Document douglascountywi_gov_doc_bd94c4bb21

Chapter 2.0, Page 1 2.0 CIVIL SERVICE COMMISSION FOR SHERIFF'S DEPARTMENT THE COUNTY BOARD OF SUPERVISORS OF THE COUNTY OF DOUGLAS DOES ORDAIN AS FOLLOWS: SECTION I. DECLARATION OF POLICY This ordinance is intended to provide that positions for Civil Service covered job classes as hereinafter provided shall be filled by appointment by the sheriff from a list of candidates who shall have received the highest ratings in the competitive examination. That candidates selected shall establish residency and domicile in Douglas County within thirty (30) days of permanent hiring and that residency and domicile in Douglas County continue during employment. Exceptions to the residency requirement will be made on a case by case basis per the County policy. That such competitive examination shall be conducted by the Civil Service Commission, hereinafter set forth, all in accordance with the Statutes of Wisconsin. The following are the covered job classes under the Civil Service Commission jurisdiction, Chief Deputy, Jail Administrator, Lieutenant, Sheriff Sergeant, Deputy Sheriff, Jail Sergeant, Jailer. SECTION II. CIVIL SERVICE COMMISSION A. There is hereby re-established a County Civil Service Commission for the Sheriff's Department charged with the duty of conducting competitive examinations for candidates for covered job classes as hereinafter provided. B. The Commission shall consist of five members, all of whom shall be legal residents of Douglas County. No person holding an elective office or appointive public position or office of any sort in Douglas County government shall be appointed to the Commission. C. The Chair of the Douglas County Board of Supervisors, within thirty (30) days after the effective date of this ordinance, shall appoint members of this commission, designating the term of office of such appointment, which shall be subject to the confirmation of the Board of Supervisors by a majority vote of the members elect. They shall take office immediately upon confirmation. Of the persons appointed, one shall hold office for one year, one for two years, one for three years, one for four years and one for five years, from the first day of January next following such appointment and until their successor is appointed and qualifies, except that the members of the existing Civil Service Commission shall hold office as of the date they were appointed. D. The Commission shall annually elect one of their members as chairperson and one as vice chair. ---PAGE BREAK--- Chapter 2.0, Page 2 E. Every person appointed to the Commission shall take and file the official oath. F. Each member of the commission shall be paid compensation for attending meetings and shall be paid at the rate set by the County Board for miles traveled to attend meetings of said commission and for other work of the commission. G. The County Board of Supervisors shall provide the necessary supplies and conveniences to enable the Commission to perform its duties. SECTION III. CIVIL SERVICE COMMISSION DUTIES A. To prepare and publish such rules and regulations to carry out their duties under this ordinance, as in their judgment shall be adopted to secure the best service for the County. These rules shall provide among other things, that the notice with the time, date and place for conducting an examination of candidates meeting the qualifications of the positions shall be published in a local newspaper or other such publications at least twice or as deemed necessary. B. To conduct examinations of applicants for positions in the Sheriff's Department of Douglas County with the frequency necessary to maintain an eligible list sufficient to meet the needs of the department. The basis of the examination shall be within the determination of the commission, except as hereinafter provided. The weights, if any, that may be given to the previous experience, training, written or oral demonstration test, and that various other phases or elements of the examination of which the applicant by be subjected, shall be provided for in advance by the rules of the commission. The commission shall have the power to establish such minimum requirements in accordance with the laws of the State of Wisconsin. The names of the persons passing the examination shall be placed on an eligible list in the order of their final grades in the examination. C. To keep the minutes of its own proceedings and preserve records of all examinations, including the keeping of an eligible register. All competitors rated at the minimum hereinbefore established shall be eligible for appointment and their names shall be placed on the register according to their rating. The term of eligibility shall be regulated by the Civil Service Commission but not to exceed three years, subject to change as necessary. SECTION IV. QUALIFICATIONS A. To be eligible to apply for the position of deputy sheriff, and/or jailer the applicant shall: 1. Be over 21 years of age ---PAGE BREAK--- Chapter 2.0, Page 3 2. Not have been convicted of an offense amounting to a felony, unless judgment of conviction has been reversed or a complete pardon has been granted; 3. Possess a valid driver's license; 4. Possess a High School Diploma or GED; 5. Possess the education as required by the State of Wisconsin. 6. Satisfactorily complete written, oral and physical agility exams as required by the Commission. 7. Applicants for deputy and jailer positions will be exempt from taking the entry-level exam if they have met the Civil Service Ordinance requirements of a previous employer and are jail certified or law enforcement certified by the State of Wisconsin. B. The qualifications for covered job classes other than deputy sheriff or jailer will be documented in a job description and published in the official posting for establishing an eligible list. SECTION V. CERTIFICATION PROCESS A. Deputy Sheriff and Jailer Certification Process: 1. The applicants for the office of Deputy Sheriff and Jailer shall file an application with the Human Resources Department of Douglas County, on forms furnished by the Department. The applications should include a copy of transcripts showing the required education and the applicant’s driver's license number. Applicants who may wish to receive Veteran's preference added to their final score should submit documentation showing their Veteran's status. The Human Resource Department shall screen the applications to determine if the applicants have demonstrated they have met the qualifications. 2. All applicants who have demonstrated that they have met the qualifications in Section IV. 1-6 must take the written examination prescribed by the commission. Separate tests will be administered for the positions of Deputy and Jailer. Applicants must obtain a grade of (70%) in order to pass this phase of the examination. If an applicant fails to obtain a passing grade of the individual is considered as failing to pass and will be declared ineligible. ---PAGE BREAK--- Chapter 2.0, Page 4 3. Applicants passing the written examination will be scheduled for a structured interview. The Sheriff=s Department will notify the members of the Civil Service Commission of the interview date. The interviews will be conducted by a representative of the Human Resource Department, the Sheriff or his/her designee and shall include a member of the Civil Service Commission. In some instances interviews will include others familiar with the knowledge, skills and abilities required for the position. Individuals will be scored on their interview and must achieve a passing score to be considered for continued consideration in the process. The ranking of these candidates for appointment will occur after the addition of the veteran=s points to the passing grade. In the event of a tie, the written examination score will be used to break the tie for the higher rank. In the event of a tie score on the written examination, the date and time the application was received will be used to break the tie for ranking the candidates. 4. All applicants passing the structured interview hereinbefore set forth shall be placed on an eligibility list in order of their passing grade subject to the addition of veteran=s preference points to their score in accordance with Wisconsin Statutes Section 230.16(7)a. 5. Two lists shall be maintained for the deputies and two lists will be maintained for the jailers by the Human Resources Department. List #1 will be comprised of the candidates that meet the eligibility criteria listed in Section IV. 1-6 and List #2 will be comprised of the candidates that are exempt from the entry level testing process, but meet all the other eligibility criteria listed in Section IV. Candidates will be notified of their standing on the final lists. Applicants will have the responsibility to keep the County informed of any change of address or phone number during the time the list is valid. Applications will become the property of Douglas County and will not be returned. B. Covered Job Classes Other Than Deputy Sheriff and Jailer Certification Process: 1. The candidates for the positions of covered job classes other than Deputy Sheriff and Jailer shall file an application, in writing, with the Human Resources Department of Douglas County, on forms furnished by the Department. The applications should include a copy of transcripts showing the required education and the applicant’s driver's license number. Applicants who may wish to receive Veteran's preference added to their final score should submit documentation showing their Veteran's status. The Human Resources Department shall screen the applications to determine if the applicants have demonstrated they have met the qualifications. ---PAGE BREAK--- Chapter 2.0, Page 5 2. All applicants who have demonstrated that they have met the qualifications must take an examination prescribed by the commission and posted in the official job posting. Applicants must obtain a passing grade in order to pass this phase of the examination. If an applicant fails to obtain a passing grade, the individual is considered as failing to pass and will be declared ineligible. 3. That all applicants passing the examination hereinbefore set forth shall be placed on an eligibility list in order of their passing grade subject to the addition of veteran=s preference points to their score in accordance with Wisconsin Statutes Section 230.16(7)a. 4. Lists of eligible candidates shall be maintained by the Human Resources Department. Applicants will be notified of their standing on the final lists. Applicants will have the responsibility to keep the County informed of any change of address or phone number during the time the list is valid. Applications will become the property of Douglas County and will not be returned. SECTION VI. APPOINTMENT A. When an opening occurs it will be the responsibility of the Sheriff to notify the Human Resources Department. B. For Deputy Sheriff and Jailer the Human Resources Department will schedule interviews with the three highest persons on List #1 and List The ranking on List #2 will be determined by the entry on duty date from their most recent law enforcement position with their most recent employer. For covered job classes other than Deputy Sheriff and Jailer the Human Resources Department will schedule interviews with the three highest persons from the eligible list. From these three applicants the Sheriff selects the candidate for appointment and the Human Resources Department shall make a conditional job offer contingent upon passing physical, and background tests. This selection will be made by the Sheriff considering the recommendations from the Human Resources representative and/or others involved in the hiring process. In the case of appointment of Jailers, the Sheriff may select from the top three of a specific gender when gender is a bona fide qualification. The Sheriff shall discuss with the Human Resources Department those cases when gender may be a bona fide qualification. C. The Human Resources Department will schedule both physical and exams for the applicant. The physical exam may include a drug test which conforms to state statutes and/or regulations. The Sheriff or the Sheriff's staff will conduct a criminal background check on the applicant and file a written report with the Human Resources Department. If the candidate fails any one of these background ---PAGE BREAK--- Chapter 2.0, Page 6 tests, the conditional offer will be withdrawn and the applicant's name will be withdrawn from the list of eligible candidates. D. If the applicant successfully passes all the required background tests a confirmation appointment letter will be sent by the Human Resources Department to the applicant. E. All new Deputies and Jailers or new employee to other covered positions appointed under this ordinance shall be deemed on probation for the first twelve (12) months or a length of time consistent with the current labor agreement of their appointment and may be discharged by the Sheriff or Civil Service Commission at any time before the termination of the probationary period. F. Promotion to the rank of Sergeant will be from the ranks of those deputies or jailers, according to the specific assignment of the position, employed full time with a minimum of three years continuous service with Douglas County Sheriff=s Department from the first date of the posting for the vacancy. The County and the Sheriff may add additional job related qualifications prior to posting for the position of Sergeants. Candidates for promotion must submit a completed application form to the Human Resources Department. The vacancy will be filled by structured interviews conducted by a representative of the Human Resources Department and the Sheriff and/or his/her designee. The Sheriff in consultation with the Human Resources Department may use other testing procedures approved by the Civil Service Commission to determine the relative qualifications of the candidates. The Sheriff shall make the selection from not more than the highest three names certified. G. Promotions to the rank of Lieutenant will be from the ranks of those deputies or jailers according to the specific assignment of the position, employed full time with a minimum of 10 years of continuous service with Douglas County Sheriff=s Department from the first date of the posting for the vacancy, with a minimum of 2 years in a Law Enforcement supervisory role, at the rank of Sergeant or higher. The County and the Sheriff may add additional job related qualifications prior to posting for the position of Lieutenant. Candidates for promotion must submit a completed application form to the Human Resources Department. The vacancy will be filled by structured interviews conducted by a representative of the Human Resources Department and the Sheriff and/or his/her designee. The Sheriff in consultation with the Human Resources Department may use other testing procedures approved by the Civil Service Commission to determine the relative qualifications of the candidates. The Sheriff shall make the selection from not more than the highest three names certified. If there are less than three internal applicants who meet the qualifications, those applicants will be considered first. If through the promotional process none of the applicants are recommended for the position, the position may then be open to applicants who are not Douglas County employees. ---PAGE BREAK--- Chapter 2.0, Page 7 SECTION VII. TERM Employees appointed in conformity with the provisions of this ordinance to covered job classes, shall hold office on good behavior and efficiency and shall not be dismissed from such office or suspended except as provided in this ordinance. SECTION VIII. SUSPENSION, DEMOTION OR DISMISSAL A. For the purposes of this section and Section 59.26(8) of the Wisconsin Statutes, unless otherwise covered employee is subject to a union bargaining agreement provision which provides for a different method of resolving grievances related to suspension, demotion or dismissal, the Douglas County Administration Committee is hereby designated as the Grievance Committee. The Grievance Committee members shall be paid in the same manner as members of other County Board committees. B. Whenever the Sheriff, Chief Deputy or a majority of the members of the Civil Service Commission believes that a covered employee has acted so as to show the employee to be incompetent to perform the duties of their position or to have merited suspension, demotion or dismissal, the Sheriff, Chief Deputy or Civil Service Commission shall report in writing to the Grievance Committee, with a copy to the Human Resources Department, setting forth specifically the complaint against the employee. The Grievance Committee shall forthwith notify the accused officer of the filing of the charges and on request furnish the accused officer with a copy of the same. C. When the party filing the complaint is the Sheriff or Chief Deputy, he or she may suspend with pay or demote the officer at the time such complaint is filed. The officer may request a hearing before the Grievance Committee in writing with notice to the Chairman of the Grievance Committee or the Douglas County Human Resources Department. The Grievance Committee shall, if the officer requests a hearing, appoint a time and place for the hearing of the charges, the time to be within three weeks of the filing of such request for hearing and the Committee shall notify the Sheriff or Chief Deputy or the members of the Civil Service Commission, whichever filed the complaint with the Committee, and the accused of the time and place of such hearing. If the accused officer makes no request to the Grievance Committee, the Committee may take whatever action it deems justifiable on the basis of the charges filed and shall issue a written order to be filed with the Human Resources Department. The Committee may take testimony at the hearing and any testimony shall be transcribed. The Chairperson of the Committee shall issue subpoenas for the attendance of such witnesses as may be requested by the accused. D. At the termination of the hearing the Grievance Committee shall determine in writing whether or not the charge is well-founded and shall take such action by way of suspension, demotion, discharge or reinstatement as it may deem requisite and proper under the circumstances and file the same with the Douglas County Human Resources Department. Such actions shall be determined by a majority vote of the members ---PAGE BREAK--- Chapter 2.0, Page 8 present, cast by secret ballot, excepting that any action ordering dismissal shall require an affirmative vote of four-fifths of the members-elect. E. No suspension or dismissal without pay or benefits shall become effective until the matter is disposed of by the Grievance Committee and the time for appeal passes. If a matter that is the subject of the suspension or dismissal is decided adversely to the Deputy Sheriff by the Grievance Committee, time for appeal to the Circuit Court passes without an appeal being made or the deputy's appeal to the Circuit Court is decided adversely to the deputy, all pay and benefits received by the deputy sheriff between the time of his or her suspension and dismissal and the latest of an adverse ruling by the Committee or the Court or the time for appeal passes shall be returned to the County. SECTION IX. EXCEPTIONS A. The positions of court bailiff and honorary or special deputy sheriffs shall not be subject to any of the provisions of the ordinance. B. This ordinance shall not supersede the provisions of Section 59.28 of the Wisconsin Statutes, but no one appointed pursuant to the authority of said section shall be construed as within the provisions of this ordinance. SECTION X. GENERAL PROVISIONS A. No person holding office of Chief Deputy, Lieutenant, Sergeant, Deputy Sheriff, Jail Administrator or Jailer under this ordinance shall be employed in any other capacity and shall not secure temporary employment, unless such employment has been approved by the Sheriff, and no person covered by this ordinance shall be employed or have an interest in any business selling liquor or fermented malt beverages, either wholesale or retail. B. The Board of Supervisors shall fix the number of deputy sheriffs to be appointed and the salaries to be paid, but the number shall not be less than required by Section 59.26 of the Wisconsin Statutes. C. Should it be determined by the Douglas County Board of Supervisors at any time that the personnel of the sheriff's department is too large and that reduction in the number of deputy sheriff or jailer, an appropriate number shall be dismissed to establish an appropriate size. The deputy sheriff or jailers so dismissed shall be the youngest in point of service, and shall be appointed without examination to any vacancy occurring in the respective department of hire within two years of after their dismissal, provided such deputy or jailer is in good health and physically fit and in good standing. ---PAGE BREAK--- Chapter 2.0, Page 9 D. The sheriff may, in his/her discretion and in conformance with the leave of absence policy as adopted by the County Board, grant any deputy sheriff or jailer temporary leave of absence without pay, upon the request of such person, but not to exceed sixty days, unless approved by Commission. E. The Sheriff shall grant any deputy sheriff or jailer or undersheriff leave of absence to attend training duty with the National Guard or Reserve components as provided by Wisconsin Statutes. F. A former Deputy Sheriff or former Jailer may make application for a position of deputy sheriff or jailer but only upon complying with all provisions of this ordinance, and in such cases, shall be considered as an applicant only, with no rights having accrued because of his previous employment as Deputy Sheriff or Jailer. G. The Sheriff may establish an on call list of casual employees to be used as relief jailers. The number of employees on this list shall not exceed 10. Replacement of anyone on the list as of the effective date of this ordinance will be done by selecting from the top five candidates on the certified hiring list for the jailers. Status of the on call list shall not necessarily provide preference for full-time employment with the County. Employees on the on call list will not be required to retake the Civil Service exam for consideration for full-time employment. Individuals on this list must complete training required by the State of Wisconsin within the appropriate time frame or will be removed from the on call list. H. Temporary vacancies. When a temporary vacancy occurs due to sickness, leave of absence, vacations, or any other cause, the sheriff will attempt to fill such vacancy by an eligible person from the on call list. The acceptance or refusal by eligible candidates of a temporary appointment shall not affect their standing on the eligibility list for permanent employment, nor shall the period of temporary employment be counted as part of a probationary period, which is required after permanent appointment. Exception. The Sheriff may, after finding no one State certified, hire individuals to temporarily fill vacancies as deputy sheriff. However, such temporary hiring does not allow any advantages to being hired permanently. SECTION XI. SEVERABILITY In case any one or more of the section, subsections, clauses, or provisions of this ordinance, or the application of such sections, subsections, clauses or provisions to any situations, circumstances, or person, shall for any reason be held to be unconstitutional or invalid, such unconstitutionality or invalidity shall not affect any other sections or provisions of this ordinance or the application of such sections, subsections, clauses or provisions to any other situation, circumstances or person, and it is intended that this ordinance shall be construed and applied as if such section or provision so held construed and applied as if such section or provision so held unconstitutional or invalid ---PAGE BREAK--- Chapter 2.0, Page 10 had not been included in this ordinance. SECTION XII. EFFECTIVE DATE This ordinance shall become effective immediately upon passage and publication. SECTION XIII. REPEALER Upon publication of this Ordinance, this will repeal all previous Civil Service Ordinances and all amendments now in existence. SECTION XIV. CHIEF DEPUTY POSITION A. Creation: Effective the earlier date of either January 1, 1995 or the date of the first vacancy of the Undersheriff position, the position of Chief Deputy within the Sheriff's Department is created and the position of undersheriff is abolished. All statutory duties of the Undersheriff shall be transferred to the position of Chief Deputy at that time. The selection of the person to fill this position shall be made on the basis of competitive examination. The person selected to fill the position of Chief Deputy will be given civil service status the same as any other position covered under the Douglas County Civil Service Ordinance. B. Rank: The Chief Deputy shall outrank all other personnel of the Sheriff's Department, except the Sheriff. C. Tenure: The Chief Deputy shall be subject to all the provisions of the Civil Service ordinance. D. Salary: The salary of the Chief Deputy shall be established by the Douglas County Board of Supervisors, and the Human Resources Department=s non-represented pay plan. E. Duties: In addition to the statutory duties of the Undersheriff the duties of the Chief Deputy shall be included in a written job description which may be amended as needed. F. Application for position: Candidates for the position of Chief Deputy shall file an application with the Human Resources Department of Douglas County, on forms provided by the Department. G. Qualifications: To be eligible to apply for the position of Chief Deputy the applicant shall: ---PAGE BREAK--- Chapter 2.0, Page 11 1. Be a certified Law Enforcement officer by the State of Wisconsin Training & Standards Board. 2. Have 10 years of full-time experience in the area of Law Enforcement with a minimum of 5 years in a supervisory role, at the rank of Sergeant or higher. If there are less than three internal applicants who meet the qualifications, those applicants will be considered first. If through the promotional process none of the applicants are recommended for the position, the position may then be open to applicants who are not Douglas County employees. H. Selection Procedures: 1. Written examination: All applicants who have demonstrated that they have met the qualifications must take the written exam prescribed by the Commission. 2. Oral Examination by Examination Panel: All applicants who have demonstrated that they have met qualifications must take the oral exam prescribed by the Commission. The Examination Panel shall be made of not more than 5 individuals selected by the Sheriff and/or his/her designee to score the candidates. The Examination Panel shall use a structured interview approach and written documentation of interviewer ratings shall be maintained and filed with the Human Resources Department. All interview questions shall be job-related. I. Composite Score: The scores of the written and oral examinations will be combined to form a composite score. This score shall be used to establish the order of the eligibility list. J. Appointment: The Sheriff shall select from the applicants with the top three composite scores. The Human resources Department shall make a conditional job offer contingent upon passing physical, and background tests. The physical and tests will be scheduled by the Human Resources Department. If the candidate fails any of the background tests, the conditional offer will be withdrawn and the applicant's name will be withdrawn from the list of eligible candidates. If the applicant successfully passes all the required background tests a confirmation letter will be sent by the Human Resources Department. SECTION XV. JAIL ADMINISTRATOR POSITION A. Creation: Effective January 1, 2003, the position of Jail Administrator within the Sheriff=s Department under the civil service process is created. The selection of the person to fill the position shall be made on the basis of competitive examination and will be given civil service status the same as any other position covered under the Douglas County Civil Service Ordinance. ---PAGE BREAK--- Chapter 2.0, Page 12 B. Tenure: The Jail Administrator will be subject to all the provisions of the Civil Service Ordinance. C. Salary: The salary of the Jail Administrator shall be established by the Douglas County Board of Supervisors, and the Human Resources Department=s non-represented pay plan. D. Duties: Duties for the Jail Administrator shall be included in a job description which can be amended as necessary or needed. E. Application for Position: Candidates for the position of Jail Administrator shall file an application with the Human Resources Department of Douglas County, on forms provided by the Department. F. Qualifications: To be eligible for the position of Jail Administrator, the applicant shall have at a minimum: Possession of a valid driver=s license or ability to obtain a valid driver=s license within six months of date of hire; and A Bachelor=s Degree in Criminal Justice or related field, and a minimum of 5 years in a supervisory role, at the rank of Sergeant or higher in a federal, state or local detention center/facility, and have 10 years of experience in the area of corrections; or An Associate Degree in Criminal Justice or related filed and a minimum of 7 years in a supervisory role, at the rank of Sergeant or higher, in a federal, state or local detention center/facility, and have 10 years of experience in the area of correction; and Be a certified corrections officer by the State of Wisconsin Training & Standards Board, or become certified within 1 year of date of hire. If there are less than three internal applicants who meet the qualifications, those applicants will be considered first. If through the promotional process none of the applicants are recommended for the position, the position may then be open to applicants who are not Douglas County employees. G. Rank: The Jail Administrator shall have the rank of Captain. H. Selection Procedures: 1. Written examination: All applicants who have demonstrated that they have met the qualifications must take the written exam ---PAGE BREAK--- Chapter 2.0, Page 13 prescribed by the Commission. 2. Oral Examination by Examination Panel: All applicants who have demonstrated that they have met the qualifications must take the oral exam prescribed by the Commission. The Examination Panel shall be made of not more than 5 individuals selected by the Sheriff and/or his/her designee to score the candidates. The Examination Panel shall use a structured interview approach and written documentation of interviewer ratings shall be maintained and filed with the Human Resources Department. All interview questions shall be job-related. I. Composite Score: The scores of the written and oral examinations will be combined to form a composite score. This score shall be used to establish the order of the eligibility list. J. Appointment: The Sheriff shall select from the applicants with the top three composite scores. The Human Resources Department shall make a conditional job offer contingent upon passing physical, and background tests and will be made by the Sheriff. The physical and tests will be scheduled by the Human Resources Department. If the candidate fails any of the background tests, the conditional offer will be withdrawn and the applicant's name will be withdrawn from the list of eligible candidates. If the applicant successfully passes all the required background tests a confirmation letter will be sent by the Human Resources Department. Approved March 17, 1994. Amendments: October 19, 2000 August 16, 2001 November 21, 2002 December 18, 2003 January 15, 2004 September 16, 2004 March 17, 2005 July 20, 2006 November 16, 2006 July 17, 2008 April 16, 2009 October 15, 2009 November 17, 2011