Chapter 2.70
REGULATIONS REGARDING NONPOLICE EMPLOYEES
Sections:
2.70.030 Duties of Supervisors.
2.70.040 Disciplinary actions.
2.70.050 Suspension and dismissal in waiver and contract situations.
2.70.110 Causes for suspension or dismissal.
2.70.010 Supervisory control.
The general and supervisory control shall be exercised by the Town Board. The Town Board may, by majority vote, designate a liaison to coordinate office management with the Town Board. The Chief of Police and Department of Public Works Superintendent may act as a liaison to the Town Board with Board approval, although both shall be supervised by the Town Board as a whole. (Ord. 2011-2 § 1. 2008 code § 1.14(1))
2.70.020 Appointments.
The Town Board shall appoint every new employee, who must apply in writing for the job opening when this situation exists. Before appointment, the applicant must pass a satisfactory examination as to physical and educational qualifications, habits, reputation and experience. The Town Board may provide competitive examinations for job applicants. (2008 code § 1.14(2))
2.70.030 Duties of Supervisors.
Each employee acting in a supervisory capacity shall follow the instructions of his/her Committee Chairman. They shall be responsible for the efficient and general good conduct of his department and shall promptly report verbally or in writing, all complaints against any member of his department. (2008 code § 1.14(3))
2.70.040 Disciplinary actions.
1. Suspension and Dismissal. A Supervisor, upon written charges being filed under oath by any individual, may be suspended, with or without pay, by the Town Board before a hearing and dismissed by the Town Board following a hearing. A subordinate may be suspended without pay by the Chairman of the committee under which he is working upon the filing of written charges under oath by any individual and dismissed by the Town Board following a hearing. Hearings by the Town Board shall be open to the public, unless a closed hearing is requested by the supervisor or employee against whom charges have been brought. Written notice of such hearing shall be served upon the supervisor or subordinate within 10 days of suspension, with the hearing to be held not less than 10 days nor more than 45 days after suspension. The charges upon which the suspension is based shall be in writing and must be served upon the employee at the time of service of notice of hearing. If the charges are not found true, the employee shall be reinstated and made whole for the pay loss sustained during suspension, if any. In the event of discharge, fringe benefits shall be continued in effect until the time for appeal has expired and, in the event further recourse is pursued by the discharged employee, until such time as there is a final determination.
2. Hearings. Hearings shall be conducted in conformance with due process. The Town Attorney shall preside for the purpose of and shall have the power to determine all questions of law. The Town Board shall make findings and conclusions and issue its orders based thereon. The Town Chairperson shall issue subpoenas upon request of the employee or the party making the charges. The party making the charges and the employee may be represented by counsel and have the opportunity to present evidence, cross-examine and make arguments. In the event the party filing the charges is a member of the Town Board, they shall not participate as a member of the hearing panel. In the event the party filing the charges is a member of the Town Board, or is a Town official, the Town Board may authorize the expenditure of funds for the legal representation of such Board member or official. (2008 code § 1.14(4))
2.70.050 Suspension and dismissal in waiver and contract situations.
1. Notwithstanding the provision of ETMC 2.70.040, a Supervisor or subordinate may be dismissed or suspended without the necessity of a hearing in the following circumstances:
a. The Supervisor or subordinate had waived the right to a hearing through a signed, written instrument which shall state that the said Supervisor or subordinate wished to waive such right, and which instrument was delivered to the Town Board or the Town Attorney.
b. The said Supervisor or subordinate had contractually waived the right to such a hearing in an employment contract or the like.
2. In the event such a hearing is waived, the employee shall still be entitled to a written statement of the charges upon which the suspension is based. The charges shall then be considered by the Town Board, which the Board may then reinstate the employee, discharge him/her, or give him/her some lesser penalty. In the event of discharge, fringe benefits shall be continued as provided for in ETMC 2.70.040(1). In the event of reinstatement, the employee shall be made whole for pay loss sustained during suspension, if any. (2008 code § 1.14(5))
2.70.060 Examinations.
Every employee shall submit to a physical examination and mental examination when requested by the Town Board. (2008 code § 1.14(6))
2.70.070 Training.
A Supervisor is expected to attend when directed by the Town Chairman all training sessions for his type of work sponsored by the League of Wisconsin Municipalities and other agencies, their expense to be paid by the Town. He/she is also expected to study all publications concerning his/her work which are made available by the Town Board. (2008 code § 1.14(7))
2.70.080 Records and reports.
The Supervisor shall keep a record of all complaints and applications calling for the services of his/her department. (2008 code § 1.14(8))
2.70.090 Hours of duties.
The Supervisor shall regulate the hours of duty of him/herself and subordinates with the approval of the Town Board. (2008 code § 1.14(9))
2.70.100 General rules.
Vacations will be granted as near as possible to dates requested and as working conditions permit. Sickness in excess of three days must be supported by a letter from a doctor. (2008 code § 1.14(10))
2.70.110 Causes for suspension or dismissal.
Causes for suspension or dismissal:
1. Intoxication.
2. Insubordination or disrespect toward a superior employee or any member of the Town Board.
3. Neglect of duty – failure to act.
4. Neglect or disobedience of any order.
5. Absence from duty without leave.
6. Communicating information relating to the Town Board without permission.
7. Making false official statement or entry in official records.
8. Untruthfulness.
9. Sleeping while on duty.
10. Accepting a bribe.
11. Stealing or using Town supplies or equipment for personal use.
12. Dishonesty.
13. Violation of any federal, state, county or local law.
14. Any other act or omission contrary to good order and discipline. (2008 code § 1.14(11))