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---------------RULE VII---------------
SEPARATIONS; SUSPENSIONS
RULE VII, Section 1
DEMOTION AND DISMISSAL; SUSPENSIONS; PROCEDURES
Whenever a person possessing appointing power in the County, as to employees under their respective jurisdictions, believes that an employee in the classified service in his department has acted in such a manner as to show him to be incompetent to perform his duties or have merited demotion or discharge, he shall report in writing to the Civil Service Commission, setting forth specifically his complaint, and may suspend the officer or employee without pay at the time such complaint is filed. Nothing in this section shall limit the power of the department head to suspend a subordinate for a reasonable period not exceeding ten(10) days. In case an employee is again suspended within 6 months for any period whatever, the employee so suspended shall have the right of hearing by the Commission on the second suspension or any subsequent suspension within said period the same as herein provided for in demotion or dismissal proceedings. All suspensions shall be immediately reported in writing to the Commission. The Commission may, in its discretion, investigate any such suspension and in the case of its disapproval, the suspended employee shall be immediately reinstated, and any part or all of the pay which he may have lost may be restored to him by order of the Commission.
RULE VII, Section 2
WHO SHALL OR MAY FILE CHARGES
(1) It shall be the duty of the superior officer to file charges against any officer or employee subordinate to him and in the classified service if there be cause for demotion or discharge of such officer or employee.
(2) It is the duty of the Director of Human Resources to file charges against any officer or employee in the classified service upon receipt of evidence showing cause for demotion or discharge of such officer or employee in cases where a department head or appointing authority neglects or refuses to file such charges.
(3) Charges may be filed by any citizen against an officer or employee in the classified service where in the judgment of the Commission, the facts alleged under oath by such citizen and supported by affidavit of one or more witnesses would, if charged and established, amount to cause for the discharge of such officer or employee.
(4) The Commission shall forthwith notify the accused officer or employee of the filing of such charges and on request, provide him with a copy of the same.
(5) An officer or employee against whom formal charges for discharge or demotion have been filed may be suspended from duty without pay pending a hearing on such charges before the Commission and the Commission's decision thereon.
RULE VII, Section 3
FILING; NOTICE; HEARING
(1) In cases involving the filing of charges for discharge or demotion, the Commission shall appoint a time and place for the hearing of said charges, the time to be within three weeks after the filing of the same, unless further time be granted by the Commission for cause shown, either upon the application of the complainant, the employee or his attorney before the expiration of said three weeks. Notice shall be given the complainant and the employee or his attorney of the time and place of said hearing. In cases where an employee is suspended a second time within six months for any period whatever, the employee so suspended shall the right of a hearing by the Commission on the second suspension or any subsequent suspensions within the said period, the same as herein above provided for in demotion or dismissal proceedings.
(2) The complaint shall state specifically the facts alleged to constitute cause for suspension, demotion or discharge, and shall refer to the paragraph or paragraphs in Section 4 of this rule under which said charges are brought.
(3) Neither the complainant nor the accused shall have the right to be represented by counsel at said hearing, but the Commission may, in its discretion, permit the accused to be so represented and may request the presence of a member of the Corporation Counsel's staff for the examination and cross-examination of witnesses and to advise the Commission on legal questions arising at the trial.
(4) At the termination of the hearing, the Commission shall determine whether or not the charge is well founded and shall take such action by way of suspension, demotion, discharge or reinstatement as it may deem requisite and proper under the circumstances and as its rules may provide. Such decision shall be final and shall be certified to the appointing authority and be forthwith enforced by him.
RULE VII, Section 4
CAUSES FOR DISCHARGE, SUSPENSION OR DEMOTION AND/OR REEVALUATION
(1) The following are declared to be cause for discharge, suspension or demotion and/or the approval of or the imposition of an employee reevaluation period as provided in Rule VI, Section 8, of the rules of the Milwaukee County Personnel Review Board, of any officer or employee from the classified service of the County of Milwaukee, though charges may be based upon causes and complaints other than those here enumerated, namely:
(a) Theft of private or county property.
(b) Unauthorized use, misuse, destruction of or damage to any property including vehicles, said damage occurring because of neglect while on county business.
(c) Unauthorized use of county premises.
(d) Violation of rules or practices relating to security of county property or county premises.
(e) Unauthorized use, duplication or possession of county keys, or electronically controlled access cards.
(f) Distributing or posting handbills, pamphlets or other written or printed material in any work area without authorization.
(g) Posting, removing or tampering with county bulletin board material without authorization.
(h) Failure to observe parking or traffic regulations as established by ordinance, statutes or departmental rules while on county business.
(i) Violation of rules or practices relating to safety.
(j) Littering, creating or contributing to unsanitary or unsafe conditions on county premises.
(k) Refusing or failing to obey orders of supervisor whether written or oral.
(l) Refusing or failing to comply with departmental work rules, policies or procedures.
(m) Threatening, intimidating, coercing or harassing employees or supervision at any time.
(n) Making false or malicious statements, either oral or written, concerning any employee, the county or its policies.
(o) Unexcused, unauthorized or excessive absence.
(p) Unexcused, unauthorized or excessive tardiness.
(q) Leaving early and/or failure to be at assigned work area at the start or end of shifts, breaks and/or meal periods.
(r) Leaving place of work during working hours without authorization, wasting time or loitering.
(s) Stopping work before designated quitting time.
(t) Failure or inability to perform the duties of assigned position.
(u) Substandard or careless job performance.
(v) Restricting output or engaging in any intentional slowdown, work stoppage or strike.
(w) Engaging in any unauthorized activity which distracts or disrupts employees in the performance of their duties.
(x) Interference with normal work flow or departmental procedures.
(y) Falsification, modification or unauthorized alteration of any county record or report.
(z) Knowingly punching or marking another employee's time card, having one's time card punched or marked by another, altering time card for any unauthorized reason or inaccurately recording time worked.
(aa) Unauthorized obtaining or disclosure of confidential or privileged information.
(bb) Commission of a criminal act which meets the non-discriminatory practices in conformance with State Statutes.
(cc) Reporting to work or working while under the influence of intoxicating beverages and/or narcotics or other drugs or having unauthorized possession of same on county premises during working hours.
(dd) Indecent, criminal or inappropriate conduct on county premises or during working hours.
(ee) Abusive or improper treatment toward an inmate or patient of any county facility or to a person in custody; provided the act committed was not necessarily or lawfully done in self-defense or to protect the lives of others or to prevent the escape of a person lawfully in custody.
(ff) Offensive conduct or language toward the public or toward county officers or employees.
(gg) Sleeping, dozing or lack of attentiveness during working hours.
(hh) Possession of unauthorized weapons on county premises or during working hours.
(ii) Provoking or instigating a fight or fighting during working hours or on county premises.
(jj) Engaging in horseplay or scuffling on county premises during working hours.
(kk) Engaging in personal activities during working hours.
(ll) Gambling on county premises or during working hours.
(mm)Vending, soliciting or collecting contributions for any purposes without authorization on county premises.
(nn) Inducing or attempting to induce any officer or employee in the county service to commit an illegal act or to act in violation of any departmental or official regulation or order, or the Rules of the Commission.
(oo) Soliciting or receiving from any person or participating in any fee, gift or other thing of value in the course of one's work, when such fee, gift or other thing of value is given in the hope or expectation of receiving a favor or better treatment than that accorded other persons.
(pp) Threatening or attempting to use or using political influence, or giving or being in any way involved in giving any money or any other thing of value in return for appointment, promotion, transfer, leave of absence or change in appropriation or pay.
(qq) Engaging in pernicious political activity by making use of one's position to further the candidacy of any person or engaging in political work during regular work hours. Nothing in this section shall be construed to interfere with the right of any employee in the classified service to become a member of a political club, to attend political meetings, to express his or her opinion on all political subjects, and to enjoy freedom from all interference in casting his or her vote.
(rr) Removal of permanent residence to some place outside of Milwaukee County, except as specifically authorized by the Commission or failure to establish permanent residence in Milwaukee County within the time limited by the Commission.
(ss) Willful violation of any of the provisions of the County Civil Service Act or of the Rules of the Commission or ordinances of Milwaukee County.
(tt) Knowingly discriminating against anyone for employment or delivery of services because of such individual's age, race, color, handicap, sex, creed, national origin or ancestry.
(2) When used in this section, these words or terms shall have the following meaning and import:
(a) Property; anything of value.
(b) County property; any property owned or leased by or in the custody or control of the county.
(c) County premises; any building or structure or part thereof or any lands owned, leased or in the custody or control of the county or devoted to use by the county.
(d) County; Milwaukee County, a municipal body corporate, and all of its agencies, boards, commissions, institutions, departments and divisions.
(3) A copy of this section, with any amendments thereto, shall be submitted to the head of every department to be posted by him in such manner as to bring it to the attention of all employees of such department.
RULE VII, Section 5
REHEARING
Petitions for rehearing of persons discharged or demoted must be filed with the Commission within two weeks after the order of discharge has been entered. Such petition shall be granted only where it is shown and established that evidence can be presented which the petitioner could not by the exercise of diligence have discovered and submitted at the original hearing or investigation, which evidence would have been sufficient if there presented to have changed the findings of the investigating officer or board. The petition shall state the grounds upon which it is based, verified by affidavit.
RULE VII, Section 6
MERIT SYSTEM VIOLATION
(1) Any supervisor, employee or member of the public may file a complaint with the Commission alleging a violation of the merit system at any time within 90 days of the alleged violation or within 90 days after the party knows or should reasonably have known of the alleged violations. The complaint shall state with specificity the alleged merit system violation.
(2) The Commission shall, within 21 calendar days after receipt of the complaint, schedule and conduct a pre-hearing giving notice of the time and place thereof to the complainant and the person or persons against whom the violation is alleged. At the pre-hearing conference, dates shall be set for the hearing of any motions and further, the scheduling of a hearing date. The hearing may be adjourned from time to time for cause shown.
(3) At the termination of the hearing, if the Commission determines that the allegations have not been proved, the complaint shall be dismissed. If the Commission finds that the allegations have been proved, the Commission shall take action as it deems necessary and proper to remedy the effects of the violation and shall issue Findings of Fact and Conclusions of Law.
(4) The decision of the Commission shall be final and binding.
(5) This rule shall not be used for the purpose of replacing or circumventing ordinances, procedures or contractual provisions for the adjustment of employee grievances. |