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CCR1977147RESOLUTION $1147-77 APPROVAL OF AFFIRMATIVE ACTION PLAN FOR MUSKEG0 POLICE DEPT. WHEREAS, the Muskego Police Department is the primary criminal justice agency in the City of Muskego, and WSEREAS, the Muskego Police Department may separately seek fucding for program under LEAA, and WHEREAS, the Muskego Police Cepartment with 26 full time employees falls under Wisconsin Council on Criminal Justjce's EEOIAA requirements for 1-29 employees, and WHEREAS, the Wisconsin Council On Criminal Justice has mandated that departments that are recipients of LEAA funds must have an affirmative action program, THEREFORE, BE IT RESOLVED that the attached Af'firmative Action Plan for the Muslcego Police Department is hereby adopted by the Common Council oP the City of Muskego DATED THIS &))DAY OF )!/m , 1977. a PUBLIC SAFETY COMMITTEE Paul J. Schaumberg edR44d Rayq6nd R. Wallner ATTEST; MUSKEG0 POLICE DEPARTMENT AFFIRMATIVE ACTION PLAN - I. Present Policies and Practices. A. B. C. D. Recruitment and Applications The City of Muskego Police and Fire Commission contracts with the State Bureau of Personnel to assist the commission in the recruitment and testing for entry level police department posi- tions. The State advertises in the major state papers and the State Crime Information Bulletin. State Bureau of Personnel job application forms and tests are used. The State monitors the testing of the written and oral examinations and scores the tests to complete a certified Eligibility List. The Police and Fire Commission certifies the three top names on the eligibility list to the Chief of Police. The three applicants are then given psychological tests by the firm of Rohrer-Hibler and Replogle, 660 East Mason, Milwaukee, Wisconsin, Background investigations are conducted on each of the three applicants by the department's Special Services Team. The Chief of Police then holds an interview with each of the three candi- dates. The successful applicant is then given a physical exam- ination prior to hiring. The Chief then makes the appointment which is approved by the Police and Fire Commission. day that they start Basic Recruit Training School consisting of Police applicants are appointed to the department on the same 240 hours minimum. The appointee is usually sent to Waukesha County Technical Institute, but other training schools may be must be certified by the State of Wisconsin before he assumes used for the convenience of the appointment date. The officer his duties on the department. After finishing recruit training the officer is placed with a The officer must satisfactorily complete a one year probationary senior Training Officer for three months of on the job training. period before his appointment becomes permanent. All officers of the department receive continuous on the job roll call training and are required to attend 40 hours per year of In-Service Training at Waukesha County Technical Institute. -. The Common Council of the City of Muskego, and the Police and Fire Comission have in the past supported lateral entry proposals of experienced police officers at a higher salary scale than the entry level. -2- E. Promotional exams are also handled by the State Bureau of Per- sonnel and the same testing procedure as for entry level is followed. The written tests are State designed for the partic- ular rank. F. Discipline - The department has a written policy included as section 2.10(F) of the Policy Manual. (See Exhibit A.) G. Termination - (See Exhibit A.) H. Grievance Procedure - (See Exhibit B.) I. Assignment of Program Responsibility - The Commanding Officer of the Services Division is designated as the Equal Employment Program Coordinator. (See Exhibit C.) J. Dissemination of Program - (See Exhibit D.) Exhibit "D" will become a part of our Policy Manual and will be distributed to every employee on the department. The department will also continue to assure that the words "Equal Employment Opportunity Employer" are noted on all recruitment advertising. EXHIBI7 A (]) 2.10 (E) RESlGNATIONS ” (1) ETUm OF DEPARWT PROPERTY- Whenever any member of the Depart- ment resigns, is discharged, or in any vay vacates his office, he shall surrender to’his commanding offlcer or to the Chief of Police; all the Department property ir his possession. In case of the death of a man- ber .of the Department hi6 commanding officer shall obtain his badge and all other Department property. to give a minimum of rwo weeks notice in writing. (2) MINr” NOTICE- Members ~esigning from the Depar,tment are requested manber of the Department for two days shall be considered a resignation (3) ABSENCE WITHOUT LUtVE- An unexplained absence without leave by any and shall be treated as such. - e (4) WHILE CHARGES PENDDJG- Members of the Deparrment shall not be allowed to resign from the senice while charges are pending against them without permission of the Chief of Police. 2.10 (F) CHARGES AND SUSPD\SIONS (1) BY WHOM CWARGES PREFERREIF Charges will generally be preferred by the immediate superwisor of the member accused, buc may also be preferred by one member against another, by subordinates against an officer, or by a civilian against a member. Charges shall be made in miring and fowarded to the Chief of Police. .,. (2) FORWAT OF CHARGE- Cnarges shall srate the Rule violated, the number and section being given, and be accompanied with a full account of the acts and circumstances upon which they were based. (3) HOW TO SUSPEND- Suspension shall be made by demanding of the manber to be suspended the surrender of his badge and by giving him personal notice of his suspension. - (4) COt.CIAh”DING OFFlCER MAY SUSPD*?)- The commanding officer on ducy shall have the power under circumstances of emergency such 2s inroxi- caTion, L-illful refusal to obey orders, or uhere the interests of the Deparrment would suffer, to suspend from dury any member under his comand; and immediately notify and prefer chzrges in ~~iting-to the Chief of Police. (5) DlSCIPLINARY ACT10N BY. CHIEF- The Chief of Police may, ar his member of the Department guilty of violating any of its Rules and discretion, punish by reprlaand, vrirren censure, or suspension, any Policies. In every case of a suspension, notification shall be rza6e to the Board of Police 2nd Fire Cor;cissioners 2nd such order to szid Board and shall have the right to a full hezring and trial, pursuant to its Rules and Regulations. EXHIBIT A (2) (6) DISCIPLINARY ACTIONS AGAINST SUBORDINATES AS PER STATE STATUTE 62.3 (a) A subordinate may be suspended as hereinafter provided as a disposition of charges filed against him. penalty. He may also be suspended by the commission pending the (b) Charges may be filed against a subordinate by the Chief, by a member of the board, by the board as a body, or by an elector with the president of the board. Pending disposition of such of the city. Such charges shall be in writing and shall be filed charges, the board, or Chief of Police may suspend such subordinate. board as a penalty.. The Chief shall file a report.of such sus- (c) A subordinate may be suspended for cause by the Chief or the pension with the board immediately upon issuing the suspension. No hearing on such suspension shall be held unless requested by the suspended subordinate. If the subordinate suspended by the Chief requests a hearing before the board, the Chief shall be required to file charges with the board upon which such suspension was based. (7) DISCIPLINE PROCEDURE- People respond best when they know what is expected of, them. Discipline is a supervisory tool used to Correct negative job performance by a subordinate. It is an application Of sanctions by the supervisor of higher authority against a subordinate. Disciplinary action should follow established procedures: (a) Incidents should be thoroughly and fairly investigated by the imediate supervisor. (b) Contact reports should be filed by the supervisor and dis- cussed with the subordinate outlining recommendations and time limitation for corrective action. (c) If the incident is a repeated one of a serious nature the supervisor should file a contact report with higher authority (Division Commander). (d) Division Commander will bring the matter to the attention of the Chief of Police who may convene a Board of Inquiry con- sisting of one member of each rank. (e) The Board of Inquiry will review the incident facts, hear the subordinate's side of the story, and recommend if charges should be filed with the Police and Fire Commission or if infor- mal disciplinary measures should be taken. (f) If charges are recommended the disciplinary action will fol- low the procedures as set forth under State Statutes Section 62.13 (5). All disciplinary actions should be conducted and completed in the shortest possible time. Penalties should be fair not only to the subordinate but also to other department members. This department recognizes that harsh punishment can degrade management but also that soft punishment can lower stand- ards of performance and morale. Board of Inquiry or by the Chief of Police, the severity of the (9) If informal disciplinary measures are recommended by the punitive action to be administered shall be determined by a separate Penalty Board or by the Chief of Police at the option of the subordinate. The Penalty Board shall consist of one and the officer's past record in determining the punitive ac- sergeant and two officers. The Board will review the charges Board's decision and would abide by it unless extraordinary cir- tion. The Chief of 'Police would then be advised of the Penalty cumstances dictate otherwise. 0 EXHIBIT B ARTICLE IV - GRIEVANCE PROCEDURE Section 1. Any grievance or misunderstanding which may arise between the Employer and an employee (or employees) of the Ehployer and the Union, shall be handled in the following manner: Step One. The aggrieved employee, the Union Committee and/or Chief of Police. the Union representative shall present the grievance.to the Step Two. If a satisfactory settlement is not reached as out- lined in Step One within seven (7) calendar days, the Union Committee and/or the Union steward shall present the grievance in writing within seven (7) calendar days thereafter- to the City Council or its designate. A meeting shall be held within seven (7) calendar days of receipt of such written grievance. Step Three. If a satisfactory settlement is not reached as outlined in Step Two, the Union Committee and/or the Union tion by giving written notice to the City Council or its steward may request that the matter be submitted to arbitra- designate within seven (7) calendar days of the Step Two meeting. One arbitrator shall be chosen by the Employer, who shall be the Chairman of the Board. (If the two cannot one by the Union, and a third to be chosen by the first two, agree on the selection of a third, the parties shall request the Wisconsin Employment Relations Commission to name the vote, make the decision on the grievance, which shall be final third member.) The Board of Arbitration shall, by a majority and binding on both parties. The arbitrator shall neither add arriving at a determination of any issue presented. The arbi- to, detract from nor modify the language of this agreement in trator shall have no authority to grant wage increases or wage decreases. Section 2. The time limits mentioned above may be extended by mutual consent of the parties involved. Section 3. Costs. Each party shall bear the cost of its chosen arbitrator. The cost of third arbitrator and any other expenses shall be shared equally by the parties. Section 4. Only issues relating to the interpretation, applica- tion or enforcement of the terms of this Agreement shall be subject to the arbitration process. I ! a EXHIBIT C MUSKEG0 POLICE DEPARTMENT EEO/AA OFFICER (COORDINATOR) RESPONSIBILITIES The Equal Employment Opportunity Program Coordinator shall act as the Director's staff assistant for administering the Program, and as execu- tive secretary of the Equal Employment Opportunity Committee. The Equal Employment Opportunity Program Coordinator shall be responsible for: 1. Assisting members of management in resolving problems relative to any requirement or provision of the Program. 2. Developing and implementing audit and reporting systems designed to: a. Continually measure the effectiveness of the Program and its parts. b. Point out deficiencies and needs for remedial action. C. Determine degree to which goals and objectives have been reached. 3. Conducting periodic audits of hiring and promotion patterns and tech- niques to insure that provisions of the Program are being carried out and the goals and objectives are being met. 4. Making a periodic review of the Program and submitting recommendations for expansion and improvement of the Program where applicabl:. 5. Serving as liaison between the Department and enforcement agencies, minority organizations, and community action groups. 6. Keeping the Equal Ehployment Opporcunity Program Committee, the Director and departmental management informed of the latest developments in the equal opportunity area. 7. Assisting in the identification of problem areas and establishing spe- cific goals and objectives. 0 8. Holding regular discussions with division heads, supervisors and employees to insure that the equal employment opportunity policies are being fol- lowed. 9. Providing analyses of all departmental activities to assure equal employ- ment opportunity. 10. Involving departmental staff in the goal-setting process. EXHIBIT D MUSKEG0 POLICE DEPARTMENT EQUAL EMPLOYMFNT OPPORTUNITY POLICY . It is the policy of this departmmt to comply with Title VI of the Civil Rights Act of 1964 as amended by the Department of Justice and Code of Federal Regulations. This department further intends to comply with the Wisconsin Council On Criminal Justice Equal Opportunity Guidelines, and all rules, regulations, and guidelines of the Equal Rights Division of the Wisconsin Department of Industry, Labor and Human Relations. This Police Department gives assurance that no person shall, on the grounds of sex, race, color, creed, or national origin, be excluded from participation in or be denied the benefits of any program which is funded by the Federal Government through the Wisconsin Council on Crim- inal Justice. This department further assures that it will take positive action .. to publicize employment opprrtunities and utilize affirmative action programs to recruit minorities. The selection of personnel will strictly follow the above guidelines and a balance of comparable percentages of the community population by sex, race and national origin will be main- tained in the work force of this department.