Repealing and Recreating Chapter 13, Personnel Ordinance, of the Sauk County Code of Ordinances

NOW, THEREFORE, THE SAUK COUNTY BOARD OF SUPERVISORS DOES ORDAIN AS FOLLOWS:

Section 1.  Any existing ordinances, codes, resolutions, or portions thereof in conflict with this ordinance shall be and hereby are repealed as far as any conflict exists.

Section 2.  This ordinance shall take effect the day after passage and publication as required by law.

Section 3.  If any claims, provisions or portions of this ordinance are adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby.

            Section 4. Chapter 13 of the General Code of Sauk County is being repealed and recreated as follows: [additions noted by underline, deletions noted by strikethrough]:

SUBCHAPTER I. GENERAL PROVISIONS

Sec. 13.001. Purpose.

The general purpose of this personnel ordinance is to provide a framework for the consistent and fair administration of County personnel policy, to establish a clear understanding of responsibility and authority, and to establish a system of personnel administration that meets the needs of Sauk County government. This system shall include policies and procedures to recruit, select, develop, and maintain an effective, efficient, and responsible work force for the County while complying with federal and state laws and regulations. Nothing in this personnel ordinance is intended to abrogate or be inconsistent with any applicable Wisconsin state law or applicable federal law.  In the event of a conflict between state or federal law and this personnel ordinance, the applicable state or federal law shall apply.   

Sec. 13.002. Definitions.

For the purposes of this chapter, certain words and terms are defined as follows:

Administration and Management Manual means the Sauk County Administration and Management Manual developed and maintained by the Sauk County Administration Department.

Administrator means the Sauk County Administrator.

Classification Plan means the Sauk County Classification Plan.

Compensation Plan means the Sauk County Compensation Plan.

County means Sauk County.

County Board means the Sauk County Board of Supervisors.

Department Head means the employee responsible for the overall operation of a County Department who reports directly to the County Administrator or the Department’s Oversight Committee.

Employee Handbook means the Sauk County Employee Handbook Policies and Procedures.

Oversight Committee means the board, committee board, or commission designated to oversee a particular County Department. Personnel Committee means the Sauk County Board of Supervisors Personnel Committee.

Sec. 13.003. Scope.

(1)           This ordinance does not create a contract of employment and may be amended at any time by the County Board.  Amendments shall supersede the sections modified or eliminated.  

(2)           This ordinance shall apply to personnel administration for all County employees and departments of the County except as otherwise provided.

(3)           This ordinance shall not apply to:

(a)           Members of the Sauk County Board.

(b)           Elected County officials except where expressly applicable.

(c)           Members of boards, commissions, committees, and judges when they are acting in that capacity.

(4)           For County employees under individual employment agreements and for employees covered by collective bargaining agreements, this ordinance applies unless the specific contract provides to the contrary and in such case, the contract terms shall control so long as the contract terms were approved by the County Board.  

(5)           In any instance where the provisions of this ordinance conflict with any provision of state or federal law, the state or federal law shall prevail. 

Sec. 13.004.  Employee Handbook, Administration and Management Manual, and other personnel policies.

(1)           In addition to this ordinance, the County shall create and maintain an Employee Handbook as a tool for providing general policy guidance to County employees.

(a)           The Human Resources Department is responsible for maintaining the Employee Handbook.

(b)           Employees shall sign and return an acknowledgment sheet signifying receipt and understanding of the contents of the Employee Handbook to the Human Resources Department to be filed in the employee’s personnel file, as further described in the Employee Handbook.

(c)           The Employee Handbook may be modified or amended as set forth in Sec. 13.00(4) below.            

(2)           The Human Resource Director and County Administrator may implement policies relating to supervisory roles, oversight or other personnel matters that are consistent with this ordinance in the Administration and Management Manual.  Revisions to the Administration and Management Manual shall be reviewed and approved pursuant to the process set forth in Sec. 13.004(3)(a)-(b).

(3)           The Human Resource Director and Personnel Committee shall also have authority to implement policies consistent with this ordinance Personnel policies.  Such personnel policies shall be promulgated and may be amended as follows.

(a)           The Human Resources Director shall prepare draft personnel policies. Draft policies shall be circulated to the Administrator, Corporation Counsel, and Finance Director prior to the Personnel Committee's consideration of these policies for the submission of written comments and recommendations.

(b)           The Human Resources Director shall consider the comments and recommendations submitted and incorporate those changes if the Human Resources Director deems them appropriate. Where the Human Resources Director deems a recommended change inappropriate, the Human Resources Director shall present the written comments and recommendations to the Personnel Committee, which shall make the final decision.

(4)           The Employee Handbook and the Administration Manual may be amended as follows:

(a)           The Human Resources Director shall prepare draft amendment(s). Draft amendment(s) shall be circulated to the Administrator, Corporation Counsel, and Finance Director prior to the Personnel Committee's consideration of these amendment for the submission of written comments and recommendations.

(b)           The Human Resources Director shall consider the comments and recommendations submitted and incorporate those changes if the Human Resources Director deems them appropriate. Where the Human Resources Director deems a recommended change inappropriate, the Human Resources Director shall present the written comments and recommendations to the Personnel Committee, which shall make the final decision.

Sec. 13.005. Supervisory responsibility.

It is the responsibility of every employee holding a supervisory position to administer this ordinance, the Employee Handbook, the Administration and Management Manual, and any other personnel policies as directed and consistent with state and federal laws.

Sec. 13.006. Changes to the personnel ordinance.

The County may from time to time amend this ordinance as it sees fit. Such amendments shall be approved by the County Board by a simple majority vote of the members present. In the event federal or state mandates are amended that deviate from this ordinance or are held unconstitutional by a court of competent jurisdiction, this ordinance shall be deemed to have been amended automatically at that time.

Sec. 13.007. Rights of the County.

The County reserves unto itself all rights commonly associated with the employer in the employment relationship, including, but not limited to, the following:

(1)           To direct all operations of the County.

(2)           To establish work rules and schedules of work.

(3)           To hire, promote, transfer, schedule, and assign employees to positions within the County.

(4)           To suspend, demote, terminate, and take other disciplinary action against employees for cause.

(5)           To relieve employees from their duties because of lack of work or any other legitimate reason as determined by the County.

(6)           To maintain efficiency of County operations.

(7)           To take whatever action is necessary to comply with state or federal law.

(8)           To introduce new or improved methods or facilities.

(9)           To change existing methods or facilities.

(10)         To determine the kinds and amounts of services to be performed as pertains to County operations, and the number and kind of classifications to perform such services.

(11)         To contract out for goods and services.

(12)         To determine methods, means and personnel by which County operations are to be conducted.

(13)         To take whatever measures to comply with the mandated obligations of the County.

Sec. 13.008. At-will employment.

Employment with the County is voluntarily entered into, and the employee is free to resign at-will at any time, with or without cause. Similarly, the County may terminate the employment relationship at-will at any time, with or without notice or cause.

Sec. 13.0091. Respectful workplace.

Sauk County is committed to providing a work environment that is free of unlawful harassment.

SUBCHAPTER II. EMPLOYEE GRIEVANCE PROCEDURE

Sec. 13.010. Grievances.

The Personnel Committee is directed to establish a grievance procedure pursuant to Sauk County Code Section 13.004 that complies with Wis. Stats. § 66.0509. This procedure may be amended from time to time by the Personnel Committee utilizing the procedures contained in Sec. 13.004(4).

( Ord. No. 4-2021 , 4-20-2021)

SUBCHAPTER III. CLASSIFICATION PLAN

Sec. 13.011. Classification Plan responsibilities.

(1)           The purpose of the Classification Plan is to provide a system of standardized job titles, standardized job descriptions, and equitable position evaluation for the effective administration of essential personnel activities.

(2)           The County will utilize the Classification Plan for the following management functions: strategic planning, budget planning, measurement of job performance, establishment of fair and equitable pay standards, employee selection and recruitment, employee training and development, and career development.

(3)           The Human Resource Department is responsible for the overall development and administration of the Classification Plan, in coordination and cooperation with the Administrator, Personnel Committee, Department Heads, and other appropriate resources.

Sec. 13.012. Administration of the Classification Plan.

(1)           Each position shall be allocated to its appropriate classification within the Classification Plan and within the Compensation Plan, on the basis of duties and responsibilities, by the County Board.

(2)           Each position allocated by the County Board shall have on file in the Human Resources Department, a completed position questionnaire, an approved position description complete with the appropriate FLSA, representation, employment status, and compensation classification.

Sec. 13.013. Establishing positions.

(1)           No regular position may be created except by resolution of the County Board. The County Board shall allocate to each department the number of full-time and part-time positions. Under the authority of the County Board, the Personnel Committee may approve temporary positions.

(2)           The County Board, upon recommendation of the Personnel Committee, may create new classifications or divide, combine, or abolish existing classifications.

(3)           Under extraordinary and unanticipated circumstances, a department seeking an additional position outside of the budget process may submit a written request for the position to the Human Resource Director, the Finance Director, and the Administrator.  Upon review by the Human Resources Director, Finance Director, and the Administrator, the oversight committee shall consider the merits of the request, and if approved, shall forward the request to the Personnel Committee for consideration. The Personnel Committee shall consider the request from the Oversight Committee of the department making the request, review the need for the position, and determine the validity of the extraordinary and unanticipated circumstances that exist that necessitate the creation of this position outside of the budget process. After consideration of the information presented, the Personnel Committee shall approve or disapprove the request. If the Personnel Committee determines either that the request does not meet the "extraordinary and unanticipated circumstances" criterion, or that the need for the position is not sufficient to justify an out-of-budget allocation, the Personnel Committee, in its sole and final discretion, may deny the request, and the request may not be forwarded to the County Board until the next budget cycle.

(4)           Nothing contained in this ordinance shall be construed to require the Personnel Committee or any department to fill all positions allocated by the County Board by majority vote of members seated.

Sec. 13.014. Amendments and maintenance of the Classification Plan.

(1)           Any amendment to the Classification Plan shall be approved by the County Board. 

(2)           The Personnel Committee may conduct an inquiry into the classification of any position upon its own initiative and shall conduct an inquiry upon request of a department head, the Human Resources Director, or written request of any employee, not more than once per year and normally in conjunction with the annual performance appraisal. A position shall not be re-evaluated more than once in any 12-month period without authorization of the Administrator.

(3)           Successful requests for the reclassification of an existing position or classification of a new position shall be placed in the Department's budget request upon final approval of the County Board.

( Ord. No. 4-2021 , 4-20-2021)

SUBCHAPTER IV. COMPENSATION PLAN

Sec. 13.021. Compensation Plan responsibilities.

(1)           Sauk County shall maintain a current Compensation Plan for all non-represented employees. The objective of the County is to provide an appropriate salary structure in order to facilitate the recruitment and the retention of competent employees, and to provide appropriate pay incentives for heightened employee productivity.

(2)           The Personnel Committee or its designee shall be responsible for the development and administration of the Compensation Plan, through periodic reviews and comparative studies of pertinent factors affecting the levels of pay. The Personnel Committee shall recommend amendments of the Compensation Plan to the County Board, when necessary, which shall become effective in accordance with the action of the County Board.

(3)           Each position shall be analyzed by the Human Resources Director or designee evaluating position requests and changes to determine job value. Jobs of similar values shall be grouped in categories called pay bands. Pay bands will be established by the County Board for each position band in accordance with applicable criteria and within the County Board’s reasonable discretion.  Exceptions may be granted as set forth in the Employee Handbook.

(4)           The policies and procedures applicable to the Compensation Plan are set forth in the Employee Handbook.

Sec. 13.012. Administration of the Compensation Plan.

(1)           The Human Resource Department and the Finance Department are jointly responsible for the overall development and administration of the Compensation Plan, in coordination and cooperation with the Administrator, Personnel Committee, other Department Heads, and other appropriate resources.

SUBCHAPTER V. HIRING AND TERMINATION

Sec. 13.027. Hiring wage rate and vacation benefit.

Hiring wage rates and vacation benefits shall be determined in accordance with the terms set forth in the Administration Manual and Employee Handbook. 

( Ord. No. 4-2021 , 4-20-2021)

Sec. 13.028. Filling position vacancies.

Position vacancies shall be filled in accordance with the terms of Administration Manual. 

SUBCHAPTER VI. PERFORMANCE APPRAISALS

Sec. 13.035. Annual performance appraisal procedures.

(1)           The Employee Handbook shall set forth the process of performance appraisals to assist employees in developing effective ways of achieving work goals, as well as review the overall performance of the employees in completing the tasks and meeting the responsibilities assigned to the positions they occupy.

(2)           Supervisors shall perform performance appraisals according to the Employee Handbook and Administration and Management Manual. 

SUBCHAPTER VII. EXCUSED ABSENCES

Sec. 13.038. Vacations.

(1)           Vacation paid time off for regular employees shall be earned based on the length of continuous service of each employee and the hours compensated in the previous accrual period. Regular part-time employees shall accrue vacation on a prorated basis based upon actual hours compensated during the accrual period as compared to full-time employment.

(2)           The Human Resources Department and Personnel Committee may adopt policies relating to vacation, which shall be set forth in the Employee Handbook in accordance with Sec. 13.004(4).   

Sec. 13.040. Holidays.

(1)           In order to be eligible for holiday pay, an employee must be in a paid status. Actual hours paid is the criteria used for determining prorations. Part-time employees shall receive prorated holiday pay.

(2)           Employees and those exempt employees granted overtime pay exception required to work on a holiday shall receive one and one-half times their regular rate of pay for all hours actually worked and shall receive straight time compensatory time off for all hours actually worked on the holiday, in lieu of regular holiday pay. If the employee's compensatory time accrual is at its maximum, the holiday hours in excess of the maximum accrual shall be paid at straight time.

(3)           If any designated holiday falls on a Sunday, the following Monday shall be deemed the holiday. When the holiday falls on a Saturday, the Friday immediately preceding the Saturday shall be deemed the holiday. In the event that Christmas Eve or New Year's Eve falls on a Sunday, the holiday will be observed on the preceding Friday.

(4)           The County has 11 paid holidays::

New Year's Day

Martin Luther King Jr.

Friday before Easter

Memorial Day

Fourth of July

Labor Day

Thanksgiving Day

Friday following Thanksgiving

Christmas Eve Christmas Day

New Year's Eve

Employees and nonessential personnel, as determined by individual Department Heads, shall use the dates listed above as holidays, unless a collective bargaining agreement has different days established.

(5)           Additional policies and procedures applicable to holidays are set forth in the Employee Handbook.

Sec. 13.041. Unpaid leave of absence.

County employees may be eligible for unpaid leaves of absence.  The policies and procedures applicable to unpaid leaves of absence are set forth in the Employee Handbook.

Sec. 13.044. Sick leave.

County employees may earn sick leave.  The policies and procedures applicable to sick leave are set forth in the Employee Handbook.

SUBCHAPTER VIII. BENEFITS

Sec. 13.045. Health insurance.

(1)           County employees may be eligible for health insurance through the County's group health plans.

(2)           The County may continue to offer coverage options, change health insurance carriers, or self-fund coverage at its discretion. 

(3)           The policies and procedures applicable to health insurance are set forth in the Employee Handbook.

Sec. 13.046. Worker's compensation.

All job-related accidents and injuries shall be reported to the Department Head or designee immediately. Forms shall be completed and submitted within 24 hours. In the event time is lost due to an on-the-job injury, compensation will be paid in accordance with the prevailing laws for the State of Wisconsin. An employee entitled to worker's compensation may elect to take as much accumulated sick leave, vacation, compensatory time, or executive leave pay to equal full salary or wage. In no case shall aggregated benefits exceed regular salary or wage. Employees must continue to pay their regular portion of benefit contributions. Employees receiving worker's compensation shall continue to accrue benefits at the same level as if working.

( Ord. No. 4-2021 , 4-20-2021)

Sec. 13.047. Life insurance.

(1)           The County may participate in the State Group Life Insurance Plan. 

(2)           Eligible employees shall pay their required premium in accordance with Wisconsin Statutes and rules of the Wisconsin Group Life Insurance Board.

(3)           The policies and procedures applicable to life insurance are set forth in the Employee Handbook.

( Ord. No. 4-2021 , 4-20-2021)

Sec. 13.048. Flexible spending.

The County may provide flexible spending accounts for eligible employees.  Eligible employees may participate in the Internal Revenue Code (I.R.C.) Section 125 Plan on a voluntary basis.  The policies and procedures applicable to flexible spending accounts are set forth in the Employee Handbook. 

Sec. 13.049. Deferred compensation.

The County may offer a deferred compensation plan.  The policies and procedures applicable to any deferred compensation plan are set forth in the Employee Handbook.

( Ord. No. 4-2021 , 4-20-2021)

Sec. 13.051. Retirement.

(1)           The County participates in the Wisconsin Retirement System (WRS) and shall make contributions to the Employee Trust Fund as required by Wisconsin Statutes and Wisconsin Administrative Code.

(2)           A regular employee may receive retirement benefits subject to WRS rules.

(3)           The policies and procedures applicable to retirement are set forth in the Employee Handbook.

SUBCHAPTER IX. MISCELLANEOUS

Sec. 13.053. Multiple employment within the County.

Employees shall not hold more than one regular, full-time County position, except as approved by the Personnel Committee.

Sec. 13.055. Drug free workplace.

The County is a drug free workplace. Due to the number of employees holding commercial driver licenses (CDL), the County is required to comply with the Wisconsin Department of Transportation regulations for testing employees.  Specific details regarding the County as a drug free workplace are set forth in the Employee Handbook.

Sec. 13.056. Smoke free workplace.

The County is a smoke free workplace. Smoking in any form is prohibited in any buildings or vehicles that are owned, leased or rented by the County.  Specific details regarding the County as a smoke free workplace are set forth in the Employee Handbook.

Sec. 13.057. Alcohol free workplace.

The County is an alcohol free workplace. Alcohol consumption and sale are prohibited in any building or vehicle owned, leased, or rented by the County.  Specific details regarding the County as an alcohol free workplace are set forth in the Employee Handbook.

Sec. 13.059. Safety.

It is the employee's responsibility to comply with all safety requirements set forth by the County or its departments, including but not limited to the safety requirements in the Employee Handbook and specific department policies.

SUBCHAPTER X. EFFECTIVE DATE