Rule III - Examinations

-----------------RULE III-----------------

EXAMINATIONS

RULE III, Section 1

ANNOUNCEMENT OF EXAMINATION

(1) The Director of Human Resources shall issue announcements for open or promotional examinations to fill vacancies in the classified service or to provide eligible lists for positions where vacancies are likely to occur.

(2) The Director of Human Resources shall include in such announcement a statement of:

(a) the classification and limits of pay of the position to be filled;

(b) the period during which applications will be received shall not be less than seven calendar days unless otherwise noted on the announcement;

(c) any special physical or medical requirements, or special qualifications as to training or experience demanded of applicants;

(d) the restrictions as to previous service in the case of promotional examinations, and as to age, sex or residence (if there be such restrictions) in the case of open examinations, and as to such other qualifications as may be required.

(3) The Director of Human Resources shall give the examination such publicity as in his/her judgment will bring it to the attention of persons qualified to fill the classification. Announcements shall be furnished applicants and posted or circulated as the Department of Human Resources deems advisable. A copy of every announcement shall be sent to the county departments, institutions and boards concerned and shall be posted in a conspicuous place in the Department of Human Resources for the time period specified in the announcement. Access to the Department of Human Resources and to examination announcements shall be provided to people with handicaps.

(4) Job announcements shall be reviewed to assure compliance with Federal and State laws, as well as County ordinances and resolutions.

(5) The Director of Human Resources may issue one announcement for a competitive or non-competitive examination for two or more classifications which require similar training, education, experience and skills, and may create one or more eligible lists as a result of such examination. Candidates certified as eligible for appointment from the eligible list(s) created under this provision may be removed for one year from the eligible list(s) upon accepting an appointment to any of the classifications for which the examination was conducted, as indicated on the examination announcement and may be restored to the eligible list(s) by the Director of Human Resources after completion of one year of service. The Director of Human Resources may request applicants for examinations announced under this provision to identify specific classifications in which he/she is interested, or various work experience or skills possessed which may be used to certify qualified individuals to vacancies in classifications requiring such experience or skills. Examinations may be announced under this provision on an original or promotional basis. The Director of Human Resources may refuse to re-examine an applicant deemed not eligible for a period not to exceed twelve months as noted on the examination announcement.

(6) The Director of Human Resources may announce examinations for classifications in which there are no current vacancies and indicate on the announcement a specified time period during which an application would remain active. Upon conducting an examination, only those applicants who have active applications will be examined.

RULE III Section 2

NOTICE OF EXAMINATIONS

(1) The Department of Human Resources shall prepare a notice of examination which shall include the date, the hour and the place where such examination shall be held, except in those instances where such an examination does not require the actual presence of the applicant.

(2) The examination shall not be held less than 7 calendar days following the closing date of the announcement.

RULE III, Section 3

COMPETITION

All original examinations for classifications held under the provisions of the Civil Service Act or of these rules shall be public, competitive and open to all persons who have filed applications and who have not been debarred for cause in accordance with the provisions of these rules. The rules governing promotion examinations shall be the same as for original examinations, except where otherwise provided in these rules. No examination shall be held unless there are two or more eligible persons competing; provided, however, where notification and advertising of such examination in a highly technical or professional classification reveals that no more than one (1) candidate can be obtained, the Commission may, in its discretion, approve the eligibility of such candidate if the representative examining committee certifies that such candidate meets the qualifications therefor. Should not more than one eligible candidate register for promotion examination, or should a sufficient number of candidates to fill existing vacancies fail to pass, an original examination shall be held.

However, any employee in the classified service whose position has been reclassified in accordance with the provisions of these rules shall not be required to take any original or promotional examination for that classification and shall be given a regular appointment in the new classification upon receipt of written notification in the manner prescribed by the Director of Human Resources from the department head or appointing authority that such employee is performing the duties of the new classification adequately.

RULE III, Section 4

SPECIAL EXAMINERS

All examinations shall be conducted under the direction of the Director of Human Resources and the Director of Human Resources may designate and appoint special examiners to personally conduct any part of an examination.

RULE III, Section 5

SUBJECT AND WEIGHTS

Examinations shall be practical in their character and shall relate to such matters as will test, fairly and practically, the ability of each applicant to fulfill the requirements of the classification to which he seeks to be appointed and may include tests of physical qualifications, and, when appropriate, of manual skill. No question pertaining to political affiliation or religious faith shall be asked of any applicant. Each examination shall embrace certain subjects to which weights shall be assigned, the weights given to each subject to represent its relative value in ascertaining the fitness of applicants. The subjects and respective weights thereof in all original and promotion examinations for classifications in the classified service shall conform to such schedule of subjects and weights for each classification as shall be set by the Director of Human Resources for each examination at the time of advertising. For examinations for administrative or professional classifications, and for such other classifications for which specific written or performance tests are not practicable, the Director of Human Resources may conduct an investigation of the careers of the applicants and such examinations need not be divided into phases for which definite or specific subjects or weights need be given.

RULE III, Section 6                                                                           

GENERAL AVERAGE

Each subject for examination shall be graded independently and the proficiency of each applicant in each of the subjects of examination shall be rated on the scale of 100, which shall represent the maximum possible attainment; the rating on the scale of 100 on each subject separately shall be multiplied by the weight assigned to such subject; the resulting products from all subjects of examination shall be added and the total product shall be divided by the total weights of all subjects in the examination and the resulting quotient shall be the general average which shall be used in determining the order in which the name of the candidate shall appear on the eligible register.

RULE III, Section 7

SCOPE OF SUBJECTS

(1) Under the subject termed "Special Subject" in original examinations, the candidate shall be examined in such matters as are involved in the duties of the classification to be filled, or as will test his fitness to discharge such duties and meet such requirements. The examinations in "Special Subject" for any classification may be written, oral, performance, or practical tests of skill, or a combination of either or all of them, except when the oral test is given in combination with the written or practical tests or both, the oral shall not have a weight of more than one-half the total weight of the "Special Subject".

(2) Under the subject termed "Experience", in original or promotion examinations, the candidate shall be required to give his age, education, training, and a concise statement of his practical experience, with names of employers, dates and description of the work performed.

(3) Under the subject termed "Physical", in original or promotion examinations, the candidate shall be tested as to his bodily condition, muscular strength, agility and physical fitness to perform the duties of the position to be filled.

(4) Under the subject termed "Duties" in promotion examinations, the candidate shall be examined in such matters as will fairly test his knowledge of the actual duties, responsibilities and requirements of the position to be filled and his fitness to discharge such duties and meet such requirements. The examination in the subject "Duties" may be written, oral, performance, or practical tests of skill, or a combination of either or all of them, except when the oral test is given in combination with the written or practical or both, the oral shall not have a weight of more than one-half the total weight of the subject "Duties".

(5) The subject "Seniority" in promotion examination shall not consist of any tests in examination but shall consist of a marking determined for each individual candidate in the manner prescribed in Section 4 of Rule VI of these rules.

(6) The subject "Efficiency" in promotion examination shall not consist of any tests in examination but shall consist of a marking determined for each individual candidate in the manner prescribed in Section 4 of Rule VI of these rules.

(7) The Director of Human Resources may eliminate from further competition in the examination any candidate whose grade in the written, performance, or practical test under "Special Subject", or "Duties", or in a written, performance, or practical test used as a verification of claimed training or experience, is less than sixty percent, or is less than the median.

 RULE III, Section 8

ELIGIBLE LISTS

(1) From the return of reports of examiners or from the examinations made by the Director of Human Resources for classifications, an eligible list for such classification shall be prepared upon which shall appear the names of all persons whose general average, calculated as set forth in Section 6 of this rule, is a standard score of seventy percent or more, of complete proficiency, and the names of such persons shall appear on such list in the order determined by the said general average of each, those with a higher average taking precedence. The name of no person shall be entered on such eligible list whose grade in the subject termed "Special Subject" in the original examination or in the subject termed "Duties" in promotion examination is less than a standard score of sixty percent of complete proficiency. Whenever two or more eligibles shall have the same average percentages, priority of application shall determine their respective standings on the eligible list. Veterans who receive a general average of a standard score of seventy percent or more as calculated in Section 6 of this rule shall be given preference points in accordance with s.230.16(7) of the Wisconsin Statutes. Proof of such status as a veteran, plus proof of disability which is directly traceable to war service, if additional points are to be granted, shall be required for each application submitted. Such proof shall be presented by the applicant at any time during the selection procedure but not to exceed ten working days after the establishment of the eligible list.

(2) The names of eligibles established through examinations which the Department of Human Resources has advertised as continuous shall be placed on eligible lists at such times as determined by the Director of Human Resources; provided that any person aggrieved by the action of the Director of Human Resources may appeal such action to the Civil Service Commission.

(3) The Director of Human Resources may authorize an appointing authority to make an emergency appointment whenever:

(a) the labor market is inadequate within a given classification; or

(b) no applications have been received from persons meeting the requirements set forth in the call for such examination within the time limit prescribed for filing applications; or

(c) no persons taking such examination have a general average of a standard score of seventy percent or more; or

(d) all persons having a general average of a standard score of seventy percent or more cannot meet the physical or medical requirements established for the classification; or

(e) a position must be filled pending an examination. Upon the making of an emergency appointment, an examination for the classification shall be called, unless emergency appointment is to an hourly position or is contingent upon the incumbent's completion of licensing requirements. In January of each year the Director of Human Resources shall inform the Commission of all emergency appointments which have been in effect for six months or more.

RULE III, Section 9

LIFE OF ELIGIBLE LISTS

(1) Eligible lists for classifications in the classified service shall expire when deemed appropriate by the Director of Human Resources,

(a) provided that any person whose name appears on an eligible list and who has been in the employ of Milwaukee County on temporary appointment shall have his/her name retained on such eligible list during such period of temporary appointment and from the expiration of his/her appointment for the life of the eligible list, providing his/her services while on temporary appointment have been satisfactory;

(b) and provided, further, that the name of any person appearing on an eligible list who has signed a written statement that he is not interested in accepting appointment to a permanent position or who has failed to respond to a written request for a statement as to his/her willingness to accept appointment to a permanent position, be removed from the eligible list; provided that any person whose name is removed from the eligible list by action of the Director of Human Resources may have the action reviewed by the Civil Service Commission.

(c) any name which has been removed from the eligible list by error shall be reinstated to the eligible list by action of the Director of Human Resources. Any person aggrieved by the action of the Director of Human Resources may appeal such action to the Civil Service Commission.

(2) The life of layoff/recall lists shall be three years and one day from the day the individual became eligible for layoff/recall except that when an employee on regular appointment has been laid off from a permanent position in the classified service and recalled to a temporary position and is again laid off by reason of the termination of his/her temporary appointment, his/her name shall remain on the layoff/recall list from the date of the termination of the temporary appointment as if he/she had originally been laid off as of that date.

(3) Any person whose name appeared on an eligible list and who entered the military service of the government of the United States in any branch of its armed forces during the life of such eligible list, may have his/her name restored to such eligible list following his/her honorable discharge from active service, and:

(a) that he/she is still qualified to perform the duties of the classification, and

(b) that he/she request restoration of his/her name to the list of eligibles within ninety days after the termination of services in the armed forces or of hospitalization continuing after discharge for a period of not more than one year. The name of the eligible so restored to the eligible list shall remain on such list for the life of the eligible list.

RULE III, Section 10

REVIEW OF EXAMINATIONS

In the absence of proof of fraudulent acts or of false statements by an applicant, no examination or papers connected therewith shall be subject to review after the posting of an eligible list resulting therefrom, except that the Director of Human Resources may correct clerical errors of examiners or errors made in calculating averages any time before the cancellation of such list; provided, however, that no person theretofore certified from such list shall be displaced by reason of such correction. Examination papers of any examination shall be preserved for a period of one year from the date of the examination, after which they may be destroyed if considered desirable.

 RULE III, Section 11

PROVISIONS FOR THE HANDICAPPED

(1) Non-discrimination. No otherwise qualified handicapped persons shall be discriminated against in examination, re-examination, reinstatement, promotion or demotion unless the handicap is reasonably related to the individual's ability to adequately perform the required job related responsibilities,

(a) to ensure equality with non-handicapped applicants, the handicapped applicant may request the Director of Human Resources to provide reasonable accommodations to take an examination; and

(b) any handicapped applicant or employee who feels he or she was discriminated against in examination, re-examination, layoff/recall, promotion or demotion may request that the State Department of Health and Social Services obtain, from the Director of Human Resources, a detailed description of the duties of the position and investigate the necessity of physical, sensory and mental abilities in the fulfillment of the duties of the job and report its findings as to the physical ability of the applicant, eligible person or employee to perform the duties of the position to the Director of Human Resources. The findings shall be conclusive as to the physical qualifications of the applicant, eligible person or employee.

(2) Special lists of handicapped eligibles, certification and appointment,

(a) the Director of Human Resources may prepare without examination, a special list of eligible persons certified as having a severe physical or mental impairment, who are physically and mentally capable and adequately trained to qualify for a position in the classified service. The Director of Human Resources shall determine that all individuals on a special list of handicapped eligibles meet the minimum qualifications for the classification to which the individuals will be certified as eligible and present such special list of handicapped certified eligibles to an appointing authority; and

(b) an appointing authority may appoint a person from a special list of handicapped eligibles to a temporary appointment for a period of six months. Upon successful demonstration of the ability to perform the duties of the classification during the temporary appointment period the handicapped person shall qualify for a regular appointment to the position; and

(c) the Director of Human Resources may limit the number of persons who may be appointed from the special list of handicapped eligibles.

RULE III, Section 12

NON-COMPETITIVE EXAMINATIONS

The Director of Human Resources may hold a non-competitive original entrance examination or a non-competitive promotional examination if it is impractical to hold a competitive examination and if the examination is for a classification:

(a) in an unskilled class of work which had no administrative or supervisory responsibilities and which requires no verbal or clerical skills for proper performance of the duties of the classification; or

(b) requiring highly specialized or technical training which can be adequately demonstrated by possession of related certification or licensing; or

(c) in an established unit, department, or entity brought into county service which are required to be in the classified service and are filled at the time of transfer to the County.