Chapter 2.24 MISCELLANEOUS EMPLOYMENT ISSUES

The department heads, city engineer, and city clerk shall be appointed by the mayor, subject to confirmation by at least three-fourths of the members of the council. Any department head, city engineer, or city clerk who has been appointed to their position by the mayor and confirmed by the common council as stated above, is subject to removal only by the common council, for cause, by an affirmative vote of three-fourths of all the members thereof. (Ord. 2505-18 § 1, 2018; Ord. 2303-12 § 1 (part), 2012: Ord. 2131-08 § 1 (part), 2008)

2.24.020 Bond of treasurer, director of finance and chief of police.

The individual bond required for the treasurer, director of finance, and chief of police (Section 62.09(4)(b), Wisconsin Statutes) shall be set at five thousand dollars ($5,000.00) each with the cost to be paid for by the city, as authorized by the state. (Ord. 2303-12 § 1 (part), 2012: Ord. 2131-08 § 1 (part), 2008)

2.24.030 Travel expense policy.

The policy in reimbursing city officials and employees for expenses incurred in attending authorized conventions and conferences shall be as follows:

A. The funds for a convention or conference shall have been properly budgeted.

B. Maximum reimbursable expenditures for authorized travel of officials and employees to attend meetings, seminars and conventions shall be set by the human resources and public safety committee.

C. In addition, allowance shall be made for the full cost of transportation and registration for which receipts shall be required.

D. Reimbursement shall be made only upon submission of a signed expense report with required receipts attached.

E. Mileage for authorized automobile travel in the course of official city business shall be reimbursed at the allowable IRS rate per mile. (Ord. 2303-12 § 1 (part), 2012: Ord. 2131-08 § 1 (part), 2008)

2.24.040 Medical examinations of city employees.

The police and fire commission shall establish minimum physical standards for employees under their jurisdiction. For all other employees, the human resources director shall establish such minimum physical standards. No person shall be appointed to the civil service of the city without first undergoing a medical examination which determines that he or she meets such minimum physical standards. This requirement shall not apply to temporary, provisional or seasonal employees unless otherwise ordered by the council. In order to accommodate a prospective employee’s religious practice, the human resources director may waive this provision so long as the waiver would not impose an undue hardship or burden on the city. (Ord. 2411-15 § 2, 2015: Ord. 2303-12 § 1 (part), 2012: Ord. 2131-08 § 1 (part), 2008)

2.24.050 Medical coverage for elected officials.

Pursuant to Section 66.0137(5), Wisconsin Statutes, medical insurance shall be provided for elected officials, as follows:

A. The mayor, during his/her term as an active elected official, shall be eligible for medical and dental insurance provided by the city. In addition, he or she shall be eligible at his or her own expense to participate in the city’s Section 125 flexible benefit program.

B. Coverage for medical and dental insurance for the mayor shall be provided at the city group or individual rate with the premiums paid by the city and the mayor at the same rate and in the same proportion as are applicable for nonunion employees.

C. All elected officials, during his or her term as an active elected official, shall be eligible at his or her own expense to participate in the city’s deferred compensation plan.

D. Medical and dental insurance coverage for the mayor shall terminate on the first of the month following the end of his/her term of office. (COBRA rules will apply.)

E. An elected official, other than the mayor, shall be eligible for single or family coverage through the city’s medical or dental insurance programs contingent upon paying the entire premium cost. Nothing herein shall be construed to disqualify an elected official from participating in these benefit programs if eligible by other means than by virtue of holding office. (Ord. 2579-19 § 1, 2019; Ord. 2346-13 § 1, 2013)

2.24.060 Issuance of citations.

Pursuant to Chapter 800, Wisconsin Statutes, the city adopts the use of citations for the enforcement of its chapters. Citations may be issued by the following city officials:

A. City attorney;

B. Police officers;

C. Fire chief, assistant fire chief, deputy fire chiefs and fire inspectors;

D. Zoning and building administrator, code enforcement supervisor, building inspectors, plumbing inspector, electrical inspector, and code enforcement inspector;

E. Public works director, highway superintendent, highway assistant superintendents. (Ord. 2426-15 § 1, 2015: Ord. 2303-12 § 1 (part), 2012: Ord. 2131-08 § 1 (part), 2008)

2.24.070 Payment of judgments.

A. Pursuant to Section 895.46, Wisconsin Statutes, if the defendant in any action or special proceeding is a city officer or employee, past, present or future, and is proceeded against in an official capacity or is proceeded against as an individual because of acts committed while carrying out duties as an officer or employee and the jury or judge or council finds that the defendant was acting within the scope of his employment, the judgment as to damages and costs entered against the officer or employee in excess of any insurance applicable to the officer or employee shall be paid by the city.

B. Also pursuant to Section 895.46, Wisconsin Statutes, regardless of the results of litigation, the city, if it does not provide legal counsel to the defendant officer or employee, shall pay reasonable attorney fees and the costs of defending the action, unless it is found by the court or jury or the council that the defendant officer or employee did not act within the scope of employment.

C. Officers and employees are as defined in Section 62.09(1), Wisconsin Statutes. (Ord. 2303-12 § 1 (part), 2012: Ord. 2131-08 § 1 (part), 2008)

2.24.080 Residency requirement for police chief and fire chief.

Residency within fifteen (15) miles of the city of Brookfield border shall be a requirement for the incumbents of the positions of police chief and fire chief. Persons appointed to the positions of police chief and fire chief shall establish such residency within twelve (12) months of appointment. The common council may, by resolution, extend the time for a particular appointee’s compliance based upon extenuating circumstances for an additional period of time, such extension not to exceed twelve (12) months. (Ord. 2411-15 § 3, 2015: Ord. 2303-12 § 1 (part), 2012: Ord. 2119-08 § 1, 2008: Ord. 2131-08 § 1 (part), 2008)

Article II. Salaries for Nonunion Administrative Personnel

2.24.090 Salary grades and pay ranges.

Annually, the council may pass an ordinance establishing the salaries for nonunion administrative personnel of the city of Brookfield. (Ord. 2303-12 § 1 (part), 2012: Ord. 2131-08 § 1 (part), 2008)

2.24.100 Administration of the pay plan—Official rates of pay.

Unless otherwise provided, the official rates of pay listed in the salary ordinance which establishes the salary grades for nonrepresented titles are as follows: Part I: Section I—biweekly; in Part I: Sections II, III, and V—hourly; in Part I: Section IV—monthly. Other rates of pay listed in any section of the salary ordinance passed pursuant to this chapter are for informational purposes only. Unless specifically authorized elsewhere within this chapter or salary ordinance, no incumbent of any title covered by this chapter or salary ordinance shall be paid at a rate that is below the minimum of the salary grade, or in excess of the maximum of the salary grade. (Ord. 2411-15 § 4 (part), 2015: Ord. 2303-12 § 1 (part), 2012: Ord. 2131-08 § 1 (part), 2008)

2.24.110 Appointment rates.

Unless otherwise provided in this chapter, appointment to city positions shall be at the minimum rate in the salary grade of the salary ordinance. The human resources director may authorize appointment at a rate above the minimum, yet below the top of the third quartile of the range, if in his or her assessment, such a rate is justified given labor market rate considerations. Appointment beyond the top of the third quartile may be made only with the approval of the human resources and public safety committee of the common council. (Ord. 2303-12 § 1 (part), 2012: Ord. 2131-08 § 1 (part), 2008)

2.24.120 Promotion rates.

Unless otherwise provided in this chapter, promotion of a city employee to a title in Part I, Section I, to a higher salary grade will cause a salary increase as follows:

A. Ten percent increase or to the minimum of the new grade (whichever is greater) in the case of an employee whose pay rate in the lower classification is lower than the minimum of the salary grade of the higher classification;

B. Ten percent increase in the case of an employee whose pay rate in the lower classification is lower than the midpoint of the salary grade of the higher classification;

C. Ten percent increase or to the maximum of the new salary grade (whichever is less) in the case of an employee whose pay rate in the lower classification is higher than the midpoint of the salary grade of the higher classification.

Periodic recalibration of the salary grades shall not be construed as a promotion.

Promotion to rates above these limitations may be made only with the approval of the human resources and public safety committee of the common council.

Unless otherwise provided in this chapter, promotion of a city employee to a title in Part I, Section II, to a higher pay range will result in a pay increase to a pay step in the higher pay range that represents at least a five percent increase in pay rate above the rate paid in the lower classification. (Ord. 2601-20 § 1 (part), 2020: Ord. 2411-15 § 4 (part), 2015: Ord. 2303-12 § 1 (part), 2012: Ord. 2131-08 § 1 (part), 2008)

2.24.130 Rates associated with voluntary or disciplinary demotions.

Unless otherwise provided in this chapter, demotion of a city employee to a title in Part I, Section I, to a lower salary grade will cause a salary decrease as follows:

A. Ten percent decrease or to the maximum of the new grade (whichever is less) in the case of an employee whose pay rate in the higher classification is higher than the maximum of the salary grade of the lower classification;

B. Ten percent decrease in the case of an employee whose pay rate in the higher classification is higher than the midpoint of the salary grade of the lower classification;

C. Ten percent decrease or to the minimum of the lower salary grade (whichever is greater) in the case of an employee whose pay rate in the higher classification is lower than the midpoint of the salary grade of the lower classification.

Periodic recalibration of the salary grades shall not be construed as a demotion.

Unless otherwise provided in this chapter, demotion of a city employee to a title in Part I, Section II, to a lower pay range will result in a pay decrease reflective of the same numbered step in the pay range of the lower classification. (Ord. 2601-20 § 1 (part), 2020: Ord. 2411-15 § 4 (part), 2015: Ord. 2303-12 § 1 (part), 2012: Ord. 2131-08 § 1 (part), 2008)

2.24.140 Rates associated with demotions to a lower classification due to budgetary action.

Whenever an employee is transferred, bumped or demoted to a lower classification by the city, or elects to demote voluntarily in anticipation of being bumped or demoted due to the elimination of a city position, such an employee will be paid at the same rate of pay held in the prior position, provided such rate falls within the salary grade of the lower classification. In cases where an employee’s previous rate of pay exceeds the maximum of the new lower salary grade, such an employee will be paid at the maximum of the new lower salary grade. (Ord. 2411-15 § 4 (part), 2015: Ord. 2303-12 § 1 (part), 2012: Ord. 2131-08 § 1 (part), 2008)

2.24.150 Completion of probationary period increase.

Incumbents of titles covered by Part I, Section I, who successfully complete their initial probationary periods shall be eligible for a three percent increase in salary. Incumbents whose probationary periods have been extended shall be eligible for the probationary period increase upon successfully completing the extended probationary period. Incumbents are not eligible for a merit pay adjustment during their initial probationary periods. (Ord. 2303-12 § 1 (part), 2012: Ord. 2131-08 § 1 (part), 2008)

2.24.160 Pay structure adjustments.

The common council will determine the level of increase of the salary structure and the amount in general (across-the-board) increases to be applied, if warranted.

Periodically, the common council may adjust salary grades to maintain internal pay equity or external market competitiveness. (Ord. 2601-20 § 1 (part), 2020: Ord. 2411-15 § 4 (part), 2015: Ord. 2377-14 (part), 2014: Ord. 2303-12 § 1 (part), 2012: Ord. 2179-09 § 1, 2009: Ord. 2131-08 § 1 (part), 2008)

2.24.170 Merit adjustments within salary grades.

The rates of pay for incumbents in titles covered by Part I, Section I, who have demonstrated fully satisfactory performance in the rating year shall be eligible to receive merit adjustments in the following instances:

A. If after application of Section 2.24.160 to an incumbent’s rate of pay results in a rate that is within the first quartile of the salary grade—an increase of up to three percent of the midpoint will be applied.

B. If after application of Section 2.24.160 to an incumbent’s rate of pay results in a rate that is within the inter-quartile range of the salary grade—an increase of up to two percent of the midpoint will be applied.

C. If after application of Section 2.24.160 to an incumbent’s rate of pay results in a rate that is within the fourth quartile of the salary grade—an increase of up to one percent of the midpoint will be applied.

Such adjustments to be made on January 1st, after the rating year.

For incumbents of titles covered by Part I, Section II, of the salary ordinance passed pursuant to this chapter, who have demonstrated fully satisfactory performance in the rating year (January 1st through December 31st), a step increase on January 1st of the following year until the maximum of the pay range has been reached. (Ord. 2411-15 § 4 (part), 2015: Ord. 2386-14 § 1, 2014: Ord. 2377-14 (part), 2014: Ord. 2303-12 § 1 (part), 2012: Ord. 2273-11 § 1, 2011; Ord. 2179-09 § 2, 2009; Ord. 2131-08 § 1 (part), 2008)

2.24.180 Flexible schedule and overtime.

Unless otherwise provided, no incumbent of a title listed in Part I, Sections I, III, and IV of the salary ordinance adopted annually pursuant to this chapter shall be eligible for cash overtime payments or compensatory time off at the rate of time and one-half (1.5x). The rates of pay established for these titles are in recognition that a certain amount of overtime is considered normal and appropriate for supervisory and management titles. Such employees, with department head approval, work on a flexible schedule, so that the daily work schedule may be adjusted from time to time as necessary and appropriate to fulfill assigned duties and responsibilities. Such adjustments may include starting and quitting times that are earlier or later than established in the normal work schedule of the department, and may include more or less than eight hours in any particular day and more or less than forty (40) hours in any particular week. These provisions shall not be construed as allowing compensatory time off at more than 1.0x, allowing time off for extended personal illness without charge to sick leave, or allowing time off for extended vacation.

Incumbents of titles contained in Part I, Section II, (technical and clerical) of the salary ordinance adopted annually pursuant to this chapter shall be eligible for compensatory time off at the rate of 1.5x in lieu of cash payment for overtime worked in excess of forty (40) hours per workweek, provided an enabling agreement between the employee and the city is reached. Such compensatory time off balances shall be capped at one hundred twenty (120) hours earned. Any compensatory time hours earned in excess of this limitation shall be paid out in cash.

Incumbents of the title of “Sergeant” shall be eligible for compensatory time off at the rate of 0.5x for hours worked in excess of the normal work schedule, but only until total hours worked exceed one hundred seventy-one (171) hours per twenty-eight (28) day work cycle. Sergeants are eligible for cash payment for overtime worked in excess of one hundred seventy-one (171) hours per twenty-eight (28) day pay cycle. (Ord. 2411-15 § 4 (part), 2015: Ord. 2303-12 § 1 (part), 2012: Ord. 2131-08 § 1 (part), 2008)

2.24.190 Fair Labor Standards Act compliance.

In accordance with the provisions of the federal Fair Labor Standards Act, the human resources director shall be responsible for determining which titles are exempt from the overtime provisions of the act and to develop and establish the necessary payroll record keeping, payment inclusions, and payroll practices to assure good faith compliance with the act. (Ord. 2303-12 § 1 (part), 2012: Ord. 2131-08 § 1 (part), 2008)

2.24.200 Equal opportunity.

Principles of merit and equity shall prevail in all aspects of the administration of this chapter. The human resources director shall be responsible for ensuring that no employee is discriminated against because of age, race, color, religion, gender, marital status, sexual orientation, disability, national origin, creed, political affiliation or ancestry in regard to any personnel action governed by this chapter. (Ord. 2303-12 § 1 (part), 2012: Ord. 2131-08 § 1 (part), 2008)

2.24.210 Salary chapter prevailing.

To ensure stability of employee compensation, in the event the contents of this chapter contravene the contents of other city ordinances, the contents of this chapter shall prevail. (Ord. 2303-12 § 1 (part), 2012: Ord. 2131-08 § 1 (part), 2008)