---------------RULE IV---------------- REQUISITION, CERTIFICATION AND APPOINTMENT RULE IV, Section 1 REQUISITION (1) Whenever an appointing authority learns that a vacancy has occurred or is about to occur in any position in the classified service in his or her department, the appointing authority shall, if he or she intends to fill the position, utilize the appropriate procedure to notify the Director of Human Resources of the vacancy. Such notice of a vacancy shall include the department in which the vacancy exists, the classification and compensation of the position to be filled, and an indication if the request is to fill a vacancy in an authorized number of hours for the classification. The appointing authority shall include with his/her notice a recommendation as to whether the vacancy should be filled: (a) from a certified list of eligibles; or (b) by promotion, reduction, or reinstatement of a named county employee from any county department; (10) or (c) from a special list of handicapped eligibles per Rule III, Section 11(2). In the event the position to be filled has not been classified, the appointing authority shall submit a statement of the duties, qualifications and other matters affecting the classification and compensation of such position, whereupon the Director of Human Resources shall proceed under the provisions of Section 4 of Rule I of these rules. (2) Upon receipt of a requisition, the Director of Human Resources shall certify for appointment the person whose name stands highest on the layoff/recall list of eligibles who are on lay off from a classification appropriate to the duties and qualifications of the position to be filled, provided such person has notified the Director of Human Resources that he or she is again interested in obtaining a position in the county service. It shall not be mandatory for the Director of Human Resources to certify any individual whose name appears on the layoff/recall list, who, in the discretion of the Director of Human Resources, is no longer competent or fit to perform the duties of the position to be filled. 1 Any person aggrieved by the action of the Director of Human Resources may appeal such action to the Civil Service Commission. (3) If there is no layoff/recall list for the requested classification, then the Director of Human Resources may: (a) certify to the appointing authority up to ten names from the appropriate list of eligibles if the request is to fill an authorized position and all individuals on the appropriate transfer list and reinstatement list; or all names on the eligible list if the request is to fill a vacancy within an authorized number of hours for the classification and all individuals on the appropriate transfer list and reinstatement list; the names certified shall be resulting from: a competitive examination for the classification of the vacant position; or from a reinstatement, layoff/recall or eligible list of a similar classification in the same or higher pay range than the vacant position provided that the examination for the similar classification is a valid and reliable test for the position to be filled and provided that persons whose names appear on a promotional eligible list shall have precedence for certification over those whose names appear on the eligible list from an original entrance examination. (b) after verification that the recommendation from the appointing authority to fill the vacant position with a named County employee is based upon the employee's merit and fitness for the position and that the employee meets the established minimum qualifications for the classification; and that the employee has held a regular appointment to a different classification in the classified service for at least six months immediately prior to the request; or holds a temporary appointment to a position in the classified service; or is on a leave of absence, reinstatement list, or layoff/recall list from a position in the classified service to which he/she held a regular appointment; or continuously has held an appointment to a position in the unclassified service for at least six months immediately prior to the time of the request; or continuously held an appointment to a position in the unclassified service for at least six months prior to being placed on a leave of absence from that position; or being placed on a reinstatement list or layoff/recall list; certify the employee's name to the appointing authority; 10 or (c) certify to the appointing authority a special list of handicapped eligibles per Rule III, Section 11(2); or (d) certify to the appointing authority the entire list of The Director of Human Resources shall also certify appropriate reinstatements as noted in Section 1(3)(a) of Rule IV of these rules.11 (4) If certification is made under Rule IV, Section 1(3)(a): (a) and more than one vacancy in the same classification is to be filled, two additional names may be certified for each additional vacancy, providing there are sufficient names on the eligible list; (b) in the event fewer than five names appear on the eligible list certified by the Director of Human Resources to the appointing authority, the appointing authority may appoint from the certified names or request certification of additional names. (5) When certification and appointment, however, are made from a reinstatement, layoff/recall or eligible list for a higher classification than the classification in which the vacancy exists, such certification and appointment to the lower classification shall establish the employee on regular appointment in such lower classification subject to such probationary period regulations as are prescribed in the rules of this Commission; (a) provided, that if a vacancy occurs in the higher classification for which the reinstatement, layoff/recall or eligible lists are applicable during the time the employee is in good standing on the reinstatement, layoff/recall or eligible list, certification to such vacancy shall include, in the order in which they stood on such list, the name or names of any persons certified to the lower classification. (6) The appointing authority shall make selection with reference solely to merit and fitness from the names certified, unless objection is made and sustained by the Director of Human Resources to one or more of the persons named, in which case the Director of Human Resources shall certify in addition the name or names next following upon the eligible list. Any person aggrieved by the action of the Director of Human Resources may appeal such action to the Civil Service Commission. No person shall be certified to any classification at a salary higher than the minimum salary prescribed in the schedules of compensation except with the approval of the County Board, or, where provided by ordinance, the Civil Service Commission. RULE IV, Section 2 CERTIFICATION OF EMPLOYEES ELIGIBLE TO RETURN TO WORK FROM DISABILITY PENSION 1 If an employee applies for or is granted a disability pension by the Pension Board and the Director of Human Resources determines the employee is capable of performing the duties of the classification previously held or the duties of any other classification in the classified service, the Director of Human Resources: (1) may place the name of the individual on layoff/recall lists for the classification previously held and/or any other classification(s) of which he/she can reasonably perform the duties based upon his/her training, education, experience and medical condition. The name of the individual shall remain on the layoff/recall list(s) indefinitely until such time as he/she is appointed to a classification in a pay range equal to the classification held prior to his/her disability. (2) may certify in accordance with Section 1 of this rule the individual in the same manner as a laid off employee, based upon seniority, to vacancies in any of the classifications which are determined to be appropriate. Once the individual is appointed to a vacancy, he/she shall serve the normal probationary period for that classification unless he/she is appointed to the classification held immediately prior to disability. However, after appointment to a vacancy in a classification in a lower pay range than the classification held at the time of becoming disabled, the individual's name shall remain on the layoff/recall lists in a higher pay range until such time as he/she is appointed to a vacancy in a classification which is in the same pay range as the classification held at the time of disability. 12 (3) shall reinstate all seniority, vacation, sick allowance and other benefits to employees who return to active employment in accordance with 1 and 2 above in the same manner as any other employee who is recalled from layoff. 1. RULE IV, Section 3 NOTICE OF CERTIFICATION (1) Upon certification, whether for reinstatement or for original or promotional appointment, a written notice shall be sent to the appointing authority with the names of the certified eligibles. The appointing authority shall contact and interview as many persons on the certified list of eligibles as is necessary to fill the vacant position. Prior to making an appointment, the appointing authority shall inform all certified individuals in writing of the procedure being used to screen candidates and make an appointment whenever the list includes individuals certified as a result of a competitive examination. (2) Failure of an eligible to report to the appointing authority for duty within two days after the date of appointment or failure to communicate with the latter in person or in writing shall be construed as a surrender by such eligible of his or her right of appointment and his or her place upon the list of eligibles. (3) The appointing authority shall immediately report to the Director of Human Resources all appointments, together with a report on all certified eligibles who indicated no interest in employment in county service. (4) Employees accepting appointment from a promotional eligible list are thereby permanently separated from the position from which they were promoted: (a) provided, that any such employee, in the discretion of the Director of Human Resources within six months, upon his or her request and with the approval of the appointing authority, may be reinstated in any vacancy in a classification of the same or similar title and range of compensation from which he or she was so separated, or, his or her name may be placed upon the appropriate reinstatement list. Any employee aggrieved by the action of the Director of Human Resources may appeal to the Civil Service Commission; and (b) provided, further, that where an employee accepts appointment to a higher classification, the duties of which have been specified temporary, he or she shall be reinstated in his or her former position without loss of seniority when such higher duty is completed. RULE IV, Section 4 WAIVER OF CERTIFICATION An eligible may waive certification or reinstatement upon reasons deemed satisfactory to the Director of Human Resources and the eligible shall retain his/her standing on the eligible list from which certification was made. If the reasons for waiver of certification or appointment after certification are not satisfactory to the Director of Human Resources the name of the eligible shall be removed from the eligible list provided that employees certified for regular appointment to a position from an established eligible list shall have the option of declining one such appointment without prejudice to their relative position on such eligible list. However, any employee who rejects a second appointment, having been again certified from the same eligible list, shall be removed from such eligible list. Any person aggrieved by the action of the Director of Human Resources may appeal to the Civil Service Commission. RULE IV, Section 5 PROBATION All persons certified from original or promotion eligible lists shall be on probation for the first 1040 hours of straight time hours paid, excluding overtime, unless further extended by the Director of Human Resources for a period not to exceed an additional 1040 hours of straight time hours paid, excluding overtime, except that for classifications of Deputy Sheriff, Deputy Sheriff I, and Juvenile Correctional Worker, Juvenile Correctional Worker-Bilingual(Spanish), Juvenile Correctional Worker Supervisor (13) and all Correction Officers I, including but not limited to Correction Officer I, Correction Officer I (Boiler Operation), Correction Officer I (Clerical), Correction Officer I (Recreation), and Director of Training (International Health), probationary period shall be for the first 2080 hours of straight time hours paid, excluding overtime. For the classifications of Firefighter and Equipment Operator and Firefighter and Equipment Operator In Charge, the probationary period shall be the first 2,919.8 hours of straight time hours paid, excluding overtime. For represented 1 and non-represented supervisory classifications and positions in the classified service included in the executive compensation plan appearing in Chapter 17 of the General Ordinances of the County of Milwaukee, the probationary period shall be for the first 2080 hours of straight time hours paid, excluding overtime. For the classification of Deputy Sheriff, the probationary period shall be the first 2,600 hours of straight time hours paid, excluding overtime. For classifications which require licensing or professional certification, the probationary period shall extend through the first 1040 hours of straight time hours paid, excluding overtime, or until licensing or professional certification is received, whichever is longer. For classifications such as Clinical Psychologist, where temporary licensing or professional certification limits the duties which can be performed by the employee, the probationary period shall extend from the date of appointment through 1040 hours of straight time paid, excluding overtime, after the employee has received final licensing or professional certification.(14) The Department of Human Resources shall designate at the time of advertising an examination the probationary period required. If any probationer shall: fail to obtain the necessary licensing or professional certification within a reasonable length of time; or be found incompetent or unqualified, in the opinion of the appointing authority, to perform the duties of the position to which he/she has been certified; the appointing authority may separate the probationer prior to the completion of the probationary period and shall submit to the Department of Human Resources a written statement of his or her reasons for such separation, together with other such performance evaluation reports as the Department of Human Resources may require. The retention of a probationer in the service after the expiration of the probationary period shall be equivalent to his or her final and absolute appointment. Upon the separation of a probationer, the Director of Human Resources may at his/her discretion restore the probationer's name to an appropriate eligible list with status similar to that held prior to appointment, and the employee may thereafter be certified from such eligible list to any department other than that from which he or she was separated, and if an appointment is made, such appointment shall again be probationary for the full period indicated for original, promotional, or reinstatement probationary periods. Any person aggrieved by the action of the Director of Human Resources may appeal such action to the Civil Service Commission. RULE IV, Section 6 TEMPORARY APPOINTMENTS (1) Upon receipt of a request by the appointing authority, the Director of Human Resources may grant authority to said officer to make a temporary appointment from eligible lists, if there be such lists, in the manner prescribed for filling and making permanent appointments, to fill a vacancy in a position of an essentially temporary nature; provided, (a) that the appointing authority gives facts which, in the judgment of the Director of Human Resources, show that the said employment is necessary and is of a temporary nature; and (b) that no such authority shall be granted for a period greater than permissible by State Statute and County Ordinance. (2) Upon receipt of a requisition for certification to a classification for which there is no eligible list, the Director of Human Resources may grant authority to the appointing power making such requisition to make an emergency appointment to fill said position and to remain in force only until an eligible list can be prepared and certification can be made therefrom as provided in subsection (1) hereof. Such appointment shall be subject to the provisions of sub-paragraphs (a) and (b) of subsection (1) hereof. RULE IV, Section 7 EMERGENCY APPOINTMENTS Any person holding an emergency appointment to a position in the classified service shall not have civil service status or rights, except that such emergency appointee shall be entitled to, in accordance with prerequisites indicated, vacations, sick allowance, leave of absence of less than thirty days, and the annual salary increments as recommended by the appointing authority. RULE IV, Section 8 BOND When the position to be filled involves fiduciary responsibility, the appointing authority may, with the approval of the County Board of Supervisors, require the appointee to furnish an official bond, payable to the County of Milwaukee, in an amount to be determined by the County Board of Supervisors and in a form to be prescribed by the Corporation Counsel. RULE IV, Section 9 VETERANS POINTS (1) Veterans who receive a general average of a score of seventy percent or more as calculated in Section 6 of Rule III 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) (a) persons shall be certified from an eligible list under s.63.05(1)(b) of the Wisconsin Statutes, in accordance with Commission Rule IV, Section 1(3)(a), without the addition of veterans points to any individual's examination score; and (b) any veteran whose examination score plus the veterans points to which he or she is entitled results in a score equal to or higher than the lowest score of all persons certified under (2)(a) of this section, shall have his or her name added to the list of certified eligibles; and (c) the number of veterans added to the certification list may not exceed the number of persons originally certified under (2)(a) of this section. |