of employees. Only those acts or omissions that involve a violation of state and/or federal regulations or laws on health and safety in the workplace will constitute a workplace safety violation. Any grievance filed alleging a workplace safety violation must be personal to the employee filing the grievance; no class actions or complaints on behalf of another may be filed under this procedure.
2. Discipline. Disciplinary action may include a verbal warning, written warning, suspension (with or without pay), demotion or termination, for rule or policy violations, poor performance or other acts of misconduct. The City reserves the management right, in its sole discretion, to impose the disciplinary action it deems appropriate to the particular circumstances. The following actions shall not be considered "discipline" under the terms of this grievance procedure:
• Layoffs or workforce reduction activities;
• Performance evaluations or reviews;
• Actions taken to address work performance, including use of a performance improvement plan or job targets;
• Nondisciplinary demotion due to medical condition, lack of qualification or license, or other inability to perform job duties;
• Documentation of employee acts and/or omissions in an employment file;
• Actions taken pursuant to an ethics ordinance created under Section 19.59(1m) Wis. Stats.;
• Nondisciplinary wage, benefit or salary adjustments;
• Transfer, change in assignment or assignment location;
• Placing an employee on paid administrative leave pending an internal investigation;
• Counselings, meetings or other predisciplinary actions.
3. Termination. "Termination" is greatly defined as a discharge from employment for rule or policy violations, poor performance or other acts of misconduct. The following actions shall not be considered a "termination" under the terms of this grievance procedure:
• Voluntary quit, resignation, retirement or other separation initiated by the employee;
• Workforce reduction activities, layoff or failure to be recalled from layoff at the expiration of the recall period;
• Job abandonment, "no-call, no-show," or other failure to report to work;
• Termination of employment due to medical condition, lack of qualification or license, or other inability to perform job duties;
• Job transfer or demotion;
• Action taken pursuant to an ethics ordinance created under Section 19.59(1m) Wis. Stats.; or
• End of employment and/or completion of assignment of a temporary, seasonal, contract or part-time employee.
4. Steps in Grievance Procedure.
a. Step 1. If an employee has a grievance, he/she shall first present and discuss the grievance orally with his/her immediate supervisor within two (2) workdays of knowledge of the issue/circumstances causing the grievance. The supervisor will reach a decision and communicate it orally to the employee within two (2) workdays.
b. Step 2. If the grievance is not settled at Step 1, the employee shall reduce the grievance to writing and present it to the department head/appointing authority within five (5) workdays after receiving communication of the supervisor's decision. The written grievance shall contain a clear and concise statement of the relevant facts, the date(s) the event occurred, the identities of the persons involved, documentation related to the grievance in possession of the employee, the actions taken to informally resolve the grievance, the reasons why the disciplinary action should be overturned, if applicable, and the remedy requested. A grievance alleging a workplace safety issue shall also identify the regulations or laws allegedly violated, if applicable. Within five (5) workdays, the department head shall furnish the employee with a written response to the grievance.
c. Step 3. If the grievance is not settled at Step 2, the employee may submit a written appeal to the Civil Service Commission within five (5) workdays. The Commission shall schedule the matter for a hearing as soon as practicable.
d. The failure of the employee to comply with the time limits prescribed in this grievance procedure shall be deemed a waiver of his/her right to proceed with the grievance and shall be a bar to judicial review. The employee may advance a grievance to the next step if a response is not provided within the designated timeframe. Any time limit prescribed herein may be extended by mutual written consent of the parties. The Commission has the sole authority to determine whether a matter should be dismissed on procedural grounds, including failure to comply with a time limit prescribed herein.
5. Civil Service Commission Hearing.
a. The Commission shall appoint a time and place for hearing the appeal and shall notify the department head/appointing authority and the affected employee of the time and place of such hearing. This time period may be changed by mutual agreement of the parties and the Commission. The Commission may, in its discretion, have the hearing transcribed. A copy shall be made available to the employee at his/her expense. The employee may be represented at the hearing by an attorney at the employee's own expense.
b. Subject to the Commission's discretion, witnesses may appear at the hearing and present information under oath or affirmation. Written documents may be submitted. The rules of evidence may be used as a guideline but shall not be binding upon the Commission. The appealing party carries the burden of production of evidence and the burden of proof. In disciplinary matters, the sole issue before the Commission shall be: Based on the preponderance of the evidence presented, has the employee proven the disciplinary action was arbitrary and capricious? An action will be deemed arbitrary and capricious if it is unreasonable or without a rational basis (i.e., if any reasonable view of the evidence sustains the action, it may not be disturbed). In making such determination, the Commission shall accord the decision of the department head/appointing authority a presumption of correctness and validity. In matters involving allegations of workplace safety violations, the sole issue before the Commission shall be: Based on the preponderance of the evidence presented, has the employee proven there was a violation of state and/or federal regulations or laws on health and safety in the workplace?
c. If the Commission determines the discipline or termination was arbitrary and capricious or that there was a workplace safety violation, it shall, in its sole discretion, determine what action shall be taken under the circumstances and as its rules may provide. The decision of the Commission shall be a "final determination" as defined in Section 68.12 Wis. Stats. The decision shall be in writing, mailed to the department head/appointing authority and the affected employee, and shall contain notice that any appeal to the Circuit Court of Milwaukee County must be commenced within thirty (30) days of receipt thereof.
(7.5) Discipline, Removal and Suspension of City Officers.
(a) The discipline, removal and suspension of municipal officers (Executive Service/Department Heads) shall be governed by the provisions of Policy 405 in the City of West Allis Policies and Procedures Manual and Sections 17.12 and 17.16 Wis. Stats.
(b) The discipline, removal and suspension of officers or employees, within the unclassified service, who are sworn officers of the Police and Fire Departments, shall be governed by the applicable provisions of Section 62.13 Wis. Stats.
(8) Prohibited Influences and Practices.
(a) Except as provided otherwise in these enactments, no factor of influence other than the fitness and ability of a person to perform the duties of the position in which he or she is acting or employed, or to which he or she is seeking appointment, shall affect in any detrimental way the appointment, promotion, transfer, suspension or termination of a person with respect to any employment within the scope of these enactments.
(b) The following practices are forbidden: Pernicious political activity by any City officer or employee; the giving of any consideration, whether financial or otherwise, in return for appointment to an office or position in the service of the City; the obstruction or deceiving of any person desiring to make an examination under the provisions of these enactments or desiring to secure information concerning any such examination; the deliberate mismarking or miscalculation of grades of any applicant taking an examination; the impersonation by any person of any other person in connection with the holding of an examination; and, the giving to or receiving by examination candidates, information or assistance enabling such candidates to obtain an unfair or improper advantage over other candidates for the same examination.
(9) Work Hours and Schedules. All officers and employees of the City, except elected officials and employees under the jurisdiction of the Police and Fire Commission, are subject to the work hours and scheduling provisions set forth in Policy 1454 in the City of West Policies and Procedures Manual.
(10) Compensation, Salaries and Payroll. The compensation of all employees and elected and appointed officials shall be determined and paid as prescribed by law and in accordance with Salary Ordinances adopted by the Common Council from time to time, and Policies 1110, 1205, 1402, and 1424 in the City of West Allis Policies and Procedures Manual.
(11) Sick Leave. All officers and employees of the City, except elected officials and represented protective service employees, shall be entitled to sick leave in accordance with Policy 1430 in the City of West Allis Policies and Procedures Manual.
(12) Health and Dental Insurance.
(a) Provisions for health and dental insurance for employees holding a minimum of a 0.5 FTE (full time equivalent) budgeted position, elected officials, and retirees shall be governed by Policy 1413 in the City of West Allis Policies and Procedures Manual.
(b) Employee Health Insurance Fund.
1. There is hereby established the Employee Health Insurance Fund as part of the Internal Service Fund of the City of West Allis for the payment of claims and other eligible costs under the health insurance program and for no other purpose.
2. The Fund shall consist of premiums paid by the City and premium contributions paid by active and retired employees for the health insurance program.
3. The Fund shall also be credited/charged with a pro-rata share of investment interest revenue earned/lost by the City each year. The state investment pool rate shall be used to determine the credit/charge.
4. This Subsection (b) shall not be repealed, amended or otherwise modified except upon a two-thirds-majority vote of all members of the Common Council.
(13) Vacations. Each year, all officers and employees of the City, except represented protective service employees (see RMC Sections 4.10 and 5.126) and elected officials, shall be entitled to vacation in accordance with Policy 1432 in the City of West Allis Policies and Procedures Manual. The Manager of Finance/Comptroller-City Treasurer, in checking payrolls or accounts of salaries and wages of officers or employees in the City departments, shall check and keep a record of the time allowed to officers and employees for vacations. The Fire and Police Departments of the City shall maintain the vacation records for those Departments and make them available to the Manager of Finance/Comptroller-City Treasurer as necessary. Where the vacation taken exceeds that earned, the Manager of Finance/Comptroller-City Treasurer shall withhold approval of said payroll. Represented protective service employees are governed by the provisions of their collective bargaining contract.
(14) Military Leave. It is hereby declared to be the policy of the City to grant military leave to all eligible employees and to provide for the reinstatement of said employees in accordance with the provisions set forth in Policy 1420 of the City of West Allis Policies and Procedures Manual.
(15) Unpaid Leaves of Absence.
(a) Medical Leave. Medical leave shall be granted in accordance with state and federal laws and regulations.
(b) Candidate for Public Office. Candidates for public office shall be granted leave in accordance with the provisions of the Wisconsin Statutes.
(c) Voluntary Time Off. Voluntary time off shall be granted in accordance with Policy 1469 in the City of West Allis Policies and Procedures Manual.
(16) Holidays. Each year, all officers and employees of the City, except Police and Fire Dispatchers, represented protective service employees (see RMC Sections 4.10 and 5.126) and elected officials, shall be entitled to holidays in accordance with Policy 1412 in the City of West Allis Policies and Procedures Manual. No other holidays shall be granted by any method whatsoever except by action of the Common Council. In addition, protective service employees not represented by a collective bargaining agreement, shall be entitled to and shall receive a holiday payment, in an amount determined by the Common Council through salary ordinance (such payment to be made in the month of December by separate check) and those employees working a 5-2 schedule shall be entitled to and shall receive the holiday benefits enumerated in Policy 1412. Police and Fire Dispatchers are governed by the Rules and Regulations of the Police and Fire Commission. Represented protective service employees are governed by the provisions of their collective bargaining agreement.
(17) Funeral Leave. All officers and employees of the City, except represented protective service employees (see RMC Chapters 4 and 5) and elected officials shall be granted funeral leave in accordance with Policy 1409 in the City of West Allis Policies and Procedures Manual. Represented protective service employees shall be entitled to funeral leave in accordance with the terms of their collective bargaining agreement.
(18) Tuition Reimbursement. In order to enable employees to continue their personal development and in turn, become increasingly more valuable to the City government, it is City policy to encourage employees to improve their educational and skill qualifications for advancement. Officers and employees of the City shall be permitted to participate in the tuition reimbursement program in accordance with Policy 1404 in the City of West Allis Policies and Procedures Manual.
(19) Clothing, Tool and Other Allowances. It is the policy of the City that employees shall receive clothing, tool or other allowance in accordance with the provisions of Policy 1484 in the City of West Allis Policies and Procedures Manual.
(20) Vehicle Operation/Driving and Mileage Reimbursement. It is the City's intent to establish and maintain a high level of professionalism and awareness of safety among its drivers and operators. Procedures to be followed by all City departments and employees regarding vehicle operation, driving privileges and mileage reimbursement are set forth in Policy 1468 in the City of West Allis Policies and Procedures Manual.
(21) Subrogation. In the event the City makes any payment of sick leave benefits under Section 2.76(11), and/or any payment of medical expenses pursuant to the terms of any health insurance plan provided under Section 2.76(12), the City shall be subrogated to all the employee's/insured's rights of recovery therefor against any third party or his/her insurer for such payment. Should the employee/insured make a claim or maintain an action against a third party, he/she shall so notify the City and said claim or action shall include a demand for reimbursement of the sickness disability benefits and/or medical expenses paid by the City. As a condition of accepting benefits under Section 2.76(11) or 2.76(12), the employee and all eligible dependents agree to be obligated to subrogate any such claims to the City to the full and complete extent of payments made by the City, and agree to reimburse the City from the proceeds of such recovery from a third party or parties to the full extent of all monies paid by the City.
(22) Worker's Compensation Benefits and Alternate Duty. Worker's compensation benefits shall be paid to all City of West Allis employees, and alternate duty will be assigned to employees in accordance with Policy 1434 in the City of West Allis Policies and Procedures Manual.
(23) Drug and Alcohol Free Workplace. The City provides for a drug and alcohol free workplace as set forth in Policy 1447 in the City of West Allis Policies and Procedures Manual.
(24) Jury Duty. It is the policy of the City that all employees be allowed to serve on juries. The terms and conditions of leaves of absences for jury duty are set forth in Policy 1417 in the City of West Allis Policies and Procedures Manual.
(25) Life Insurance. Eligible elected officials and employees may be entitled to participate in the life insurance program in accordance with Policy 1411 in the City of West Allis Policies and Procedures Manual.
(26) Pension Plans. The City of West Allis provides an integrated pension system, comprised of benefits from Social Security (except Fire Department), and the Wisconsin Retirement System. Employees are eligible to participate immediately upon hire.
(a) Social Security. The City and the employees each contribute to Social Security based on the employee's annual earnings, up to a maximum per annum established by the Social Security Administration.
(b) Wisconsin Retirement System. Pursuant to Section 40.21 Wis. Stats., the City elects to include eligible City personnel under the provisions of the Wisconsin Retirement System (WRS), in accordance with the terms thereof. The City and the employees shall make contributions to the WRS as established by state law.
(27) Departmental Review of Employee Performance. It is the policy of the City that employees shall receive periodic, and at least annual, performance reviews in accordance with the provisions of Policy 1422 in the City of West Allis Policies and Procedures Manual.
(28) Appeals. Any person aggrieved by a determination of the Civil Service Commission may appeal that determination to the Circuit Court of Milwaukee County pursuant to the provisions of Section 68.13 of the Wisconsin Statutes.
PART III. All ordinances or parts of ordinances contravening the provisions of this ordinance are hereby repealed.
PART IV. This ordinance shall take effect and be in full force from and after its passage and publication.
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