17.01 COMPENSATION AND CLASSIFICATION UNIFORMITY.
All authorized positions in the service of Milwaukee County shall be compensated and classified in accordance with the duties and responsibilities assigned to the position. Positions assigned duties and responsibilities which are similar and which require similar training, education and experience shall be compensated and classified uniformly. The Director of Human Resources shall determine which authorized positions are either not covered or covered by the Fair Labor Standards Act and for those positions which are covered by the Fair Labor Standards Act the Director of Human Resources shall determine which positions are exempt and non-exempt from the Act's provisions. The Director of Human Resources shall maintain listings of all classifications and ranges of compensation (known as Schedule G prior to December 27, 1987), and a listing of all authorized positions by department (known as Schedule H prior to December 27, 1987) in accordance with the provisions of 17.28 of the County General Ordinances.
17.02 DEFINITIONS.
As used in Sections 17.01 to 17.33, inclusive, the following terms shall have the following meanings, to-wit:
(1) "Service" is used to designate functional divisions of the classified service.
(2) "Group" is used to designate a division of a service, and includes offices and employments having duties of a similar character and standard. Each "Group" includes positions with standard titles, duties, classifications and ranges of compensation.
(3) "Title" is used to designate an authorized office or employment for civil service and fiscal control.
(4) "Definition of duties" is used to specify the work requirements of each position in terms of importance, difficulty and extent of supervision and responsibility attaching thereto.
(5) "Compensation" means the salary and wages set forth in the salary and wage schedules in Sections 17.310, 17.311 and 17.32 of the General Ordinances of Milwaukee County.
(6) "Advancement" designates a salary increase within the range of compensation provided for each position title. Such "advancement" is conditioned upon completion of a given minimum term of meritorious service in the same position and is granted without examination.
(7) "Promotion" designates a change from one position to a position of higher grade involving a change of duties and requires a competitive civil service examination.
(8) "Commission" means the Civil Service Commission of Milwaukee County except where the context indicates other commissions, such as the park commission or election commission.
(9) "County Board" means the Milwaukee County Board of Supervisors.
17.03 APPLICATION OF SPECIFICATIONS FOR PERSONAL SERVICE.
(1) The specifications for personal service including standard titles shall apply to all authorized offices and employments in the departments, institutions, boards and commissions in the classified service of the county government, subject to the conditions and regulations included in this ordinance.
(2) The specifications for personal service shall not in themselves be construed to define or prescribe the organization or procedure under which employees shall work or to limit or restrict the responsible administrative officials in exercising supervision or assigning such other duties as may be necessary in case of emergency.
17.04 STANDARD TITLES.
Standard titles shall be used to designate positions in the classified service in all employment records of the county.
17.05 DETERMINATION OF APPROPRIATE CLASSIFICATION OF POSITION.
The following procedure shall be utilized to ensure that all County positions are appropriately classified based upon the duties assigned to and performed by the incumbents of the position.
(1) Creation of additional positions. Each department is limited to the total number of positions or staffing authorized in the adopted annual budget unless an increase or decrease in the number of authorized positions or staffing is approved by the County Board, subject to the review of the County Executive, during the year. After adoption of the annual budget, the number of authorized positions or staffing may be increased or decreased in accordance with the following procedure:
(a) A request to increase or decrease the number of authorized positions within a department shall be forwarded to the County Board Chairman by the appropriate department head with copies provided to the Director of Human Resources and Director of the Department of Administration. Such request shall include as well as the qualifications, duties, title, and compensation expected for any additional positions. All information shall be provided in the format designated by the Director of Human Resources and Director of the Department of Administration and included in the Administrative Manual.
(b) The Director of the Department of Administration shall review each request with respect to need and appropriateness and file a report with the Finance Committee. The Finance committee shall report its recommendation to the County Board.
(c) The Director of Human Resources shall review all requests for new positions or additional staffing to determine the appropriate classification and pay and file a report with the Personnel Committee. The Personnel Committee shall report its recommendation with respect to classification and pay to the County Board.
(2) Reclassification of Existing Positions A Department Head, Appointing Authority or bargaining unit representative authorized by contract may ensure that an existing position is appropriately classified by:
(a) Submitting a reclassification request with respect to an existing position to the Director of Human Resources. All requests, except those submitted by a bargaining representative authorized by contract, shall include an updated position description, detailed information regarding the duties assigned to the position, a summary of the change in duties and other pertinent information in a format designated by the Director of Human Resources. In the event a reclassification request is submitted by an authorized bargaining unit, the head of the department where the position is authorized shall provide the Director of Human Resources with the above noted documents in a timely manner.
(b) The Director of Human Resources shall review the duties assigned to the position as well as any other information provided and submit a recommendation to the requestor.
(1) In the event the requestor concurs with the recommendations of the Director of Human Resources to reclassify a position, the recommendation shall be included on a report distributed to all County Board Supervisors.
(2) In the event the requestor does not concur with the recommendation of the Director of Human Resources both parties may request or provide such additional information as may clarify the appropriate classification for the position. After reviewing the additional information, If both parties concur that a reclassification is appropriate the recommendation of the Director of Human Resources shall be included in a report distributed to all County Board Supervisors.
(3) In the event the requestor and the Director of Human Resources cannot agree on the appropriate classification for an existing position either party may appeal to the Personnel Committee within thirty (30) days of receiving notice of the Director of Human Resources final recommendation. Both parties shall submit a written summary of the rationale for their opinion to the Personnel Committee as well as any other information deemed appropriate. The decision of the County Board on the Personnel Committee recommendation subject to review by the County Executive shall be final and if a change in classification is approved it shall be implemented the first day of the pay period following that in which a resolution adopted by the County Board has been approved by the County Executive and in compliance with collective bargaining agreements.
(c) All reclassification studies shall also be subject to the following:
(1) The Director of Human Resources shall have the authority to administratively add or delete title codes and classifications from the listing of authorized classifications.
(2) The Director of Human Resources shall have the authority to initiate a review of the classification of any authorized position if he/she feels such a review is appropriate.
(3) After adoption of the annual budget no departmental appropriation shall be increased because of the findings of a reclassification review unless a fund transfer is approved by the County Board subject to County Executive review. The Director of Human Resources shall have the responsibility and the authority to reclassify any position to an existing or new classification providing that the Department of Administration has certified that sufficient funds are available within the then existing appropriation of the department within which the position is being reclassified. In the event sufficient funds are not available to cover the cost of reclassifying an existing position, it shall be the Department Head's responsibility to submit a request for fund transfer. In the event the fund transfer is not approved, the Department Head shall restructure the duties of the position to ensure that the existing classification is appropriate. On a monthly basis, the Department of Administration shall be provided with a copy of the reclassification request and a report from the Department of Human Resources which includes the existing and new hourly salary rate for each reclassified position.
(4) An employee who holds a position which is reclassified to a higher pay range shall receive an increase to the next rate in the new pay range which is higher than the rate of pay received in the old pay range or as otherwise approved by the Personnel Committee subject to County Board and County Executive action.
(5) A vacant position reclassified to a classification in a lower pay range shall be implemented the first day of the first pay period following the meeting of the Personnel Committee in the event no action was taken on the specific recommendation contained in the informational report submitted to Committee by the Director of Human Resources. When a filled position is reclassified to a classification in a lower pay range, the incumbent shall be placed on the layoff/recall list for an indefinite time period, without bumping rights, for the higher classification or a comparable classification if the classification is unique and the reclassification shall not be implemented until the position becomes vacant or the incumbent is relocated. In the event the incumbent refuses an offer to be relocated, the position shall be reclassified to the classification in the lower pay range the first day of the first pay period following his/her refusal to be relocated.
(6) The effective date of a reclassification shall determine the date upon which an employee who occupied the position shall become eligible to receive salary increments until the maximum rate of pay for the range is achieved.
(7) Monthly while a reclassification is pending, the Director of Human Resources shall provide a report to the Personnel committee which lists all position reclassification which the Director intends to approve, along with a fiscal note for each. This report shall be distributed to all County Supervisors and placed on the Personnel Committee agenda for informational purposes. If a County Supervisor objects to the decision of the Director of Human Resources within seven working days of receiving this report the reclassification shall be held in abeyance until resolved by the County Board, upon recommendation of the Personnel Committee, and subsequent County Executive action. If no County Supervisor objects, the reclassification shall be implemented the first day of the first pay period following the meeting of the Personnel Committee and in compliance with collective bargaining agreements. In the event the County Board takes no action on a reclassification, after receipt of a recommendation from the Personnel Committee, the reclassification shall be implemented the first day of the first pay period following action by the County Executive or, in the event of a veto, final County Board action and in compliance with collective bargaining agreements.
17.055 REALLOCATION OF EXISTING NON-REPRESENTED CLASSIFICATIONS, WITH THE EXCEPTION OF ELECTED OFFICIALS AND CONSTITUTIONAL OFFICERS.
Whenever labor market conditions or other factors indicate that compensation for existing classifications is not sufficient to recruit and retain qualified employees a Department Head or Appointing authority may request the Director of Human Resources to review the compensation provided for the classification:
(1) The Director of Human Resources shall review the request and inform the requestor of his/her findings. All recommendations of the Director of Human Resources to reallocate a non-represented classification shall be included in a report distributed to all County Board Supervisors. In the event the requestor does not concur with the Director's recommendation it may be appealed to the Personnel Committee within thirty (30) days of receipt of such notice. The decision of the County Board on the Personnel Committee recommendation, subject to review by the County Executive, shall be final. In the event the County Board approves an adjustment in the level of compensation for a classification the action shall be implemented the first day of the pay period following that in which the resolution adopted by the County Board is approved by the County Executive.
(2) After adoption of the annual budget no departmental appropriation shall be increased because of a reallocation review unless a fund transfer is approved by the County Board, subject to County Executive review. The Director of Human Resources shall have the responsibility and the authority to reallocate any position(s) to an existing or new pay range providing that the Department of Administration has certified that sufficient funds are available within the existing appropriation of the Department within which the classification(s) is being reallocated. On a monthly basis, the Department of Administration shall be provided with a copy of the reallocation request and a report from the Department of Human Resources which includes the existing and new hourly salary rate for each reallocated position.
(3) Upon implementation of a reallocation which increases compensation incumbents of the classification shall have their rate of pay adjusted to the same step of the new pay range as they were receiving in the old pay range. In the event a classification is reallocated to a lower pay range, the incumbents of the classification shall have their salary adjusted to that step of the new pay range which is closest to the rate of pay received in the old pay range providing an increase does not result. Implementation of a reallocation shall not alter an employee's anniversary date for potential receipt of an increment.
(4) Monthly while a reallocation is pending, the Director of Human Resources shall provide a report to the Personnel Committee which lists all classification reallocations which the Director intends to approve, along with the fiscal note for each. This report shall be distributed to all County Supervisors and placed on the Personnel Committee agenda for informational purposes. If a County Supervisor objects to the decision of the Director of Human Resources within seven working days of receiving this report the reallocation shall be held in abeyance until resolved by the County Board, upon recommendation of the Personnel Committee, and subsequent County Executive action. If no County Supervisor objects, the reallocation shall be implemented the first day of the first pay period following the meeting of the Personnel Committee. In the event the County Board takes no action on a reallocation, after receipt of a recommendation from the Personnel Committee, the reallocation shall be implemented the first day of the first pay period following action by the County Executive or, in the event of a veto, final County Board action.
17.06 EFFECTIVE DATE OF AMENDATORY ORDINANCES AND RESOLUTIONS PROVIDING FOR CHANGES IN COMPENSATION.
Changes which increase compensation of existing positions or the creation of any positions which are made by ordinance effective upon a specific date as designated in such ordinance shall, if adopted by a two-thirds vote of the members-elect of the county board, be construed to be effective as of the first day of the pay period following such specifically designated date or the date of publication of the ordinance, whichever is later. Where such change is effected by a resolution which is adopted by a two-thirds vote of the members-elect of the county board, such resolution shall be construed to be effective as of the first day of the pay period following its adoption by the board. If such ordinance or resolution is not adopted by a two-thirds vote of the members-elect of the county board, but nevertheless receives the affirmative vote of a majority of a quorum, it shall be construed to be effective on the first day of the biweekly pay period beginning in the calendar year succeeding the year of adoption such ordinance or resolution, provided that if the last pay period beginning is such calendar year of adoption includes one week or more in the succeeding year, such ordinance or resolution shall become effective at the beginning of that pay period. Any ordinance not containing a designated effective date shall be construed to be effective as provided in the last preceding sentence. Changes which decrease compensation of existing positions which are made by ordinance effective upon a specific date as designated in such ordinance shall, if adopted by the affirmative vote of a majority of a quorum, be construed to be effective as of the first day of the pay period following such specifically designated date or the day of the pay period following such specifically designated date or the date of publication of the ordinance, whichever is later.
17.07 QUALIFICATIONS AND PROMOTION REQUIREMENTS; AMENDMENT.
The commission may amend from time to time the qualifications and promotion requirements for positions in Schedule G.
17.08 TEMPORARY APPOINTMENTS. TEMPORARY POSITIONS
(1) Temporary Appointments within Authorized Quota of Permanent Positions. The Director of Human Resources is hereby empowered to authorize the proper appointing authority to make temporary appointments to positions in the county service within the authorized quota of permanent positions in the department. Such temporary appointments shall be made in accordance with the rules of the Civil Service Commission and ss. 63.01 to 63.17, inclusive, Wisconsin Statutes.
(2) Temporary Positions and Appointments Not Within Authorized Quota of Permanent Positions.
(a) Request for authority to create positions of a temporary nature in excess of the quota of permanent positions shall be made by a department head to the Department of Human Resources and the Department of Administration. The Department of Human Resources shall submit a recommendation regarding the classification and pay and the Department of Administration shall submit a recommendation regarding the necessity for the positions to the proper departmental Committee of the County Board. Such Committee shall make a recommendation to the full County Board with respect to the request. After approval by the County Board of Supervisors and County Executive, the County Clerk shall immediately inform the appropriate department head and the Department of Human Resources of the County Executive's action on such request. The authority for temporary positions shall extend for no more than six months from the date an initial appointment has been made. In the event an appointment to the position is not made within forty-five (45) days of the County Executive's approval or County Board override of a veto, the authority for such position shall expire no more than six months after the date the County Board of Supervisors first acted on such request.
(b) Request for authority to extend the time of temporary positions beyond six months shall be submitted to the County Board and referred to the Personnel and Finance Committees and the Department of Administration. The Department of Administration shall submit a recommendation regarding the necessity for the extension of such temporary positions to the Finance Committee as soon as possible.
(3) Return from Military Leave.
(a) Upon the return of any employee from any leave of absence to serve in the military or naval forces of the United States, he shall be restored to his former position or to a position having similar character and standards of duties and compensation provided that:
(1) he presents a certificate or other evidence that he has satisfactorily completed his period of training or service,
(2) he is still qualified to perform the duties of such position,
(3) he makes application for re-employment within ninety (90) days after he is relieved from such training or service,
(4) the employer's circumstances have not so changed as to make it impossible or unreasonable to so restore such person.
(b) Service toward seniority or salary advancement shall be deemed not to be interrupted by such military service, provided that persons occupying a probationary status on commencing such military service shall revert to such status upon reinstatement.
(c) Upon the return of any employee from leave of absence to service in the military or naval forces of the United States, or in the civilian service of the United States, upon its request, the temporary services of the employee filling his position shall be immediately terminated. If the position had been filled by promotion, the employee so promoted shall be returned to his former classification and position.
(d) No leaves of absence for military or naval service are to be granted to employees holding temporary positions at the time an application for such leave is made.
17.085 TEMPORARY ASSIGNMENT TO A HIGHER CLASSIFICATION.
Non-represented employees may be assigned to perform the duties of a position in a higher classification and shall be paid as though promoted to the higher classification under the following conditions:
(1) If the position is permanently vacant and a certification request has been forwarded to the Department of Human Resources a temporary assignment may be made and may continue for no more than ninety (90) days after the Director of Human Resources has provided a certified list of candidates eligible for appointment to the vacancy.
(2) If the position is temporarily vacant a temporary assignment may be made for the duration of the temporary vacancy, but shall not exceed one year.
(3) Employees on a temporary assignment shall receive the higher rate of pay if the assignment includes all duties of the higher level position and such duties are performed for at least three (3) consecutive scheduled working days. However, a department head, deputy department head, associate department head or immediate assistant department head shall not be eligible to receive the higher rate of pay if the assignment lasts less than six weeks.
(4) This section shall not apply to positions represented by certified bargaining representatives.
(5) The provisions of this ordinance in (1) and (2) above may be waived, for good reason, only upon approval of the County Board. The decision of the County Board on the Personnel Committee's recommendation, subject to review by the County Executive, shall be final and shall be effective the pay period after the resolution adopted by the County Board is approved by the County Executive.
(6) All resolutions and ordinances relating to temporary assignments to a higher classification adopted by the County Board prior to the adoption of this section are hereby repealed.
(7) Employees in the unclassified service may receive a temporary assignment to another unclassified position for the duration of its vacancy, but no more than six months, unless an extension beyond six months is approved by the County Board.
(8) A report listing all temporary assignments to a higher classification shall be prepared by the Department of Human Resources and shall be forwarded to the Personnel Committee monthly for informational purposes.
17.09 SALARY RATE ON NEW APPOINTMENTS.
Appointments to newly created or vacant positions in pay ranges shall be made at the first step of the range except as follows, unless otherwise specified in a collective bargaining agreement:
(1) When an employee is promoted from one classification to another he/she shall be placed in that step of the new range immediately above the compensation he is receiving at the date of promotion without further review.
(2) A Department Head may appoint an individual whose training and experience exceed the minimum qualifications to a non-ECP position at a rate of pay higher than the first step of the pay range which shall be effective immediately upon appointment.
(3) The Director of Human Resources shall provide a monthly report to the Personnel Committee which lists all new appointments at an advanced step of the pay range which the Director intends to approve, along with a fiscal note for each. This report shall be distributed to all County Supervisors and placed on the Personnel Committee agenda for informational purposes.
17.10 ADVANCEMENT WITHIN A PAY RANGE.
The incumbent of a position shall be advanced to the next highest rate of pay in the pay range provided for the classification only upon meritorious completion of 2,080 straight time hours paid. Deviation from this requirement is permissible under the following conditions:
(1) A department head may permit an employee to be advanced one additional step in the range if advancement to the next highest rate above the rate originally received results in a pay increase of less than twenty-one (21) cents per hour.
(2) The Director of Human Resources may approve the request of any department head to advance a promoted employee or incumbent of a reclassified position one additional step in the range if the employee would have advanced in the classification from which they were promoted to the same rate of pay within ninety (90) days of the promotion. The decision of the Director of Human Resources may be appealed to the Personnel Committee within thirty (30) days of notice. The decision of the County Board on the Personnel Committee recommendation, subject to review by the County Executive, shall be final.
(3) Department Heads:
(a) Who have adopted the annual performance appraisal system revised in 1986 and approved by the Director of Human Resources may advance an employee who has exhibited exemplary performance up to two steps in the pay range providing the Director of Human Resources has verified that the performance evaluation system has been implemented in the appropriate manner. Such advancements shall be implemented in accordance with (4) of this section.
(b) May request an advancement in the pay range for an employee who holds a position which is critical to the operation of their department if the request is necessary to retain the employee in County service. The request may be implemented upon approval of the Director of Human Resources, in accordance with (4) of this section.
(c) In (a) and (b) above the decision of the Director of Human Resources may be appealed to the Personnel Committee within thirty (30) days of notice. The decision of the County Board on the Personnel Committee's recommendation, subject to review by the County Executive, shall be final and shall be implemented the first day of the first pay period following review by the County Executive, or in the event of a veto, final County Board action.
(4) Monthly while any advancements within a pay range requested by departments, pursuant to (3)(a) and (3)(b) are pending, the Director of Human Resources shall provide a report to the Personnel Committee which lists all such advancements which the director intends to approve, along with a fiscal note for each. This report shall be distributed to all County Supervisors and placed on the Personnel Committee agenda for informational purposes. If a County Supervisor objects to the decision of the Director of Human Resources within seven working days of receiving this report the advancement shall be held in abeyance until resolved by the County Board, upon recommendation of the Personnel Committee, and subsequent County Executive action. If no County Supervisor objects, the advancement shall be implemented the first day of the first pay period following the meeting of the Personnel Committee. In the event the County Board takes no action on an advancement, after receipt of a recommendation from the Personnel Committee, the advancement shall be implemented the first day of the first pay period following action by the County Executive or, in the event of a veto, final County Board action.
17.11 BUDGETARY PROVISION FOR SALARY ADVANCEMENT; EFFECTIVE DATE OF SALARY INCREMENTS.
(1) Provision shall be made in the annual budget for anticipated salary increases due to progress of employees through their salary range.
(2) For the purpose of considering length of service in connection with salary increments within established ranges of compensation, such increments shall be made effective as of the first day of the biweekly pay period beginning after the required period of service was completed in accordance with schedules adopted and established by the county board.
17.12 INCREASE ABOVE MAXIMUM RATE; WHEN.
An increase above the maximum compensation rate of an existing position shall not be made except in case of increased duties or responsibilities which actually involve a change of position. Whenever the county board shall have advanced an office or employment in the classified service to a higher grade than theretofore existed, and increased the compensation thereof, no payment of such advanced salary shall be made to the officer or employee filling such position until such time as certification has been made to the higher grade, in accordance with the county civil service laws, rules, and regulations.
17.13 PROMOTIONS.
Promotions from one grade to a higher grade of position in the classified civil service shall involve a change of duties and shall be made only when a vacancy has been created by resignation, transfer, death or dismissal, or when a new position shall have been created. Promotion shall only be made after a competitive civil service examination.
17.14 EMPLOYMENT DEFINITIONS.
(1) Payment for Full-time Employment. The compensation represents the remuneration for full-time employment except in those cases where it is specifically stated that the rates of pay are a proportionate part of the total compensation and are for part-time employment. Only one full-time employee may occupy an authorized full-time position on an active basis. When the need arises, a department head or appointing authority may request approval from the County Board to actively employ more than one active full-time employee in a full-time authorized position for a specified period of time. Such requests shall be considered by the Committee on Personnel after receipt of a report from the Director of Human Resources.
(2) Payment for Part-time Employment.
(a) Whenever necessary to maintain essential services, one or more employees may be assigned to any full-time position on a part-time basis and, when performing part-time services, they shall be paid on an hourly basis determined by dividing the biweekly rate by eighty (80). The total of the designated work week hours for the employees so assigned to any full-time position shall not exceed forty (40) hours.
(b) Whenever necessary to engage employees for seasonal work in the parks, such employees may be paid on an hourly basis equivalent to the biweekly compensation divided by eighty (80), provided that the total annual hours of employment shall not exceed 2,080 and provided further that they shall receive increments in the compensation range after the completion of each period of employment totaling 2,080 hours until the maximum salary is reached.
(c) In specified part-time positions, the department head and the commission may recommend to the county board the proportion of the full-time compensation which shall be paid for such service and the county board shall determine the proportion to be paid.
(3) Units of Pay.The compensation is expressed in terms of dollars per biweekly period, except where otherwise specifically indicated. It will be permissible in the interest of the service to pay equivalent compensation on any other time basis; provided that such special time basis shall be as recommended by the commission and as adopted by the county board.
(4) Maintenance and Maintenance Charges.
(a) All physicians, medical directors, hospital administrators, superintendents and the director of institutions and departments at the county institutions who are required to live on the grounds of the institutions may be furnished with a residence including all utilities, without charge. The zoological gardens director shall be furnished the existing zoo residence rent free, but shall have to pay all utilities. This provision shall be limited to the present zoological gardens director and shall not apply to his successors unless authorized by the county board. Provisions of this section shall be in effect only during the tenure of incumbents as of February 12, 1980.
(b) All other employees required to live at the county institutions shall be charged for rooms or apartments furnished at any county institution or other county building as a payroll deduction on the following basis:
for a single room (SR) .......................................$6.90 biweekly
for an apartment of two rooms (A2) ................ $11.50 biweekly
for each additional room (A3,4,etc.) ...................$2.30 biweekly
In computing charges for apartments, an adjoining bathroom will be considered as an additional room, but a kitchen will not. Where a bathroom adjoins two rooms and is used by the occupants of both rooms, the charge for the bathroom shall be divided between the occupants and each occupant shall be charged on the basis of 1-1/2 rooms, or $9.20 biweekly; provided, however, that if room adjoining a bathroom is occupied by more than one person, each person shall be charged a minimum rate equivalent to that charged for a single room.
(c) Interns, residents, and students living on the grounds at the county institutions and appointed on or after September 23, 1973, shall be charged for rooms or apartments furnished at any county institution or other county building as a payroll deduction on the following basis:
Sergeant Hall .................................................. $20.00 biweekly
Unit II Annex .................................................... 14.00 biweekly
(one room with private bath) ..............................24.00 biweekly
10435 Watertown Plank Road ..........................18.00 biweekly
(d) All employees who receive laundry services, except those listed in 17.14(4)(a) who are required to live on the grounds of the institutions, shall be charged for such service by a payroll deduction on the basis of $4.60 biweekly.
(e) The board of public welfare or the committee on county institutions for institutions and departments not under the jurisdiction of the board of public welfare may authorize the serving of meals to other employees, but shall require that such meals be paid for on the basis of reasonable rates to be approved by the board of public welfare or the committee on county institutions, and as a matter of convenience, may permit employees to purchase meal tickets.
(f) Residences under the jurisdiction of the board of public welfare or the park commission which are not required for the housing of physicians, medical directors, hospital administrators or institutional superintendents and directors may be rented to employees or the general public, furnished or unfurnished, and inclusive or exclusive of heat, light, gas, water or telephone, based upon a competent appraisal thereof; provided, however, that all rates to be charged to employees shall also be approved by the civil service commission. Rental charges may be made as a payroll deduction. Any deductions in force at the time of the adoption of this ordinance shall continue in effect until an appraisal is made and approved pursuant to the provisions of this paragraph.
(5) Special Transportation Allowance.
(a) Whenever the head of a county department or institution determines that the performance of official duties for the benefit of the county requires the regular use of an automobile by an employee, he may authorize that such employee may use his personally owned automobile in the performance of such duties.
(b) Reimbursement for the regular use of such personally owned automobile will be at the rate of 20.5 cents per each mile traveled on county business. The payment for the use of such personally owned automobile shall be made each month on voucher of the amount due signed by the employee and approved by the head of the department or institution in which the employee is assigned. If either the Internal Revenue Service for tax purposes or the Federal Government for purposes of expense reimbursement of its own employees adopts a figure greater or less than 22.5 cents per mile traveled by automobile, the county shall do likewise within thirty (30) days of such adoption, unless such action is not possible under the terms of the labor contract agreed to by the bargaining unit representing the employee.
(c) Any employee who uses public transportation on county business shall be reimbursed for each official trip taken and paid for by the employee. The employee shall be reimbursed for each such trip at the rate of a single fare bus ticket, but the total reimbursement for each week shall not exceed the rate for a single zone weekly bus pass. The payment for the use of public transportation shall be made each month on a voucher of the amount due signed by the employee and approved by the head of the department to which the employee is assigned.
(6) Extra Payment for Shift Assignment. Employees in the classified service, including those in the building and mechanical trades group in Section 17.32(2)(c), except part-time and seasonal employees, employees paid on an hourly or per call basis. Employees in title codes 347, 352, 352.6, 353, 356, 357, 358, 359, 360, 361.2, 361.5, 361.7, 362.1, 371.5, 372, 375, 376, 377, 378, 615, 616, 617, 618, 618.1, 642, 642.1, and 742, employees in the Executive Compensation Plan and employees in pay range 30M or above, shall receive a shift differential of 35 cents per hour for all hours worked during shifts beginning at or after 2:30 p.m. and ending at or before 7:15 a.m., unless otherwise as may be provided for in collective bargaining unit agreements. Any non-represented supervisory nursing or laboratory employee who supervises employees represented by the Federation of Nurses and Health Professionals, shall receive the same extra payment for shift assignment as do employees covered by the Federation of Nurses and Health Professionals Collective Bargaining Agreement. Employees, whose shifts do not begin or end as indicated above are to be paid 35 cents per hour for all hours worked between 6:00 p.m. and 7:00 a.m. However, no shift differential payment shall be made for any fraction less than one-half hour worked, and said 35 cents per hour shall not be considered as part of the salary for purposes of computing vacation, sick leave or holiday rates of pay.
(7) Milwaukee County Health Plan (Fee For Service with Major Medical, Health Maintenance Organizations (HMO's) and Medicare Insurance). Group hospital and medical benefits shall be provided for eligible employees upon application of each employee in accordance with enrollment procedures established by the County. Eligible employees may choose to enroll in the Milwaukee County Health Plan (fee for service) or in a Health Maintenance Organization (HMO) approved by the County. Benefits shall be provided for in accordance with the terms and conditions of the Plan Document and the Group Administrative Agreement for the Milwaukee County Health Plan (fee for service) or the insurance contract of any Health Maintenance Organization approved by the County. On an annual basis, as determined by the County, eligible employees may change the plan selected. The County shall participate in the payment of the monthly costs or premiums for such benefits as follows, unless collective bargaining agreements specify otherwise:
(a) For coverage on and after January 1, 2001, each eligible employee enrolled in the Milwaukee County Health Plan shall pay $80.00 per month toward the cost of a single plan, or $100.00 per month toward the cost of a family plan.
(b) For coverage on and after January 1, 2001, each eligible employee enrolled in a Health Maintenance Organization shall pay $80.00 per month toward the cost of a single plan or $100.00 per month toward the cost of a family plan.
(c) Retired members of the County Retirement System who are eligible for continuing their health insurance benefits at County expense under the provision of (h) of this section shall be eligible for reimbursement of the cost of their Medicare Part B premiums, as well as the Medicare Part B premiums of their eligible spouse and dependents.
(d) The provisions of (a) and (b) shall apply to all employees in the unclassified service of Milwaukee County, except those in following title codes 800, 830, 834, 835, 836, 839, 851, 853, 854, 854.1, 854.9, 855, 855.1, 855.2, 855.3, 855.4, 855.5, 855.9, 856, 856.1, 856.2, 856.3, 856.4, 856.5, 856.6, 856.7, 857, 857.1, 857.2, 858, 858.1, 858.2, 858.3.
(e) The provisions of (a) and (b) shall not apply to seasonal and hourly employees. An hourly employee shall be considered to be one who does not work a uniform period of time within each pay period and shall include an employee who works a uniform period of time of less than twenty (20) hours per week.
(f) The provisions of (a) and (b) shall apply to employees on an unpaid leave of absence covered by Workers Compensation.
(g) The provisions of (a) and (b) shall apply for a period of one year to eligible employees who exhaust their sick leave because of illness and must take a leave of absence without pay. The one year period of limitation shall begin on the first day of the month following that in which the leave of absence begins. An employee must return to work for a period of sixty (60) calendar days with no absences for illness related to the original illness in order for a new one-year limitation to commence.
(h) The County shall pay the full monthly cost of providing such coverage to retired members of the County Retirement System with fifteen (15) or more years of creditable pension service as a County employee, to individuals who are retired members of the County Retirement System who have at least 7-1/2 years of creditable pension service as a County employee and have also retired after fifteen (15) or more years of service as a City of Milwaukee employee, to retired members of the County Retirement System who became members due to a functional transfer from the City of Milwaukee and have a total of fifteen (15) or more years of creditable pension service, to retired former employees of United Regional Medical Services, Inc. who were employed by the county as of December 31, 1991, and who have fifteen (15) or more years of aggregate service with the County, United Regional Medical Services, Inc., and United/Dynacare LLC, and Froedtert Memorial Lutheran Hospital (Radiology Department) to retired employees with fifteen (15) or more years of service as a County employee in a teaching position, to beneficiaries of the foregoing employees who continue to receive benefits from the County Retirement System after the death of such employee, and to persons receiving survivorship benefits under Section 201.24 (6.4) of the county pension ordinance. The provisions of this subsection are considered a part of an employee's vested benefit contract as more fully set forth in 201.24 (5.91). Upon the death of any retiree, only those survivors eligible for health insurance benefits prior to such retiree's death shall retain continued eligibility in the County Group Health Benefit Program. Service as a County employee not to exceed six months under an emergency appointment, if continuous, may be included in calculating the fifteen (15) years of creditable pension service.
Retired members of the County retirement system who were represented by the Federation of Nurses & Health Professionals, Local 5001, AFT, AFL-CIO and non-represented members of the Employee Retirement System who were Doyne employees when they voluntarily resigned their employment between September 1, 1995 and December 31, 1995, at the time of, and in lieu of, a layoff from County service as a direct result of the sale/lease of John L. Doyne Hospital and employees of the School of Nursing who resign from County service, in lieu of being laid off due to the closure of the School of Nursing, who possess more than ten (10) but less than fifteen (15) years of creditable pension service credit may elect to file an appropriate application to become eligible to enroll in the County group health benefit program and the County shall pay the following fixed, not to exceed, below noted portion of the monthly cost of the benefit option selected with the pensioner paying the balance of the monthly cost:
Creditable Pension Service Monthly County Payment:
Ten (10) or more years: $ 50
Eleven (11) or more years: $125
Twelve (12) or more years: $200
Thirteen (13) or more years: $275
Fourteen (14) or more years: $350
The provisions of this section shall not apply to employees not represented by a collective bargaining unit who become members of the Milwaukee County Employees Retirement System on or after January 1, 1994. Employees not represented by a collective bargaining unit who become members of the Milwaukee County Employees Retirement System or after January 1, 1994, may opt to continue in the County Group Health Benefit program after retirement upon payment of the full monthly cost.
(i) Retired members of the County Retirement System with less than fifteen (15) years of creditable pension service credit may, upon retirement, opt to continue their membership in the County Group Health Benefit Program upon payment of the monthly cost. Upon the death of such a pensioner, the beneficiary(s) may continue as a member of the group, providing they pay the full monthly cost.
(j) The option to elect health maintenance organization (HMO) coverage shall apply to retired employees and other members of the County Retirement System, as described in the provisions of (h) and (i) above, except such participants must be participants in the County Group Health Benefit Program and must reside in the appropriate HMO service area currently available to employees. Administration of the provisions of this paragraph shall be in accordance with the contracts between the County and the appropriate HMO.
(k) When an employee is absent from work without pay in any group health benefit deduction period to the extent that there are not sufficient earnings to permit the deduction of the monthly costs or premiums, the insurance shall lapse other than as provided in (f) and (g) above, unless the employee shall make a direct payment of such monthly costs or premiums to the Department of Human Resources Employee Benefits and Services Division on or before the date noted on the Milwaukee County Notice of Employee Insurance Premium Payment Due statement. The mailing of such statement shall relieve the County of any liability for not contacting an employee upon the expiration of the premium payment due date.
(l) In the event both a husband and a wife are employed by Milwaukee County and are eligible for participation in the County Group Health Benefit Program, either the husband or the wife shall be entitled to one family plan. In the event the husband elects to be named the insured, the wife shall be the dependent under the husband's plan; in the event the wife elects to be named the insured, the husband shall be the dependent under the wife's plan. Should neither party make an election, the County reserves the right to enroll the less senior employee in the plan of the more senior employee.
(m) Amendments to the Public Health Service Act applies Federal Government (COBRA) provisions regarding the continuation of health insurance to municipal health plans. Milwaukee County, in complying with these provisions, shall collect the full premium from the insured, as allowed by law, in order to provide the continued benefits.
(8) Milwaukee County Health Plan(Fee For Service) Health Care Cost Containment.
(a) All health care provided shall be subject to utilization review by an agency selected by the County and in accordance with the contract entered into between the County and the agency.
(b) Employees may choose to receive health care from an independent provider or from a Preferred Provider which shall be identified by and communicated to employees by the County.
(c) All non-emergency admissions as a hospital in-patient must be pre-certified by the agency selected by the County to administer the utilization review program, except for individuals covered by Medicare. The employee, or a family member, must telephone the agency forty-eight (48) hours prior to the date of admission and provide the information necessary to review the necessity of the admission. In the event an emergency admission is necessary, the employee/dependent, or a family member, shall call the administrator of the utilization program within twenty-four (24) hours of the emergency admission.
(d) All admissions as a hospital in-patient will be subject to a deductible of $100 per confinement. Individuals covered by Medicare, when Medicare is the primary payor, shall be subject to a deductible of $50 per confinement. In the event the employee/dependent abided by the provisions of (c) above, this deductible shall be reduced to $50 per confinement. In the event the employee or dependent abided by the provisions of (c) above or is covered by Medicare and the in-patient hospitalization occurred at a Preferred Provider Hospital in (b) above the deductible shall be waived in full. In the event the employee/dependent does not abide by the provisions of (c) above and the hospitalization occurred at a Preferred Provider Hospital in (b) above, the deductible shall be $50 per confinement.
(e) The deductible under the major medical portion of the Milwaukee County Health Plan shall be $400 per calendar year, per insured; the calendar year major medical deductible per family shall be $1,200. If the insured uses a PPO physician, the major medical annual deductible will be reduced to $150 per insured; $450 per family, per year. After satisfaction of the deductible, the employee co-payment for services covered under major medical shall be twenty (20%). For employees/dependents who utilize physicians who are members of the preferred provider network, the co-payment for physicians services covered under major medical shall be reduced from twenty (20%) to ten (10%) after the deductible has been satisfied. The maximum out of pocket cost to the employee for services covered under the major portion of the Milwaukee County Health Plan Shall be limited to $1,500 annually under a single plan and to $2,500 annually under a single parent or family plan.
(f) The County shall amend the Schedule of Benefits for the inpatient and outpatient treatment of Mental and Nervous Disorders, Alcohol and Other Drug Abuse (AODA), of the Plan Document for the Milwaukee County Health Plan to channel employees and their dependents to the PPO providers. The channeling shall consist of:
1. If the employee and the dependent use an inpatient, benefits are payable at 80% for thirty (30) days as long as the PPO approve both the medical necessity and appropriateness of such hospitalization.
2. If the employee and the dependent use a non-PPO facility, benefits are payable at fifty (50%) for a maximum of thirty (30) days. The hospitalization is still subject to utilization review for medical necessity and medical appropriateness.
3. The first two visits of outpatient treatment by network providers will be reimbursed at 100% with no utilization review required. Up to 25 further visits for outpatient treatment when authorized by the PPO, will be reimbursed at 95% of the PPO contracted rate. In addition, when authorized by the PPO, up to thirty (30) days per calendar year, per insured, of day treatment or partial hospitalization shall be paid at 95% of the contracted rate for all authorized stays at PPO facilities.
4. The first 15 visits of out-patient treatment authorized by the PPO by not provided by a PPO provider shall be paid at 50% of the contracted rate for all medically necessary and appropriate treatment as determined by the PPO. When authorized by the PPO, up to thirty (30) days per calendar year, per insured, of day treatment of partial hospitalization shall be paid at 50% of the contracted rate for all authorized stays at non-PPO facilities.
(g) The County shall pay $500 to any County employee eligible for health insurance and who chooses to dis-enroll or not to enroll in his/her coverage. Proof of coverage in a health insurance plan must be provided in order to qualify for the $500 reward. Such proof shall consist of a current health enrollment card.
The $500 shall be paid on an after-tax basis. When administratively possible, the County may convert the $500 award to a per-tax credit which the employee may use as a credit towards any employee benefit available within a flexible benefits plan.
The $500 award shall be paid on an annual basis by payroll check no later than April 1st of any given year to employees of record as of January 1st.
An employee lose health insurance coverage then the employee may elect to re-join the Milwaukee County Conventional Health Plan. The employee would not be able to re-join an HMO until the next open enrollment period. The $500 award must be repaid in full to the County prior to coverage commencing. Should an employee re-join a health plan he/she would not be eligible to opt out of the plan in a subsequent calendar year.
(h) Prescription drug coverage shall be carved out of the Milwaukee County Health Plan and is not a benefit covered under the major medical portion of the Milwaukee Country Health Plan. Such coverage shall be provided by the County and shall include a mail order component. The employee shall pay 10% of the cost for a generic drug, or 20% of the cost for a brand name drug ($3 minimum) at the point of purchase. The PBM will be responsible for establishing, updating, and administering he program. Standard precertification and protocols of the PBM will be used.
(i) The county shall implement a disease management program. Such program shall be designed to enhance the medical outcome of a chronic illness though education, treatment, and appropriate care. Participation in the program by the patient shall be strictly voluntary, and the patient can determine their individual level of involvement. Chronic illness shall be managed through a variety of interventions, including but not limited to contacts with patient and physician, health assessments, education materials, and referrals. The County shall determine all aspects of the disease management program.
(j) The county shall have the right to determine "medical providers of excellence." In order to qualify for such designation, such providers shall, in the estimation of the County, meet exemplary standards including by not limited to quality of care, patient safety, administrative efficiency, patient satisfaction, and/or value pricing for specific medical conditions. When the County pre-authorized medical treatment by such provider, the County shall waive any employee deductibles and co-payments except for prescription drugs.
(9) Milwaukee County Dental Benefit Plan and Dental Maintenance Organizations.
Employees who are eligible for group hospital and medical benefits under the provision of (7) of this section shall also be entitled to dental benefits upon application in accordance with enrollment procedures established by the County, except that retired members of the Milwaukee County Retirement System shall not be eligible for dental benefit coverage. Eligible employees may enroll in the Milwaukee County Dental Benefit Plan (fee for service) or a dental maintenance organization approved by the County.
(a) The County shall pay the full monthly cost of providing such coverage to employees who commenced their employment with Milwaukee County prior to July 31, 1989.
(b) Employees who commenced their employment with Milwaukee County on or after July 31, 1989 shall pay $2.00 per month towards the cost of a single plan or $6.00 per month towards the cost of a family plan. The appropriate payment shall be made through payroll deduction.
(c) On an annual basis, as determined by the County, employees may apply to change the dental plan selected. Employees eligible for single health plan coverage may enroll in a single plan, employees eligible for single parent health plan coverage may enroll in a single parent plan, and employees eligible for family health plan coverage may enroll in a family plan.
(d) Employees may continue their dental benefit coverage during a leave of absence under the same conditions as they may continue their health benefit coverage.
(e) Amendments to the Public Health Service Act applies Federal Government (COBRA) provisions regarding continuation of dental insurance to municipal dental plans. Milwaukee County, in complying with these provisions, shall collect the full premium from the insured, as allowed by law, in order to provide the continued benefits.
(10) Special Uniform Allowance.
(a) Employees, who are required to wear uniforms, shall be allowed uniform allowances as follows:
1. Deputy sheriff lieutenants, deputy sheriff captains, deputy sheriff deputy inspector, deputy sheriff inspector, communications supervisor (sheriff's department), director/internal affairs, identification bureau supervisor, investigator (Exempt) and chief investigator (Exempt) shall be paid an annual clothing allowance equal to the amount paid deputy sheriff I's and II's and deputy sheriff sergeants.
2. Museum security officer III shall be provided the full initial issue of required uniforms, plus an annual allowance equal to that of museum security officers I and II, to be paid on a monthly basis for each calendar month in which they perform services requiring the wearing of a complete uniform.
3. The airport fire chief and assistant airport fire chief shall be furnished a full uniform at the time of hire or as soon thereafter as practicable if no uniform had previously been issued. The uniform so furnished shall be in accordance with the regulations of the department setting forth prescribed minimum equipment for each employee. Any employee whose employment is terminated within two years from the date of hire shall return all uniform items furnished by the county to the department within seven days of termination. After completion of one year of service, after obtaining authorized uniform, an annual clothing allowance equal to the amount paid Firefighter and Equipment Operators and Firefighter and Equipment Operators In Charge shall be paid.
4. Custodial workers I and II at the airport who are employed on a full time basis and who are required to wear a uniform shall be paid a uniform allowance as institutional employees after six months of service and at the completion of each year of service thereafter.
5. Institutional employees, medical interns, resident physicians, who are employed on a full time basis and who are required to wear a uniform, except those who receive some type of uniform allowance under paragraph (a) hereof, shall be paid a uniform allowance of $110 after six (6) months of service and at the completion of each year of service thereafter.
6. Cooks and bakers may have their uniforms laundered at an institutional laundry without charge.
7. Any non-represented supervisory nursing or supervisory laboratory employee, who is required to wear a uniform and who supervises employees represented by the Federation of Nurses and Health Professionals shall receive the same payment for uniform allowance as may be provided for in the Federation of Nurses and Health Professionals Collective Bargaining Agreement.
8. Any represented employee required to wear a uniform may receive such uniform and/or payment of uniform allowance as may be provided for by the respective collective bargaining agreements.
9. Any employee required to carry firearms shall be furnished with such firearm by the county, provided that this firearm shall remain the property of Milwaukee County and be returned when the employee leaves the county service or is no longer required to carry such firearm.
(b) The annual allowances to be paid on a monthly basis provided by (a) shall be paid as of December 1st of each year for all months since the previous allowance was made provided that no new appointee shall receive this annual payment until December 1st following the completion of one year of service and then only for the number of months occurring since the completion of one year of service.
(c) The initial uniform allowance provided by this paragraph shall not be granted to employees on temporary or emergency appointments, but the institutions and departments concerned may purchase and have available for loan to such employees whatever minimum uniforms are required.
(11) Educational Bonus.
(a) The county will make annual payments to deputy sheriff lieutenants, captains, deputy inspector, and inspector, communications supervisor (sheriff's department), director/internal affairs, identification bureau supervisor, investigator (Exempt) and chief investigator (Exempt) for completion of approved course work equal to the amount paid deputy sheriff I's and II's and deputy sheriff sergeants.
(b) The county will make annual payments to airport fire chief and assistant airport fire chief for completion of approved course work equal to the amount paid firefighter and equipment operators and firefighter and equipment operators in charge.
(12) Longevity Pay.
(a) Deputy sheriff lieutenants, captains, deputy inspector, and inspector, communications supervisor (sheriff's department) director/internal affairs and identification bureau supervisor shall be paid longevity equal to the amount paid deputy sheriff I's and II's and deputy sheriff sergeants.
(b) The airport fire chief and assistant airport fire chief shall be paid longevity pay equal to the amount paid firefighter and equipment operators and firefighter and equipment operators in charge.
(13) Hazardous Duty Allowance.Deputy sheriff lieutenants, captains, deputy inspector, inspector, and communications supervisor (sheriff's department), identification bureau supervisor, investigator (Exempt) and chief investigator (Exempt) in recognition of the fact that they are required to exercise the authority of their office whether on or off duty, and the fact that in exercising such authority they are required to carry an authorized weapon whether on or off duty shall each receive in addition to salary the sum equal to the amount paid deputy sheriff I's and II's and deputy sheriff sergeants, payable in a lump sum during the first pay period following the end of the calendar year. Any employee who is not employed for the entire year shall be paid on a prorated basis for the duration of their employment during the year.
(14) Tuition Reimbursement.Registered Nurses hired on or after January 1, 1980, shall receive tuition reimbursement in an amount not to exceed the annual tuition at the Milwaukee County General Hospital School of Nursing for each year of continuous service with Milwaukee County not to exceed three.
(15) Salary Reduction For The Purpose of Paying Work Related Dependent Expenses With Pre-Tax Dollars.Employees who are not represented by collective bargaining units shall be eligible to enroll in a salary reduction program for the purpose of paying work-related dependent care expenses with per-tax dollars in accordance with federal and state regulations. Employees who are represented by a collective bargaining unit shall be eligible to take part in this program only if such participation is authorized in their collective bargaining agreement.
(16) The County shall implement a Section 125 Plan to deduct an employee's monthly contributions for coverage on a per-tax basis. The terms and conditions of said Plan shall be in accordance with a Plan Document which shall be approved by the County. As soon as administratively possible after the adoption of the Section 125 Plan Document, the County shall establish and administer Flexible Spending Accounts for those employees who desire to per-fund their health insurance costs and other expense as governed by Internal Revenue Service regulations.
(17) Short Term Income Continuation Insurance. Employees who are eligible for health insurance coverage in accordance with provisions of Section 17.14 shall be eligible for enrollment in the optional short term income continuation insurance coverage program. New employees shall be provided with the option of enrolling in such coverage at the time of hire, with the coverage becoming effective in accordance with the schedule distributed annually by the Employee Benefits Division of the Department of Human Resources. Employees may opt to enroll in, or discontinue such coverage, annually during open enrollment periods which shall be conducted annually by the Employee Benefits Division of the Department of Human Resources. Participating employees shall pay the full premium for the coverage by payroll deduction. During unpaid leaves of absence, or in the event the employee's earnings are insufficient to cover the cost of the premium, the coverage shall cease. However, the employee may, at the insurance carrier's option, pay the premium directly to the insurance carrier. Short term income continuation benefits shall be provided in accordance with the benefit schedule of the insurance carrier and the option selected by the employee. Milwaukee County may discontinue the provision of optional short term income continuation coverage in the event an insurance carrier acceptable to the County cannot be identified or is unwilling to reimburse the County for the administrative costs associated with the provision of such optional coverage. Short term income continuation coverage shall be offered to non-represented employees represented by collective bargaining units who have agreed to the provisions of this section. In the event an employee ceases to be eligible for such coverage because of a change in bargaining unit status, the coverage shall continue until the coverage effective date of the next open enrollment period.
(18)Appointees to the Civil Service Commission, the Pension Board of the Milwaukee County Employees Retirement System, the Veterans Service Commission, the Personnel Review Board and the Ethics Board shall be eligible to enroll in the County Health Plan as in (7) of this section, or in the County Dental Benefit Plan as in (9) of this section, upon payment of the full monthly cost of the plan selected during their term of office.
17.145 ORIENTATION OF NEW EMPLOYEES.
The civil service commission of Milwaukee County shall, within thirty (30) days after any and all new county employees commence work, conduct a group orientation session for these employees to familiarize them with the scope of county functions, county employee benefits, employee merit award plan, affirmative action, civil service rules and other applicable information. Upon completion of the orientation session, the employee shall sign a form indicating he has been counseled in these areas. This orientation program shall be considered a condition of employment for the employees and the session shall be limited to one-half day of the employee's regular county work day.
17.15 WORK WEEK.
(1) The normal working day shall consist of a set number of hours per day, established by the appointing authority in each department, exclusive of the luncheon period. The normal work week shall consist of a set number of days per week not to exceed five established by the appointing authority in each department. The work day and work week shall be in accordance with appropriate collective bargaining agreements and State and Federal regulations.
(2) All offices or departments in the courthouse and courthouse annex will be closed to the public for the transaction of business on Saturdays throughout the year, except when authorized by the Director of Transportation or designee.
(3) The appointing authority and an employee may agree to establish a flexible work day and/or flexible work week in accordance with departmental needs and appropriate collective bargaining agreements and State and Federal regulations.
(4) For Recreation Group of (I) Education and Recreation Service, and (e) Parks Service, of Section 17.32, the hours of labor per day shall be in accordance with the demands of the season.
17.16 OVERTIME COMPENSATION.
This section shall be applied in the following manner, and consistent with collective bargaining agreements and State and Federal regulations:
(1) Employees may be assigned to overtime work provided that such overtime shall be limited to emergency conditions which endanger the public health, welfare or safety; or for services required for the protection or preservation of public property; or to perform the essential functions of a department which cannot be performed with the personnel available during normal work hours, either because of vacancies in authorized positions or because of an abnormal peak load in the activities of the department; or for other purposes which specific provision for overtime compensation has been made by the County Board. Employees required to work overtime will be compensated as follows:
(a) Employees represented by a collective bargaining unit shall be compensated for overtime in accordance with provisions of the Fair Labor Standards Act and the respective collective bargaining agreement.
(b) Employees who are not represented by a collective bargaining unit shall be compensated for overtime as follows: employees holding positions which are non-exempt from the Fair Labor Standards Act shall receive time and one half for all hours worked in excess of eight hours in a twenty –four hour period or forty hours per week regardless of the pay range to which the position held is assigned; employees holding positions authorized in pay range 28M and below which are deemed to be exempt from the Fair Labor Standards Act shall receive time and one half for all hours worked in excess of eight hours in a twenty-four hour period or forty hours per week; employees holding positions authorized in pay range 29M and above shall receive straight time overtime for all hours worked in excess of forty hours in a week; employees holding a position authorized in the Executive Compensation Plan, shall be considered as salaried and shall not be compensated for overtime.
(c) Employees holding positions authorized on a seasonal basis shall receive time and one half for all hours worked in excess of forty (40) hours per week.
(d) Unless a collective bargaining agreement deems otherwise, an appointing authority may approve payment, or the accrual of compensatory time, for overtime. However, no employee may accrue more than 240 hours of compensatory time, unless permitted by the provisions of the Fair Labor Standards Act.
(e) Employees holding positions which are covered by the annual work year who are eligible for time and one half overtime shall receive payment for the half time portion of the overtime and shall accrue the straight time portion of the overtime as compensatory time, up to a maximum of 240 hours of compensatory time, after which all overtime shall be paid.
(f) Elected officials, members of Boards and Commissions, and employees compensated on a per diem, per call or per session basis shall not be compensated for overtime.
(g) Employees included in the Executive Compensation Plan are to be considered salaried employees and therefore are not eligible for accrual of compensatory time or payment of overtime. Executive level position shall be expected to work sufficient hours to perform their assigned duties effectively.
(h) Unless overtime is required in accordance with the provisions of the Fair Labor Standards Act, employees shall not receive overtime for hours worked, or credited, in excess of eight hours per day or forty hours per week, if such overtime is due to holding dual employment status.
(2) Under the conditions specified for emergency overtime, employees may be permitted to work on holidays or during vacation periods without compensatory time and receive double time for each day so worked provided that only the hours actually worked on each of these days shall be considered in any computation of overtime for the biweekly period in which they occurred.
(3) No payment shall be made for overtime unless funds have been provided for such payment in the appropriation for personal services or unless a surplus exists in such appropriation, by reason of vacancies and turnover in authorized positions.
(4) The Director of Human Resources may review the time records submitted by the departments for the purpose of determining the extent to which overtime is being worked and compensation time allowed; and may require the heads of departments to submit reports, supplementary information or other data relative to the need for overtime work; may investigate the cause and justification for such overtime; and may prescribe such rules or regulations as in his/her opinion are necessary to control and restrict overtime to emergency conditions. The Director of Human Resources is further empowered to recommend changes in procedure or administrative practices which in his/her opinion will eliminate the need for overtime work, and to report to the appropriate committee of the county board instances in which the department head refuses to comply with the recommendations.
17.165 WEEKEND DIFFERENTIAL.
Employees in the classified service, including those in the building and mechanical trades group in Section 17.32(2)(c), except part-time and seasonal employees, employees paid on an hourly or per call basis, other than Registered Nurses paid on an hourly or part-time basis, Senior Citizen Program Instructors, and employees in title codes 347, 352, 352.6, 353, 356, 357, 358, 359, 360, 361.2, 361.5, 361.7, 362.1, 371.5, 372, 375, 376, 377, 378, 615, 616, 617, 618, 618.1, 642, 642.1 and 742, shall be paid a weekend differential of 35 cents per hour or as otherwise may be provided for by collective bargaining agreements for all hours worked between 6:30 a.m. Saturday and ending at or before 7:15 a.m. Monday, or as otherwise provided for by collective bargaining agreements. This weekend differential shall not be applicable to employees in the Executive Compensation Plan or to employees in pay range 30 or above except those who are covered by weekend differential in a labor agreement. Weekend differential, when earned, shall not be added to the employee's regular rate for purposes of determining vacation, sick leave, or holiday rates of pay.
17.17 VACATIONS AND HOLIDAYS.
(1) The heads of all departments, bureaus, institutions, boards or commissions shall make provision for, designate, and allow annual leaves with pay to serve as vacation equivalent to eighty (80) hours for each employee who has completed one (1) year or more of service, unless as otherwise may be provided for by collective bargaining agreements; one hundred twenty (120) hours for each employee who has completed five (5) years or more of service; one hundred sixty (160) hours for each employee who has completed ten (10) years or more of service; two hundred (200) hours for each employee who has completed twenty (20) years or more of service; except teachers who are paid for ten (10) months of annual employment, firefighter and equipment operators, employees paid on an hourly or per diem basis who customarily work less than forty (40) hours per week or two thousand eighty (2080) hours per annum, employees paid on a per call or clinic hourly basis, and part-time employees paid on a biweekly basis whose services are required less than half-time, unless as otherwise provided for by collective bargaining agreements; firefighter and equipment operators shall be allowed annual leave with pay to serve as vacation as follows: five (5) work days for each employee who has completed one (1) year or more of service, seven (7) work days for each employee who has completed five (5) years or more of service, ten (10) work days for each employee who has completed ten (10) years or more of service, and twelve (12) work days for each employee who has completed twenty (20) years or more of service. During the first year of employment, an employee may utilize the equivalent of forty (40) hours of vacation after six months of service. Years of service shall include any creditable pension service earned with Milwaukee County, the State of Wisconsin or any municipality within the State of Wisconsin. Any employee who returns to employment with Milwaukee County having previously been involuntarily separated from Milwaukee County employment shall not be entitled to any prior service credit for purposes of vacation entitlement. Effective in 2002 all non-represented employees shall be eligible for five weeks of vacation after fifteen (15) years of service and six (6) weeks of vacation after twenty (20) years of service.
(2) The following days of each year are holidays: January 1, the third Monday in February, the last Monday in May, July 4, November 11, the fourth Thursday in November, December 25, the day appointed by the Governor as Labor Day, and the day of holding the general election in November, unless as otherwise may be provided for by collective bargaining agreements; County department, offices, and institutions may be closed on these holidays: January 1, the last Monday in May, July 4, the first Monday in September, the fourth Thursday in November, and December 25. Effective in 2002 the Friday after the fourth Thursday in November shall be a holiday for non-represented employees and employees who are represented by a collective bargaining unit which has agreed to this provision. All county departments, offices and institutions shall be open to the public for business on all other statutory holidays. All employees, including those in the building and mechanical trades group in Section 17.32(2)(c), except employees paid on an hourly or per diem basis and firefighter and equipment operators who receive off days in lieu of holidays, shall be granted leave with pay on these days, provided that if an employee is required to work on such days because of the needs of the service, he shall be given equivalent time off or shall receive additional compensation, if such compensation is authorized by the provisions of subsection 17.16(2). Firefighter and equipment operators, who receive 7 off days in lieu of all holidays, shall be granted such off days during their first calendar year of employment as provided for in their collective bargaining agreements.
(2)(a) A holiday falling on a Saturday shall be observed on the preceding scheduled workday and a holiday falling on a Sunday shall be observed on the following scheduled workday, except in the 7-day service where the present system of accruing and exhausting holidays shall remain in effect. This provision shall not apply to employees represented by certified bargaining representation.
(3) For all employees not represented by certified bargaining unit representatives, beginning in January, 1988 and every year thereafter, the third Monday in January will be observed as a holiday. All County departments, offices, and institutions shall be open to the public for business on this holiday.
(4) For all employees not covered by a collective bargaining agreement, beginning in 1997, employees with an assigned work week of forty (40) hours who use no sick allowance and take no time without pay during the year, shall receive eight hours of holiday time which may be used in the subsequent year. Use of excused time, including excused time for medical appointments or bereavement leave, shall not be considered as sick allowance under this section.
17.172 PERSONAL DAYS.
Employees entitled to holidays, except firefighters and equipment operators shall receive three days leave per year known as "Personal Days" in addition to earned leave by reason of vacation, accrued holidays and compensatory time. Employees shall accrue personal days during their first calendar year of employment as follows:
Hired on or before April 30 -three days
From May 1 through August 31 -two days
From September 1 and thereafter -one day
Personal days may be liquidated in accordance with Civil Service Rule VIII, Section 3 (2)(b) relating to liquidation of compensatory time, except that such days may be taken at any time during the calendar year. Supervisory personnel shall make every reasonable effort to allow employees to make use of personal days as employees see fit, it being understood that the purpose of such leave is to permit employees to be absent from duty for reasons which are not justification for absence under other existing rules relating to leave with pay.
17.174 LIQUIDATION OF PERSONAL DAYS AND UNUSED VACATION LEAVE FOR EMPLOYEES TRANSFERRED TO THE EXEMPT SERVICE.
(1) All employees in the exempt service who formerly held positions which were transferred from the classified to the unclassified service pursuant to the provisions of State Statute 63.03(3), shall be entitled to liquidate all personal days or unused vacation leave to their credit at the time of transfer from the classified to the unclassified service.
(2) Notwithstanding the provisions set forth in sub-section 1 above, the chief examiner shall be entitled to liquidate three (3) personal days and twenty-five (25) vacation days in the year 1979.
17.175 PAYMENT FOR EARNED VACATION AND OVERTIME UPON DEATH.
Final payment due to an employee in the classified service, upon death, shall include all authorized unused vacation allowance and authorized, unliquidated overtime, not exceeding one hundred twenty (120) hours except that the payment for overtime shall not be granted if an employee is not entitled, by ordinance, to receive compensation for overtime.
17.176 VOLUNTARY TIME OFF WITHOUT PAY DURING A FISCAL CRISIS.
In the event the Milwaukee County Board of Supervisors adopts a resolution declaring a fiscal emergency, employees will be allowed to request voluntary time off without pay, subject to the approval of the Director of Human Resources. The appropriate appointing authority may recommend that the Director of Human Resources approve or deny such requests, based upon workload, staffing requirements, budgetary constraints and other factors which are pertinent to the respective department. Employees shall not lose any benefits as a result of taking a voluntary time off without pay, including postponement of salary increments, continuation of insurance benefits, seniority and accrual of holiday time, sick allowance and vacation. No employee shall be allowed to take more than one hundred sixty (160) voluntary hours without pay in a calendar year and the position may not be filled during the employee's absence. This section shall not apply to employees who are represented by collective bargaining units unless it is incorporated into the respective collective bargaining agreement.
17.18 LEAVE OF ABSENCE WITH PAY ON ACCOUNT OF ILLNESS OR OTHER SPECIAL CAUSES.
(1) All officers and employees who are compensated on a biweekly or annual basis and are required to work half-time or more, and all hourly employees who are customarily employed forty hours in each calendar week, may be given leave of absence with pay for illness or other special causes of three and seven-tenths hours for each pay period, or a proportionate credit for employees who regularly work less than forty hours per week; provided, however, that such credit shall be canceled for each pay period in which the employee is absent without pay for more than three-eighths of the required hours except absences due to disability in line of duty or leave for military service. Such leaves of absence with pay shall be granted solely on account of sickness, bodily injury, or other causes of absence which are considered as sufficient and legitimate excuse for the employee's failure to be present and in attendance on his duties; provided, however,
(a) that reasons for the absence and the good faith of the employee in taking such leave shall be supported by such reasonable evidence as may be required by the appointing authority including a physician's certificate, personal affidavit, or by other means; and
(b) that when the illness of an employee is such as may make it necessary to take leave of absence of more than three (3) days, a statement shall be made to the appointing authority in writing from a licensed physician or from an authorized Christian Science practitioner, stating the period of time the employee was unable to work because of illness.
(2) Such leave of absence with pay shall accrue during the first six (6) months of service, but shall not be granted until the completion of six (6) months of service, unless injury or disability is incurred in line of duty.
(3) Unless otherwise noted in a collective bargaining agreement, unused leave as provided in (1) of this section shall accumulate on an unlimited basis over the entire period of an employee's continuous service. Unless otherwise specified in a collective bargaining agreement, continuous service shall be considered to be any period of service that has not been interrupted by layoff in excess of two (2) years and one day or by voluntary or involuntary separation.
(4) Paid leave in accordance with the following formula shall be granted to employees when the employee's presence is required, and if the employee has sufficient accrued sick leave from which such leave shall be deducted.
Immediate Family of Employee
Critical Illness
Death
Wedding
Husband, Wife, Child, Brother, Sister, Parents, or Foster Parents, Step Mother, Step Father, Step Brother, Step Sister
3 days
3 days plus travel
1 day
Wife or Husband of Members of Employee's Immediate Family:
Son-in-law, Daughter-in-law, Brother-in-law, Sister-in-law
1 day
1 day plus travel
No Provision
Immediate Family of Spouse:
Brother, Sister, Parents or child of employee's spouse
1 day
1 day plus travel
No Provision
Other Close Relatives:
Aunt, uncle, first cousin, niece, nephew, grandparent, or grandchild of employee or spouse, Great Grandparent, Grand nephew, Grand niece, Great Aunt, Great Uncle, Ex-husband, Ex-wife
No Provision
1 day plus travel
No Provision
Other Causes for Excused Time:
Funeral of Fellow Worker
½ day if approved by department head.
It shall not be necessary that such persons shall have resided with the employee to come within such classification. Not to exceed three days of leave with pay may be allowed whenever both death and funeral occur in Milwaukee or its vicinity. Whenever either death or the funeral occurs elsewhere, additional travel time may be allowed as leave with pay as follows: Up to 75 miles - none; Between 75 to 150 miles -1 Day; Over 150 miles - 2 Days. Reasons for the absence and the good faith of the employee in taking such leave shall be supported by such reasonable evidence as may be required by the appointing authority, including a physician's certificate, personal affidavit or by other means as may be approved by the appointing authority. Such leave with pay shall be deducted from the accrued sick leave balance of the employee and shall be subject to the following: (a) where one day is authorized, it must be taken on the day of the funeral, and (b) where more than one day is authorized such days must be consecutive calendar days, one of which is the day of the funeral, and (c) when two travel days are authorized, one day must precede the funeral and one day must follow the day of the funeral, and (d) scheduled off days shall be considered as part of the total funeral leave allowed when such off days fall within the authorized leave when such days are considered consecutively. Scheduled vacation days falling within the bereavement period, may be rescheduled for liquidation during the remainder of the year. (e) Any employee scheduled to work the night shift shall have the option of taking off the night before or the night of the funeral.
(5) In addition to other causes set forth in Section 17.18(4), sick leave may be taken for the purpose of enabling employees to receive non-emergency medical attention during work hours. Such leave may be allowed for scheduled appointments for any type of medical or dental care. Excused time charged against sick leave for these purposes shall be limited to three hours per incident including travel between the employees' work site and the place of their appointment. In order to be excused for this type of leave, the employee must present to their immediate supervisor a written notice from the practitioner treating the employee stating the date and time of the employee's appointment. Provisions of (5) shall apply to eligible employees in the classified service.
(6) Any employee entitled to accrue sick leave under the provisions of this Section who is incapacitated by reason of injuries or illness resulting from his employment shall be entitled to receive 80% of his/her established rate of compensation without deduction from accrued sick leave, when approval for such payment is made by the Risk Management Section of the Department of Administration. Such payments may continue for a maximum period of one year. After a period of one year, the employee may continue to use any sick leave earned and unused during his entire period of service. Any payment made shall be in lieu of any payment or award under the Worker's Compensation laws of this state, or if an award is made thereunder such payment shall be applied thereon. If the Internal Revenue Service (IRS) determines that the injury pay benefits provided are taxable as wages, then beginning with the effective date of such determination, the County will no longer require the 20% employee deduction from injury pay benefits provided for. Risk Management will refer all employees receiving compensation under this provision to the Return to Work Program in the Department of Human Resources.
(7) The director of personnel may make such investigation or require such medical examinations as are warranted to substantiate or verify the employee's illness.
(8) Employees who have applied for retirement by filing an application with the proper official of the retirement system of which they are members shall be permitted to take any unused leave accumulated under the provisions of this Section prior to the effective date of their retirement not to exceed fifty (50) days plus sixteen (16) hours for each one hundred (100) hours or fraction thereof of accumulated sick leave in excess of four hundred (400). Employees represented by a certified bargaining representative shall not be entitled to retirement leave in excess of thirty (30) days unless the collective bargaining agreement between said representative and Milwaukee County specifically so provides. Where the needs of the service require the immediate filling of a vacancy resulting from the use of accumulated sick leave by an employee who is retiring, the position may be filled in accordance with the provisions of Chapter 17 of the General Ordinances relating to the filling of vacancies, at any time during the period in which the retiring employee is on leave with pay which extends to the date of his retirement.
(9) All unused leave accrued under the provisions of the Section shall be canceled upon the termination of an employee's active employment for any reason other than retirement, in which case the employee shall be eligible for retirement leave under 17.183. Former employees, except those who were discharged after a heating before the Personnel Review Board or resigned prior to such a hearing for discharge being heard, who return to active employment with Milwaukee County shall have all canceled leave restored. Retirees who received retirement leave under the provisions of 17.183 shall not be eligible for the restoration of such leave upon return to active employment. Individuals who are actively employed with Milwaukee County as of the effective date of this ordinance (May 17, 2000) and had such leave canceled upon termination of prior service with Milwaukee County shall have such canceled leave restored under the provisions of this section.
17.181 VOLUNTARY RESIGNATION PACKAGE FOR A LIMITED TIME PERIOD.
The provisions of this section are contingent upon County Board and County Executive approval of the sale or lease of Doyne Hospital or of discontinuance of Doyne Hospital operations effective December 31, 1995. This section shall not be effective if Milwaukee County is prohibited from discontinuing operation of Doyne Hospital. The Provisions of this section shall be afforded to any county employee laid off no later than December 31, 1995 except for employees of the School of Nursing or the Mental Health Division or Doyne Hospital Transition Team. In the event an employee laid off is not offered employment in another County department within thirty (30) days of initial layoff, and within forty-five (45) days of initial layoff completes an affidavit that he/she has not obtained other employment with a non-County employer and signs a release as shall be required which includes a waiver of layoff/recall rights, he/she shall be entitled to the following Voluntary Resignation Package:
(1) One week of pay (hourly rate times assigned work week) that the employee received prior to the layoff for each year of County service or portion thereof, individuals employed in an hourly status shall receive payment based on their hourly rate times the average number of hours worked per week in 1994 for all years of service in an hourly status. No employee shall receive more than twenty-six (26) weeks of pay under this section, including payments made to an unclassified employee upon the termination of an Administrative Employee Agreement or Standard Employment Contract.
(2) Continuation of County paid health insurance for six (6) months after such coverage would have terminated in the event the employee had not opted for the Voluntary Resignation Package, providing the employee was eligible for health insurance coverage during his/her employment.
(3) Lump sum payment of all accrued vacation, holiday, personal and compensatory time.
(4) Payments received by employees in accordance with the provisions of this section shall not result in the accrual of pension service credit.
(5) Represented employees shall be eligible for utilization of the Doyne Job Center.
(6) Non-represented employees shall be eligible for group out placement services provided by a firm selected by Milwaukee County with the level of service provided to be determined by Milwaukee County. Employees in the Executive Compensation Plan (ECP) shall be eligible for individual out placement services provided by a firm selected by Milwaukee County with the level of services provided to be determined by Milwaukee County.
(7) Employees of the School of Nursing shall be eligible for the provisions of this section upon the closure of the School of Nursing.
(8) Employees of the Mental Health Division shall be eligible for the provisions of this section until the discontinuation of funding for these services as specified by a date identified in the 1996 Adopted Budget.
(9) Employees of the Doyne transition team retained in County service to coordinate business transactions which must be completed after the official closure of Doyne Hospital shall be eligible for the provisions of this section upon layoff from County Service.
(10) Employees who opt to retire under the provisions of 201.24(4.26) of the Employee Retirement System shall not be eligible for the provisions of this section.
17.182 PRORATA BENEFITS.
(1) Any employee employed as a lifeguard III, lifeguard supervisor, or food service operator (seasonal) who works one thousand forty (1040) or more hours per calendar year shall accrue vacation, sick leave, and personal days on a prorata basis. At the end of calendar year 1981 and each year thereafter, such employees who work 1040 or more hours during calendar year 1981 and each year thereafter shall be credited with accrued accounts based on the number of hours worked in the preceding year. Such account other than sick leave must be exhausted in the calendar year following that in which they were accrued. Such employees shall not be laid off for the purpose of avoiding the accrual of pro-rata benefits.
(2) Employees in the classified service except (a) those represented by a certified bargaining unit, (b) seasonal employees, (c) employees paid on a per call basis, (d) athletic officials, or (e) employees in a position allocated to pay range 30M or greater; and employees appointed to non-Civil Service offices and positions except (a) those represented by a certified collective bargaining unit, (b) elected officials and their deputies, (c) all members of boards and commissions, and (d) all interns, students and trainees who work five hundred (500) or more hours per calendar year shall accrue vacation, sick leave, holiday time and personal days on a pro-rata basis. Any such employee as previously defined who worked five hundred (500) or more hours during calendar year 1986 and each year thereafter shall be credited with accrued accounts based on the number of hours worked in the proceeding year. Such account other than sick leave must be exhausted in the calendar year following that in which they were accrued. Such employees shall not be laid off for the purpose of avoiding the accrual of pro-rata benefits.
(3) Any such employee, as defined in section 2, shall be compensated in the same pay range as full-time employees in the same classification and shall be entitled to incremental advances in accordance with Civil Service Rule IX Compensation, after satisfactory completion of two thousand eighty (2080) cumulative hours at each step.
17.183 RETIREMENT LEAVE.
Effective January 1, 2001, the provisions of this section shall apply only to those employees who applied for retirement prior to January 1, 2001 and are being paid for retirement leave or other accrued time as of January 1, 2001. After January 1, 2001 the provisions of this section shall also apply to members of those collective bargaining units which continue to have this section incorporated in a collective bargaining agreement. Upon application for retirement, an employee eligible for leave of absence with pay on account of illness or other special causes under 17.18(1) may continue on the payroll until the employees total retirement leave is liquidated, or may opt to receive a lump sum with the next payroll, the retirement leave benefits to which the employee is entitled under the provisions of section 17.18, unless otherwise provided by collective bargaining agreement. Employees, including elected officials, who are not eligible for the leave of absence provisions under 17.18(1) in the position held at the time of application for retirement shall remain eligible for retirement leave based on any prior employment with Milwaukee County and such leave shall be compensated at the rate of pay received immediately prior to retirement. Regardless of the option selected by the employee, payment of County pension and annuity benefits shall be postponed until the total number of retirement leave days, for which the employee has been paid have expired; no employee shall accrue additional benefits during such period. Retirement leave payment shall be calculated at the rate of pay in effect for the employee on the employee's last day of work.
17.184 SICK ALLOWANCE BALANCE ON RETIREMENT
(1) In the event membership in the Employees' Retirement System began prior to January 1, 1994, the member shall receive full payment of all accrued sick allowance at the time of retirement (total hour accrued times hourly rate at the time of retirement). Such payment shall be made in a lump sum, and shall not be included in the calculation of the member's final average salary for pension calculation purposes, nor shall such payment impact the member's total pension service credit or the date that retirement benefits will commence. If permissible under IRS provisions and requested by the member, such payment shall be transferred by the County to the Employee's Retirement System and paid to the member via a "back drop account" even though the member may not have opted for a "back drop pension benefit". In the event a member of the Employees' Retirement System who is eligible to retire dies prior to retirement, the full value of the member's accrued sick allowance shall be paid to the members spouse or the beneficiary of the member's retirement benefit.
(2) In the event membership in the Employees Retirement System began on or after January 1, 1994, the member shall have the full value of their accrued sick allowance at the time of retirement (total hours accrued times the hourly rate at the time of retirement) credited toward the cost of health insurance after retirement. Such health insurance coverage must commence within ten years of the member's retirement. When the amount credited is exhausted, the employee or eligible beneficiary may opt to continue their membership in the County Group Health Benefit Program upon payment of the full monthly cost as noted in 17.14(7) CGO. In the event a member of the Employee's Retirement System who is eligible to retire dies prior to retirement, the full value of the member's accrued sick allowance shall be credited toward the cost of continuing health insurance coverage for the members' spouse or beneficiary of the members' retirement benefit if such spouse or beneficiary was eligible for coverage prior to the member's death.
(3) At the time of retirement, members of the Employees' Retirement System who became members on or after January 1, 1994 and are not eligible for the accrual of sick allowance shall be credited with an amount equivalent to 60% of the total number of hours the member could have acquired had sick allowance been granted, solely for the purpose of determining a benefit under the provisions of this section.
17.185 LEAVE FOR TRAVEL OR ATTENDANCE AT MEETINGS AND CONFERENCES.
Employees may be granted leave with pay by their appointing authority or department head for any of the authorized purposes set forth in Section 56.05 of the General Ordinances at County expense, at their own expense, at the expense of another governmental unit, at the expense of a non-profit agency, at the expense of a vendor when travel is required to attend a training session related to County-owned equipment and said training has been provided for in the purchase agreement, provided that such leave shall be for the general benefit of Milwaukee County, there is no conflict of interest created when the funding source other than the County and the granting of such leave shall not necessitate the employment of replacement personnel or overtime work on the part of the employees granted leave or other employees of their departments or institutions.
17.186 ACCRUED TIME OFF DONOR PROGRAM FOR EMPLOYEES WHO HAVE EXHAUSTED ALL OF THEIR ACCRUED SICK LEAVE.
The Department of Human Resources shall establish and maintain an accrued time off donor program for the purpose of enabling employees who have utilized all of their available accrued off time, including sick leave, to receive donations of accrued time off from other employees who have elected to donate, in increments of one hour, accrued time off to the employee in need of such time. Employees shall be permitted to donate accrued vacation time, personal time, or holiday time to a designated employee who has exhausted all of his/her accrued time off, including sick leave, because he/she is suffering from a potentially terminal illness as certified by a medical physician. Only employees who are not represented by a collective bargaining unit and those employees who are members of a collective bargaining unit which has elected to recognize the accrued time off donor program in their memorandum of agreement, or a collateral agreement, with Milwaukee County shall be eligible to donate time to an individual eligible for receipt of such time. The hours donated to an eligible employee shall be exhausted at the rate of pay of the recipient, regardless of the rate of pay of the donor, and such donation shall be irrevocable. This section shall become null and void on December 31, 2000.
17.19 LEAVE FOR MILITARY TRAINING.
(1) In addition to leaves of absence otherwise authorized by Sections 17.17 and 17.18, employees who are required to take periods of training for the purpose of retaining status as members in organized units of the Reserve Corps of the Army, Navy, Air Force, Marine Corps and Coast Guard, and the National Guard and who are ordered to active duty may be granted leave with pay for periods not in excess of fifteen (15) days annually upon submission of evidence of receipt of competent orders. (2) No leave shall be granted under the provisions of this section to employees on temporary appointments or to employees who do not hold regular civil service status. (3) Employees shall have the option to receive full County pay during such leave or to retain military pay. Employees choosing to be compensated by the County shall submit their military base pay to the County Treasurer.
17.195 LEAVES OF ABSENCE WITHOUT PAY - NON-REPRESENTED EXEMPT EMPLOYEES
(1) Any non- represented exempt employee shall be entitled to the same leaves of absence without pay as employees in the classified service are entitled to by virtue of Rule VIII, Section 2, of the Rules of the Milwaukee County Civil Service Commission.
(2) Any and all benefits afforded to employees in the classified service during periods of leaves of absence without pay shall be afforded to non represented exempt employees.
17.196 DISCIPLINE OF EMPLOYEES IN THE CLASSIFIED AND UNCLASSIFIED SERVICE.
All disciplinary action taken with respect to employees in the classified and unclassified service must be in compliance with the provisions of the Fair Labor Standards Act (FLSA). Employees holding positions in the Executive Compensation Plan or in Pay Ranges 29M and above which have been deemed by the Director of Human Resources to be FLSA "exempt" may not be suspended for less than a full work week; however, such employees may have available accrued time balances reduced as part of a disciplinary action, even if such reduction is less than a full work week.
17.20 LEAVE FOR DRAFT EXAMINATIONS.
Any employee of Milwaukee County shall be allowed time off with pay when requested to take draft examinations by any draft board having jurisdiction over such employee, provided that advance notice is given by such employee to his department head of such employee's call to appear for draft examination and present action of the order directing such appearance.
17.205 LEAVE FOR ATTENDANCE AT COMMITTEE MEETINGS.
Two members of an employee's organization shall be allowed time off with pay to attend meetings of the committees of the county board on matters in which such organization has an issue, except that such permission shall not apply during the period of the year when the county budget for the succeeding year is under consideration.
17.207 GRIEVANCE PROCEDURE.
(1) Application: Exceptions. A grievance shall mean any controversy which exists as a result of an unsatisfactory adjustment or failure to adjust a claim or dispute by a non represented employee or group of non represented employees concerning the application of wage schedules and provisions relating to hours of work and working conditions and non represented employees as well as students of County-operated or affiliated training programs or County employees in the unclassified service concerning discrimination based on race, sex, age, nationality, political or religious affiliation or handicap. The grievance procedure shall not be used to change existing wage schedules, hours of work, working conditions, fringe benefits and position classifications established by ordinances and rules which are matters processed under existing procedures.
(2) Representatives.An employee may choose to be represented at any step in the procedure by representatives (not to exceed three) of his choice, except that as to the first step, the choice shall be limited to employee representatives.
(3) Time of Handling.Whenever possible, grievances will be handled during the regularly scheduled working hours of the parties involved.
(4) Time Limitations.If it is impossible to comply with the time limits specified in the procedure because of work schedules, illness, vacations, etc., these limits may be extended by mutual consent in writing. If one of the parties requests an extension not mutually acceptable, the request with the reason therefore, may be submitted to the Personnel Review Board. After consideration and within eight (8) working hours after receipt of the request, they will notify both parties in writing of their decision to grant or deny the extension. If an extension is not requested within the time limits herein provided, or a reply to the grievance is not received within time limits provided herein, the grievance may be appealed directly to the next step of the procedure.
(5) Settlement of Grievances.Any grievance shall be considered settled at the completion of any step in the procedure, if all parties concerned are mutually satisfied. Dissatisfaction is implied in recourse from one step to the next.
(6) Forms. There are three separate forms used in processing a grievance: The Grievance Initiation Form, the Grievance Disposition Form and the Grievance Appeal Form. All forms are to be prepared in quadruplicate except at the county institutions, park commission, and department of public works, where five copies are to be prepared. Two copies are to be retained by the person originating the form; one copy will be sent to the other person involved in the procedure at that step, for example, immediate supervisor, and one copy will be forwarded to the Personnel Review Board. At the county institutions, one copy will be forwarded to the office of the director; in the park commission, one copy will be forwarded to the office of the general manager; and public works, one copy will be forwarded to the office of the director. The forms are available in the office of the Personnel Review Board and in any county department or institution. Each department or institution shall have forms readily available to all employees.
(7) Steps in the Procedure.
(a) STEP 1
1. The employee alone or with his/her representative shall explain the grievance verbally to his/her immediate supervisor designated to respond to employee grievances.
2. The supervisor designated in paragraph 1 shall within three (3) working days verbally inform the employee of his/her decision on the grievance presented.
(b) STEP 2
1. If the grievance is not settled at the first step, the employee or his/her representative shall prepare the grievance in writing on the Grievance Initiation Form and shall present such form to the immediate supervisor designated in Step 1 to initial as confirmation of his/her verbal response.
2. The employee or his/her representative after receiving confirmation shall forward the grievance to his/her appointing authority or to the person designated by him/her to receive grievances within ten (10) working days of the verbal decision. Failure of the supervisor to provide confirmation shall not impede the timeliness of the appeal.
3. The person designated in Step 2, Par. 2 will schedule a hearing with the person concerned and within ten (10) working days from date of service of the Grievance Initiation Form, the Hearing Officer shall inform the aggrieved employee in writing of his/her decision.
4. Those grievances which would become moot if unanswered before the expiration of the established time limits will be answered as soon as possible after the conclusion of the hearing.
5. The second step of the grievance procedure may be waived by mutual consent of the employee and the Department.
If the grievance is not resolved at Step 2 as provided, the employee or the Department may appeal such grievance within ten (10) working days to Step 3 if applicable or to Step 5.
(c) STEP 3
1. (Applicable only to department of public works, department of parks, and department of health and human services.) If the grievance is not settled at the second step, the employee and/or his/her representative will write up the Grievance Appeal Form and the employee shall present it to the employee's division or district head in his/her department, or in the case of the department of health and human services, to the employee's institution or department head or his/her duly designated representative, within five days after receiving the written decision as provided in Step 2.
2. The person designated in (c) 1. will review the record and interview the persons concerned and inform the aggrieved employee in writing of his/her decision with five days after receiving the Grievance Appeal Form.
(d) STEP 4
1. If the grievance is not settled at the second step or at the third step in the department of public works, the department of parks, or the department of health and human services, the employee and/or his/her representative will write up the Grievance Appeal Form and the employee shall serve it to the employee's department head or his/her duly designated representative, or in the case of the department of health and human services, the person designated by the director of the department of health and human services to receive grievance appeals, within five days after receiving the written decision as provided in Step 2 or 3.
2. The person designated in (d) 1. will review the record and interview the persons concerned and inform the aggrieved employee in writing of his/her decision within five days after receiving the Grievance Appeal Form.
(e) STEP 5.
1. If the grievance is not settled at the second step or if applicable the fourth step, the employee and/or his/her representative may appeal to the Personnel Review Board, within five working days after receiving the written decision provided in Step 2 or if applicable Step 4. The board will review the record of the case, hold a hearing thereon as soon as practical, notify all interested persons of the time and place of the hearing, and notify all interested persons of its decision in writing within ten days after the completion of the hearing.
17.21 BIWEEKLY PAYMENT OF SALARIES.
(1) Calculation of Payment.The salaries or wages of all officers and employees shall be paid biweekly on the second Thursday following the close of each biweekly pay period beginning on Sunday and ending on Saturday as follows:
(a) Employees for whose positions a biweekly rate is provided shall be paid such rate.
(b) Teachers, who are engaged ten months of the year, shall be paid biweekly during a period of forty-two (42) weeks per year in an amount equivalent to the annual compensation divided by twenty-one (21).
(c) Employees engaged on a per diem or hourly rate shall be paid such rate for each working hour or day and days of leave with pay.
(2) Deductions for Maintenance.All deductions for maintenance prescribed by the provisions of Section 17.14(4) of the General Ordinances shall be calculated biweekly in the same manner as the gross compensation is calculated.
(3) Deductions for Absences.Except as otherwise provided, employees who are absent without pay shall receive a deduction for each day of absence falling on a regularly scheduled day or a legal holiday falling within a period of unpaid absence as follows:
(a) Employees whose compensation is established on a basic forty (40) hour week shall receive a deduction of 1/10th of the biweekly pay (exclusive of overtime compensation) for each day of absence.
(b) Teachers shall receive a deduction of 1/10th of the biweekly pay for each day of absence.
(c) Firefighter and equipment operators shall receive a deduction of 1/6th of the biweekly pay for each working shift of twenty-four (24) hours ending within the payroll period during which the employee is absent without pay.
(d) Employees engaged in the field service of the Milwaukee county park commission assigned to an annual work year shall receive a deduction of 1/80th of the current biweekly rate for each hour of absence during the scheduled working period.
(4) Regular Paydays.A pay period shall consist of two calendar weeks beginning on a Sunday and ending on a Saturday. Employees shall be paid on alternate Thursdays, the second Thursday follow