CCR2009118-Policy-Hiring-Attachment
Employee Hiring Policy
Resolution 118-2009
Effective August 11, 2009
I. PURPOSE
The City of Muskego recognizes that hiring the best, most qualified person for a city position
is a very important task and that city employees are its most valuable resource.
This policy sets forth the guidelines to be utilized by department heads throughout the hiring
or “selection” process of full-time and permanent part-time personnel. All applicants must be
given an equal opportunity for employment. All qualified candidates for city positions must
be treated in the same manner and given the same consideration without regard to their traits
that are protected by law.
The 1978 Uniform Guidelines on Employee Selection Procedures, adopted by the Equal
Employment Opportunity Commission (EEOC) and the Office of Federal Contract
Compliance Programs (OFCCP), govern the requirements of selection procedures to assist in
prohibiting discrimination and apply to every selection procedure (subjective or objective)
utilized.
II. POLICY
It is the city’s policy to have department heads hire department staff, from the beginning of
the process thru offer of employment. Once the offer of employment has been accepted,
Human Resources staff will assist the hired employee in completing the necessary hiring
documents. Department heads needing assistance with the hiring process may ask for
assistance from Human Resources staff.
It is also the city’s policy to have department heads or their designee hire seasonal staff from
the beginning of the process thru all the necessary hiring paperwork. Employee files will be
kept within each department, with copies of necessary payroll files being forwarded to the
Finance Department.
The hiring of department heads is governed by the Muskego Code except for the Police Chief
and Library Director whose appointments are made by their respective board/commission
pursuant to state law. Where applicable, this policy should be followed in the department
head hiring process.
The following components form the essential foundation of the city’s hiring practices. The
entire process should be well documented. The hiring department will create an organized
file of the hiring process documents for full-time and permanent part-time employees.
Human Resources staff, along with newly hired employees, will complete the necessary
hiring documents that will be maintained by the Human Resources staff.
Employment applications will only be accepted for current position openings.
A. Necessary Documents of the Hiring Process
Every hiring folder shall contain the following: job description, recruitment ads
or notices, applications, applicable tests, all staff names involved in the hiring
process, the criteria used for screening applications (if other than job description),
interview questions, interview rating sheets, responses to reference questions, and
an outline/timeline of the process.
III. SELECTION PROCESS
1. Job Description
The job description is the foundation for each hiring process and accurately
details the essential duties, behavioral competencies, training, and education
necessary to perform the job. The Americans with Disabilities Act (ADA)
recognizes that a written job description is considered evidence of the
essential functions of the job in ADA cases. Job descriptions should be
reviewed on an ongoing basis. The Mayor and department head may approve
any non-substantial changes and the Finance Committee will approve any
substantial changes made to the job description. Substantial changes to a job
description are items that would result in additional compensation for the
position or change the essential duties and responsibilities. Changed job
descriptions should be forwarded to the Human Resources staff for proper
filing. Before posting or recruiting for hire, job descriptions should be
updated for current positions or created for new positions.
2. Licensing/Certification Requirements
Any licensing and/or certification requirements for the position should be
included in the job description and position posting. Licenses, degrees, and/or
certifications of newly hired employees should be copied and kept in
employee’s personnel file. Proof of continued compliance should also be
documented.
3. Refilling of Vacant Position
It is the policy of the City of Muskego that the Common Council review and
approve the filling of any full-time and permanent part-time positions. The
steps to follow are outlined below:
A. Department heads shall notify the Mayor, Human Resource staff, and
Finance Department in writing of any open position.
B. The Mayor shall advise the Aldermen of the open position and the
reason for the vacancy in writing.
C. The Aldermen shall advise the Mayor immediately if they wish to
review the refilling of the position.
D. If the Mayor or Aldermen request review, the matter shall be referred
to the Finance Committee for review and recommendation to the
Common Council.
E. If the department head has received no notification of request for
review of the position within five (5) working days of submittal of the
resignation notice to the Mayor, the department head may proceed
with the posting for the vacant position.
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4. Posting/Recruitment
Position posting should be first done internally if the vacant position is a
union position. If the position is non-union, recruitment can be handled
internally and/or externally. Recruitment should be as broad as possible for a
position in order to obtain the most qualified applicants.
Possible recruitment sources include: (1) past applications/resumes on file,
(2) posting on website, (3) existing employees, (4) newspapers (i.e.,
Milwaukee Journal/Sentinel, the Spanish Journal, etc), (5) journals or
professional publications, (6) internet job postings, (7) employment agencies,
etc.
Language in advertisements should mirror language from the job description.
All advertisements should include a non-discrimination notice (Equal
Opportunity Employer).
5. Hiring of Relatives
It is the policy of the City of Muskego that the employment of family relatives
within the same department are allowed as long as neither family relative
serves in a direct supervisory position over the other.
Definitions:
A. “Employee” shall be construed as any appointed or elected person filling a city
position, whether paid or unpaid, other than seasonal employees who receive no
benefits except social security, poll workers, and elected officials.
B. “Employment” shall mean any position, which is full-time, provisional or part-
time, excluding seasonal employees who receive no benefits except social security,
poll workers, and elected officials.
C. “Family Relative” shall include spouse, parent, grandparent, stepparent, brother,
sister, first cousin, nephew, niece, uncle or aunt, and child. Said relationships may be
by consanguinity or direct affinity. However, first cousins by direct affinity are
exempt.
D. “Direct Supervisory Position” means one family relative exercising control over
the day-to-day work activities of another family relative, including but not limited to
work assignments, personnel evaluations, and disciplinary action.
Penalty for Violation:
Any city department employee who attempts to conceal from a department head
their status as a family relative to another department employee shall be subject to
disciplinary action, up to and including dismissal from city employment.
Any department head that places a family relative in a position of direct
supervision over another family member shall be subject to disciplinary action,
up to and including dismissal from city employment.
6. Interviewing
Job-related interview questions should be developed based on specific criteria
that relates to the job description and reviewed by the Mayor or designated
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Human Resources staff. Inquiries may be made during the interview about an
applicant’s ability to perform marginal and essential duties and job related
functions. If information is volunteered from the applicant that is not job-related,
interviewers should not ask follow-up questions. Direct inquiries regarding an
applicant’s disabilities are prohibited until a conditional job offer is made. A
rating grid or scoring system of the candidates interviewed should be used to
assist in the decision making process. The department head should retain notes
and scoring system forms of the process. An interview help document is placed
at the end of the policy for assistance (See Appendix A).
7. Probationary Periods
The probationary period for newly hired non-represented employees, other than
department heads, is ninety (90) days worked. The probationary period for
department heads is one (1) year, except where state statutes govern police
employees. The Finance Committee may extend the probationary period for non-
department heads up to an additional ninety (90) days and for department heads
up to an additional one (1) year.
Internal job posting hires for current non-represented employees are probationary
for the first sixty (60) calendar days worked. An additional ninety (90) days
extension of the probationary period may be allowed if requested by the city after
conferring with the union.
Any probationary employee may be terminated without regard for cause and
without recourse to the grievance procedure.
The probationary period for represented employees is defined by their respective
labor contract.
8. Reference Checks
Prior to conducting reference checks, candidates must be asked for authorization
to contact their references and a release signed. At a minimum, references must
be checked on the successful candidate.
Any one of the following reference checks may be conducted on an applicant,
dependent upon the position applied for and as determined by the department
head or Mayor:
A. Verification of background data (i.e., employment, education, licenses,
certifications, etc.)
B. Past employer reference checks
A written record of reference questions, responses, and identities of individuals is
required. A list of standard “neutral” questions is an addendum to this policy
(See Appendix B). Information obtained should be kept confidential.
9. Background Checks
Prior to conducting background checks, candidates must be asked for
authorization to conduct a background check and a release signed. Any one of
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the following background checks may be conducted before or after an offer of
employment. Any employment offer is contingent on background checks.
A. Criminal records (Required for any employee working with children and
public safety employees)
B. Driving records (Required for employees that will operate city vehicles)
C. Background investigation (Required for department heads and public
safety employees)
D. Credit checks
The indication of a pending arrest or conviction on a city application is not an
automatic bar to employment. Consideration of a pending arrest or conviction
record in a decision not to hire an individual must indicate a direct and substantial
relationship between the arrest/conviction and future job performance. Prior to a
decision not to hire, a review by the Mayor/Labor Attorney is suggested.
Once a candidate accepts an offer, the hiring department is responsible for
notifying all other applicants in writing of the results of the search.
10. Offer of Employment
Offers of employment may be given verbally or in writing by the department
head. If given verbally, a formal job offer in writing should follow, confirming
an applicant’s start date for employment, title, pay rate, terms of the probationary
period, employee’s supervisor’s name and phone number, and that employment is
contingent on background check, drug screen (if applicable), and
medical/psychological evaluations (if applicable).
Wisconsin law (statute 103.14) requires new employees to be notified at the time
of hire of any grooming or dress requirements involving hairstyle, facial hair,
clothing, etc.
11. Necessary Hiring Documents
Human Resources staff will ensure all required hiring documents for full-time
and permanent part-time employees are completed. Department heads or their
designee will ensure all required hiring documents for seasonal or temporary part-
time employees are completed. Documents for seasonal staff are marked with an
asterisk (*).
a. Application form *
b. I-9 *
c. W-4 *
d. WT-4 * (Finance reports data to Department of Workforce Development)
e. Direct Deposit Form
f. Employee Assistance Information*
g. Emergency Contact *
h. Salary Conversion Election
i. Health Allowance/Dependent Eligibility Documentation Form
j. Waiver Forms – Health Insurance (Waiver of Group Coverage)
k. Health and Dental Applications
l. Wisconsin Retirement System Enrollment
m. Wisconsin Public Employer’s Group Life Insurance Program
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n. Wisconsin or Equitable Deferred Compensation Plan
o. AFLAC (American Family Life Assurance Company)
p. All Policies With Sign-offs *
1. Harassment & Discrimination In the Workplace
2. Code of Ethics
3. Drug-Free Workplace
4. Code of Conduct
5. Drug and Alcohol Testing (CDL)
6. E-mail & Internet Usage Policy
7. Equal Employment Opportunity Policy Statement
8. Individual Department Policies
q. Background Check Form *
r. Work Permit (under 18) *
s. Drug Screen (when applicable)
t. State Required Police Forms/Tests
IV. LEGAL RESTRICTIONS
It is imperative that each step of the hiring process is valid and non-discriminatory.
Therefore, the following protections afforded under both federal and state law must be
kept in mind at all times: (1) Title VII of the Civil Rights Act of 1964, (2) Age
Discrimination in Employment Act (ADEA), (3) Americans with Disabilities Act of 1990
(ADA), and (4) Wisconsin Fair Employment Act (WFEA).
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APPENDIX A
INTERVIEW QUESTIONS NOT TO ASK
When conducting job interviews, it's important to ask the right questions to get the information
you need to see if the person you're interviewing is a good fit for the job. But it's also important to
know what not to ask, in other words, what the various employment laws say you can't ask or
what might suggest to an outsider that you're considering an impermissible trait in evaluating
candidates.
As a general rule of thumb, all of your questions should be directly related to the job in question
and the job duties the applicant would be required to perform if hired. Of course, you need to
steer clear of asking applicants about their age, race, color, sex, disability, religion, national
origin, pregnancy, and other protected classifications.
While it would be impossible to create an exhaustive list of "no-no" questions, the following
should give you an idea of what to avoid. Don't ask:
What is your age? What is your date of birth? When did you graduate from high school?
(But you can ask applicants whether they're at least a certain age, if they're minors, to
verify eligibility to work.)
What is your race, color, religion, or national origin? Were you born in the U.S.? What
country are your parents from? Is English your primary language? Are you a U.S.
citizen? (Instead ask whether applicants are eligible to work in the United States.)
Do you have any disabilities of any kind? (Instead ask if applicants can perform the job
functions at issue.)
Does anyone in your family have a disability for which you have to provide care?
Have you ever been treated by a psychologist or a psychiatrist?
Are you taking any prescription medications?
Have you ever been treated for a drug addiction or alcoholism?
Are you married, single, or divorced?
How many children do you have? Who's going to care for them while you're at work?
Are you pregnant? How long do you plan to take off with the baby?
When do you plan to start a family?
Do you have your own car? (Don't ask unless it's job related, instead ask if the person has
reliable transportation to get to work.)
Have you ever sued a former employer?
Are you a union member? What is your stance on union membership?
How many sick days did you take off work last year?
Do you observe the Sabbath or any days that would interfere with this job schedule?
Have you ever filed a workers' compensation claim?
Did you receive anything other than an honorable discharge from the military?
Do you own your own home?
What is your credit history or credit score? (Don't ask about credit history unless it relates
to the job in question, and always comply with the Fair Credit Reporting Act if you're
running a credit or background check. Good credit requirements have been challenged as
discriminatory because they may have an adverse impact on minorities).
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APPENDIX B
Reference Check Form
Applicant Name:
Reference Name: Company:
Telephone Number: Date:
1. How long have you known the applicant?
2. What was your working relationship with the applicant?
3. Did the applicant report to you directly? No If yes, for how long?
4. Confirm employment dates? Confirm Salary:
5. What was the applicant’s job title and responsibilities?
6. What job changes and promotions did the applicant have? Was this a normal progression?
7. Did the applicant have any supervisory responsibilities associated with his position?
No Yes If yes, how many subordinates?
Describe management style/effectiveness
8. Describe the relationship/compatibility with co-workers (team player vs. loner) and
supervisors (ability to take direction). Describe the relationship with customers/ability to
follow-through to close a sale.
9. Describe performance evaluation. How did it compare to others in the same job?
10. Describe particular strengths of the applicant
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11. Describe any weaknesses/limitations of applicant; areas needing further development/
training?
12. Describe communication skills: written and oral. Any experience leading group meetings?
13. Describe attendance record; willingness to assume responsibility/work extra hours?
Ability to work under pressure (Crisis situations/deadlines).
14. Describe major accomplishments within the company. Specifically assigned and successfully
completed any major projects? Meet (exceed) company expectations?
15. Describe applicant’s character. (i.e., honesty, integrity, work ethic, attitude)
16. Describe applicant’s ability to be flexible and accept change (transfers, re-organizing
affecting job content/responsibilities).
17. Describe applicant’s reason for leaving your organization; Eligibility for rehire; most suitable
position for applicant
18. Did the applicant have any personal difficulties that interfered with his/her ability to meet and
fulfill the responsibilities of the job?
19. Is there any additional job-related information regarding this applicant?
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