Fiscal Note
No appropriation is required.
Title
SUBSTITUTE - Creating Section 3.35(7)(g) and amending 3.38(6)(f) of the Madison General Ordinances to require the re-posting of positions if the job duties change significantly.
Body
DRAFTER'S ANALYSIS: This ordinance requires, for both civil service and non-civil service jobs, that the selection process is to start over if there is a significant change in the job description or duties of the position between the time of the initial posting and the time of selection. This substitute incorporates suggested wording from the City's Department of Human Resources.
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The Common Council of the City of Madison do hereby ordain as follows:
1 Subdivision (g) of Subsection (7) entitled "Selection Process" of Section 3.35 entitled "Civil Service" of the Madison General Ordinances is created to read as follows:
"'(g) If there are any changes in the duties of a position that would affect the classification, compensation, or training and experience requirements of the position between the time of initial posting of the position opening and the time of selection, the position shall not be filled; rather, the position as changed shall be posted again and a new application and selection process will be started."
2. Subdivision (f) of Subsection (6) entitled "Compensation Plan for Managerial Employees" of Section 3.38 entitled "Compensation Plan" of the Madison General Ordinances is amended to read as follows:
"(f) Employment Contracts. All new positions in Compensation Group 21 and all existing positions in Compensation Group 21 as they become vacant shall be filled through the use of employment contracts pursuant to the system outlined in the Substitute Report of the Human Resources Committee Relating to Employment Contracts for Certain Managers, ID No. 3152, adopted August 2, 1988, Substitute Report ID 3152. Incumbents of positions in Compensation Group 21 as of the effective date of this ordinance may enter into such employment contracts at their option. Notwithstanding any other provisions of these ordinances, those incumbents of positions in Compensation Group 21 at the effective date of this ordinance who do not opt to enter into such employment contracts shall be subject to the reappointment procedures to terms in effect at the time of their respective most recent appointments to the five-year term. This subdivision shall not apply to the positions of Fire Chief or Police Chief. If the employment contract so states, then in the event any provision of the employment contract directly conflicts with any City ordinance, resolution, regulation, rule or policy, the provision of the employment contract shall apply, except that nothing in any employment contract shall be interpreted as modifying the provisions of sec. 3.47. This paragraph shall also apply to all non-civil service positions in Compensation Group 19 filled by employment contracts where performance incentives are an integral part of the service provided. All contracts described herein shall be approved by resolution of the Common Council. If there are any changes in the duties of a position that would affect the classification, compensation, or training and experience requirements of the position between the time of initial posting of the position opening and the time of selection, the position shall not be filled; rather, the position as changed shall be posted again and a new application and selection process will be started."