Agenda Packet

1 COMMON COUNCIL MEETING AGENDA JULY 14, 2026 AT 7PM COUNCIL CHAMBERS, BERLIN CITY HALL, 2ND FLOOR MEETING IS OPEN TO THE PUBLIC & CITY HALL IS HANDICAPPED ACCESSIBLE CITY MEETINGS CAN BE WATCHED LIVE OR RECORDED ON THE CITY OF BERLIN YOUTUBE PAGE @CITYOFBERLIN5623 1. Call to order/Roll Call 2. Seat Virtual Attendees (if necessary) 3. Pledge of Allegiance 4. General Public Comments. Registration card required (located at podium in Council Chambers). Comments will be limited to 3 minutes per registrant. CONSENT AGENDA: The Consent Agenda contains items which staff considers to be routine and have already been discussed and recommended by a committee, board or commission at a previous meeting. Staff recommends that Council act on all of these items on a single roll call vote. If any member of Council wishes to have any item removed from the Consent Agenda and discussed, the Council member may request that item be removed from the Consent Agenda prior to the adoption. 5. Waive the reading of ordinances and resolutions. 6. Accept and place on file reports from the City Clerk, Treasurer (May Bank Statements and Reconciliations), and Building Inspector. 7. Approve payment of bills. 8. Approve minutes from the 6.9.2026 Common Council Meeting, 6.9.2026 Special Common Council Meeting, and 6.9.2026 Closed Session minutes. 9. Approve the recommendation of the Committee of the Whole to approve the renewal of League of Wisconsin Municipalities Mutual Insurance for all coverages (liability, property, crime, auto, workers' compensation, cyber liability, etc.) including cyber security coverage of $1M ($2500 deductible), and adding agreed value to 4 EMS vehicles. 10. Approve the recommendation of the Committee of the Whole to approve the Capital Equipment bids for Capital Borrowing Projects (Library Elevator ($189,900), Public Works Dump Truck ($188,970), Loader Mounted 2 Stage Snowblower ($229,850) and Mower for the Oakwood Cemetery($6,675)). 11. Approve the recommendation of the Committee of the Whole to adopt the Summary Report of the Strategic Plan. 12. Approve the recommendation of the Committee of the Whole to approve the amended Employee Handbook section and adopt the July 14, 2026 version of the Employee Handbook. 13. Approve the recommendation of the Plan Commission to adopt Ordinance # 07-26 An Ordinance Rezoning a Parcel of Land from A-1 Agricultural District to R-1 Residential District City of Berlin. Rezone 381 NW Cumberland Street Parcel #206-01666-0200 2 COM 516' W OF THE SE COR OF SEC 4: RUN N 200'; W 100'; S 200'; E 100' TO BEG, City of Berlin, Green Lake County from A-1 to R-1. 14. Approve the recommendation of the Committee of the Whole to discontinue the observance of No Mow May in the City of Berlin. Rescind the suspension of Ordinance 78-4 Length of lawn and grasses from May 1-May 30 annually made by the Common Council in May 2025. END OF CONSENT AGENDA 15. 2025 Audit Presentation and Acceptance. RECOMMENDATION: Listen to presentation by KerberRose regarding the 2025 audit of the City’s finances, discussion and action as appropriate. Accept the 2025 Audit. 16. Cigarette, Tabacco, and Electronic Vaping Device Retail License Request for Wal-Mart Stores East DBA Wal-Mart #1727 (861 County Road F, Berlin WI). RECOMMENDATION: Review and act on Cigarette, Tabacco, and Electronic Vaping Device Retail License for Wal-Mart for the period July 1, 2026 – June 30, 2027. 17. Special Event Permit Request for Kingdom of Wonders Circus (free community event) July 21-23, 2026 (set up July 20) in Riverside Park. RECOMMENDATION: Discussion and action as appropriate. 18. Real Estate Services Contract with CORRE Inc for WIS 91 (WIS 49 South to Berlin, Green Lake County) road project. RECOMMENDATION: Approve the agreement with Corre, Inc. at a cost not to exceed $63,900 plus $4300 per parcel requiring appraisal and appraisal review for real estate acquisition services for the WIS 91 road project, contingent upon approval by the Wisconsin Department of Transportation. 19. Transportation Program and Meals on Wheels delivery update. RECOMMENDATION: Listen to presentation and update regarding the Senior Center’s participation in Green Lake County’s programs (as grant recipient/service provider). Discussion and action as appropriate. 20. Raze and Remove Order for 127 W Berlin Street (Parcel No. 206-00542-0000). RECOMMENDATION: Issue a Raze and Remove order for 127 W Berlin Street and authorize commencing the process including potential litigation. 21. Old Business (To be used to request items of old business be put on a future agenda for further discussion or action; or used to make a motion for reconsideration of an item from the current meeting or immediately previous meeting; or to make a motion to take items off the table which were laid on the table only during the current meeting.) 22. New Business (To be used to request items of new business be put on a future agenda) 23. Adjourn. Note: In adherence to the City of Berlin Public Meeting Participation Policy, public participation will be allowed under each agenda item at the discretion of the presiding officer, with the exception of the Consent Agenda. Attendees must register their intention to participate on either a general comments section or a specific agenda item prior to the meeting by filling out a Registration Card, which can be obtained from the Internet, City Clerk's office or in the City Hall Council Chambers at the 3 podium. Registration Cards should be turned in prior to the meeting to either the presiding officer or City Clerk. Please note, upon reasonable notice, efforts will be made to accommodate the needs of disabled individuals through appropriate aids and services. For additional information to request services, contact the municipal Clerk at 920-361-5400. It is possible that members of and possibly a quorum of members of other governmental bodies of the municipality may be in attendance in the above stated meeting to gather information; no action will be taken by any other governmental body except by the governing body noticed above. 1 COMMON COUNCIL MEETING MINUTES JUNE 9, 2026 AT 7PM 1. Call to order/Roll Call – Mayor Burgess called the meeting to order at 7:00PM. Alderpersons Cauley, Hill, Klawitter, Przybyl, Sorenson, and Stobbe were present. Also present were Jessi Balcom, City Administrator; Brittani Majeskie, Deputy Clerk-Treasurer; Tim Ludolph Planning and Development Director; and Doug Dewhurst, Fire Chief. 2. Seat Virtual Attendees – None. 3. Pledge of Allegiance 4. General Public Comments – None. CONSENT AGENDA: The Consent Agenda contains items which staff considers to be routine and have already been discussed and recommended by a committee, board or commission at a previous meeting. Staff recommends that Council act on all of these items on a single roll call vote. If any member of Council wishes to have any item removed from the Consent Agenda and discussed, the Council member may request that item be removed from the Consent Agenda prior to the adoption. 5. Waive the reading of ordinances and resolutions. 6. Accept and place on file reports from the City Clerk, Treasurer, and Building Inspector. 7. Approve payment of bills. 8. Approve minutes from the 5.12.2026 Common Council Meeting. 9. Approve the recommendation of the Committee of the Whole to approve the update of the Berlin EMS Policies and Procedures to bring the document in line with the requirements of the DEA. 10. Approve the recommendation of the Committee of the Whole to approve the integration with TTech with a credit card vendor to accept online payments for tax collections. 11. Approve the recommendation of the Committee of the Whole to approve the Development Agreement for Adam Ewald for a duplex project (Parcel No. 206-01830-1209, future address of 388 &392 Canal Street) utilizing the Tax Increment District #17 vacant lot development incentive program. END OF CONSENT AGENDA Alderperson Hill made a motion to approve the consent agenda, with a second by Alderperson Przybyl. Roll call vote carried (6 Ayes: Cauley, Hill, Klawitter, Przybyl, Sorenson, and Stobbe; 0 Nay; 0 Absent). 12. Ordinance #06-26 To Update and Adopt the Comprehensive Plan of the City of Berlin – Tim Ludolph, Planning and Development Director, summarized the process of creating the comprehensive plan. The complete process took over a year, and involved the Plan Commission, community engagement, an open house, and a hearing. Morgan Shapiro of MSA Professional Services, Inc., joined virtually, added to the summary. The process began about a year ago, much effort by those involved has been put forth, many drafts went to the Plan Commission, and many involved community members were included. Members of the Council gave thanks for the hard work done on the comprehensive plan. Alderperson Sorenson made a motion to adopt Ordinance #06-26 to adopt “Berlin 2046 Comprehensive Plan” as recommended by the Plan Commission, with a second by Alderperson Przybyl. Roll call vote carried (6 Ayes: Cauley, Hill, Klawitter, Przybyl, Sorenson, and Stobbe; 0 Nay; 0 2 Absent). 13. Alcohol Beverage License Request of On the Square, LLC – Class “B” Beer License and a “Class B” Liquor License at 116 N. Capron St – Alderperson Hill made a motion to grant a Class “B” Beer License and a “Class B” Liquor License to On the Square, LLC for the premises identified in their application dated 4-10-26, provided that the City Clerk shall not issue the license unless and until the City Clerk receives all of the following: (1) full and unconditional surrender of the license currently in effect for the premises; (2) proof to the City Clerk’s satisfaction that the applicant either owns the premises or has approval from the owner for the issuance of the license; (3) all applicable fees and costs are paid, along with any delinquencies owed to the City if any; (4) proof that a seller’s permit has been issued to the applicant by the State of Wisconsin; and (5) all conditions must be satisfied within thirty (30) days of this approval or this approval is void, with a second by Alderperson Cauley. Voice vote carried. 14. Street Cruzers, Inc Special Event Permit Application for August 9, 2026 – Mayor Burgess noted this permit is for the car show only, not a parade or cruise. Alderperson Przybyl made a motion to approve Special Events on Streets, Highways, and Municipal Parking Lots Permit for Street Cruzers, Inc Berlin Car Show at Riverside Park on August 9, 2026, with a second by Alderperson Sorenson. Voice vote carried. 15. Fire Department request to sell beer (fermented malt beverages) at the Car Show (in Riverside Park) on August 9, 2026 - Alderperson Stobbe made a motion to approve the Fire Department request to sell beer (fermented malt beverages) at the 2026 Car Show as permitted under State Statute §125.06(6) and Resolution #13-21, with a second by Alderperson Przybyl. Voice vote carried. 16. Oakwood Cemetery request to purchase new lighting for the archway, belltower and chapel at a cost not to exceed $5,140 – Mayor Burgess noted the Council already approved the spending of $10,000, and the Cemetery Board is asking to spend extra. City Administrator Balcom stated the previous project came in under budget and now the Cemetery Board would like to complete a second project. Alderperson Cauley explained the Cemetery Board wants to add more lighting to light dark spots on the chapel and entryway. It was confirmed the funds for the project will come from Cemetery funds, not City funds. City Administrator Balcom stated staff reached out to determine the cost of operating the lights and determined costs are negligible. Alderperson Przybyl made a motion to approve the request of the Oakwood Cemetery Board to purchase and install lighting for the chapel belltower and doorway and the archway at a cost of no more than $5,140.00, with a second by Alderperson Klawitter. Voice vote carried. 17. Raze and Remove Order for 194 S Wisconsin Street (Parcel No. 206-00451-0000) – Tim Ludoplh, Planning and Development Director, explained he is asking Council to approve the next steps as outlined in the letter by the City Attorney. The property has been placarded as unsafe for human habitation, occupancy, or use. He added the building inspectors have witnessed structural issues for a while, as noted in the timeline in his memo. He added there are now significant sanitation issues confirmed by the county health department. The loose estimate from the building inspectors to repair the property would exceed the property’s value. Mayor Burgess noted the County Health department deemed the building unsafe for human habitation, while the structural issues are determined by the building inspectors. 3 Confirmation the building inspectors have not completed an interior building inspection. Confirmation the property was owner occupied, not a rental, but is currently not occupied. Mayor Burgess questioned the Health Department’s authority to confirm structural issues, dated May 13 th. Alderperson Przybyl noted the Raze or Repair Procedure outlined by City Attorney Larson. First Common Council issues the notice, then the building inspectors complete an inspection and report. Alderperson Klawitter asked Ludolph if the property owner was given notice of programs to help this situation. Ludolph confirmed resources were given, but they were not executed. Ludolph confirmed the building inspectors have had regular communication with the property owner to avoid this outcome. Alderperson Sorenson noted she is involved with an organization that was also involved with this property and therefore will abstain. Alderperson Hill made a motion to direct staff to continue the Raze and Remove order proceedings as noted in the opinion letter from March 6th 2025 this would include having the Building Inspectors complete an inspection and draft a notice to try to get some kind of voluntary compliance, with a second by Alderperson Stobbe. Roll call vote carried (4 Ayes: Cauley, Hill, Przybyl, and Stobbe; 1 Nay: Klawitter; 1 Abstain: Sorenson). 18. Utilities Compliance Maintenance Annual Report (CMAR) & Resolution #26-05 - City Administrator Balcom explained the Wastewater Treatment plant completes this report annually, and it is a requirement that the governing body is made aware of the report. She noted the report shows the facility does well, except for the influent and loadings portion of the CMAR. Discussion questioning the City’s responsibility to improve the grade and how to achieve that. City Administrator will direct Water and Sewer Superintendent Brian Malnory to update Council via email. Alderperson Stobbe made a motion to approve Resolution #26- 05 approving the 2025 Compliance Maintenance Annual Report of the Berlin Wastewater Treatment Facility, with a second by Alderperson Hill. Voice vote carried. 19. Proposal for Real Estate Services for WIS 91, WIS 49 South to Berlin (Project I.D. 6540-01- 03) – City Administrator Balcom noted the City received ten proposals, and staff is still completing due diligence and reference checks. No action needed. 20. Old Business – None. 21. New Business – None. 22. Adjourn – Alderperson Stobbe made a motion to adjourn with a second by Alderperson Sorenson. Voice vote carried. Meeting adjourned at 7:26PM. Minutes Respectfully Submitted by Brittani Majeskie, Deputy Clerk-Treasurer SPECIAL COMMON COUNCIL MEETING MINUTES JUNE 9, 2026 AT 6:30PM COUNCIL CHAMBERS, BERLIN CITY HALL, 2ND FLOOR MEETING IS OPEN TO THE PUBLIC & CITY HALL IS HANDICAPPED ACCESSIBLE 1. Call to order/Roll Call Mayor Burgess called the meeting to order at 6:30PM. Alderpersons Cauley, Hill, Klawitter, Przybyl, and Sorenson present; Alderperson Stobbe absent. 2. Seat Virtual Attendees (if necessary) None. 3. The City Council may convene in closed session pursuant to Wis. Stat. §19.85(1)(g) to confer with the City Attorney who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved; specifically concerning the claim made by Sherry Newbold, and related legal procedures. Motion to go into closed session pursuant to Wis. Stats. 19.85 (1) (g) confer with the City Attorney who is rendering oral or written advise concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved; specifically concerning the claim made by Sherry Newbold, and related legal procedures made by Alderperson Hill at 6:31pm with a second by Alderperson Przybyl. Roll call vote carried. 4. Immediately following the closed session, the City Council will reconvene into open session and may take such action as it deems appropriate regarding the matters discussed in closed session. Alderperson Hill made a motion to disallow insurance claim number WM00069206006 and provide Notice of Disallowance to Ms. Newbold and Attorney Gollick with a second by Alderperson Przybyl. Voice vote carried. 5. Adjourn. Motion to adjourn made by Alderperson Hill at 6:50pm with a second by Alderperson Sorenson. Voice vote carried. Respectfully submitted by Jessi Balcom, City Administrator/Clerk/Treasurer CITY OF BERLIN COMMON COUNCIL MEEETING STAFF REPORT TO: Common Council FROM: Jessi Balcom, City Administrator AGENDA ITEM: Renewal of League of Wisconsin Municipalities Mutual Insurance for all coverages MEETING DATE: July 14, 2026 Cyber Liability Coverage ($1M coverage, $2500 deductible) $2,799 TOTAL PREMIUM $224,711 This item is on the Consent Agenda. The Committee of the Whole recommended renewal with the League of Municipalities Mutual Insurance, including the option to change EMS vehicles to agreed value and the addition of $1M of Cyber Liability coverage. The updated renewal proposal, reflecting the recommendations of the Committee of the Whole (and outlined above) will be available at the Common Council meeting. CITY OF BERLIN COMMON COUNCIL MEEETING STAFF REPORT TO: Common Council FROM: Jessi Balcom, City Administrator AGENDA ITEM: Capital Equipment Bids for Capital Borrowing Projects MEETING DATE: July 14, 2026 BACKGROUND As presented by Scott Zabel, Streets Superintendent, at the Committee of the Whole meeting: During budget discussions for the 2026-27 borrowing, the following equipment was approved for replacement. Each line will have the equipment item with the estimated replacement cost followed by the actual replacement cost based on the bids provided by the vendor. 1. Library elevator - $225,000 - $164,900, Metro Elevator. There will be additional work to be performed by others with an estimated cost of $25,000 ($189,900). Library Board to contribute $12,000. 2. Public Works Dump Truck - $190,000 - $188,970, Quality Truck Oshkosh/ Monroe Truck. 3. Loader mounted 2 stage snowblower - $225,000 - $229,850, Macqueen. 4. Oakwood cemetery mower - $10,000 - $13,350 – Modern Rental Ripon. This item is a 50-50 cost share between the city and the Oakwood cemetery. The cemetery board approved their 50% of cemetery funds to purchase the mower at the May 2026 meeting. The cost share is $6,675.00 each. Estimated replacement cost = $650,000.00 Actual replacement cost = $615,395.00 Difference = $34,605.00 This item is on the consent agenda. The Committee of the Whole recommended approval of the bids and purchase of the equipment as presented. CITY OF BERLIN COMMON COUNCIL STAFF REPORT TO: Common Council FROM: Jessi Balcom, City Administrator AGENDA ITEM: Strategic Plan MEETING DATE: July 14, 2026 BACKGROUND The Council, community and staff has been working with Cory of CP2 consulting on the Berlin Strategic Plan over the past year. Attached please find the Strategic Plan Summary Report. Pages 15 and 16 note targets for the goals set by Council. We will now start working on filling these in and making strides towards them. This item is on the consent agenda. The Committee of the Whole recommended adoption of the Strategic Plan Summary Report. STRATEGIC PLANSUMMARY REPORT I am pleased to present the 2026-2029 Strategic Plan and Summary Report to the City of Berlin. This plan embodies the organization’s goals, commitment to measurable outcomes, and dedication to delivering high-quality services to the community. While maintaining our focus on core public services, the Strategic Plan places special emphasis on key organizational objectives and provides a framework for proactive decision-making. 01 April 2026 Yours Truly, Cory Poris Plasch President / CEO CP2 Consulting Arriving at the updated Vision, Mission, and organizational goals required months of diligent work, including gathering data from the community, interviewing stakeholders, and distilling the wealth of information collected. It has been an honor to support Berlin in this significant endeavor. I would like to extend my sincere gratitude to the Board and staff members who contributed their time and effort to this process. Dear Mayor Burgess and Administrator Balcom, Contents Submission Letter Executive Summary Vision and Mission The Strategic Planning Process Assessing the Current Environment Stakeholder Engagement Environmental Scan 01 03 04 05 06 07 08 09External Stakeholder (Community) Survey Results Understanding the Environment SWOT Analysis Targets by Strategic Goal Strategic Plan Implementation 13 15 17 12 Strategic Plan Participants 18 10Focus Group Results 0 3 Beginning in March of 2025, the City of Berlin engaged in a strategic planning process. The process generated strategic goals covering 2026-2029. The plan consists of four strategic goals, identified as the issues of greatest importance to the City over the next four years. Each goal has an associated outcome, key outcome indicator, and performance target. These were determined through a facilitated process including board and staff and incorporating stakeholder feedback from focus groups and an internal stakeholder survey. As part of the strategic planning process, the Vision and Mission were evaluated. The City chose to update their Vision and Mission. A cross-functional team of staff helped to further develop the Strategic Plan by identifying initiatives to achieve the Strategic Goals. This team will continue to work to develop and implement project plans for each initiative and create a communication plan to ensure that staff understand the overall goals, as well as being able to meaningfully incorporate action steps to achieve those goals into their overall responsibilities. Executive Summary VISION STATEMENT MISSION STATEMENT 0 4 Vision and Mission Berlin successfully balances a rural, small town feel with abundant opportunities for growth and community connections. Berlin values the past while purposefully planning for the future, delivering safe, reliable, and professional services that improve the quality of life for the community. The Strategic Planning Process The Strategic Planning Process seeks to answer five questions: 1. Where are we right now? (Plan Development) 2. Where do we want to be? (Plan Development) 3. How do we get there from here? (Plan Implementation) 4. How will we know when we get there? (Plan Implementation) 5. Are there changes in the future external environment that we need to consider? DEVELOPMENT Where are we now? Scan the Environment Conduct Internal and External Analysis (SWOT) Develop a Strategic Profile Identify Strategic Challenges Where are we going? Define Our Mission Articulate Core Values Set a Vision Identify Key Intended Outcomes IMPLEMENTATION How will we know? Create Detailed Action Plans Establish Accountability: Who, What, When Identify Success Indicators How will we get there? Develop Initiatives Define Performance Measures Set Targets and Thresholds Spread Throughout Organization 0 5 Assessing the Current Environment The Strategic Planning Process began with a meeting between the consultant and Berlin staff. The meeting included a review of strategic planning principles, a discussion of organizational value proposition, the status of vision and mission statements, and a tutorial on preparing an Environmental Scan. The session concluded with a timeline for the planning process, assignments for preparation of the Environmental Scan, and a process for conducting the stakeholder outreach. 0 6 ASSESSING THE ENVIRONMENT INCLUDED: 0 7 A community survey Focus groups Environmental Scan As environmental factors change over time, they need to be evaluated and incorporated into the strategic thinking and planning process using current data. As a result, the focus groups were limited in scope and consisted of businesses, nonprofits, residents, students, and employees of the City. Each focus group discussed what participants saw as strengths of Berlin along with opportunities for change. The results of these efforts were presented to the Berlin Board at the first Strategic Planning Session on August 5, 2025. They are summarized below along with links to the complete results. Stakeholder Engagement To answer the question “Where are we now?”, the Strategic Planning Process began with gaining an understanding of the operating environment. This is the first activity in developing a Strategic Plan as internal and external forces, dynamics, and constraints must be considered to arrive at the most effective strategy. The City of Berlin drafted an Environmental Scan providing a comprehensive overview of the community’s demographic trends, financial position, municipal operations, and strategic considerations for long-term planning. The City benefits from a strong sense of community, active local events, and a full range of municipal services. The scan highlights key challenges, including limited revenue growth tied to low net new construction, infrastructure maintenance needs, workforce recruitment and retention pressures, and rising employee benefit costs. Overall, the document positions Berlin to use data-driven insights to guide strategic priorities, ensuring sustainable service delivery and community vitality through 2030 and beyond. Environmental Scan 0 8 STATISTICS TO CONSIDER 2025 total City budget expenditures: $6,666,834 General property tax levy: $2,434,092 Median household income: $49,637 Population under age 18: 22.4%; age 65+: 16.9% Racial composition: ~89.8% White, 13.1% Hispanic/Latino, growing diversity City governed by Mayor and Common Council, with professional administration managing operations Full-service municipal structure including police, fire (paid-on-call), EMS, public works, utilities, library, and senior center Active community engagement through year-round events (farmers market, festivals, parades, car shows) Strong park and recreation presence supported by multiple public facilities Significant city-owned property portfolio supporting operations and development KEY TAKEAWAYS: 0 9 The survey had 299 responses, with 85% indicating they are a resident of Berlin. When asked what they liked best about living in Berlin, the top three answers were: grew up here and/or have family in the area (55%), parks and recreation areas (32%), and peaceful community (28%). Respondents ranked the following as Essential for quality of life in Berlin: public safety (81%), schools (69%), affordability/cost of living (64%), local stores and shopping (52%). A majority of respondents were very satisfied or satisfied with the following services / features in Berlin: parks and park facilities (80%), fire and emergency medical response (65%), quality of life (59%), police (57%). When asked the most important things for a strong and healthy community, the top four responses were: high-quality schools (60%), a sense of safety and security (46%), employment opportunities (39%) and high-quality City services (28%). Respondents ranked the following as Essential to the future of Berlin: a safe community (84%), a good place to raise a family (79%), high-quality schools (74%), affordable City services (68%). A majority of respondents marked Yes to the following statements/questions: “I would support up to $50-100 in additional property taxes per year on an average home to fund pool repairs and ongoing maintenance.” (Yes, 57%) “Would you be willing to pay an additional $20 per vehicle, per year to fund road repairs?” (Yes, 52%) A majority of respondents strongly or somewhat agreed with the following statements: “A high-quality school system is an important factor in the success of the community.” (89%) “The City should invest in projects and programs that enhance the quality of life for all community members.” (84%) “The City should invest in creating jobs and growing local businesses.” (84%) An External Stakeholder (Community) Survey was conducted from June 20 to July 25, 2025. External Stakeholders refer to individuals or groups who are outside the organization but are affected by the actions of the organization and the quality of life in the community. These include, but are not limited to, businesses, neighborhoods, residents of all ages, historically excluded populations, special interest groups, educational facilities including K-12 schools and higher education, and other taxing jurisdictions. External Stakeholder (Community) Survey Results 1 0 Focus Group Results As part of the City's strategic planning process, focus groups were conducted on August 19, 2025. The four Focus Groups included: employees; residents; businesses; nonprofits and community faith leaders. A Focus Group is a small-group discussion, guided by a trained facilitator, used to gather in-depth information about a community’s thoughts and opinions about a designated topic. The interaction enables participants to ask questions of each other, as well as to re- evaluate and reconsider their own understandings of their specific experiences. The facilitator’s role is to gather information in an impartial and confidential manner, manage the pace of the discussion, and ensure that everyone has a chance to participate. The process included a set of questions and follow-up discussion within the small group. 1 0 KEY TAKEAWAYS: Berlin has a small-town feel while maintaining convenient access to the amenities of nearby larger communities. The City’s sense of community is strong, with residents consistently describing it as welcoming, supportive, and rooted in tradition. Parks, the library, and community events are highly valued and contribute to the quality of life. At the same time, participants noted that Berlin lacks a clear identity and would benefit from stronger direction and a shared vision for the future. Economic development emerged as a top priority, including attracting businesses, expanding industry, and creating jobs to attract and retain residents. The appearance of downtown and other areas of the community was an area of concern, including vacant buildings, property maintenance, and the need for more consistent code enforcement and beautification efforts. Residents also noted visible deterioration of streets and infrastructure. Housing availability and quality were consistently cited as barriers to growth and support of workforce needs. 1 0 Focus Group Results, cont. 1 1 Residents noted declining retail and service options, especially the absence of a grocery store. Several groups discussed the perceived erosion of trust between the City, residents, and businesses, and expressed a desire for improved transparency, communication, and engagement. Participants would like to see expanded amenities and recreation options for youth and families. Finally, the City’s natural assets, especially the river, are seen as underutilized and present an opportunity to enhance recreation, tourism, and community connection. 1 2 To provide ample opportunity for reflection, a SWOT survey was distributed to the Board Members and staff prior to the Strategic Planning session. During the Strategic Planning Retreat, the SWOT data was reviewed to determine key themes and strategic issues. An integral part of the Strategic Planning Process is a SWOT Analysis, which stands for strengths, weaknesses, opportunities, and threats. It provides a situational overview of the environment in which strategic planning takes place and allows a systematic examination of factors impacting the community. Strengths and Weaknesses examine the internal operating environment, while Opportunities and Threats evaluate the external operating environment. Understanding the Environment 1 3 SWOT Analysis STRENGTHS WEAKNESSES OPPORTUNITIES THREATS Dedicated staff Caring elected officials Great location Great public parks Outside community support Strategic Issues Weak financial position Staffing issues Outdated codes/red tape Aging facilities Lack of cohesion between council / community / staff Growth: housing, economics, activities Promote: bedroom community, location Attract: families, businesses, events Automated services: campground, parks and shelter, website Updated codes Staff capacity- workforce $ Civic engagement/pipeline Lack of business cohesiveness Retirements- workforce Community fatigue/need for change/education Aging facilities Growth needed Need for increased local biz Need for common identity/vision Different housing mix Roads Infrastructure Lack of future planning Distrust Economics / finances Lack of growth Lack of support / involvement Loss: grocery store, industry, downtown Finally, the groups combined, and all participants reviewed the key themes. A list of strategic issues was determined, and included economic development, partnerships, staffing, infrastructure, water, diverse revenue streams needed, public safety, technology, commercial development and housing. The most important organizational priorities were finalized taking into account information gathered throughout the process, including the Environmental Scan. Through this analysis, four Strategic Goals were identified: Investment in Community, Reliable Infrastructure, Engaged Community, and Workplace of Excellence. Participants then were divided into cross-functional groups. They determined desired Outcomes (what success looks like), Key Outcome Indicators (how to measure progress toward success), and Performance Targets (a measurable goal achieved by a defined date) for each Strategic Goal. 1 4 SWOT Analysis (cont.) T h e S t r e n g t h s a n d O p p o r t u n i t i e s g r o u p s c o m b i n e d t o d i s c u s s h o w i n t e r n a l s t r e n g t h c o u p l e d w i t h e x t e r n a l o p p o r t u n i t i e s c o u l d b e e n a b l e r s o f s u c c e s s . T h e W e a k n e s s e s a n d T h r e a t s g r o u p s c o m b i n e d t o d i s c u s s h o w i n t e r n a l w e a k n e s s e s c o u p l e d w i t h e x t e r n a l t h r e a t s c o u l d b e c h a l l e n g e s t o s u c c e s s . GOAL Investment in Community OUTCOME Increased Development Diversified funding Revitalized downtown TARGET _ _ # o f d e v e lo p m e n t a g re e m e n ts a p p ro v e d w ith in T ID s b y _ _ (d a te ) # o f n e w b u ild c o n s tru c tio n p e rm its in c re a s e d b y _ _ # b y _ _ (d a te ) K O I: # o f n e w b u ild p e rm its , # o f d e v e lo p m e n t a g re e m e n ts a p p ro v e d w ith in T ID 1 7 # o f b u ild in g p e rm its fo r im p ro v e m e n ts in c re a s e d b y __ % b y __ (d a te ) S u p p o rt c re a tio n o f B ID / C h a m b e r / F rie n d s K O I: # b u ild in g p e rm its In c re a s e th e n u m b e r o f g ra n ts a p p lie d fo r b y _ _ % b y _ _ (d a te ) K O I: G ra n ts Improved and repaired streets Upgraded water and sewer Diversified project funding GOAL Reliable Infrastructure Targets by Strategic Goal 1 5 In c re a s e g ra n ts a p p lie d fo r b y _ _ % b y _ _ (d a te ) K O I: # g ra n ts a p p lie d fo r ≥ $ 1 .2 M in v e s te d in w a te r a n d s e w e r a n n u a lly K O I: $ in v e s te d OUTCOME TARGET ≥ $ 1 M in v e s te d in s tre e ts a n n u a lly K O I: $ in v e s te d GOAL Engaged Community OUTCOME Reduce vacancy time Increased retention TARGET Improved processes GOAL Workplace of Excellence OUTCOME Sustainable pipeline for public service TARGET Vision for Berlin understood C o m p p la n v is io n in g d o n e b y 1 2 / 2 6 K O I: V is io n in g c o m p le te In fo rm a tio n p a c k e t e x p la in in g c o m m itm e n t fo r c o m m itte e s a n d b o a rd s a v a ila b le b y _ _ (d a te ) In te re s t lis t c o m p ile d fo r e a c h c o m m itte e a n d b o a rd c o m p le te d a n n u a lly K O I: In fo rm a tio n p a c k e t a v a ila b le ; in te re s t lis t c o m p ile d Targets by Strategic Goal (Cont’d) 1 6 P ro d u c e a t le a s t o n e p ie c e o f e d u c a tio n a l c o n te n t m o n th ly In c re a s e e n g a g e m e n t b y _ _ % b y _ _ (d a te ) C re a te te s tim o n ia l c a m p a ig n b y _ _ (d a te ) K O I: # e d u c a tio n a l to p ic s a d d re s s e d ; e n g a g e m e n t Well informed community T im e to fill d e c re a s e d b y _ _ % b y _ _ (d a te ) K O I: T im e to fill In c re a s e re te n tio n ra te s b y _ _ % b y _ _ (d a te ) K O I: R e te n tio n ra te s _ _ # o f p ro c e s s e s e v a lu a te d a n n u a lly K O I: # o f p ro c e s s e s e v a lu a te d Increased organizational resilience E v a lu a te _ _ % o f S O P s fo r a c c u ra c y a n n u a lly C ro s s -tra in _ _ % o f id e n tifie d c ritic a l ro le s b y _ _ (d a te ) K O I: # o f S O P s e v a lu a te d ; % o f ro le s c ro s s -tra in e d I m p l e m e n t a t i o n i s t h e f i n a l s t e p i n t h e S t r a t e g ic P l a n n i n g P r o ce s s a n d co n s is t s o f s t a f f d e v e l o p i n g I n i t i a t i v e s t o s u p p o r t t h e S t r a t e g i c G o a l s d e t e r m in e d d u r i n g t h e S t r a t e g i c P l a n n i n g P r o c e s s . T h e f o l l o w i n g I n i t i a t i v e s w i l l b e r e p o r t e d o n r e g u l a r l y , s h o w i n g t h e m e a s u r a b l e p r o g r e s s t h e C i t y o f B e r l i n i s m a k i n g t o w a r d s t h e i r S t r a t e g i c G o a l s a n d a s s o c i a t e d P e r f o r m a n c e T a r g e t s . S t r a t e g i c P l a n I m p l e m e n t a t i o n Downtown Revitalization & Placemaking Program Strategic Economic Development & Business Attraction Diversified Funding & Investment Strategy Community-Driven Development & Housing Investment Goal: Investment in Community Street Rehabilitation & Maintenance Program Water & Sewer System Modernization Diversified Infrastructure Funding Strategy Integrated Capital Planning & Project Coordination Goal: Reliable Infrastructure Civic Talent Pipeline & Volunteer-to-Leadership Pathway Modernize Citywide Communications Build Strong Neighborhood and Community Partnerships Promote Transparency & Open Government Goal: Engaged Community 1 7 Build a High-Performance, People-Centered Culture Strengthen Talent Development & Workplace Capacity Foster an Innovative, Empowered, and Efficient Work Environment Prioritize Employee Well-Being, Satisfaction, and Support Goal: Workplace of Excellence 1 8 Strategic Planning Session Participants The strategic plan was developed with the hard work and dedication of many individuals. The Berlin Board and Staff led the way, taking time out of their schedules to commit to long- term thinking. They defined a direction and a set of outcomes that are important to the community stakeholders with whom they partner and serve. C o r y P o r i s P l a s c h , P r e s i d e n t , C P 2 C o n s u l t i n g C o n s u l t a n t Catrina Burgess Mayor Terry Przybyl Alderperson (Wards 1 & 7) Victoria Hill Alderperson & Council President (Ward 2) Kristina Boeck Alderperson (Ward 3) Samantha Stobbe Alderperson (Ward 4) Joshua Nigbor Alderperson (Ward 5) Melissa Sorenson Alderperson (Ward 6) C i t y C o u n c i l & S t a f f Chief Brian Pulvermacher Police Chief Brian Malnory Utility Superintendent Chief Doug Dewhurst Fire Chief 1 8 Jessi Balcom City Administrator & Clerk-Treasurer Tim Ludolph Zoning Administrator Evan Vandenlangenberg EMS Director Scott Zabel Streets Superintendent Debra Thiel Deputy Clerk-Treasurer Chris Kalupa Library Director CITY OF BERLIN COMMON COUNCIL STAFF REPORT TO: Common Council FROM: Jessi Balcom, City Administrator AGENDA ITEM: Employee Handbook Amendment – Compensation & Work Schedule MEETING DATE: July 14, 2026 BACKGROUND The Employee Handbook (updated July 14, 2026) Compensation & Work Schedule section has been updated to reflect current practices. A few additional facts about pay: Step increases may be provided pursuant to a step increase policy established and amended from time to time by the Common Council. Employees should consult with their supervisors for more details. No deductions shall be made from employee wages without the employee's written authorization except those deductions required by law, court, or contract. The City may not deduct any amount from a paycheck due to faulty workmanship or lost or stolen property unless the employee has first authorized it in writing, or the damage or loss is due to the employee's negligence or criminal acts as determined by a court or by a representative appointed by the employee. If a paycheck is lost by an employee, or stolen, notify the Payroll Clerk immediately. The stop payment bank charge will be assumed by the employee. The first bullet point – the City is not currently utilizing a step increase system, so this language could be removed to reduce confusion. The third bullet point – the City does not issue paper payroll checks; payroll is done through direct deposit. This language is no longer relevant. This is a consent agenda item. The Committee of the Whole recommended revising the Employee Handbook section on Compensation & Work Schedule and adopting the updated document. 1 CITY OF BERLIN EMPLOYEE HANDBOOK Updated: July 14, 2026 2 TABLE OF CONTENTS INTRODUCTION ....................................................................................................................................... 4 City of Berlin Employment Policy Making ................................................................................................ 4 Employment at Will ................................................................................................................................... 4 GENERAL EMPLOYMENT ..................................................................................................................... 5 Employee Classifications ........................................................................................................................... 5 Unions ........................................................................................................................................................ 5 Employment of Relatives ........................................................................................................................... 5 Employee Records ...................................................................................................................................... 6 Termination, Resignation and Discharge ................................................................................................... 6 Residency Requirements ............................................................................................................................ 7 Licenses & Certifications ........................................................................................................................... 7 Loss of Driving Privileges .......................................................................................................................... 7 Reference/Background Checks .................................................................................................................. 8 Job Vacancies & Recruitment .................................................................................................................... 8 EMPLOYEE BENEFITS ........................................................................................................................... 9 Medical Insurance ...................................................................................................................................... 9 Post-Retirement Health Insurance Benefits ................................................................................................ 9 COBRA ...................................................................................................................................................... 9 Life Insurance ............................................................................................................................................. 9 Retirement Savings Plan ............................................................................................................................. 9 Employee Assistance Program (EAP) ........................................................................................................ 9 Service Awards ........................................................................................................................................ 10 Worker’s Compensation .......................................................................................................................... .10 Travel & Expenses ................................................................................................................................... 10 COMPENSATION & WORK SCHEDULE ........................................................................................... 11 Outside Employment ................................................................................................................................ 11 Attendance & Punctuality ......................................................................................................................... 11 Breaks ....................................................................................................................................................... 11 General Pay Information .......................................................................................................................... 12 Overtime ................................................................................................................................................... 12 Compensatory Time ................................................................................................................................. 12 Pay Schedule ............................................................................................................................................ 13 Performance Reviews and Salary Increases ............................................................................................. 13 Time Records ........................................................................................................................................... 13 Work Hours .............................................................................................................................................. 13 VACATION, HOLIDAYS & LEAVES ................................................................................................... 14 Vacation ................................................................................................................................................... 14 Sick Leave ................................................................................................................................................ 14 Personal Leave ......................................................................................................................................... 15 Holidays ................................................................................................................................................... 16 Bereavement Leave .................................................................................................................................. 16 Military Leave .......................................................................................................................................... 17 Jury Duty .................................................................................................................................................. 17 Time Off From Work In Connection With Court Cases ........................................................................... 17 Time Off To Vote ..................................................................................................................................... 18 3 Family & Medical Leave Act ................................................................................................................... 18 Leaves of Absence ................................................................................................................................... 23 ANTI-DISCRIMINATION & HARASSMENT ..................................................................................... 24 Prohibited Behavior .................................................................................................................................. 24 Harassment by Non-employees ................................................................................................................ 24 Complaint Procedure and Investigation .................................................................................................... 24 Retaliation ................................................................................................................................................ 25 Equal Opportunity Policy ......................................................................................................................... 25 Americans w/Disabilities Act ................................................................................................................... 25 CONDUCT STANDARDS ....................................................................................................................... 26 Zero Tolerance for Workplace Violence .................................................................................................. 26 Workplace Solicitation ............................................................................................................................. 26 Smoking Policy ........................................................................................................................................ 26 Progressive Discipline .............................................................................................................................. 27 Grievances ................................................................................................................................................ 27 ETHICAL AND LEGAL BUSINESS PRACTICES ................................................................ 31 Compliance............................................................................................................................................... 31 Complying with Laws and Regulations .................................................................................................... 31 Conflict of Interest.................................................................................................................................... 31 Accounting and Financial Reports ........................................................................................................... 31 Employee Privacy and Other Confidential Information ........................................................................... 31 Giving and Receiving Gifts ...................................................................................................................... 32 Drug and Alcohol Policy .......................................................................................................................... 32 Dating in the Work Place.......................................................................................................................... 33 Political Activity ...................................................................................................................................... 33 Company Equipment and Vehicles .......................................................................................................... 34 Access to City Buildings/Offices .............................................................................................................. 34 Handling of and Responsibility of City Credit Cards ............................................................................... 35 Dress Code Policy .................................................................................................................................... 35 Tattoos, Body Art, and Hairstyles Policies ............................................................................................... 37 COMPUTER & COMMUNICATION USE POLICY ........................................................................... 39 Telephone Usage ...................................................................................................................................... 40 Special Cell Phone/Electronic Device Use Policy .................................................................................... 40 Personal Mail ............................................................................................................................................ 42 E-mail Usage ............................................................................................................................................ 42 Internet Usage .......................................................................................................................................... 42 Software Policy ........................................................................................................................................ 42 SAFETY & EMERGENCY ..................................................................................................................... 44 Safety ....................................................................................................................................................... 44 Fire Safety ................................................................................................................................................ 44 Emergency Measures ............................................................................................................................... 44 ACKNOWLEDGEMENT ........................................................................................................................ 45 4 INTRODUCTION CITY OF BERLIN EMPLOYMENT POLICY MAKING The Common Council and other Boards and Commissions have the authority to approve the personnel policies as provided for in Wisconsin State Statutes. The City Administrator recommends policy changes to the appropriate governing body, and is responsible for the effective and efficient administration of all personnel policies, which are adopted by the Common Council. Upon hiring, each employee shall receive an Employee Handbook and be responsible for the policies and procedures within it. An acknowledgment form will be signed and placed in the employee's personnel file. The City of Berlin may, at any time, in its discretion, modify any provisions of this Handbook and make any decisions it deems necessary for the efficient operations of the City. This Handbook shall not forfeit or abridge any rights, which the City may have as an employer. From time to time, supplements to this Handbook will be issued. Employees shall be required to review these supplements and incorporate them into the original Handbook. Any and all issued supplements to this Handbook are controlling and supersede any previous sections identified in the supplements. The policies, procedures, rules and regulations set forth in this Handbook shall be applicable to all City of Berlin employees including sworn and non-sworn personnel, except for volunteers (whether paid a nominal fee or not) as such volunteers are covered under a separate Volunteer Handbook. They shall take precedent to any previously adopted work rules with the exception of any policy or procedures established in an existing and valid Collective Bargaining Agreement or Employment Agreement. In such an event, the language in the Collective Bargaining Agreement or an Employment Agreement shall be considered binding. Where such agreements do not address certain areas, this Handbook shall be effective. Although this Handbook establishes general policies for the City of Berlin, if a departmental policy or Handbook exists to enhance departmental effectiveness and is more stringent, this Handbook shall not supplant those departmental rules and regulations. EMPLOYMENT AT WILL Unless expressly prescribed by statute or contract, all City employees’ employment is "at will", which means they may be terminated at any time and for any reason, with or without advance notice and with or without cause. Employees are also free to quit at any time. Any employment relationship other than at will must be set out in writing and approved and adopted by the Common Council. None of the statements, policies, procedures, rules or regulations contained in the Handbook constitutes, a guarantee of employment, or guarantee of any other rights or benefits, or a contract of employment, express or implied. 5 GENERAL EMPLOYMENT EMPLOYEE CLASSIFICATIONS: Employees at the City of Berlin are either full-time or part-time. The City may on occasion hire temporary or seasonal employees, who will not generally be eligible for benefits. Each Employee’s supervisor will verify whether that employee is a full-time or part-time employee, and also, whether that employee is exempted or non-exempt. Exempt employees are not entitled to overtime under the Fair Labor Standards Act, while non-exempt employees can qualify for this pay. Employee classifications are as follows: 1. Regular: A regular employee is one who is performing the duties of a full or part-time position within the City. a. Full-Time: Employee in a regular position whose normal assigned schedule of hours totals 2,080 hours or more per year. Full-time Public Safety Employees may be assigned a shift schedule of 1,950 hours or more per year. b. Part-time: Part time employees work fewer than 40 hours per week. Category 1: Employees working less than twelve hundred 1,200 hours per year, seasonal, contractual, or temporary employees are not eligible for benefits. Category 2: Employees working more than twelve hundred 1,200 hours per year but less than 2,080 hours per year are eligible only for Wisconsin Retirement System retirement benefits. 2. Seasonal: An employee who is employed to work on a regular and/or recurring basis during a specific season or portion of a year. 3. Temporary: A temporary employee is one who is hired for a specific purpose or job for a period not to exceed four (4) months. This temporary employment may be extended for an additional four (4) months. The status of a temporary employee may be changed by vote of the Common Council to that of a regular employee providing there is an opening for a regular, full-time or part-time job, and the employee meets the job qualifications. 4. Limited term employee: An employee who is hired only for a limited period of time or is an employee hired under a state or federal grant program, regardless of the length of employment. Limited-term employees may be full or part time and they are eligible for benefits on the number of hours worked annually with approval of the Common Council. UNIONS: The City of Berlin recognizes the union(s) as representatives for those workers who are unionized. This Handbook does not change any terms or stipulations of any valid and effective collective bargaining agreement negotiated by a union, subject to all applicable statutes prohibiting collective bargaining as to certain issues. EMPLOYMENT OF RELATIVES: Except as provided below, relatives will not be permitted to work within the same department in the City of Berlin, and supervisor-employee 6 relationships shall not be allowed between employees who are relatives. For purposes of this section, the Water & Sewer Utilities are considered one department. 1. Relatives include an employee’s parent, grandparents, child, spouse, domestic partner, sibling, cousin, nieces, nephews, in-laws and step relationships. 2. The City of Berlin may hire relatives of employees to work in different departments where there are no potential problems of supervision, safety, security, morale or potential conflict of interest. An exception may be made to allow relatives to work in the same department if they are/will be on separate crews within the EMS department. 3. Employees who marry or become related will not be permitted to continue to work in the same department. An exception may be made to allow newly married or related employees to work in the same department if they are/will be on separate crews within the EMS department. EMPLOYEE RECORDS: Personnel files will be maintained in accordance with City Code. Employment dates of employees are kept permanently, while payroll records shall be kept for ten (10) years. All employment records will be maintained as per records retention schedule according to law. The City Administrator, for non-current employees, may destroy other records, including correspondence, at his/her discretion, subject to Wisconsin Public Records law. It is each employee’s responsibility to notify the City Clerk's department of any changes in name, address, telephone number, marital status, number of dependents, military service status, beneficiaries or person to notify in case of an accident. Employees may be dismissed for misrepresenting any fact on his or her application or in his or her personnel file. Personnel records are considered City property. Employees may review and make copies of his or her records in the City Clerk's offices after giving adequate notice. Employees may also insert written rebuttals to information in his or her records with which he or she disagrees. Photocopy charges are the employee’s responsibility. TERMINATION, RESIGNATION AND DISCHARGE: Unless expressly prescribed by statute or contract, employment with the City of Berlin is "at will" and may be terminated with or without cause or notice. Similarly, employees are free to resign at any time. If an employee resigns, the City of Berlin requests the courtesy of at least two week’s notice . Department heads and top administrative positions shall be expected to provide 30 days notice. Failure of department heads to give a 30-day notice and other employees to give a two-week notice will forfeit employee rights to receive a payout of any benefits. An employee shall file a written letter of resignation to their department head including a termination date. Once a resignation has been submitted, it cannot be withdrawn, except upon mutual agreement by the employee and the department head/supervisor. Any employee who gives notice of termination or is terminated by the City of Berlin shall be paid wages and vacation accrued to the date of the separation. Accumulated vacation earned but not taken prior to termination date and any unused compensatory time shall be paid within fifteen (15) days after employment termination. 7 Terminating employees, prior to leaving the premises on their final day, shall be expected to attend an exit interview/meeting with their Department Head and/or the City Administrator at such interview/meeting, employees shall be required to turn in all City property in their possession including, but not limited to, keys, credit cards, safety equipment, and City records. RESIDENCY REQUIREMENTS: Some personnel, although deemed to be law enforcement, fire or emergency personnel under Wis. Stat. §66.0502(4)(b), such as but not limited to EMS and fire department on-call volunteers and employees, may not be subjected to residency restrictions because of the on-call response time restrictions already placed on such volunteers and employees, and because the City has a facility available to house EMS volunteers and employees while on call. Also, in regard to the EMS, for which there is already a limited recruitment pool of potential volunteers and employees, the Common Council has determined that imposing a residency requirement on such EMS volunteers and employees would create an additional burden on finding available qualified candidates for such positions which would be contrary to the City’s interests. Residency requirements for law enforcement (50 miles per vote of the Common Council on 2.8.2022), fire department and EMS personnel shall be established by separate departmental policies. Law enforcement personnel are also subject of a collective bargaining agreement. Any residency requirements established shall be in compliance with Wis. Stat. §66.0502(4)(b), and all employees that are subjected to a residency requirement as described herein, or in such separate departmental policies, are deemed to be either law enforcement, fire or emergency personnel. All Public Works Department and Water & Sewer Utility employees, and the City Hall Custodian, shall be considered emergency personnel, and as a condition of employment, shall reside within twenty-five (25) miles of the City of Berlin jurisdictional boundaries. Residency must be established within one year of the employee’s commencement of employment with the City. The City reserves the right to determine whether an employee’s living arrangements satisfy the requirements of this provision. LICENSES & CERTIFICATIONS: Applicants for a position requiring a license and/or certification must present valid proof of the same prior to the first assigned starting date. Licenses and Certifications should be maintained throughout employment at the City. It is the employee's responsibility to maintain the required licensing and certifications required for his/her job. The employee is responsible for any cost relating to licensing and/or certification. The City of Berlin retains the right to verify compliance at any time. Various City employees are required to maintain a CDL (Commercial Drivers License) or other certifications, such as a Pool Operator License, Lifeguarding Certification, etc. The City may pay for all or a portion of the cost relating to obtaining and maintaining these licenses and/or certifications, but doing so shall not create a continuing obligation on the part of the City. The City may also pay for the cost of licenses and/or certifications for employees in some departments and not others, as determined at the discretion of the Department Heads. LOSS OF DRIVING PRIVILEGES: Employee’s who drive City vehicles are required to report to the City, within twenty-four (24) hours or the start of their next shift, whichever is first, any loss or reduction of driving privileges due to driving while impaired or other motor vehicle violations. A loss or reduction of an employee’s driving privileges, if driving City vehicles is an essential function of the employee’s job, may result in termination. Also, employees shall not be allowed to drive a City owned 8 vehicle, and may be subject to termination if driving a City vehicle is an essential job function of the employee, if that employee has been convicted of three or more moving violations and/or at fault accidents during the prior two years, has been convicted of an OWI or DUI violation during the prior year, or is otherwise considered high-risk for insurance purposes (determined by the City Administrator in consultation with the City’s liability insurance company). Driving record checks will be made at least annually for regular City drivers and can be done any time, with or without cause or permission, for any employee driving City vehicles. The City may also participate in the Wisconsin Department of Transportation Employee Notification program for CDL drivers. REFERENCE/BACKGROUND CHECKS: The City of Berlin conducts reference and background checks on all new employees. Employees who have falsified information on their employment applications will be disciplined, which could include termination. Applicants who have provided false information may be eliminated from further consideration for employment. At times, the City may be contacted for a reference request for information regarding current or former employees. Any such request whether by telephone or in writing, shall be responded to by the Department Head or the City Administrator. The City will release only dates of employment and termination, employee's title or position, and a confirmation of wage or salary. JOB VACANCIES & RECRUITMENT: Any vacant position shall be examined by the Department Head and/or the applicable Board or Commission involved. Newly created positions shall be approved by Council as part of the annual budget process or through specific Council action. Replacement positions shall be authorized to be filled by the City Administrator, who shall inform the Council on the intent to hire. If any Council member objects to the hiring, it will be put on an agenda for discussion. Job vacancies may be filled through examination, transfer, promotion, reinstatement and demotion. All positions must be budgeted and approved by the Common Council or applicable Board or Commission. As vacancies occur, they will be posted internally as well as externally. Employment advertisements may be placed in publications, which serve the City’s recruiting area as deemed appropriate by the Common Council. Application deadlines will be a minimum of seven (7) days from the advertising of the position. Applications: Application forms shall be proscribed by the City Administrator and shall meet State and Federal requirements and must be filed through their respective departments. Any application containing false, deceptive or fraudulent information will be subject to disqualification. If such a candidate is hired, he/she will be subject to immediate dismissal. Sworn police officers are subject to WI SS 62.13. The City may reject any application for employment and retains full rights to determine the appropriate applicant for a position. Applications will be kept on file for one year unless state or federal law require otherwise. Job Selection: The selection process shall assess attributes necessary for job performance and career potential, which shall maximize reliability, objectivity and validity. Selection devices may include, but are not limited to, practical written, oral, physical, psychological testing, and personal interviews. The Department Head upon consultation with the City Administrator will determine the selection methods to be used. Prior to the appointing of any position, the City Administrator shall be consulted for authorization. Pre-employment Drug Screening: Applicants may be required to pass a pre-employment drug screening to be eligible for employment with the City of Berlin. ALSO SEE DRUG AND ALCOHOL POLICY IN THIS HANDBOOK.EMPLOYEE BENEFITS 9 EMPLOYEE BENEFITS The City of Berlin employees are entitled to a wide range of benefits. A number of the benefit programs -- such as Social Security, workers' compensation, state disability and unemployment insurance -- cover all employees as required by law. Eligibility for most other benefits depends upon a variety of factors, including employee classification. See the EMPLOYEE CLASSIFICATIONS section of this Handbook to determine benefits eligibility. Some benefit programs require contributions from employees, and some are fully paid by the City of Berlin. The City of Berlin reserves the right to add, amend, modify or terminate any employee benefit plans or programs offered. MEDICAL INSURANCE: The City of Berlin offers group Health insurance. Copies of the current medical insurance plan are available in the City Clerk's office. The City of Berlin shall always have the sole discretion, as allowed by law, to decide the terms of any plan, including whether the plan will include any employer contribution to premiums or deductibles. Proper notice will be given to all employees if a change will be made from a prior policy term. For all other eligibility and coverage details, employees shall refer to the plan documents. The City of Berlin also reserves the right to change the type of plan or terminate any plan, as allowed by law, in its sole discretion. COBRA: If an employee’s employment is terminated, that employee’s City’s group health insurance coverage, if any will terminate on the last day of that employee’s employment. However, that employee and the employee’s dependents may have the right to continue or convert coverage as set forth in the rules of the plan, and as required by law. If an employee is eligible, that employee should receive written notification of his or her right to continue or convert coverage within statutorily prescribed time limits. Should and employee have specific questions about this coverage, he or she should contact the City Administrator. LIFE INSURANCE: Employees will receive documents under a separate cover that explain the life insurance program that the City of Berlin currently provides. RETIREMENT SAVINGS PLAN: The City of Berlin participates in the Wisconsin Retirement System (WRS). All eligible employees shall receive benefits in accordance with state laws and guidelines. All full-time employees of the City of Berlin are also entitled to participate in a Deferred Compensation Plan. This program provides a supplementary retirement benefit by allowing participants to defer a portion of their annual gross income for retirement. Deferred Compensation contributions are 100% employee expense. Full copies of these retirement plans are available in the City Clerk's office. EMPLOYEE ASSISTANCE PROGRAM (EAP): The City of Berlin has an Employee Assistance Program ("EAP"), through a qualified provider. Employees may seek help anonymously for such matters as alcohol or other chemical dependency, family and marital problems, personal and work-related 10 stress situations and anxiety disorders. Contact the City Administrator for additional information. SERVICE AWARDS: Permanent employees completing every five years of full or part-time service shall receive awards in recognition of that length of faithful, continuous service. The City of Berlin provides statutorily required workers' compensation insurance. If an employee become ill or injured while at work, he or she is instructed to get medical attention at once. Employees must also report the details of such illness or injury to his or her supervisor or City Clerk immediately, if physically able to do so. Employees must complete a report for every injury, no matter how small, to keep the coverage in force and to get any benefits or other compensation to which the employee may be entitled. TRAVEL & EXPENSES: Employees will be reimbursed for all reasonable and necessary expenses they incur while travelling on City of Berlin business. Employees must record all travel and business activities on the City's Expense Report Form, including expenditure receipts and submit it to the City Clerk's office, within one month of the business activity. When authorized functions away from the City include one or more meals, the maximum allowable per diem will be the following amounts for the meals involved: Seven dollars ($7.00) for breakfast, Ten dollars ($10.00) for lunch, and Fifteen dollars ($15.00) for dinner, or Thirty-two dollars ($32.00) per day maximum. Meal allowance only applies to the meals not included in the functions registration costs. Receipts shall not be required for per diem meals allowance. There is no objection on behalf of the City to a spouse and/or other family members travelling on an official trip, but the City will not reimburse any expenses attributable to them. It is preferred that non-emergency City vehicles be used for City travel, if available. Fuel, repairs, tolls, parking/garage charges, and other related expenses are reimbursable upon submission of receipts. The City assumes no responsibility when private vehicles are used for City business. When private vehicles are used for City business travelling, mileage reimbursement will be based on the current federal mileage reimbursement rate as set by the IRS. Any private vehicle must have proof of liability insurance to be used, and the vehicle liability is the employee's responsibility. Mileage determinations will originate from City Hall to the designated location. 11 COMPENSATION & WORK SCHEDULE OUTSIDE EMPLOYMENT: Because of the City of Berlin's obligations to its citizens, the City must be aware of any concurrent employment each employee may have to determine whether or not it presents a potential conflict. Serving on any public or government board or commission qualifies as employment for purposes of this policy, regardless of whether such service is compensated. Before beginning or continuing outside employment, employees are required to obtain written approval of their supervisor and the City Administrator. Employees must submit written documentation to their immediate supervisor and the City Administrator detailing the involvement with the other employer. This documentation should also include a statement of understanding that any duties of outside employment will not conflict with or occur during employment hours with the City of Berlin. Failing to obtain prior approval as described may result in disciplinary action, up to and including termination. Employees who are on leave of absence, including FMLA leave or Workers' Compensation leave are prohibited from having outside employment during their leave, unless otherwise allowed by law. ATTENDANCE & PUNCTUALITY: Every employee is expected to attend work regularly and report to work on time. If an employee is unable to report to work on time for any reason, that employee must telephone his or her supervisor as far in advance as possible. If an employee does not call in an absence in advance, it will be considered unexcused. Unsatisfactory attendance, including reporting late or quitting early, may result in disciplinary action, up to and including discharge. BREAKS: Any employee working 6 hours or longer in any day is permitted one half hour for lunch, unless the employee's immediate supervisor specifically authorizes more time. Typically supervisors grant 1 hour for full time employees, and 1/2 hour for part time employees, but that again is up to the discretion of the supervisor, depending on the needs of the department. Times during which lunch is to be taken shall be scheduled with the employee's immediate supervisor in advance for regular full-time employees, otherwise lunch times shall be decided on a daily basis according to the needs of the department. Each employee must be conscientious about returning from lunch on time, out of consideration for fellow employees who may not be able to leave for their lunches until that employee's return, notwithstanding the City of Berlin's general policy on tardiness. Skipping lunch hours to make up time for tardiness, out-of-the-work appointments or leaving early is not permitted. Coffee breaks, time for snacks, or visiting do not count as meal periods but as rest periods. There is no legal requirement in Wisconsin that an employee be given a rest period, however employees' immediate supervisors are authorized to provide rest periods for their employees, in their discretion. Therefore, for those employees who are not provided rest periods, any excessive activities that would otherwise constitute a rest period may be required to be made up by the employee under the direction of the employee's immediate supervisor, or may be cause for disciplinary action. If granted, a rest period should not exceed ten (10) minutes at any one time; and when it is granted, it should be near the middle of the first and/or second half of the workday. The rest period shall include any time taken in preparation for the rest period and in going to and from a specific rest period area. During breaks, employees shall be subject to the discretion of the employee’s immediate supervisor as to the location of, and limitation of the employee's conduct, during breaks. Employees must also be aware of and abide by the City’s smoking policies and prohibitions, as contained in this Handbook or otherwise established by the employee’s supervisor, as well as state laws relating to smoking in certain public places. If for any reason an 12 employee that normally is granted rest periods does not receive a rest period on a particular day, or an employee does not use a rest period granted, it does not accrue to be granted at some later time or date, unless expressly authorized by the employee’s supervisor. This means that, unless expressly authorized by the employee’s supervisor, the employee cannot combine two rest periods nor can a rest period be used to leave work early or to extend the length of a lunch period or vacation leave. Unless expressly authorized by the employee’s supervisor, an employee cannot take a rest period in shorter increments i.e. two five (5) minute "smoke" breaks. Rest periods will not be granted to any employee who abuses the privilege. GENERAL PAY INFORMATION: Certain mandatory deductions from paychecks will be made in accordance with federal and state laws. In addition, the City of Berlin makes available certain voluntary deductions as part of the City's benefits program. If an employee elects supplemental coverage under one of the City's benefits plans, which requires employee contributions, the employee's share of the cost will be deducted from his or her check each pay period. If the employee is not receiving a payroll check due to illness, injury, or leave of absence, he or she will be required to pay the monthly cost directly to the City. OVERTIME: Because of the nature of work, employees may be asked to work overtime on weekends or holidays or additional hours during the regular workday and are expected to comply with such requests. Overtime compensation is paid to all non-exempt employees at one and one-half times their straight time rate for all hours worked in excess of 40 hours per week. If an employee is non-exempt, that employee must receive authorization from his or her supervisor before working overtime. After an employee has worked overtime, he or she must enter it on a timesheet for the pay period it is accrued. Overtime pay is based on actual hours worked. Time taken for lunch or dinner is not included as time worked for purposes of computing overtime. Time off on holidays, sick leave, vacation leave, personal leave, training seminars or any leave of absence will not be factored in as hours worked when calculating overtime. COMPENSATORY TIME: Exempt Employees: Employees exempt from the provisions of the Fair Labor Standards Act are charged with fulfilling their duties and responsibilities and meeting their goals without regard to the number of hours per day or per week and receive no overtime pay. Exempt employees may request of the employer compensatory time off (which could be less than on an hour for hour basis) on applicable forms prepared by City Administrator. Approval or denial of such request is at the discretion of the employee's immediate supervisor. For the purposes of requesting compensatory time off, exempt employees will be required to record compensatory time logged and taken on their respective time report. The employer is not obligated to grant compensatory time off and compensatory time is not paid out at the time of separation from employment, for any reason. Non-Exempt Employees: As an alternative to getting paid monetarily for overtime as described above, each non-exempt employee may, in the discretion of the employee's Department Head, be paid for overtime in the form of compensatory time off, at the rate of one and one-half times their straight time rate. The maximum amount of compensatory time off that can be accrued shall be forty (40) hours per calendar year. Accrued but unused compensatory time off shall not be carried over from year to year and shall be paid in cash at the end of each calendar year. An employee who has accrued compensatory time and requests use of the time shall be permitted to use the time off within a reasonable period after making 13 the request, if the time off will not unduly disrupt the operations of the employee's department. Compensatory hours accrued under the provisions of this agreement shall be paid out upon termination of an employee's employment with the City of Berlin for any reason. PAY SCHEDULE: All employees of the City of Berlin shall receive such salaries as may be established from time to time by the Common Council or the appropriate board or commission. Employees will be paid bi-weekly on Fridays. The 14-day pay period begins on Sunday and ends on Saturday. If the regular payday falls on a holiday, payday will be the last regular workday before the holiday. Picking up of payroll checks early is not permitted, except under permission from the City Clerk. A few additional facts about pay: No deductions shall be made from employee wages without the employee's written authorization except those deductions required by law, court, or contract. The City may not deduct any amount from a paycheck due to faulty workmanship or lost or stolen property unless the employee has first authorized it in writing, or the damage or loss is due to the employee's negligence or criminal acts as determined by a court or by a representative appointed by the employee. PERFORMANCE REVIEWS AND SALARY INCREASES: Supervisors and employees are strongly encouraged to discuss job performance and goals informally any time. Formal performance reviews will be conducted to provide both supervisors and employees with the opportunity to discuss job tasks, identify and correct weaknesses, encourage and recognize strengths, and discuss positive, purposeful approaches for meeting goals. These formal reviews will be conducted annually or as deemed necessary by the supervisor. Salary and wage increases are based on those reviews (unless salaries or wages are otherwise predetermined by Common Council). However, an employee receiving a performance appraisal will not necessarily receive a salary or wage increase. TIME RECORDS: All employees must keep accurate time records by completing timesheets. Tampering with, falsifying or altering time cards will result in disciplinary action, up to and including discharge. Failing to record work time or proper recording of benefit usage on timecards may also result in disciplinary action. For payroll purposes, time is rounded to the nearest quarter of an hour. WORK HOURS: The City of Berlin follows a work schedule of 40 hours per week. The normal workweek is Monday through Friday, but may fluctuate by season or by department. Normal hours differ by department. Each employee’s supervisor may establish alternative hours as needed. Also, some department employees may also be subject to mandatory call-in duty outside of employee’s normally scheduled duties. If such mandatory call-in hours result in overtime hours for the employee, the employee shall be paid in accordance with the overtime policy described in this Handbook. 14 VACATION, HOLIDAYS & LEAVES VACATION: The City of Berlin provides paid vacations for eligible employees as follows: Vacation days accrue according to the below schedule on a prorated biweekly basis. For vacation purposes, a week shall be forty (40) hours. Length of Continuous Full Time Employment Vacation Earning Rates At hire through 5 years Two (2) weeks or Eighty (80) hours per year Beginning of 6th year through 12 years Three (3) weeks or 120 hours per year Beginning of 13th year through 20 years Four (4) weeks or 160 hours per year Beginning of 21st year and over Five (5) weeks or 200 hours per year Only active, full-time employees are eligible for paid vacation, and all vacation must be earned before being taken. Employees may not substitute pay for unused vacation. Should a City holiday occur during an employee’s vacation, than employee may add an additional day, either at the beginning ro end of the vacation perior, with the employee’s supervisor’s approval. The City of Berlin reserves the right not to approve a vacation request if it will interfere with City operations or adversely affect coverage of job and staff requirements. Whenever possible, employees' requests for vacation will be accommodated, but where scheduling conflicts arise, supervisor discretion will prevail. Unused vacation can be carried over up to twice the annual vacation amount. Therefore, if an employee receives two weeks vacation per year, they can accumulate up to four weeks at a time before time begins to be lost. In the event of an employee's death, compensation for all unused and accrued vacation allowance shall be paid to the beneficiary. SICK LEAVE: Full-time employees are eligible to earn sick day credits not to exceed twelve (12) paid sick days (8 hours each) for the employment year. Full-time employees shall earn one sick leave day (8 hours) per month of continuous employment accumulated to a maximum of 130 days (1,040 hours). Employees in their initial year of employment are eligible to accrue sick leave based on the number of months of employment during that calendar year. If an employee received pay for ten (10) or more normal workdays during a calendar month, that month will be considered a month of employment. To be eligible for a sick day, the employee must call in each day to the employee’s supervisor no later than 15 minutes after the employee’s usual start time for work. If the employee does not call in, the absence will be considered unexcused and the employee will not be paid for it. Permitted use of sick leave includes absences from duty due to, (1) bona fide illnesses of the employee, (2) caring for an immediate household family member of the employee (meaning spouse, child or parent living in the same household as the employee) with a serious health condition., (3) contact with or exposure to contagious disease rendering the employee's presence hazardous to fellow workers, or (4) preventative medicine or treatment or validated reasonable medical or dental care that cannot be scheduled during non-working hours. Any use of sick leave for purposes other than the reasons above described is an abuse of the sick leave policy and may result in discipline, up to and including termination. Sick leave shall apply only to days that the employee is regularly scheduled to work and shall not apply to overtime hours or to days when the 15 employee is on any other type of paid or unpaid leave. The City of Berlin reserves the right to request a doctor's certificate for either the employee, or the immediate household family member being cared for, as applicable, for any sick days requested. If such a certificate is requested and the employee cannot or will not produce it, the absence may be considered unexcused, and the employee will not be paid for it. All sick leaves exceeding three days shall require a doctor's certificate to be submitted to the City Administrator or his/her designee. In conjunction with the doctor’s certificate for immediate household family members being cared for, the City reserves the right to determine whether an illness, injury, impairment or physical or mental condition constitutes a serious health condition entitling the employee the use of sick leave. A "serious health condition" under this policy is defined the same as under the City’s Family and Medical Leave Policy contained in this Handbook. As a mutual protection for the employee and the City, the City may require an employee to submit to a physical examination by a City designated physician when in the opinion of the Department Head, in consultation with the City Administrator, the performance of the employee may have become limited to or weakened by virtue of impaired health. The City Administrator may require the employee to conform to the physician's recommendations as a condition of continued employment with the City. Upon an employee’s termination of employment for any reason other than quitting or discharge for cause, the employer shall maintain in escrow an amount equal to the employee's accumulated sick leave to a maximum of sixty-five (65) days. This shall be computed at the current rate of pay at the time of the employee's retirement. Said escrow amount shall be applied by the employer toward the employee's share of any post termination health insurance premiums and/or authorized HSA contributions (such as for COBRA premiums or post retirement health coverage as applicable). Further, if an employee dies after such termination as described hereunder, the balance of the escrowed funds shall be applied toward COBRA premiums and/or authorized HAS contributions for the deceased employee’s spouse or other eligible dependent. Unused sick leave will not otherwise be paid out or used for any other purpose. The City’s payments from escrow shall be made only once per month, unless reasonable exceptions are made for urgent payments. For purposes of this provision, the term “quitting” means termination of employment initiated by the employee, except for eligible retirement under Wisconsin Retirement System plan. In case of death of an employee who would have qualified for retirement under the Wisconsin Retirement System, any remaining unused accumulated sick leave shall be paid, subject to the limitations described above to the dependent beneficiary indicated in the employee's Wisconsin Retirement System plan. All sick leave shall be subject to administration by the City Administrator. Work-related illnesses are covered under Worker's Compensation elsewhere in this Handbook. PERSONAL LEAVE: The City of Berlin provides full-time employees up to two (2) paid personal days (16 hours) per calendar year, however, full-time EMS department employees that work a 24 hour shift shall instead receive 24 hours of paid personal time per calendar year, which can be used for any reason. New employees shall be credited with a pro-rata share of Personal Leave days from the beginning of their employment. Employees must use personal days by December 31 of each year, as unused personal days may not be carried over to the next calendar year. Employees will not be paid for accrued unused personal days on termination. 16 HOLIDAYS: The City of Berlin observes the following holidays and will not conduct business on these days: New Year's Day New Year's Eve Memorial Day Independence Day Labor Day Thanksgiving Day after Thanksgiving Christmas Day Christmas Eve Good Friday Employees will be paid for these holidays if he or she: Is a full-time employee at the City, and Has worked the full day before and the full day after the holiday, unless the employee is in paid status (paid time off has been approved in advance by his or her supervisor). Holidays that fall on a weekend will be observed either on a Friday or Monday. If a holiday falls on a Saturday, the preceding Friday will be the observed holiday. When it falls on a Sunday, the following Monday shall be the observed holiday. This applies for all employees except those regularly scheduled to work on a shift basis or departments scheduled to operate on specific holidays. In these cases, department regulations may take precedent. Due to community needs, some employees may be required to work on City holidays. Each employee’s supervisor will notify him or her if this may apply to him or her. Employees who work on paid holidays shall receive pay at time and one-half their normal wage, unless otherwise specified in a Labor Agreement or through approval of the Sewer and Water Commission. Under no circumstances will an employee be compensated with both holiday pay and sick leave pay when the employee is unable to report to work on a scheduled holiday. The City will work to make reasonable accommodations for employee's holiday time off due to the observance of conscientious religious beliefs. Department heads must be consulted at least three (3) days in advance of such a religious observance in order to insure that the employee's duties are covered. Any such day shall be without pay unless approved paid leave is available. BEREAVEMENT LEAVE: Full-time employees are permitted: Three (3) days of paid leave to attend the funeral, and directly related activities, for any of the following members of the employee’s family: oSpouse oChildren oChildren-in-law oParents oParents-in-law oSiblings oGrandparents oGrandchildren 17 One (1) day of paid leave to attend the funeral, and directly related activities, for any of the following members of the employee s family: oGrandparents-in-law oGrandchildren-in-law oSiblings-in-law oAunt oUncle Bereavement pay will only be paid for actual days of attendance of the funeral and related activities. No bereavement pay will be granted for funerals, and directly related activities, which are not on a scheduled workday unless authorized by the City Administrator. A portion of the paid bereavement leave may be granted for travel if the employee has to travel long distances for the funeral and directly related activities. Time off in excess of the paid leave granted hereunder may be granted without pay if approved by the employee's supervisor. The employee may also utilize any unused vacation or personal time for this reason. The employee’s supervisor must approve all bereavement time, and the City may request verification of the facts surrounding the leave and grant or deny the leave as deemed appropriate. Bereavement leave will not be paid if it occurs when the employee is on vacation or leave of absence, absent due to illness or injury, or not working due to a paid holiday. MILITARY LEAVE: Pursuant to the Uniformed Services Employment and Re-employment Rights Act (USERRA), the City of Berlin prohibits discrimination against persons because of their service in the Armed Forces, the Army National Guard and the Air Force National Guard when engaged in active duty for training, inactive duty training, or full-time National Guard duty, the commissioned corps of the Public Health Service, and any other category of persons designated by the President in time of war or emergency. Full-time employees are entitled to up to four years of unpaid leave for military duty or training. JURY DUTY: The City of Berlin supports employees in fulfilling their civic responsibilities by serving jury duty when required and fully compensates them for time served. Any employee required to serve jury duty shall be paid regular wages for all regularly scheduled work hours and shall turn over to the City Clerk any compensation, excluding mileage allowance, received as a result of such jury duty. However, such employee must inform his or her supervisor of his or her jury summons as soon as possible so that arrangements can be made to accommodate his or her absence. He or she will be expected to report for work during his or her jury service whenever the court schedule permits. For full-time employees, all employee benefits will remain in effect for the full term of his or her jury duty absence. TIME OFF FROM WORK IN CONNECTION WITH COURT CASES: We recognize that an employee might be subpoenaed or otherwise required to serve as a third party witness in a court case or arbitration. An employee called to testify will be paid for the time away from work if the case involves an offense against the City of Berlin or an incident that occurred during employment. If called for other types of legal proceedings, an employee may use available vacation and personal days to cover his or her time away from work; otherwise the leave will be unpaid. Employees will not be terminated based on being absent from work for serving as a third party witness in a court case. However, if an employee is called to serve, he or she must notify his or her supervisor as 18 soon as possible. TIME OFF TO VOTE: Employees who are eligible to vote in an election may request reasonable time off without pay to vote. If an employee plans to take such time off, he or she must notify his or her supervisor before Election Day. The City may specify which hour(s) employees may take off for this purpose. FAMILY & MEDICAL LEAVE ACT: I. PURPOSE: This policy outlines the provisions of the federal and Wisconsin Family and Medical Leave Acts and the rights and obligations of employees and employers under both laws. II. POLICY: The Family and Medical Leave Acts provide eligible employees with up to 12 work weeks of unpaid protected leave each calendar year for specified family and medical reasons. The eligibility and entitlements are defined differently under federal and state law. A. Eligibility: Employees are entitled to FMLA benefits if they: 1. Federal Have been employed by the city for at least 12 months (not necessarily consecutive); and have worked at least 1,250 hours during the 12 months prior to the start of the FMLA leave. Time spent on paid or unpaid leave does not count in determining the 1,250 hour eligibility. 2. State - Have been employed by the city for at least 52 consecutive weeks and have worked for at least 1,000 hours during the 52 weeks prior to the start of the FMLA leave. B. Qualifying Event and Amount of Leave 1. Eligible employees may take up to a total of 12 work weeks of unpaid FMLA leave in a calendar year for the following qualifying events: a) The birth or placement of a child for adoption or, under Federal FMLA, for foster care: i. State law provides up to 6 work weeks of unpaid leave for any one child. ii. Federal law requires that leave conclude within 12 months after the birth. b) To care for the employee’s spouse, child, or parent (includes a parent-in-law under the Wisconsin FMLA) with a serious health condition; i. State law provides eligible employees up to 2 work weeks of FMLA family leave. c) Family leave due to an employee’s spouse, child, or parent being on exigent active duty or having been notified of an impending call or order to exigent active duty as a member of the reserve components of the Armed Forces or a 19 retired member of the Regular Armed Forces or Reserve, in support of a contingency operation. d) For the employee’s own serious health condition that renders the employee unable to perform his/her job. i. State law provides eligible employees up to 2 workweeks of FMLA medical leave. 2. Eligible employees may take up to a total of 26 work weeks of unpaid FMLA leave during a single 12 month period (beginning on the first day the eligible employee takes FMLA leave to care for a covered service member and ends 12 months after that date, regardless of the method used by the employer to determine the employee's 12 work weeks of leave entitlement for other FMLA-qualifying reasons) to care for a spouse, child, parent, or next of kin who is a member of the Armed Forces who suffered an injury or illness while on active duty that renders the person unable to perform the duties of the member’s office, grade, rank, or rating. a) During the single 12 month period, an eligible employee shall be entitled to a combined total of 26 work weeks of leave under federal law. 3. Leave qualifying for both Wisconsin and federal FMLA leave will count against the employee’s entitlement under both laws and will run concurrently. When the reason(s) for qualified leave differ, the leave may not run concurrently under federal and state law, and an employee may be entitled to more than 12 weeks of leave in a calendar year. This type of leave occurrence will be evaluated and reviewed with the employee at the time of the leave. Qualified leave taken under Worker’s Compensation also will run concurrently with federal FMLA leave. Under the federal FMLA, spouses employed by the City are jointly entitled to a combined total of 12 work weeks of family leave for the birth or placement of a child for adoption or foster care, and to care for a parent (but not a parent-in-law) who has a serious health condition. C. Non Continuous or Intermittent Leave: Employees are permitted to take leave on an intermittent (blocks of time) or reduced work schedule: 1. When it is medically necessary to care for a family member with a serious health condition or because of the employee's serious health condition. 2. When it is necessary to care for a family member or next of kin who suffered an injury or illness while on active duty. 3. To care for a newborn, adopted or foster child. Federal FMLA leave for the birth or placement of a child for adoption or foster care may not be taken in non-continuous increments unless approved by the City. Under the Wisconsin FMLA, the last increment of leave for the birth or placement of a child for adoption must begin within 16 weeks of that birth or placement. Medical or family caretaking leave should be planned so as not to unduly disrupt the City operations. Employees requesting non-continuous federal FMLA leave that is foreseeable based on planned medical treatment for purposes of providing care to a child, spouse, or parent with 20 a serious health condition or for the employee’s own serious health condition may be required to transfer temporarily to an alternative position for which the employee is qualified and which better accommodates recurring periods of leave that theregular employment position of the employee. An employee temporarily transferred will receive the same pay and benefits, but may be assigned different duties. The City allows for intermittent leave to be taken in no less than one hour increments. The employee may not take, or be required to take, more leave than medically necessary to address the circumstances that caused the need for the leave. D. Payments on FMLA Leave: In general, both Wisconsin and federal FMLA leaves are unpaid. The City may require employees to substitute paid leave for which they are eligible (such as vacation days, personal leave, compensatory time, or sick leave) for unpaid leave available under the federal FMLA; or employees may choose to substitute available accrued leave for unpaid Wisconsin FMLA. The City will require that any leave provided by a City collective bargaining agreement be substituted for federal FMLA leave. E. How to Apply for FMLA Leave 1. Employees must submit a Request for Leave form to the City Administrator’s office at least 30 days, or as soon as practicable, in advance of taking leave. If circumstances do not permit an employee to give notice in advance of taking leave, the employee must notify their supervisor and the City Administrator, and submit the Request to Leave form as soon as possible. Failure to give timely notice may result in the delay or denial of FMLA leave and may subject an employee to discipline under City policies. 2. If the leave is for a family member’s or the employee’s serious health condition, the employee may submit a medical certification from the employee’s or the family member’s health care provider within 15 days. If an employee does not provide the required certification by the designated deadline, or if the City determines that an employee’s absence is not covered as FMLA leave, the leave may not be designated as Wisconsin and/or federal FMLA leave, and the employee may be subject to discipline under City attendance policies unless he or she uses accrued paid leave (like vacation) and/or is granted a non-FMLA leave of absence. 3. Second or third certifications at the City’s expense and periodic re-certifications at the employee’s expense may be required under certain circumstances. The City requires periodic reports during federal FMLA leave regarding the employee’s status and intent to return to work. 4. Forms are available through the City Administrator’s office. F. Health Insurance Benefits: Group health insurance coverage will be maintained for employees while they are on FMLA leave, on the same terms as if the employee continued to work. The employee will be required to pay his/her regular portion of health insurance premium payments on a schedule established by the City. The City may recover its share of health insurance premiums paid during a period of unpaid FMLA leave from an employee if the employee fails to return to work (for a minimum of 30 calendar days) after the expiration of the leave. The City may not collect the premiums if the reason the employee does not return is due to continuation, 21 recurrence or onset of a serious health condition that would entitle the employee to leave under FMLA, or other circumstances beyond the employee's control. The City may discontinue health insurance benefits if the employee fails to make a premium payment within 30 days of the due date after providing written notice to the employee of the cancellation of coverage for non-payment. G. Worker’s Compensation and Light Duty: Federal FMLA will run concurrent with worker’s compensation provided that the injury meets the criteria for a “serious health condition”, as defined by law. Substitution of accrued paid leave is not allowed for Worker’s Compensation absences unless an applicable labor agreement provides otherwise. If an employee accepts a light duty assignment while on worker’s compensation, that time may not count against the employee’s family or medical leave entitlement. If the light duty assignment position is declined and the employee elects to stay on FMLA leave, the employee shall give up their worker’s compensation benefits. H. Return to Work: Any employee returning from FMLA for their own serious health condition must provide a Fitness for Duty statement signed by their treating physician. Upon return from FMLA leave, an employee shall be restored to his or her original position or, if the position is not vacant, to an equivalent position with equivalent pay, benefits, and other terms and conditions of employment. An employee will not be restored to their original or equivalent position if they are unable to perform the functions of their job because of a mental or physical condition, unless the condition qualifies under the ADA and a reasonable accommodation can be made. I. Definitions A. Child: Biological, adopted, or foster child, stepchild, legal ward or, under federal FMLA, the child of a person having day-to-day care of the child, or a child of a person standing “in loco parentis”, who is under 18 years of age or 18 years of age and older and incapable of self-care because of a serious health condition. B. Covered Service member: A current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness. C. Incapable of Self-Care: The individual requires active assistance or supervision to provide daily self-care in three or more of the activities of daily living (i.e. grooming, hygiene, bathing, dressing, eating) or instrumental activities of daily living (i.e. cooking, cleaning, shopping, utilizing public transportation, paying bills, maintaining a residence, using telephones and directories, and using a post office). D. Next of Kin: The nearest blood relative other than the covered service member’s spouse, parent, son, or daughter, in the following order of priority: Blood relatives who have been granted legal custody of the covered service members by court decree or statutory provisions, brothers and sisters, grandparents, aunts and uncles, and first cousins, unless the covered service members has specifically designated in writing another blood relative as his or her nearest blood relative for purposes of military caregiver leave under the FMLA. When no such designation is made, and there are multiple family members with the same level of 22 relationship to the covered service member, all such family members shall be considered the covered service member’s next of kin and may take FMLA leave to provide care to the cover service member, either consecutively or simultaneously. When such designation has been made, the designated individual shall be deemed to be the covered service member’s only next of kin. E. Parent: Biological parent, foster parent, adoptive parent, stepparent, or legal guardian of an employee, or parent-in-law under Wisconsin FMLA. Under the federal FMLA, “parent” includes an individual who provided day-to-day care to the employee when the employee was a child. F. Serious Health Condition: An illness, injury, impairment, or physical or mental condition that involves: 1. Inpatient care in a hospital, hospice, or residential medical care facility; or 2. Under Wisconsin FMLA, outpatient care that requires continuing treatment or supervision by a health care provider (generally defined as requiring two direct, continuous and first hand contacts by a health care provider); or 3. Under the federal FMLA: a. A period of incapacity of more than 3 consecutive, full calendar days, and any subsequent treatment or period of incapacity relating to the same condition, that also involves: i. Treatment two or more times, within 30 days of the first day of incapacity, unless extenuating circumstances exist, by a health care provider, by a nurse under direct supervision of a health care provider, or by a provider of health care services (i.e. physical therapist) under orders of, or on referral by, a health care provider; or ii. Treatment by a health care provider on at least one occasion, that results in a regimen of continuing treatment under the supervision of a health care provider. The first or only in person treatment visit must take place within seven days of the first day of incapacity. Whether additional visits or a regimen of continuing treatment is necessary within the 30 day period shall be determined by the health care provider. b. Any period of incapacity due to pregnancy or for prenatal care; c. Chronic conditions requiring periodic treatment (defined as at least twice a year) by or under the supervision of a health care provider that continue over an extended period of time and may cause an episodic rather than a continuing period of incapacity (i.e. asthma, diabetes, epilepsy, etc.); d. Permanent/long term conditions requiring supervision for which treatment may not be effective (i.e. Alzheimer’s, a severe stroke, or the 23 terminal stages of disease); e. Multiple treatments by or under the supervision of a health care provider either for restorative surgery after an accident or other injury or for a condition that would likely result in a period of incapacity of more than three calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy), severe arthritis (physical therapy), or kidney disease (dialysis). LEAVES OF ABSENCE: A City of Berlin employee, upon written request, and with the recommendation of the Department Head and City Administrator, may be granted a non-FMLA leave of absence without pay for a period of up to three (3) months, subject to the approval of the Common Council, or the applicable Board or Commission having statutory authority over the employee's department. Requests for such leave must be made in writing at least thirty (30) days prior to the first day of leave. All eligible vacation and personal leave days must be exhausted prior to requesting such an unpaid leave of absence. If sick leave is eligible to be used for the leave, all available sick leave days must be exhausted prior to requesting an unpaid leave of absence. The written request for such leave of absence must fully state and detail the purpose of the leave and the beginning and ending dates of the leave. Once the written request is submitted to the City Administrator or Department Head, the respective governing body will approve or disapprove according to City policy. A leave of absence without pay shall not be construed as a break in service or employment. However, during such leaves, no seniority, vacation, sick leave or other paid benefits shall accrue during the period. of absence. Upon return from such leave, for every 30 consecutive calendar days an employee was gone on the leave, the employee's evaluation date shall be set forward one (1) month to account for the break in service. Time spent on leave without pay shall not count toward service for wage increases. Use of a leave of absence hereunder for a purpose other than that requested may result in discipline up to and including termination. Failure of an employee on leave to report to work promptly at the leave expiration may result in discipline up to and including termination. An employee on a leave hereunder for more than thirty (30) consecutive days is responsible to pay the entire cost of health and life insurance premiums for the duration of the leave. Further, if an employee on a leave hereunder does not return to work from the leave, even if the leave is less than 30 days, that employee shall be responsible to reimburse the City for any health or life insurance premiums paid on his/her behalf during the leave. Written arrangements must be made with the City Clerk regarding payment for these insurance costs. 24 ANTI DISCRIMINATION & HARASSMENT POLICY The City of Berlin strives to maintain an environment free from discrimination and harassment, where employees treat each other with respect, dignity and courtesy. This policy applies to all phases of employment, including but not limited to recruiting, testing, hiring, promoting, demoting, transferring, laying off, terminating, paying, granting benefits and training. Prohibited Behavior: The City of Berlin does not and will not tolerate any type of harassment of our employees or applicants for employment. Discriminatory conduct or conduct characterized as harassment as defined below is prohibited. The term harassment includes, but is not limited to, slurs, jokes, and other verbal or physical conduct relating to a person's gender, ethnicity, race, color, creed, religion, sexual orientation, national origin, age, disability, marital status, military service status or any other protected classification that unreasonably interferes with a person's work performance or creates an intimidating, hostile work environment. Sexually harassing behavior in particular includes unwelcome conduct such as: sexual advances, requests for sexual favors, offensive touching, or other verbal or physical conduct of a sexual nature. Such conduct may constitute sexual harassment when it: is made an explicit or implicit condition of employment is used as the basis for employment decisions unreasonably interferes with an individual's work performance, or creates an intimidating, hostile or offensive working environment. The types of conduct covered by this policy include: demands or subtle pressure for sexual favors accompanied by a promise of favorable job treatment or a threat concerning employment. Specifically, it includes sexual behavior such as: repeated sexual flirtations, advances or propositions continued and repeated verbal abuse of a sexual nature, sexually related comments and joking, graphic or degrading comments about an employee's appearance or displaying sexually suggestive objects or pictures including cartoons and vulgar e-mail messages, and any uninvited physical contact or touching, such as patting, pinching or repeated brushing against another's body. Such conduct may constitute sexual harassment regardless of whether the conduct is between members of management, between management and staff employees, between staff employees, or directed at employees by non-employees conducting business with the City, regardless of gender or sexual orientation. Harassment by Non-employees: The City of Berlin will also endeavor to protect employees, to the extent possible, from reported harassment by non-employees in the workplace, including citizens and suppliers. Complaint Procedure and Investigation: Any employee who wishes to report a possible incident of sexual harassment or other unlawful harassment or discrimination should promptly report the matter to the employee's supervisor. If that person is not available, or the employee believes it would be inappropriate to contact that person, that employee may contact the City Administrator. The City of Berlin will conduct a prompt investigation as confidentially as possible under the 25 circumstances. Employees who raise concerns and make reports in good faith can do so without fear of reprisal; at the same time, employees have an obligation to cooperate with the City of Berlin in enforcing this policy and investigating and remedying complaints. Any employee who becomes aware of possible sexual harassment or other illegal discrimination against others should promptly advise the employee's supervisor or any other appropriate member of management. Anyone found to have engaged in such wrongful behavior will be subject to appropriate discipline, which may include termination. Retaliation: Any employee who files a complaint of sexual harassment or other discrimination in good faith will not be adversely affected in terms and conditions of employment and will not be retaliated against or discharged because of the complaint. In addition, we will not tolerate retaliation against any employee who, in good faith, cooperates in the investigation of a complaint, Anyone who engages in such retaliatory behavior will be subject to appropriate discipline, up to and including termination. EQUAL OPPORTUNITY POLICY: The City of Berlin provides equal opportunity in all of our employment practices to all qualified employees and applicants without regard to race, color, religion, gender, national origin, age, disability, marital status, military status or any other category protected by federal, state and local laws. This policy applies to all aspects of the employment relationship, including recruitment, hiring, compensation, promotion, transfer, disciplinary action, layoff, return from layoff, training and social, and recreational programs. All such employment decisions will be made without unlawfully discriminating on any prohibited basis. AMERICANS W/DISABILITIES ACT: It is the City of Berlin's policy to not discriminate against qualified individuals with disabilities with regard to any aspect of their employment. The City of Berlin is committed to complying with the American with Disabilities Act of 1990 and its related Section 504 of the Rehabilitation Act of 1973. The City of Berlin recognizes that some individuals with disabilities may require accommodations at work. If an employee is currently disabled or becomes disabled during his or her employment, he or she should contact his or her supervisor to discuss reasonable accommodations that may enable him or her to perform the essential functions of his or her job. 26 CONDUCT STANDARDS ZERO TOLERANCE FOR WORKPLACE VIOLENCE: The City of Berlin has a zero-tolerance policy concerning threats, intimidation and violence of any kind in the workplace either committed by or directed to employees. Employees who engage in such conduct will be disciplined, up to and including immediate termination of employment. Employees who are not law enforcement employees are not permitted to bring weapons of any kind onto City premises or to City functions, except, pursuant to Wis. Stat. 175.60(15m), a licensee or an out-of- state licensee shall not be prohibited from carrying a concealed weapon or ammunition, or from storing a weapon or ammunition, in the licensee's or out-of-state licensee's own motor vehicle, regardless of whether the motor vehicle is used in the course of employment or whether the motor vehicle is driven or parked on City property. Any employee who is suspected of possessing a weapon in violation of this policy will be subject to a search at the City's discretion. Such searches may include, but not be limited to, the employee's personal effects, desk and workspace. If an employee believes he or she has been subjected to threats or threatening conduct by a co-worker, vendor or citizen during his/her course of employment, the employee should notify his or her supervisor or another member of management immediately. Employees will not be penalized for reporting such concerns. WORKPLACE SOLICITATION: To promote a professional and collegial workplace, prevent disruptions in business or interference with work, and avoid personal inconvenience, the City of Berlin has adopted rules about soliciting for any cause and distributing literature of any kind in the workplace. Employees may not solicit on City property or use City facilities, such as e-mail, voice mail or bulletin boards during working time for solicitation. This policy applies to collecting funds, requesting contributions, selling merchandise, gathering employee signatures and promoting membership in clubs or organizations. Working time means time during which employees are expected to be actively engaged in their assigned work; it does not include scheduled meal or break periods. An employee may solicit another employee only if both that employee and the other employee are not on working time, and employees may distribute literature only in non-working areas and while not on working time to other employees who are not on working time. The City of Berlin may grant limited exemptions from these rules for charitable purposes at its discretion. The City of Berlin does not endorse or assist vendors in selling their product or service. For the purposes of this Policy, a "vendor" is a person, group of people, or organization (whether profit or non-profit) selling or promoting a product or service for personal use. These persons who are selling or promoting this product or service shall not contact city employees during work hours. Vendors may not send by U.S. mail, interoffice mail, or deliver, any materials to city employees at their work address. SMOKING POLICY: Smoking is prohibited inside City of Berlin facilities and City owned vehicles. All employees or visitors are expected to comply with this policy, and employees who violate it may be disciplined. Should an employee have a question, complaint or dispute about smoking in the workplace, he or she may contact the City Administrator. 27 PROGRESSIVE DISCIPLINE: The City of Berlin retains the discretion to discipline its employees. Oral and written warnings and progressive discipline up to and including discharge may be administered as appropriate under the circumstances. Typical disciplinary progression for minor offenses includes: first offense - oral warning, second offense - written warning, third offense - three (3) day suspension without pay. On a third offense the employee must submit a sincere and logical written proposal of corrective behavior he/she will undergo to correct the problem. All or none of these steps may be taken as deemed appropriate by the supervisor. Please note that the City of Berlin reserves the right to terminate any employee without resorting to any aspect of the progressive discipline process. Grievances: Employees are encouraged to bring concerns, problems and grievances to management's attention. Employees are also obligated to report any wrongdoing of which he or she becomes aware to his or her immediate supervisor or, if the situation warrants, to any City of Berlin official. Grievance Policy A: Employee Discipline, Termination of Employment, Workplace Safety DEFINITIONS: 1. A grievance as used in this Grievance Policy A shall mean a dispute regarding the application of City policies regarding an employee's discipline or termination of employment, or a dispute concerning workplace safety. (Please note that grievances regarding any other issues shall be addressed under Grievance Policy B below.) No grievance shall be processed under this Grievance Policy A unless it is in writing and contains all of the following: A. the name and position of the grievant; B. a clear and concise statement of the grievance; C. the issue involved; D. the relief sought; E. the date the incident or alleged violation took place; F. the specific section of the Employee Handbook, City policy, or workplace safety rule alleged to have been violated; and G. the signature of the grievant and the date. 2. The term "days" means regular business days, Monday through Friday, other than weekends and holidays regardless of whether the employee or his or her classification is scheduled to work. The time within which an act is to be done under this policy shall be computed by excluding the first day and including the last day. 3. A "grievant" is an employee as defined by state statutes governing this grievance procedure. At the grievant’s cost and request they may be represented by a person of their choice. 4. "Workplace safety" means those conditions related to physical health and safety of employees enforceable under federal or state law, or City rule related to: safety of the physical work environment, the safe operation of workplace equipment and tools, provision of protective equipment, training and warning requirements, workplace violence and accident risk. 5. "Discipline" means oral reprimands (where a written record of the reprimand is placed in the employee’s file), written reprimands, suspension and demotion. Discipline does not include performance reviews, work plans or corrective actions that do not include a reprimand or other 28 adverse employment action. 6. "Termination" means discharge from employment. Layoffs (reduction in force) are not considered terminations and are not subject to this procedure. PROCEDURES: First Step: Within ten (10) days after the facts upon which the grievance is based or should have reasonably become known the employee shall present the written grievance to his/her immediate supervisor. The immediate supervisor shall give a written answer within ten (10) days of receipt of the grievance, with a copy to the City Administrator. An employee who has been notified of termination may process the grievance commencing at the Third Step. Second Step: If the grievance is not satisfactorily resolved at the First Step, it may be submitted by the grievant to the City Administrator within five (5) days after having received the answer in the First Step. After receipt of the written grievance by the City Administrator, he/she or the designated representative of the City Administrator will meet with the grievant in an effort to resolve the issue(s) raised by the grievance. Within ten (10) days after the meeting, the City Administrator shall respond to the grievance in writing. The City Administrator shall also determine if the grievance is timely, if the subject matter of the grievance is within the scope of this policy and otherwise properly processed as required by this policy. If the City Administrator is aware of other similar pending grievances, the City Administrator may consolidate those matters and process them as one grievance. Third Step: Upon the written request of the grievant in response to an adverse decision, the decision at the Second Step may be appealed by a written statement forwarded to the City Administrator particularly describing the reason for appeal. If the decision at the Second Step is based in whole or in part on the basis of timeliness, scope of the grievance process or other failure of the grievant to properly follow the process the matter shall be referred to the Common Council (or highest level governing body having exclusive jurisdication over the matter) who shall determine whether the matter should be processed further. If the Second Step decision is on the merits of the grievance only the grievance will be referred to an Impartial Hearing Officer (IHO). The IHO will be designated by the City Administrator. Any costs incurred by the (IHO) will be paid by the City. The IHO will convene a hearing in the manner the IHO determines necessary. The IHO shall have the authority to administer oaths, issue subpoenas at the request of the parties, and decide if a transcript is necessary. The IHO may require the parties to submit grievance documents and witness lists in advance of the hearing to expedite the hearing. The burden of proof shall be “a preponderance of the evidence”. In termination and discipline cases, the City shall have the burden. In workplace safety cases, the employee shall have the burden. The IHO may apply relaxed standards for the admission of evidence, including allowing the admission of hearsay. The IHO may request oral or written arguments and replies. The IHO shall provide the parties a written decision. The IHO may only consider the matter presented in the initial grievance filed by the employee. The IHO shall have no power to add to, subtract from or modify the terms of the employment policy or rule that forms the basis for the grievance. Fourth Step: Either party may appeal an adverse determination at step three to the Common Council (or highest level governing body having exclusive jurisdication over the matter), by filing written notice appealing the decision of the IHO in the City Administrator’s Office within ten (10) days of the decision of the IHO. The Common Council (or highest level governing body having exclusive jurisdication over 29 the matter) shall within thirty (30) days after submission of the appeal schedule the review of the IHO's decision. The review will be conducted by the Council (or highest level governing body having exclusive jurisdication over the matter) during a closed session meeting unless an open session is requested by the employee. The Council (or highest level governing body having exclusive jurisdication over the matter) may make its decision based on the written decision of the IHO or the Council (or highest level governing body having exclusive jurisdication over the matter) may examine any records, evidence and testimonyproduced at the hearing before the IHO. A simple majority vote of the membership of the Council (or highest level governing body having exclusive jurisdication over the matter) shall decide the appeal within twenty (20) days following the last session scheduled for review. The Council (or highest level governing body having exclusive jurisdication over the matter) will issue a final written decision which shall be binding on all parties. TIMELINES: Failure to process a grievance by the grievant within the time limit, or agreed upon extensions, shall constitute waiver of the grievance and will be considered resolved on the basis of the City's last answer. Failure of a management representative to meet the time limits shall cause the grievance to move automatically to the next step in the procedure. To encourage that grievances are addressed in a prompt manner the time limits set by this policy are intended to be strictly observed and may not be extended except in extreme circumstances and then only upon the express written consent of the parties. EXCLUSIVE REMEDY: This procedure constitutes the exclusive process for the redress of any employee grievances as defined herein. However, nothing in this grievance procedure shall prevent any employee from addressing concerns regarding matters not subject to the grievance procedure with administration and employees are encouraged to do so. Matters not subject to the grievance procedure that are raised by employees shall be considered by administration which has final authority, subject to any applicable Common Council policy or directive, to resolve the matter. Grievance Policy B: Issues Other Than Employee Discipline, Termination of Employment, Workplace Safety DEFINITIONS: 1. A grievance as used in this Grievance Policy B shall mean a dispute regarding the application of City policies regarding issues other than issues covered by Grievance Policy A. No grievance shall be processed under this Grievance Policy B unless it is in writing and contains all of the following: A. the name and position of the grievant; B. a clear and concise statement of the grievance; C. the issue involved; D. the relief sought; E. the date the incident or alleged violation took place; F. the specific section of the Employee Handbook or City policy alleged to have been violated; and G. the signature of the grievant and the date. 2. The term "days" means regular business days, Monday through Friday, other than weekends and holidays regardless of whether the employee or his or her classification is scheduled to work. The time within which an act is to be done under this policy shall be computed by excluding the first day and including the last day. 3. A "grievant" is an employee of the City filing a grievance under this Grievance Policy B. At the grievant’s cost and request they may be represented by person of their choice. 30 PROCEDURES: First Step: Within ten (10) days after the facts upon which the grievance is based or should have reasonably become known the employee shall present the written grievance to his/her immediate supervisor. The immediate supervisor shall give a written answer within ten (10) days of receipt of the grievance, with a copy to the City Administrator. Second Step: If the grievance is not satisfactorily resolved at the First Step, it may be submitted by the grievant to the City Administrator within five (5) days after having received the answer in the First Step. After receipt of the written grievance by the City Administrator, he/she or the designated representative of the City Administrator will meet with the grievant in an effort to resolve the issue(s) raised by the grievance. Within ten (10) days after the meeting, the City Administrator shall respond to the grievance in writing. The City Administrator shall also determine if the grievance is timely, if the subject matter of the grievance is within the scope of this policy and otherwise properly processed as required by this policy. If the City Administrator is aware of other similar pending grievances, the City Administrator may consolidate those matters and process them as one grievance. Third Step: Upon the written request of the grievant in response to an adverse decision, the decision at the Second Step may be appealed by a written statement forwarded to the City Administrator particularly describing the reason for appeal. The City Administrator shall then forward the grievance to the Common Council (or highest level governing body having exclusive jurisdication over the matter). The Common Council (or highest level governing body having exclusive jurisdication over the matter) shall within thirty (30) days after submission of the appeal schedule the review of the City Administrator's decision. The review will be conducted by the Common Council (or highest level governing body having exclusive jurisdication over the matter) during a closed session meeting unless an open session is requested by the employee. The Council (or highest level governing body having exclusive jurisdication over the matter) may make its decision based on the written decision of the City Administrator or the Council (or highest level governing body having exclusive jurisdication over the matter) may examine any records, evidence and testimony produced at a hearing before the Council (or highest level governing body having exclusive jurisdication over the matter), if authorized. .A simple majority vote of the membership of the Council (or highest level governing body having exclusive jurisdication over the matter) shall decide the appeal within twenty (20) days following the last session scheduled for review. The Council (or highest level governing body having exclusive jurisdication over the matter) will issue a final written decision which shall be binding on all parties. TIMELINES: Failure to process a grievance by the grievant within the time limit, or agreed upon extensions, shall constitute waiver of the grievance and will be considered resolved on the basis of the City's last answer. Failure of a management representative to meet the time limits shall cause the grievance to move automatically to the next step in the procedure. To encourage that grievances are addressed in a prompt manner the time limits set by this policy are intended to be strictly observed and may not be extended except in extreme circumstances and then only upon the express written consent of the parties. EXCLUSIVE REMEDY: This procedure constitutes the exclusive process for the redress of any employee grievances as defined herein. However, nothing in this grievance procedure shall prevent any employee from addressing concerns regarding matters not subject to the grievance procedure with administration and employees are encouraged to do so. Matters not subject to the grievance procedure that are raised by employees shall be considered by administration which has final authority, subject to any applicable Common Council policy or directive, to resolve the matter. 31 ETHICAL AND LEGAL BUSINESS PRACTICES The City of Berlin expects the highest standard of ethical conduct and fair dealing from each employee, officer, director, volunteer and all others associated with the City. This policy provides general guidance on the ethical principles that we all must follow, but no guideline can anticipate all situations. Employees should also be guided by basic honesty and good judgment, and be sensitive to others' perceptions and interpretations. If an employee has any questions about this policy, he or she should consult his or her supervisor. Exceptions to this policy may be made only by the Common Councill. Employees are expected to promptly disclose anything that may violate this policy. The City will not tolerate retaliation or retribution against anyone who brings violations to management's attention. COMPLIANCE: Employees who fail to comply with this policy will be disciplined, which may include a demand for reimbursement of any losses or damages, termination of employment and referral for criminal prosecution. Action appropriate to the circumstances will also be taken against supervisors or others who fail to report a violation or withhold relevant information concerning a violation of this policy. COMPLYING WITH LAWS AND REGULATIONS: All City activities are to be conducted in compliance with the letter and spirit of all laws and regulations. Employees are charged with the responsibility of understanding the applicable laws, recognizing potential dangers and knowing when to seek legal advice. CONFLICT OF INTEREST: Employees must avoid any interest, influence or relationship which might conflict or appear to conflict with the best interests of the City of Berlin. Employees must avoid any situation in which his or her loyalty may be divided and promptly disclose any situation where an actual or potential conflict may exist. Examples of potential conflict situations include: Having a financial interest in any business transaction with the City of Berlin, including any stage of negotiation of such a transaction. Owning or having a significant financial interest in, or other relationship with, a City of Berlin vendor or supplier, and Accepting gifts, entertainment or other benefit from a City of Berlin vendor or supplier Anyone with a conflict of interest must disclose it to management and remove themselves from negotiations, deliberations or votes involving the conflict. ACCOUNTING AND FINANCIAL REPORTS: The City of Berlin's financial statements and all books and records on which they are based must accurately reflect the City's transactions. All disbursements and receipts must be properly authorized and recorded. Employees must record and report financial information accurately. Reimbursable business expenses must be reasonable, accurately reported and supported by receipts. Those responsible for handling or disbursing funds must assure that all transactions are executed as authorized and recorded to permit financial statements in accord with Accounting Principles Generally Accepted in the United States of America. EMPLOYEE PRIVACY AND OTHER CONFIDENTIAL INFORMATION: The City of Berlin collects only personal information about employees that relates to their employment. 32 Only people with a business-related need to know are given access to this information, and the City Administrator must authorize any release of the information to others. Personal information, other than that required to verify employment or pursuant to a legitimate investigatory or legal request (including the Wisconsin Open Records Act or The Federal Freedom of Information Act) will be released outside the City only with employee approval. If an employee has access to any confidential information, including private employee information, he or she is responsible for acting with integrity. Unauthorized disclosure or inappropriate use of confidential information will not be tolerated. The City of Berlin adheres to all HIPAA standards for the personal privacy protection of City employees. GIVING AND RECEIVING GIFTS: Except for tokens and items or services of only nominal, insignificant, or trivial value, employees may not give or receive money or any gift to or from a supplier, government official or other organization. Further, employees and "local government officials" must comply with Chapter 2, Article V1 of the Berlin Code of Ordinances, and Sections 19.59, 946.11, 946.12 and 946.13 of the Wisconsin Statutes, as to further ethical standards, which may apply to their position. Employees should consult with the City Administrator and/or City Attorney if he or she has questions in this regard. DRUG & ALCOHOL POLICY: Employees must report to work free of drugs, intoxicants, alcohol, narcotics, or any other controlled substance. Employees may be disciplined, up to and including termination, for possession, consumption, not being free of, or use of any drugs, drug paraphernalia, intoxicants, alcohol, narcotics, or any other controlled substance, on or about the City of Berlin's premises at any time. Because prescription medication can also affect an individual's demeanor and job performance, it is the employee's responsibility to notify his or her immediate supervisor if he or she is taking legal prescription drugs. Such prescription drugs must be given under medical supervision and may not interfere with the performance of job duties. Under certain circumstances, an employee's supervisor, upon approval by the City Administrator, may require an employee to undergo a drug and/or alcohol test when the supervisor or City Administrator has reasonable suspicion that the employee is in violation of this rule. The employee will be referred to a certified testing laboratory for completion of the test. Depending on the seriousness and circumstances of the offense, and at the City Administrator's sole discretion, an employee who tests positive for drugs and/or alcohol may be referred to a counselling, rehabilitation, or employee assistance program, at the employee's expense. Refusal to cooperate in this program may result in discipline, up to and including termination. The City of Berlin may conduct searches for illegal drugs or alcohol on City facilities or worksites without prior notice to employees. Such searches may be conducted at any time. Employees are expected to cooperate fully. Searches of employees and their personal property may be conducted when there is reasonable suspicion to believe that the employee has violated this policy or when circumstances or workplace conditions justify such a search. Personal property may include, but is not limited to, purses, boxes, briefcases, as well as any City of Berlin property that is provided for employees' personal use, such as desks, lockers, 33 and files. Also, employees in certain departments may be required to undergo certain drug and alcohol testing as mandated for purposes of obtaining licensing and certifications, such as for commercial drivers, necessary for the performance of the employee’s duties. DATING IN THE WORKPLACE: Consensual relationships between employees, romantic or sexual, may create an actual or perceived conflict of interest and may give rise to various concerns for the parties involved. Said relationships are, therefore, deemed contrary to the best interests of the City of Berlin (hereinafter referred to as "City"). Accordingly, the City strongly discourages relationships between employees. By its discouragement of relationships between employees, the City does not intend to inhibit social interaction between employees (e.g. lunch, dinner, attendance at entertainment events, etc.) that are and should be an important part of the working environment. It is anticipated that the parties involved in a relationship will appreciate the concerns the City has and will act in a manner consistent with this policy. If a relationship between employees should develop, it shall be the obligation of both parties to promptly disclose the existence of the relationship to his or her Department Head and/or the City Administrator. In the event the relationship involves a supervisor and subordinate, the obligation to report rests with the supervisor. The Department Head and/or City Administrator shall inform those within City Management with a need-to-know of the existence of the relationship. Failure to promptly report a relationship hereunder shall result in discipline, up to and including discharge. Upon being informed or learning of the existence of a relationship the City's Management may take all steps that, in its discretion, it deems appropriate. At a minimum, the employees involved in the relationship will not thereafter be permitted to work together on the same matters (including matters pending at the time disclosure of the relationship is made). Supervisors will not thereafter be permitted to participate in activities or decisions (e.g. hiring, evaluating, promoting, compensating, assigning, disciplining, etc.) that may impact the subordinate with whom the supervisor has or has had such a "relationship." In order for the City to effectively address any potentially adverse consequences relationships may have in the working environment, any employee who believes that he or she has been adversely affected by a relationship, despite it being reported, is encouraged to make his or her views about the matter known to his or her Department Head and/or City Administrator. This policy shall apply without regard to gender and without regard to the sexual orientation of the participants in a relationship. POLITICAL ACTIVITY: The purpose of this policy is to prevent and avoid the appearance of impropriety on the part of any City employee. City employees are neither appointed to, nor retained in, the City's service on the basis of their political affiliations or activities. Officials and employees of the City may attend and express their views at City Council meetings or any other public meeting. Officials and employees of the City may actively participate in partisan and non- partisan political activities provided the political activity in which the employee participates shall only be exercised during off-duty hours and while not in uniform. City employees are not prohibited from supporting candidates for office nor from contributing labor to candidates and organizations that endorse candidates. Employees are not permitted to be candidates for City elective office or to make public 34 endorsements of a candidate for City elective office except as permitted by State or Federal Laws. Any employee desiring to become a candidate for City elective office shall first request a leave of absence or resign, except as otherwise permitted by State or Federal laws. An employee is considered to be a candidate for elective office once all statutory requirements have been met to qualify as a candidate. Political activity must not interfere with job attendance or performance. Employees are not permitted to solicit or handle political contributions in City elections. They are not permitted to wear or display political badges, buttons, or signs on their person or on City property during on-duty hours. No supervisor or other person in authority shall solicit any City employee for contributions of money or labor for any candidate for elective office, or otherwise, compel, or attempt to compel, any employee to support a candidate for elective office or to engage in any political activity. COMPANY EQUIPMENT AND VEHICLES: Employees are instructed to keep their work areas neat and clean and use normal care in handling City property. Employees must report any broken or damaged equipment to his or her supervisor at once so that proper repairs can be made. Employees may not use any City property for personal purposes or remove any City property from the premises without prior written permission from his or her immediate supervisor. Employees must exercise care, perform required maintenance and follow all operating instructions, safety standards and guidelines when using City property. Employees will be liable for damage caused to City equipment if the employee was acting outside the scope of employment or normal employment activities. Employees must notify his or her supervisor if any equipment or machines appear to be damaged, defective or in need of repair. This prompt reporting could prevent the equipment's deterioration and could also help prevent injury to employees. Should an employee have questions about the maintenance and care of any workplace equipment, he or she should ask his or her supervisor. Employees must be 18 years or older to operate City owned vehicles, heavy equipment or power tools. Employees found operating equipment improperly, carelessly, negligently or unsafely, or misusing, destroying or stealing City property or another person's property, may be disciplined, up to and including termination. In addition, such employee may be held financially responsible for any loss to City of Berlin because of such mistreatment. Removal of notice or notices or inventory tags from City property, equipment or bulletin boards without authorization may also result in discipline up to and including termination. ACCESS TO CITY BUILDINGS/OFFICES: The objective of this policy is to provide adequate building security for persons and property through the control of keys and electronic access control cardkeys issued, to assure appropriate access to work areas by employees in municipal buildings, while providing appropriate access to governmental facilities to the general public. The policy assigns responsibility for keys and their use to individual employees and City officials and others using the keys and those allowed to authorize the issuance of keys. For the purposes of this policy, unless otherwise noted, “key(s)” are defined to include manual “hard” keys as well as electronic access control cardkeys. A supervisor or City Administrator may remove key holding privileges from any employee who violates this procedure. Employee Procedure for Issuing and Returning Keys: City keys are issued when an employee begins employment, is promoted or transferred between departments. City keys are returned when 35 an employee terminates employment, retires, resigns, is promoted, or transferred between departments. All keys will be issued from and returned to the City Administrator. The holder of a key to any City facility assumes responsibility for the safekeeping of the key and its use. Building Access: The buildings and facilities of the City of Berlin are available for general use by City employees and the public for governmental purposes. Under normal circumstances, the buildings will be opened (outside doors unlocked) for business, meetings, scheduled activities, etc. as required. After-hours access to the buildings may be gained via the use of a building key or an electronic key card to authorized personnel only. Lost, Stolen, and Broken Keys: The holder of a key to any City facility assumes responsibility for the safekeeping of the key and its use. It is understood that the key will not be loaned, issued to, or made available by any other means to unauthorized persons. Lost keys are to be reported to the Department Head and to the City Administrator immediately. Replacement or duplication of a key will require authorization from the City Administrator. Persons who lose a key may be required to pay for a replacement and/or rekeying costs. HANDLING OF AND RESPONSIBILITY OF CITY CREDIT CARDS: Employees authorized to use any City credit cards are required to sign a credit card policy prior to using the card. Approved uses are outlined in the Purchasing Card Agreement. DRESS CODE POLICY: I. Purpose. City employees present the first impression of the City of Berlin to members of the public, and therefore, must present a professional image at all times. Professional attire complements an environment that reflects an efficient, orderly, professionally-operated organization. The purpose of this policy is to provide guidelines for employees and management as to what does and does not constitute appropriate professional attire. This policy is not an all- inclusive list of what is and is not acceptable and employees must exert judgment in their choice of clothing that is worn to work. This policy is primarily intended for office workers at City Hall and other City office settings. The policy does not apply to employees listed in Section IV below. This policy shall apply when on City business or otherwise representing the City. II. Policy. A. Acceptable Business Casual Attire. A business casual dress code is appropriate for City of Berlin employees Monday through Thursday. 1. Clothing that projects a professional image. All clothing shall be clean and without rips, holes, etc. 2. Slacks, dress pants or pants similar in style to Dockers or other makers of cotton, synthetic, wool or flannel pants. This includes dressy pants that are at least mid-calf in length. 3. Casual dresses, skirts and skorts that are no shorter than two (2) inches above the top of the knee. Skirts that are split at or below the knee. 4. Casual shirts, dress shirts, sleeveless sweaters and shirts, golf-type shirts and turtlenecks. Suit jackets and sport jackets. 5. Walking shoes, tennis shoes, loafers, clogs, boots, flats and dress heels. Open toe shoes (including sandals) will be acceptable for women only. 6. T-shirts are not acceptable on non-casual days. 7. An employee may wear non-blue denim jeans, if approved by the Department Head. 36 B. Acceptable Casual Attire. A casual dress code is appropriate for City of Berlin employees on Fridays. Employees are expected to present a neat appearance and shall not wear items classified as “Unacceptable Attire”, as described in Subsection II.C. below. 1. Jeans must be in good condition (i.e. not ripped or tattered) and must not be acid washed 2. T-shirts and sweatshirts must be in good condition. 3. Any of the above “Acceptable Business Casual Attire” is also appropriate on casual Fridays. C. Unacceptable Attire. The following is not acceptable attire. 1. Clothing that is tight, clothing that is revealing such that either midriff or cleavage is exposed, or clothing that is sheer. 2. Clothing that contains offensive words, cartoons or images, etc. 3. Clothing that contains political statements, slogans or campaign related information. 4. If an employee may influence the determination of a contract with a vendor, the employee shall not wear any type of clothing, footwear, headgear, etc. that contains the name of a company or corporation that the City contracts with or uses as a vendor. 5. Blue denim jeans (with the exception of Fridays), shorts, bib overalls, sweatpants, exercise pants, cargo pants, warm-up suits and any spandex-like material pants that can be used for exercise. 6. Shorts, tight skirts, and mini-skirts. Strapless dresses and spaghetti-strap dresses. 7. Midriff tops, halter tops and tube tops. 8. Shower footwear, beach flip-flops, or slippers. 9. Employees with visible body piercings other than ear will be required to remove the jewelry while at work. 10. Using a reasonable person standard, other attire which may not be considered appropriate for the workplace. III. Compliance Requirements. A. Employees. City of Berlin employees are responsible for complying with the above expectations and guidelines (except those noted in “Section IV” of this policy). Employees should contact his or her supervisor or the City Administrator if he or she has a question as to whether or not a certain item is considered acceptable attire. B. Management. Department Heads and Supervisors are responsible for monitoring compliance to this policy within their department. C. Employee Request for Review. An employee who believes they have been treated unfairly or inappropriately under this policy may ask that the matter be reviewed by the City Administrator. Human Resources will work with the employee and the Department to review the matter in a timely manner. IV. Exceptions. A. Employees working in the field, performing manual duties or at a worksite calling for other attire, jeans or similar attire which is appropriate to the type of work being performed by the employee. This exception must be approved in advance by the Department Head. B. This policy shall not apply to employees who wear uniforms or in situations where the employee’s clothing is addressed through a valid collective bargaining agreement. 37 C. Exceptions to this policy may be made on a case-by-case basis for religious reasons, medical conditions and other applicable circumstances. Requests of this nature must be submitted for review by the Department Head and the City Administrator. V. Off Duty Employees. Employees shall be prohibited from wearing any City uniform or other apparel identifying the person as an employee of the City of Berlin outside of working hours, without express permission from their supervisor. In such instances where express permission is granted, the employee shall be expected to abide by all conduct standards as if the employee was on duty. TATTOOS , BODY ART, AND HAIRSTYLES POLICIES: Purpose. The purpose of this policy is to establish rules and regulations regarding tattoos, body piercing, hair styles and jewelry. It is the policy of the City that all employees maintain the highest standards of professional appearance when interacting with the public and representing the City. Maintaining a professional appearance is critically important to fostering public trust and confidence in city government. I. Definitions. A. Inappropriate Tattoo A tattoo is considered inappropriate if it depicts, describes, or otherwise refers to sexual conduct, acts, or organs. B. Offensive Tattoo -A tattoo is considered offensive if it depicts, describes or refers to intolerance of, or discrimination against any race, color, preference, creed, religion, gender, national origin, or; it is commonly associated with any organization or group which advocates such intolerance or discrimination; or brings discredit upon the City or violates standards of decency or morality. C. Tattoo Includes any tattoo, scar, intentional scarring, branding, mark, mutilation or other permanent or temporary body art or modification deliberately placed on the body for purposes of decoration, ornamentation, or adornment. The term tattoo shall not apply to medical procedures, i.e. cosmetic eyeliner, lipstick, etc. D. Excessive Tattoo - Excessive tattoos are defined as those covering more than 30 percent of an exposed body part. E. Ornamentation Shall include body piercing jewelry, intentional body mutilation or scarring or foreign objects inserted in/under the skin. II. Tattoos A. Employees with tattoos or temporary decals deemed to be inappropriate, offensive, or excessive must be suitably covered while on duty. This can be accomplished by one of following: 1. Wear the appropriate attire that provides majority coverage of tattoo or temporary decal. 2. Cover the existing tattoo with a skin tone patch or make-up. 3. Have the tattoo(s) removed at the employee's expense. 38 B. Tattoos are prohibited in a visible location on the neck, face, head, scalp, below the elbow, or on the hands of employees. C. Inappropriate or excessive tattoo issues will be handled on a case-by-case basis. D. The employee’s department head shall determine if a tattoo is inappropriate or excessive and if the employee will be required to keep it concealed. E. No employee may a have a tattoo, whether covered or not, that is offensive. Any employee discovered to have such a tattoo may be subject to disciplinary action up to and including termination. F. It is recommended that employees planning on receiving a tattoo get prior approval with their department head to assure that the tattoo will meet this policy. III. Body Piercing And Ornamentation Prohibited A. Employees shall not wear any item of ornamentation in their nose, eyebrow, tongue or any other location of their body whether visible or not during duty hours or any duty- related function. There will be the exception of earrings permitted for employees. Employees will be permitted to wear up to three (3) earrings per ear, and not detract from the employee’s professional appearance. B. Employees are prohibited from having any visible foreign objects inserted under the skin, pierced, split or forked tongue, and/or stretched out holes in the ears. C. The use of gold, platinum, or other veneers or caps for the purposes of ornamentation is prohibited. Teeth, whether natural, capped or veneer, will not be ornamented with designs, jewels, initials, etc. D. Contact lenses, if worn on duty, shall be in a natural eye color. Red, orange, silver and other unnaturally colored contact lenses, or colors when worn that create an unnatural eye color, and contact lenses with graphic designs of any kind are prohibited. IV. Hairstyles. At all times while on duty, employees shall be well-groomed and present a neat appearance. All hair styles shall be neatly groomed, the length, bulk and appearance of the hair shall not be ragged, unkempt, or extreme in appearance. Hair style must not preclude the normal wearing of any uniform headgear equipment, if required. 39 COMPUTER AND COMMUNICATION USE POLICY This policy shall apply to all telecommunications and computer systems that run on equipment and peripherals that attach to any computer system for which the City of Berlin is responsible. These systems include, but are not limited to Internet access, e-mail, voice mail, any extensions of those systems, or stand alone computer equipment, which is used to support the operation of the City of Berlin. This includes, but is not limited to printers, desktop computers, notebook computers, laptop computers, monitors, modems, memory cards, video cards, internet cards, 1/0 cards, cables, pc based fax boards, keyboards, disk drives, voice mail, cell phones, smart phones, and other communication systems. All such systems are the property of the City of Berlin and are to be primarily used for City of Berlin purposes. For those employees having access to such systems, highly limited reasonable personal use of City of Berlin telecommunications and computer systems is permitted, however, employees should assume these communications are not private. However, employees are completely prohibited from utilizing or viewing social media sites such as Facebook, MySpace, Twitter, dating sites, or the like, on City telecommunications or computer systems. The ONLY exception to utilizing social media sites on City equipment or on City time is if the site is City sponsored and the activity is part of the employee’s scope of duties. The City of Berlin reserves the right to periodically access, monitor, and disclose the contents of e-mail, voice mail messages, text messages and instant messages. Access or disclosure of individual employee messages may only be done with the approval of the City Administrator. Employees may not use internal communication channels or devices, or access to the Internet at work, to post, store, transmit, download, or distribute any threatening materials; knowingly, recklessly, or maliciously false materials; or obscene materials including anything constituting or encouraging a criminal offense, giving rise to civil liability; transmit files that contain a virus or corrupted data; delete any authority attributions, legal notices or proprietary designations or labels in a file that is transmitted; falsify the source or origin of software or other material contained in a file transmitted; use in a manner that adversely affects the availability of said systems; falsely purport to be a City of Berlin associate or agent, or otherwise violate any laws or regulation. Additionally, these channels of communication may not be used to send chain letters, personal broadcast messages, or copyrighted documents that are not authorized for reproduction; nor are they to be used to conduct an external job search or open misaddressed mail. Employees who abuse the City of Berlin 's telecommunications or computer systems or use them excessively for non-business purposes may lose these privileges and be subject to disciplinary action up to and including termination. Employees are responsible and liable for any damage caused to the City by inappropriate use of communications systems, including but not limited to damages from computer viruses, or claims of third parties against the City. Computer terminal passwords are confidential and must be safeguarded at all times. It is the system user’s responsibility to ensure that passwords are never left unprotected or unsecured. An unprotected password constitutes a security violation. System users are accountable for all processing done under their passwords and/or computer. To ensure the protection of individual passwords, passwords are not to be shared with anyone other than designated management personnel. Remember that the City is subject to the Public Records law and anything that is found on a City owned computer or communication device is subject to public scrutiny. Also, use of private devices for public business may also be subject to public scrutiny under the Public Records laws. 40 TELEPHONE USAGE POLICY: The telephone system (including voice mail) at the City of Berlin is the property of the City of Berlin and is provided for business purposes. The City of Berlin may periodically monitor the usage of the telephone systems to ensure compliance with this policy. Therefore, employees should not consider their conversations on the City of Berlin's telephone system to be private. Occasional use of the City of Berlin telephone system for personal phone calls while on break is permitted for calls of short duration. However, all personal long distance phone calls made on City of Berlin phones must be documented with a time and date and reported to the City Clerk's office. The employee responsible for the phone call will be billed accordingly for the call when the phone bill arrives. SPECIAL CELL PHONE/ELECTRONIC DEVICE USE POLICY: PURPOSE: The City of Berlin is firmly committed to employee safety and will do everything possible to prevent workplace accidents. Crashes attributed to driver distraction are quickly on the rise, in large part because of widespread use of cell phone and other portable electronic devices behind the wheel. Researchers across the country have found that response times and attentiveness while using a mobile device are as low as those of drunk drivers. To protect employees driving on city business as well as others on the road, the City has developed this Special Cell Phone/Electronic Device Use Policy. This Special Policy is in addition to those general policies set forth previously in this Handbook governing use of the City’s telecommunications and computer systems, which include cell phones and electronic devices, and it is not intended to supplant such general policies. SCOPE AND APPLICABILITY: The Special Cell Phone/Electronic Device Use Policy applies to all employees who fit any or all of the following criteria: Driving on City business in any vehicle, personal or otherwise Driving a company car, whether on City business or not Placing work-related calls, whether driving on City business or not Using a City-issued cell phone or other electronic device while driving DEFINITIONS: “Cell phone” (also known as a mobile phone, smart phone, handheld cell or handset) a mobile electronic device that engages in telecommunications including voice calls, text messaging/short message service (SMS) and/or e-mail. Cell phones also may include features like complete Internet access, games, multimedia messaging service (MMS), instant messaging (IM) service, digital audio (MPS) players, cameras, radios and global positioning systems (GPS). Any device that engages these functions is included in this policy. “Electronic device” in this policy, electronic device means any portable apparatus that involves user interaction. This includes, but is not limited to, laptops, GPS systems, MP3 players, cameras, pagers and personal digital assistants (PDAs). “Headset” (also known as hands-free) an extension of the cell phone either connected to the handset via cord or wirelessly through Bluetooth technology that allows the user to engage in voice communication without holding onto the cell phone itself. PROCEDURES: The following procedures apply to all employees falling under the conditions outlined above in SCOPE AND APPLICABILITY. State Laws: The City is not responsible for any traffic violations or parking tickets acquired by violation of city ordinance, state or federal laws regarding an employee’s driving habits and operation of an employee’s motor vehicle. Any ticket issued is the employee’s responsibility, even if the ticket is issued 41 while conducting City business. Note that cell phone driving laws vary greatly by state, and it is he employee’s responsibility to be familiar with and abide by such laws. This is especially important for employees who travel on City business. Some states have laws banning all drivers from talking on handsets but permit the use of headsets. Others have laws prohibiting text messaging (sending, receiving and reading) while behind the wheel. All employees must comply with this Special Cell Phone/Electronic Device Use Policy on top of abiding by any state or local regulations addressing the same matters. General Policies Use of cell phones while driving is strictly prohibited this includes all functions of the cell phone including, but not limited to, phone calls, text messaging/SMS, e-mail, MMS, Internet use, camera use, etc. Use of electronic devices including laptops, PDAs, cameras and pagers while driving is strictly prohibited unless specifically outlined below. Voicemail must handle all calls while driving, and calls may only be returned when stopped or pulled off the road. Passengers making or taking calls for the driver is permissible provided the interaction does not affect the driver’s performance. Regular callers must be informed that the employee will not be available while driving and should be notified of the best times to call based on driving schedule. Employees who receive calls from co-workers who are driving are obligated to ask that the co- worker call back at a more appropriate time. Use of cell phones or electronic devices for personal use during work time, whether while driving or not, is prohibited entirely. Headset/Hands-Free Use: The use of headsets or hands-free devices while driving is permissible only if all of the following apply: The device is pre-approved by the City Administrator for use. Use of the device does not cause distraction (i.e., fiddling with the device or taking eyes off the road to get it to function properly) Any dialing or use of the handset is handled while stopped or pulled to the side of the road. Conversations do not interfere with the driver’s ability to drive safely. Road conditions are generally good and do not threaten the employee’s safety. Emergency Calls: The only exception to the cell phone use policy is calls placed to 911. If placing or accepting an emergency call, the employee should keep it short and use a hands-free option if available. When receiving an emergency call, the employee should ask the caller to briefly hold until he or she can safely pull the vehicle off the road. GPS Systems: The City of Berlin understands that sometimes, especially when travelling in unfamiliar areas, drivers require assistance with directions. GPS systems are extremely helpful devices, but they can also be distracting if used improperly. Employees must adhere to the following: Mounted GPS systems may not block or obstruct the driver’s view in any way. GPS systems must be voice narrated and must not require that the driver look away from the road to follow instructions. Employees may not program the system while in motion. Programming or otherwise engaging 42 with the GPS screen may only occur while stopped or while pulled off the road. MP3 and Other Audio Devices: In some cases, worrying about music selection or touching dials and buttons on the radio, MP3 player or other audio device may be just as dangerous as cell phone use. It takes eyes and concentration off the road, which is not permissible under this policy. The City of Berlin does not allow employees use of personal, portable audio devices. However, while the City does not want to eliminate the employee’s ability to enjoy music while behind the wheel, they must follow these guidelines: Employees may not take eyes off the road to adjust music settings. Programming music settings while stopped, pulled off the road or before departing is permissible behavior. Employees may not under any circumstances use MP3 players or other handheld electronic audio devices with headphones – not only is illegal in most states, it also impedes the driver’s ability to property hear warning sign, signals or sirens. PERSONAL MAIL: All mail delivered to the City of Berlin is presumed to be related to City of Berlin business. The office personnel may open mail sent to employees at the City of Berlin before being routed to the employee’s department. If an employee does not wish to have his or her correspondence handled in this manner, he or she should have it delivered to his or her home. Consistent use of having personal mail routed to the City of Berlin or using the City of Berlin's address as permanent address is not acceptable. E-MAIL USAGE: Many employees are authorized to utilize the City of Berlin's e-mail and are given personal e-mail accounts. Although e-mail is an important communication for our everyday business, it is also a privilege. No profanity or inappropriate materials may be e-mailed from or to another City of Berlin e-mail account. E-mail accounts may be accessed and monitored at any time without the employee's knowledge. It is acceptable for an employee to use his or her personal City of Berlin e-mail account for a reasonable highly limited amount of personal access. However, excessive personal use and the transferring of any inappropriate materials via e-mail will not be tolerated and will be subject to discipline and/or termination. Use of City of Berlin e-mail account for personal use should be limited only to his or her personal time, such as on rest periods, lunch periods or after hours, and is not permissible while on duty. INTERNET USAGE: Many employees have computer Internet access in their course of business with the City. Internet usage is restricted to business use during business hours. Personal Internet usage is acceptable during an employee's personal time, such as on rest periods, lunch periods or after hours. SOFTWARE POLICY: The City of Berlin regulates employees' use of its computer software. Employees may not duplicate any licensed software or related documentation for use, either on City premises or elsewhere, unless expressly authorized to do so by written agreement with the licenser. Employees may not provide licensed software to anyone outside the City. Employees should be aware that the illegal duplication of software may result in the filing of criminal copyright charges by the owners of the copyrights and can subject both the employee and the City to liability. All software that the City of Berlin acquires must be registered and properly inventoried. Employees may 43 not load personal software that is not related to City business on any City computer without prior authorization from the City Administrator. 44 SAFETY & EMERGENCY SAFETY: The City of Berlin is committed to maintaining a safe and healthy environment for all employees. Employees should report all accidents, injuries, potential safety hazards, safety suggestions and health and safety related issues immediately to his or her supervisor. If an employee is injured, a supervisor should be contacted immediately. Employees should seek help from outside emergency response agencies, if needed. Contact information is posted in the City Clerk's office. Employees must complete an Employee's Claim for Worker's Compensation Benefits Form if he or she has an injury that requires medical attention. If an employee’s injury does not require medical attention, he or she must still complete a Supervisor and Employee Report of Accident Form in case medical treatment is later needed and to ensure that any existing safety hazards are corrected. Employees can obtain the required forms from the City Clerk's office. A federal law, the Occupational Safety and Health Act, requires that the City keep records of all illnesses and accidents that occur on the job. OSHA also provides for right to know about any health hazards, which might be present on the job. In addition, the state Workers' Compensation Act also requires that employees report any illness or injury caused by the workplace, no matter how slight. If an employee does not report an injury, he or she may jeopardize his or her right to collect workers' compensation payments as well as health benefits. Employees can get the required reporting paperwork from the City Clerk's office. FIRE SAFETY: Every employee is responsible for recognizing potential fire dangers and taking an active role in preventing fires. Employees are required to observe all OSHA safety requirements and regulations. Flammable materials are to be stored in covered metal containers. Employees should not block any fire doors, fire exits, fire extinguishers, windows or doorways. Review the fire escape routes posted in each work area. EMERGENCY MEASURES: We realize that bad weather or hazardous commuting conditions may occasionally make it impossible for employees to report to work on time. However, employees are expected to make a diligent effort to report to work when conditions have improved. If an employee determines that he or she is unable to report to work because of the conditions, he or she must inform his or her supervisor as soon as possible. His or her absence will be charged to personal leave or vacation time, if available. If it becomes necessary to shut down the office due to weather or other emergency, every effort will be made to notify employees. If there is a question as to whether the office will be open, employees are instructed to call his or her place of work. If there is no answer within one hour after the normal start time, assume the office is closed. 45 ACKNOWLEDGEMENT I acknowledge that I have received the City of Berlin Employee Handbook and that I have read and understand the policies. I understand that this Handbook represents only current policies and benefits, and that it does not create a contract of employment. City of Berlin retains the right to change these policies and benefits, as it deems advisable. Unless expressly proscribed by statute or contract, my employment is "at will." I understand that I have the right to terminate my employment at any time, with or without cause or notice, and that the City has the same right. I further understand that my status as an "at will" employee may not be changed except by Common Council approval. I understand that I must comply with all of the provisions of the Handbook to have access to and use City resources. I also understand that if I do not comply with all provisions of the Handbook, my access to City resources may be revoked, and I may be subject to disciplinary action up to and including discharge. I further understand that I am obligated to familiarize myself with the City's safety, health, and emergency procedures as outlined in this Handbook or in other documents. Signature Date Please Print Your Name TO: Mayor and Common Council From: Zoning Administrator - Timothy Ludolph RE: Rezoning Request from A-1 Agricultural District to R-1 Residential District from Jeff Lind 381 NW Cumberland Street. DATE: July 14th 2026 Introduction: Jeff Lind, the property owner of 381 NW Cumberland St, filed a Request for Map Amendment (Rezoning) Application on May 22nd 2026 after consulting with Staff about the Zoning Regulations pertaining to the existing Zoning (A-1). The alternative coming from that discussion demonstrated the Comprehensive Plan, Land Use Maps, and context of adjacent Zoning Districts makes R-1 Residential an appropriate option for rezoning. Drafted Minutes- Public Hearing 6-30-2026: The next item was the Public Hearing of the proposal to Rezone 381 NW Cumberland Street from A-1 to R-1. Burgess opened the Public Hearing at 6:15 PM and asked for anyone to speak in favor of the rezoning request three times. Burgess asked for anyone to speak against the rezoning request three times. Burgess Closed the Public Hearing at 6:16 PM. Reeves presented a motion to recommend the Berlin Common Council approve the Rezoning request from (A-1 Agricultural District) to R-1 (Residential District) for 381 NW Cumberland St. #206-01666-0200. Przybyl seconded the motion, which was carried by voice vote (5-0). ORDINANCE # 07-26 ___________________________________________________________________________ AN ORDINANCE REZONING A PARCEL OF LAND FROM A-1 (AGRICULTURAL) TO R-1 (RESIDENTIAL) CITY OF BERLIN ______________________________________________________________________________ WHEREAS, a Petition has been duly filed with the City of Berlin requesting that the real estate described below be rezoned from A -1 (Agricultural) to R-1 (Residential); and WHEREAS, the Plan Commission met and has considered the petition on May 26 th 2026; and WHEREAS, the Plan Commission also held a public hearing on June 30 th 2026 and has complied with Section 82-66 of the Municipal Code of the City of Berlin; and has on a motion, duly made seconded and adopted, affirmatively recommended the zoning change and referred the matter to the Common Council of the City of Berlin for adoption of the zoning change NOW, THEREFORE the Common Council of the City of Berlin do ordain that the following described real estate owned by Jeffrey R Lind with a description as follows: 381 NW Cumberland Street COM 516' W OF THE SE COR OF SEC 4: RUN N 200'; W 100'; S 200'; E 100' TO BEG Parcel #206- 01666-0200 City of Berlin, Green Lake County, is hereby rezoned from A-1 (Agricultural) to R-1 (Residential); in accordance with the Municipal Code of the City of Berlin, and the zoning map shall be modified accordingly. This ordinance shall take effect the day after publication. PASSED, APPROVED, AND ADOPTED THIS 14 th DAY OF JULY 2026. _____ AYES ________________________________ CATRINA BURGESS, MAYOR _____ NAYS _____ ABSENT ATTEST: ________________________________ JESSI BALCOM, CITY CLERK APPROVED AS TO FORM: ____________________________________ ERIC LARSON, CITY ATTORNEY CITY OF BERLIN COMMON COUNCIL MEEETING STAFF REPORT TO: Common Council FROM: Jessi Balcom, City Administrator AGENDA ITEM: Discontinue the observance of No Mow May MEETING DATE: July 14, 2026 BACKGROUND In May of 2025 the Council voted to suspend enforcement of Ordinance 78-4 from May 1 to May 30 annually, to allow resident participation in No Mow May. This annual Ordinance suspension will be in place until or unless superseded by a new motion approved by Council. For the past few years the City has allowed residents to participate in No Mow May by not enforcing the ordinance that requires lawns to be maintained at a grass height not to exceed 8 inches until June 1. The Committee of the Whole recommended the discontinuance of No Mow May and the reinstatement of the ordinance year-round. This is a consent agenda item. The Committee of the Whole recommended to discontinue the suspension of enforcement of Ordinance 78-4 from May 1 to May 30 annually. The ordinance is to be enforced year-round. CITY OF BERLIN COMMON COUNCIL MEEETING STAFF REPORT TO: Common Council FROM: Jessi Balcom, City Administrator AGENDA ITEM: 2025 Audit Presentation and Acceptance MEETING DATE: July 14, 2026 BACKGROUND The City has a contract with KerberRose Certified Public Accountants to complete the City’s annual audit for the years 2025-2029. This is the first year the City has worked with Kerber Rose. HawkinsAsh CPA provided this service to the City for several years prior. It was determined to be a good practice to go out to bid every 5 years or so to ensure the City is receiving the best proposed service and KerberRose’s proposal was selected in November of 2025. David Minch, CPA will present the Annual Financial Report for 2025. SUGGESTED MOTION Motion to approve the 2025 Audit of the City’s finances. CITY OF BERLIN COMMON COUNCIL MEEETING STAFF REPORT TO: Common Council FROM: Brittani Majeskie, Deputy Clerk-Treasurer AGENDA ITEM: Cigarette, Tobacco, and Electronic Vaping Device Retail License Application MEETING DATE: July 14, 2026 BACKGROUND On 6/15/26, staff received a Cigarette, Tobacco, and Electronic Vaping Device Retail License Application for Wal-Mart Stores East, LP DBA Walmart #1727. The business members/partners and agent in this application are the same as those in the recently approved alcohol beverage application. The submitted application states, “The store is no longer actively selling tobacco products, but is renewing this license in the event it elects to continue sales in the future.” A tobacco license was granted last year and staff is not aware of the reason(s) why Walmart stopped selling tobacco products between then and now. Staff contacted the Department of Revenue Tobacco Enforcement Agent and was advised it is okay to grant and issue a license if a business is not actively selling. This application was approved by the police department. Additional inspections by the health department, fire department and building inspectors were not required. Notice in the Berlin Journal was published on July 9, 2026 as follows: NOTICE OF CIGARETTE, TOBACCO, AND ELECTRONIC VAPING DEVICE RETAIL LICENSE APPLICATION Wal-Mart Stores East, LP DBA Walmart #1727, located at 861 County Rd. F (premises to be licensed includes retail store), has applied for Cigarette, Tobacco, and Electronic Vaping Device Retail license for the period July 1, 2026 - June 30, 2027. Action on the application will be taken by the Common Council at its meeting on July 14, 2026 at 7:00 PM at Berlin City Hall located at 108 N. Capron St. Dated June 26, 2026. Jessi Balcom, City Administrator/Clerk/Treasurer SUGGESTED MOTION Motion to grant the Cigarette, Tobacco, and Electronic Vaping Device Retail License Application for Wal- Mart Stores East, LP DBA Walmart #1727. DATE: 7/8/2026 TO: Mayor and City Council Members FROM: Scott Zabel RE: KINDOM OF WONDERS CIRCUS BACKGROUND: Kingdom of Wonders Circus is offering a free circus event to the community of Berlin on July 21st – 23rd. They would set up on July 20th, and the shows would be at 6:00 pm on July 21-23. At the conclusion of the last show on July 23rd they would pack up and move on to the next location on their schedule. The circus entertainment would include a renaissance themed theatrical circus featuring acrobatics, juggling, comedy and a narrative adventure without animals or traditional clowns. The shows last approximately 100 minutes including a 15 minute intermission and is designed to captivate both children and adults. All performances are free to attend with funding supported through donations, concessions and merchandise sales. I have included a map to show the anticipated circus location in Riverside Park. RECOMMENDATION: Discussion and action as appropriate. Additional Information from Susan Kiener, Senior Center and Parks Facilities Director RE: KINDOM OF WONDERS CIRCUS All parks facilities reservations have been checked and there is nothing at the shelter houses until the Bugle Mouth Bass Tournament which is the following Saturday 7/25. The only ball diamond reserved is South on Wednesday 7/22 which is on the opposite end of Riverside Park. However, the campground is full on Wednesday 7/22 and Thursday 7/23 which is right next to the proposed area. CITY OF BERLIN COMMON COUNCIL MEEETING STAFF REPORT TO: Common Council FROM: Jessi Balcom, City Administrator AGENDA ITEM: Proposal for Real Estate Services for WIS 91, WIS 49 South to Berlin (Project I.D. 6540-01-03) MEETING DATE: July 14, 2026 BACKGROUND The draft agreement presented at the Committee of the Whole meeting has been sent to the City Attorney for review. The document will be available at the Council meeting. SUGGESTED MOTION Motion to approve the agreement with Corre Inc, at a cost not to exceed $63,900 plus $4300 per parcel for parcels requiring appraisal and appraisal review for real estate acquisition services for the WIS 91, WIS 49 South to Berlin, Green Lake County road project, terms as set out in the Proposal submitted by Corre Inc on May 28, 2026. This approval is contingent upon the approval of the contractor and agreement by the Wisconsin Department of Transportation. City of Berlin May 29 , 2026 STH 91, E HURON STREET CITY OF BERLIN, GREEN LAKE COUNTY ID 6540-01-03 PROPOSAL FOR PROFESSIONAL REAL ESTATE SERVICES Submitted by: CORRE, Inc. 1802 Warden Street Eau Claire, WI 54703 608.828.1011 P correinc.com Submitted to: Jessi Balcom, City Administrator City of Berlin 108 N Capron St Berlin, WI 54923 May 29, 2026 City of Berlin Attn: Jessi Balcom, City Administrator 108 N Capron St Berlin, WI 54923 Proposal for Professional Real Estate Services STH 91, E Huron St City of Berlin, Green Lake County ID 6540-01-03 Dear Ms. Balcom and Selection Committee: CORRE, a full-service transportation engineering firm offering an unmatched combination of specialty services, is pleased to submit this response to the City's Local Public Agency (LPA) Request for Proposal for Professional Real Estate Services associated with acquisition for the STH 91 project in Green Lake County. CORRE is licensed to provide engineering services in the State of Wisconsin and is known throughout the state for providing turn key real estate services. There are several key elements that separate us from the other qualified real estate firms for this project: 9 We are a full-service firm with real estate and engineering experts serving the entire State of Wisconsin. 9 Our team includes appraisers well-versed and experienced in sales studies, project data books, and eminent domain appraisals. 9 Our team includes real estate specialists well-versed and experienced in eminent domain and property owner negotiations for right of way acquisition, including Fee, PLE, TLE, highway easements, and utility release of rights. 9 Our key staff are all WisDOT-approved LPA certified, which assures a smooth and timely project delivery. 9 Our full-service team also offers in-house survey and plat preparation services. 9 Our proposed team is located in our Madison, Eau Claire, and Wausau offices and our ability to work seamlessly between locations enables us to handle any unforeseen project hurdles efficiently. 9 Our employees’ cumulative years of experience assure the success of every project no matter how large or small. Thank you for inviting us to participate in this RFP. We look forward to the opportunity to work with you on this important project! Sincerely, CORRE, Inc. Heather Dresel Director of Real Estate Services 715.900.2965 hdresel@correinc.com MADISON | EAU CLAIRE | WAUKESHA | APPLETON | TOMAH | WAUSAUCORREINC.COM CORRE, Inc. | Proposal for Professional Real Estate Services | STH 91 (E Huron Street) | ID 6540-01-03 | City of Berlin, WI | 2 3 | CAPACITY & AVAILABILITY 1 | COMPANY OVERVIEW 4 | EXPERIENCE & REFERENCES 5 | APPROACH & SCHEDULE 6 | COST FORM 2 | KEY STAFF QUALIFICATIONS Blatnik Bridge Real Estate Services, Douglas County Our Real Estate Professionals CORRE routinely assists local, county, and state agencies in meeting the real estate needs associated with their transportation improvement projects. Our staff offers a turnkey real estate solution, including project management, valuation, acquisition, documentation, and coordination. CORRE is qualified to provide these services seamlessly through our experienced in-house team. We have delivered projects throughout the state and offer expertise in the following: Large-firm capabilities with small-firm attitude. • Sales Studies and Market Studies • Nominal, Standard Abbreviated, and Before & After Appraisals • Acquisition/negotiation services for state, federal, and locally funded projects • Relocation services for state, federal, and locally funded projects • State, federal, and local real estate guidelines • WisDOT LPA Real Estate Program Manual • WisDOT LPA real estate procedures and approvals • Local government approvals • Agency coordination 115+ P R OF E SSIONA L S P R OF E SSIONA L S 6 OFFICES 2005 f��n�e� 1 | COMPANY OVERVIEW Organization Capabilities CORRE is a full-service engineering firm offering an unmatched combination of specialty services. Since beginning operations in 2005, we have grown rapidly and attracted industry-recognized professionals, including professional engineers and environmental and real estate specialists. Our real estate team includes three LPA certified general appraisers, two appraisers-in-training, three LPA certified real estate specialists, and three support staff members. By having the ability to complete a wide variety of services in-house, we are able to provide a cost-effective, high-quality real estate services. • Transportation Engineering • Structural Engineering • Construction Engineering • Environmental Services • Cultural Resources • Utility Coordination • Real Estate Services • Right of Way Plats • Survey • Public Outreach • Grant Administration • Bi-annual Bridge Inspections Our Locations & Services Your project will be serviced by our Eau Claire and Wausau offices. Our professionals routinely work seamlessly between all six offices to provide the following professional services: CORRE, Inc. | Proposal for Professional Real Estate Services | STH 91 (E Huron Street) | ID 6540-01-03 | City of Berlin, WI | 3 3 | CAPACITY & AVAILABILITY 1 | COMPANY OVERVIEW 4 | EXPERIENCE & REFERENCES 5 | APPROACH & SCHEDULE 6 | COST FORM 2 | KEY STAFF QUALIFICATIONS CORRE has assembled a comprehensive team of highly qualified and readily-available real estate professionals skilled in transportation engineering projects and tailored to your project. A detailed resume follows for our proposed Project Manager. 2 | KEY STAFF QUALIFICATIONS Ms. Dresel will serve as the Real Estate Project Manager. Ms. Dresel joined CORRE’s real estate team with extensive experience from her tenure at WisDOT, where she served in multiple roles including Real Estate Specialist, Lead Worker, and Transportation Specialist Supervisor. She brings a comprehensive skill set in real estate practices related to eminent domain, with expertise in project management, staff and team development, acquisition and negotiation, appraisal review, easement valuation, land titles, surplus land disposition, and utility coordination. Heather is also highly effective in property owner communication and has received training in tribal coordination, adding an important dimension to her capabilities. She actively contributed to several WisDOT user groups, including the Litigation User Group and the Utility Coordination Technical Committee, where she helped shape policy and share best practices. Heather Dresel | Project Manager Years of Experience: 16 Areas of Expertise Eminent domain Public relations Real estate property management Real estate project management Right of way acquisition WisDOT processes and procedures Education Coursework: Aviation Professional Licenses/Certifications WisDOT LPA Approved RE Specialist WisDOT LPA Approved Relocation Agent WI Notary Public Ms. Beer-Pemberton will provide acquisition/negotiation services. Megan offers extensive experience in acquisition, relocation, and property management. She is well-versed in State Statute Chapter 32, Wisconsin Department of Administration Chapter 92, and the Federal Uniform Act requirements. Megan is fluent in the negotiation and acquisition of property required for highway projects. She has served as a project manager and lead acquisition agent for WisDOT, LPA, and local projects throughout Wisconsin assisting clients in property owner negotiations for their roadway corridors. In addition, Megan has been involved with relocation activities on residential and business properties for WisDOT and local projects throughout the state.  In addition, Megan was an in-house property management specialist for WisDOT's NW Region responsible for routing excess land requests and managing lease agreements. She also offers experience as an in-house real estate specialist for the NW Region where she was responsible for reviewing title work, auditing real estate project files, managing data in READS, and assisting in the acquisition of parcels as needed. Megan Beer-Pemberton | Acquisition Agent Years of Experience: 16 Areas of Expertise Property management Project management WisDOT processes and procedures Eminent domain Real estate acquisition Real estate relocation Utility coordination Education MA: Public History BA: History and Secondary Education Professional Licenses/Certifications WisDOT LPA Approved RE Specialist WisDOT LPA Approved Relocation Agent WI Notary Public Ms. Swanson will provide acquisition/negotiation services. Cheri brings extensive experience in real estate acquisitions and negotiations for transportation projects with Local Sponsors and WisDOT. She has successfully managed multiple projects at CORRE and is recognized as a skilled negotiator who works effectively with property owners and stakeholders. In addition to her transportation background, Cheri has overseen the real estate components of major utility projects, providing her with a strong foundation in handling complex acquisitions. Cheri Swanson, SR/WA | Acquisition Agent Years of Experience: 16 Areas of Expertise Property management Project management WisDOT processes and procedures Eminent domain Real estate acquisition Real estate relocation Utility coordination Education Coursework: Physical Therapy Professional Licenses/Certifications Senior Right of Way Agent (SR/WA) WisDOT LPA Approved RE Specialist Real Estate Salesperson: WI WI Notary Public CORRE, Inc. | Proposal for Professional Real Estate Services | STH 91 (E Huron Street) | ID 6540-01-03 | City of Berlin, WI | 4 3 | CAPACITY & AVAILABILITY 1 | COMPANY OVERVIEW 4 | EXPERIENCE & REFERENCES 5 | APPROACH & SCHEDULE 6 | COST FORM 2 | KEY STAFF QUALIFICATIONS Ms. Bates offers extensive experience working in customer-centered administrative positions. She is detail oriented and client-focused with expertise in correspondence, database administration, quality assurance, research, and serving as a client-liaison. Her recent work includes real estate services on the $14M project on STH 38 in Milwaukee County. Years of Experience: 4 Areas of Expertise WisDOT processes and procedures Public relations Education Coursework: Fox Valley Technical College Logan Bates | Acquisition Agent Mr. Black will provide acquisition/negotiation services. Marshall's recent experience includes right of way services on a variety of local, County, and WisDOT projects, including the $14M project on STH 38 in Milwaukee County. Prior to joining CORRE, Marshall served in various capacities for both municipal and county governments, including as Compliance Technician for the Barron County Department of Land Services where he performed zoning inspections, reviewed permits, and worked with the zoning administrator to ensure compliance with land use ordinances. Marshall is skilled in public relations and technical report compilation. He also has experience with field documentation, GPS survey, and the Land Survey System. His diverse municipal experience gives him a unique understanding of our client's needs. Years of Experience: 11 Areas of Expertise WisDOT processes and procedures Public relations Zoning codes Education BS: Resource Management AS: Wilderness Management Marshall Black | Acquisition Agent Ms. Helland will serve as an Appraiser providing both appraisal and Sales Study services. Vanessa is a Certified General Appraiser with previous experience providing appraisal services at a private firm valuing commercial, industrial, and multi-family properties. Her experience includes both appraisal and mass appraisal and she is able to work on multiple projects and project types simultaneously while still meeting deadlines. Vanessa also spent three years serving as an Assessor for the City of Eau Claire where she served as the main contact for all commercial property inquiries, managed the personal property division, verified sales, represented the Assessor’s Office at the Board of Review, and provided interior and exterior inspections. Years of Experience: 12 Areas of Expertise Appraisal Public record research Eminent Domain Sales Studies Building & zoning codes WisDOT processes & procedures Education BA: Geography Coursework: Appraisal Institute Professional Licenses/Certifications Certified General Appraiser (CGA): WI  WisDOT LPA Approved Appraiser WisDOT LPA Approved Review Appraiser Assessor II: WI Vanessa Helland, CGA | Appraiser CORRE, Inc. | Proposal for Professional Real Estate Services | STH 91 (E Huron Street) | ID 6540-01-03 | City of Berlin, WI | 5 3 | CAPACITY & AVAILABILITY 1 | COMPANY OVERVIEW 4 | EXPERIENCE & REFERENCES 5 | APPROACH & SCHEDULE 6 | COST FORM 2 | KEY STAFF QUALIFICATIONS Ms. Borges will provide support to our appraisal team. Rebekah is an Appraiser-in-Training at CORRE and is skilled at drafting appraisals and supporting senior appraisers with research, data collection, and valuation analysis. Rebekah’s attention to detail and strong technical foundation allows her to prepare high-quality work that streamlines the appraisal process and ensures consistency with state and federal standards. Years of Experience: 3 Areas of Expertise Real estate appraisal Market research WisDOT processes & procedures Education BS: Education Rebekah Borges | Appraisal Support Mr. Deneen will provide support to our appraisal team. John offer skills in client communication, organization and administration, and training and mentoring. His recent experience includes assisting on a variety of acquisition and appraisal projects for WisDOT and local government. John has also completed a variety of real estate appraisal coursework and has a strong working knowledge of the appraisal process. Prior to joining CORRE he gained experience assessing properties for the City of Eau Claire. Years of Experience: 6 Areas of Expertise Appraisal review Eminent domain appraisal Expert witness testimony Real estate appraisal WisDOT policies and procedures Education MA: Special Education BS: Education Professional Licenses/Certifications Assessor II: WI John Deneen | Appraisal Support Ms. Foulk will serve as an Appraiser providing both appraisal and Sales Study services. She has experience with right of way appraisal services for public projects, including transmission lines, pipelines, and roadway projects. She also has experience with asset management, conservation, trail easements, and floodplain easements. Since joining CORRE, she has worked on numerous projects throughout Wisconsin. Kayla is a member of IRWA Chapter 17 and is an education coordinator on the Education Committee. Years of Experience: 7 Areas of Expertise Real estate appraisal Eminent domain appraisal Sales Studies Market research WisDOT processes and procedures Education BS: Environmental Science Coursework: Appraisal Studies Professional Licenses/Certifications Certified General Appraiser (CGA): WI  WisDOT LPA Approved Appraiser Appraisal Institute Practicing Affiliate Kayla Foulk, CGA | Appraiser Mrs. Pitsch will provide admin support to our real estate team. Alicia offers extensive experience in a wide variety of administrative positions. She is detail oriented and client-focused with skills in correspondence, database administration, claims processing, research, and serving as a client-liaison. She brings experience from accounting, medical, and insurance backgrounds where she handled complex scheduling and worked as a team player in fast- paced environments. Years of Experience: 2 Areas of Expertise File management Education Coursework: Respiratory Therapy Alicia Pitsch | Acquisition Support CORRE, Inc. | Proposal for Professional Real Estate Services | STH 91 (E Huron Street) | ID 6540-01-03 | City of Berlin, WI | 6 3 | CAPACITY & AVAILABILITY 1 | COMPANY OVERVIEW 4 | EXPERIENCE & REFERENCES 5 | APPROACH & SCHEDULE 6 | COST FORM 2 | KEY STAFF QUALIFICATIONS HEATHER DRESEL Project Manager SKILLS PROJECT EXPERIENCE Real Estate Project Management/Supervisor Experience • Blatnik Bridge Real Estate Services, Douglas County ID 1199-00-20 • CTH C & CTH TT Roundabout, Real Estate Services, Sheboygan County • STH 38 & 4 Mile Rd Roundabout, V Caledonia, Racine County, ID 2290-25-20 • CTH V Real Estate, Snowy Owl Court to CTH N, Dane County • STH 38 & 5 Mile Rd Intersection, V Caledonia, Racine County, ID 2290-26-20 • STH 38/Howell Ave, Oakwood Rd to Grange Ave, Milwaukee County, ID 2060-20-00 • STH 76 Real Estate Services, Vg of Greenville, Outagamie County ID 6517-16-21 • CTH M Real Estate Services, Lineville Rd, Belmont Rd to USH 41, Brown County • STH 22 Real Estate Services, C Gillett, Oconto County, ID 9180-35-21 • CTH GV Reconstruction, Brown County • CTH A & J, Real Estate, Racine County, ID 2814-03-70 • CTH F over Big Eau Pleine River Bridge, Marathon County, ID 6669-00-00 • North Interceptor Real Estate Services, MMSD • Various WisDOT Projects Pre-CORRE Experience • Wisconsin Department of Transportation, Division of Transportation Systems Development – NW Region: – Transportation Specialist Supervisor – Advanced Real Estate Specialist – Lead worker – Real Estate Specialist – Real Estate Program Associate – Advanced EDUCATION Coursework: Air Traffic Control, Anoka Ramsey Community College and Anoka Hennepin Technical College PROFESSIONAL LICENSES/ CERTIFICATIONS LPA Approved Acquisition Agent, WisDOT Notary Public: WI PROFESSIONAL AFFILIATIONS IRWA International Right of Way Association, Badger Chapter 17 CONTINUING EDUCATION WisDOT Leadership Development Program, 2018-2019 Principles of Land Acquisition, IRWA Ethics and the Right of Way Profession, IRWA Introduction to the Income Capitalization Approach, IRWA Easement Valuation, IRWA Reviewing Appraisal in Eminent Domain, IRWA The Valuation of Partial Acquisitions, IRWA Land Titles, IRWA Eminent Domain Law Basics for ROW Professionals, IRWA Principles of Real Estate Engineering, IRWA Perceptive Communications Tribal Culture Sensitivity Sales Adjustment Strategies for the Current Market, Appraisal Education Academy • Acquisition/negotiation • Appraisal • Appraisal review • Easement valuation • Land titles • Real estate project management • Staff and team development • Surplus lands • Utility coordination 16 YEARS OF EXPERIENCE CORRE, Inc. | Proposal for Professional Real Estate Services | STH 91 (E Huron Street) | ID 6540-01-03 | City of Berlin, WI | 7 3 | CAPACITY & AVAILABILITY 1 | COMPANY OVERVIEW 4 | EXPERIENCE & REFERENCES 5 | APPROACH & SCHEDULE 6 | COST FORM 2 | KEY STAFF QUALIFICATIONS 3 | CAPACITY & AVAILABILITY CORRE's team of readily-available real estate professionals and support staff will be ready to hit the ground running on your project upon selection. Below is a list of our current commitments and percent availability beginning in June of 2026. Staff Role Current Commitments % Availability Heather Dresel Project Manager • Blatnik Bridge, Douglas County • STH 32, C DePere • CTH W, Ozaukee County • CTH C, Sheboygan County • Project Management, Various Acquisition and Appraisal Contracts 60% 06/2026 and forward Megan Beer-Pemberton Acquisition Agent • Blatnik Bridge, Douglas County • STH 38, Howell Ave, C Milwaukee • CTH E, Sawyer County • Real Estate Acquisition, Various Projects 50% 06/2026 and forward Cheri Swanson, SR/WA Acquisition Agent • CTH MM, Dane County • CTH R, Chippewa County • 5th St Detention Basin, C Sheboygan Falls • STH 60, Ozaukee County 75% 06/2026 and forward Logan Bates Acquisition Agent • STH 38, Howell Ave, C Milwaukee • STH 32, C DePere • W Green Bay St, C Shawano 60% 06/2026 and forward Marshall Black Acquisition Agent • STH 38, Howell Ave, C Milwaukee • N Dousman Trail, V Summit • CTH E, Sawyer County 80% 06/2026 and forward Kayla Foulk Appraiser • N-S Bus Rapid Transit (BRT), C Madison • CTH MM, Dane County • 5th St Detention Basin, C Sheboygan Falls • CTH W, Ozaukee County • CTH KP , Dane County 50% 06/2026 and forward Vanessa Helland, CGA Appraiser • STH 27, Chippewa County • CTH E, Sawyer County • STH 32, City of DePere • N-S Bus Rapid Transit (BRT), C Madison 60% 06/2026 and forward Rebekah Borges Appraisal Support • Appraisal Support Services, Various Projects • 5 Mile Rd/STH 38, V Caledonia • STH 38, Howell Ave, C Milwaukee • Blatnik Bridge, Douglas County 60% 06/2026 and forward Alicia Pitsch Administrative Support • Support Service, Various Projects 80% 06/2026 and forward Key Staff Availability & Current Commitments CORRE, Inc. | Proposal for Professional Real Estate Services | STH 91 (E Huron Street) | ID 6540-01-03 | City of Berlin, WI | 8 3 | CAPACITY & AVAILABILITY 1 | COMPANY OVERVIEW 4 | EXPERIENCE & REFERENCES 5 | APPROACH & SCHEDULE 6 | COST FORM 2 | KEY STAFF QUALIFICATIONS Project Management Appraisals Project Data Book/Sales Study Acquisitions/Negotiations Relocations Property Management Billboards Utility Coordination Access Issues Connecting Highway WisDOT Local Program Railroad Coordination Litigation ATC Transmission Line Easements, Kenosha and Walworth Counties   Belknap/USH 2 Real Estate Services, Douglas County, ID 8680-00-21       Blatnik Bridge Real Estate Services, Douglas County, ID 1199-00-20          Blue Ramp Relocation, City of Appleton, Outagamie County     WisDOT Real Estate Master Contract, WO#2 – College Ave, Outagamie County    CTH A Real Estate Services, STH 76 to STH 47, Outagamie County     CTH B (North) Improvements, I-94 to Packer Drive, Dunn County, ID 1009-48-70      CTH B (South) Improvements, USH 12 to EB I-94 Ramps, Dunn County, ID 7996-00-4      CTH B Real Estate Services, Town of Presque Isle, Vilas County, ID 9494-00-00      CTH C Roundabout, Real Estate Services, Sheboygan County, Locally Funded      CTH C Shared-Use Path Real Estate Services, Kenosha County, ID 3736-06-00  CTH D Real Estate Services, Trempealeau County     CTH E Real Estate Services, St. Croix County, ID 8939-08-06      CTH G Reconstruction, CTH E to Spur Rd, Marinette County, ID 9029-02-71     CTH HH Acquisitions, I-94 to CTH K North, Eau Claire County      CTH H Improvements, CTH HH to CTH M, Dunn County, ID 7880-07-03       CTH I Real Estate Services, Ozaukee County      CTH I Real Estate Services, Waupaca County       CTH KK Acquisitions, CTH HH to CTH V , Eau Claire County      CTH M (Lineville Rd), Brown County, Locally Funded        CTH M (W. North Ave) Real Estate Services, Waukesha County, ID 2759-03-00     CTH M over Milwaukee River Real Estate Services, Washington County   CTH N, CTH T to Brasch Road, Township of Little Wolf, Waupaca County, Locally Funded     CTH T Acquisitions, USH 53 to STH 108, La Crosse County      CTH T over Turton Creek Real Estate Services, Trempealeau County, ID 7178-00-00      E. Division St/STH 91 Real Estate Services, Iowa County, ID 5953-04-20       CTH Q & W Improvements, Dunn County, ID D6561-001    E. 5th St and Washburn Street Real Estate Services, City of Shawano, ID 6997-03-00    Green Bay St/STH 22 Real Estate Services, City of Shawano       Hughes Place Storm Sewer Project Appraisals, Dane County  I-39 Corridor Expansion Real Estate Services, South/Central/North Segments, WisDOT        McKee Rd/CTH PD Appraisals, Dane County, ID 5992-09-30   N. Harrison Hollow Rd Real Estate Services, Vernon County     Public Safety Communications Tower Real Estate Services, Kenosha County     STH 23 Real Estate Services, USH 151 to ECL, Fond du Lac to Plymouth, ID 1440-15-22  STH 38 Curb Ramp Improvements, Howell Ave, Milwaukee County, ID 2060-20-200     STH 38 Roundabout, 4 Mile Rd Intersection, V Caledonia, Racine County, ID 2290-25-20   STH 50, Vg of Pleasant Prairie/C of Kenosha, Kenosha County, ID 1310-10-24   STH 50 Access Roads Appraisals and Acquisition, Kenosha County, ID 1310-10-23     STH 50 Mainline Appraisals, Kenosha County, ID 1310-10-20   STH 76 Real Estate Services, Village of Greenville, Outagamie County ID 6517-16-21      STH 96 (Green Bay Road) Acquisition, Outagamie County, ID 4075-33-00     USH 53/63 Trego Interchange Real Estate Services, Washburn County, ID 1197-00-20    WPS, Chilton to Plymouth Natural Gas Pipeline, Manitowoc/Calumet/Sheboygan Counties   Relevant Project Experience Matrix 4 | EXPERIENCE & REFERENCES Our key staff has extensive experience providing real estate services and managing successful projects similar to yours. The table below shows current and completed projects, noting the similar elements involved. Full profiles follow for the highlighted projects. Blatnik Bridge Replacement Douglas County, ID 1199-00-20 Appraisal, Acquisition, and Property Management Services This high-profile project will replace the Blatnik Bridge, which connects Wisconsin and Minnesota, and involves both complex acquisitions and relocations. CORRE is providing appraisals, acquisition/negotiation, property management, and project management services. CORRE will also work closely with the relocation consultant to assist with four relocations. The project includes eight early acquisitions and approximately 60 additional partial acquisitions. Appraisals include a variety of large manufacturing facilities and commercial properties, as well as some residential properties. Project management includes coordinating with multiple levels and players within WisDOT in addition to consultant relocation staff, appraisers, and owners to ensure the fast-tracked timeline can be met. CLIENT WisDOT NW Region REFERENCE Judy Srp, WisDOT PM judith.srp@dot.wi.gov 715.836.3904 SERVICE DATES 09/2023-12/2029 STAFF MEMBERS AND SERVICES PERFORMED Heather Dresel: Real Estate PM Megan Beer-Pemberton: Real Estate PM/Acquisition Kayla Foulk: Appraisal Vanessa Helland: Appraisal Rebekah Borges: Appraisal Support CTH N Real Estate Services, CTH T to Brasch Rd Town of Little Wolf, Waupaca County, Locally Funded Sales Study, Acquisition, Utility Release of Rights This Waupaca County road improvement project consisted of improving approximately 2.3 miles of CTH N. A full reconstruction and asphalt replacement will begin in 2025, with the final asphalt layer in 2027. KEY CHALLENGES, SOLUTIONS, & SIMILARITIES • Acquisition of 28 parcels with FEE and TLE interests, and three utility release of rights • Initial offers for 28 parcels followed the nominal waiver of appraisal process • Required close coordination with Waupaca County • County Corporate Council is working with a landowner (2 parcels) regarding delinquent real estate taxes and pending foreclosure; all other parcels are acquired CTH N, Waupaca County CLIENT Waupaca County REFERENCE Casey Beyersdorf, Highway Commissioner casey.beyersdorf@co.waupaca.wi.us 715.258.7152 SERVICE DATES 03/2024-07/2025 KEY STAFF Cheri Barna: Acquisition CORRE, Inc. | Proposal for Professional Real Estate Services | STH 91 (E Huron Street) | ID 6540-01-03 | City of Berlin, WI | 9 3 | CAPACITY & AVAILABILITY 1 | COMPANY OVERVIEW 4 | EXPERIENCE & REFERENCES 5 | APPROACH & SCHEDULE 6 | COST FORM 2 | KEY STAFF QUALIFICATIONS STH 38 Curb Ramp Improvements Howell Ave, Milwaukee County, ID 2060-20-20 Appraisal and Acquisition Services CORRE is providing acquisition, negotiation, and valuation services for this WisDOT curb ramp improvement project. As part of the project, CORRE prepared a Sales Study and completed appraisals for 20 of the parcels. The project includes the acquisition of 69 parcels, consisting of both residential and commercial properties. Appraisal services were provided as needed, either due to property owner request or because condemnation was necessary. CLIENT WisDOT SE Region REFERENCE Nicole Mauch, WisDOT PM nicole.mauch@dot.wi.gov 262.521.5295 SERVICE DATES 05/2024-05/2026 STAFF MEMBERS AND SERVICES PERFORMED Heather Dresel: Real Estate PM Logan Bates: Acquisition Agent Marshall Black: Acquisition Agent Kayla Foulk: Appraiser Rebekah Borges: Appraisal Support Reference List As shown above, the CORRE team proposed for your projects has provided similar services for the clients listed below. We encourage you to contact them to hear first- hand about the quality product and services we deliver. WisDOT NW Region Judy Srp, WisDOT PM W7102 Green Valley Rd Spooner, WI 54801 judith.srp@dot.wi.gov 715.836.3904 Waupaca County Casey Beyersdorf, Highway Commissioner 2670 County Road A Waupaca, WI 54981 casey.beyersdorf@co.waupaca.wi.us 715.258.7152 WisDOT SE Region Nicole Mauch, Real Estate Specialist 141 NW Barstow St Waukesha, WI 53188 nicole.mauch@dot.wi.gov 262.521.5295 CORRE, Inc. | Proposal for Professional Real Estate Services | STH 91 (E Huron Street) | ID 6540-01-03 | City of Berlin, WI | 10 3 | CAPACITY & AVAILABILITY 1 | COMPANY OVERVIEW 4 | EXPERIENCE & REFERENCES 5 | APPROACH & SCHEDULE 6 | COST FORM 2 | KEY STAFF QUALIFICATIONS CORRE, Inc. | Proposal for Professional Real Estate Services | STH 91 (E Huron Street) | ID 6540-01-03 | City of Berlin, WI | 11 3 | CAPACITY & AVAILABILITY 1 | COMPANY OVERVIEW 4 | EXPERIENCE & REFERENCES 5 | APPROACH & SCHEDULE 6 | COST FORM 2 | KEY STAFF QUALIFICATIONS The City requires comprehensive real estate services to support acquisition activities for approximately 31 parcels, consisting of Temporary Limited Easements (TLEs). This is a connecting highway project requiring: • Adherence to WisDOT processes and REPM • Coordination with WisDOT, City staff, utilities, and design consultants • Completion in time to meet the May 1, 2028 PS&E date CORRE understands that this is a turnkey contract requiring: • Full project management • Public involvement and property owner coordination • READS compliance and full parcel documentation • Delivery of final ROW certification 5 | APPROACH Project Understanding 1. Project Preparation • Review project plat and verify parcel boundaries • Coordinate with design staff on impacted improvements (signage, landscaping, fencing, etc.) for accurate documentation on the Statement to Construction Engineer • Develop acquisition strategy and schedule to align with project milestones • Coordinate project kickoff meeting 2. Title Review • Review title reports for each parcel • Identify and confirm all parties of interest (owners, mortgage holders, lienholders, tenants, utilities) • Ensure accurate documentation of interests in READS 3. Property Owner Contact • Prepare and mail introduction letters to affected property owners • Explain project scope, anticipated impacts, the acquisition process, and landowner rights in Wisconsin • Maintain a negotiation diary for all contacts with owners 4. Valuation & Offer Preparation • Determine the appropriate valuation method: – Waiver valuation (Nominal Payment Parcel Report) prepared in accordance with the WisDOT Real Estate Program Manual (REPM) requirements and submitted to sponsor for written approval prior to offer. Including compensation for impacted improvements (signage, landscaping, fencing, etc.) – Appraisal • Prepare and submit Sales Study and Nominal Payment Parcel Report and/or Appraisals with Offering Price Reports to the sponsor for approval • Prepare offer packets in compliance with Wisconsin Statutes (Ch. 32) and the WisDOT REPM • Prepare conveyance documents (Warranty Deeds, Easements, Temporary Limited Easements) • Coordinate execution and notarization of documents 5. Negotiation • Present written offer to purchase to property owners in person or via Certified Mail • Explain valuation, answer questions, and negotiate in good faith • Document all communications and owner responses in READS 6. Utility Coordination • Identify affected utilities and obtain necessary releases of rights • Document final releases of rights in READS 7. Closing & Documentation • Prepare payment requests and submit with supporting documentation to the sponsor for check issuance • Process mortgage/lien satisfactions and partial releases, if needed • Mail checks to the property owners • Record executed conveyances with the Register of Deeds • Prepare closing statements and ensure proper disbursement of compensation 8. Condemnation Support (if required) • If negotiations are unsuccessful, prepare Jurisdictional Offers and Award of Damages packages for sponsor signature • Prepare Jurisdictional Offer in accordance with Wis. Stat. § 32.05 • Prepare Award of Damages following expiration of statutory acceptance period 9. Project Closeout • Prepare form LPA 3028 Certificate of Right of Way • Upload all acquisition documentation into READS • Verify files are complete and compliant with WisDOT requirements • Provide final reports and updates to the client Project Task List Based on our extensive experience with the real estate acquisition process for both State and local projects and our project understanding outlined above, we propose the following scope of services to successfully complete the STH 91 project. CORRE, Inc. | Proposal for Professional Real Estate Services | STH 91 (E Huron Street) | ID 6540-01-03 | City of Berlin, WI | 12 3 | CAPACITY & AVAILABILITY 1 | COMPANY OVERVIEW 4 | EXPERIENCE & REFERENCES 5 | APPROACH & SCHEDULE 6 | COST FORM 2 | KEY STAFF QUALIFICATIONS CORRE is very interested in providing real estate services to the City and we are confident in our ability to deliver this project. As part of our effort in preparing this proposal, we have analyzed, reviewed, and outlined all potential deliverables for a project of this size and type. As with all projects we pursue, we evaluate our available resources, then lay out a schedule for the project to ensure successful delivery. The CORRE team proposed for this project has immediate availability to start work on this project upon selection. Project Timeline CORRE implements real estate acquisition services through a structured, milestone-driven process designed to ensure compliance with the WisDOT REPM, Wisconsin Statutes Chapter 32, and Sponsor requirements. • Project Kickoff & Strategy: Upon authorization, CORRE conducts an internal project kick-off meeting to review the relocation order, plat, and design impacts. CORRE staff then attend the WisDOT coordinated kick- off meeting to meet the rest of the project team and ask any questions we discovered internally. A parcel tracking spreadsheet and schedule are developed to align acquisition milestones with project letting and certification deadlines. • Dedicated Project Management: A designated Project Manager (Heather Dresel) serves as the contact for the Sponsor and coordinates all acquisition staff. Weekly internal status check-ins are conducted to monitor progress, identify risks, and adjust timelines as needed. • Documentation & Compliance Controls : All parcel documentation is entered and maintained in READS in real time. CORRE utilizes internal file checklists consistent with REPM requirements to ensure completeness prior to certification. This includes all interests identified during title review. • Owner Communication Protocol: Property owners are contacted promptly following title review. All communications are documented in a negotiation diary. Offers are presented in accordance with statutory requirements, and owners are provided clear explanations of valuation and acquisition procedures. • Quality Assurance : Valuation documents (Sales Studies, Waiver Reports, Appraisals) are reviewed internally prior to Sponsor submission. Condemnation documents are prepared using standardized templates from READS to ensure compliance with Wis. Stat. § 32.05. • Risk Mitigation : Early identification of complex title issues, mortgage interests, utility conflicts, or potential condemnation parcels allows proactive coordination with the Sponsor to prevent project delays. Project Implementation Approach Task/Milestone Date Real Estate Project Start Date 06/01/2026 DSR Approved 07/07/2026 Plat Recorded 07/21/2026 Start Up Meeting 08/04/2026 Staking 09/15/2026 Sales Study Submitted for Review 10/18/2026 Sales Study Approved 10/25/2026 NPPR Submitted for Review 11/08/2026 NPPR Approved 11/29/2026 Nominal Offers Out 12/20/2026 Flip Remaining Nominals 01/19/2027 Appraisal Submitted for Review 03/05/2027 Appraisal Approved 05/05/2027 Appraisal Offer Packet to Owner 05/19/2027 Owner's Appraisal Due (if applicable) 07/19/2027 Finalize Agreed Negotiations 08/03/2027 Last Date to JO 08/17/2027 Order Checks 08/23/2027 JO Expiration Date 09/06/2027 Owner Paid 09/13/2027 Signed Conveyance Recorded 09/20/2027 Award Recorded 09/20/2027 Target Acquisition Date/Utility Date 10/01/2027 Documents Submitted for Review 04/03/2028 PS&E 05/01/2028 CORRE, Inc. | Proposal for Professional Real Estate Services | STH 91 (E Huron Street) | ID 6540-01-03 | City of Berlin, WI | 13 3 | CAPACITY & AVAILABILITY 1 | COMPANY OVERVIEW 4 | EXPERIENCE & REFERENCES 5 | APPROACH & SCHEDULE 6 | COST FORM 2 | KEY STAFF QUALIFICATIONS 6 | COST FORM COST FORM Project: Real Estate Services City of Berlin, Green Lake and Waushara Counties, Wisconsin Wisconsin Department of Transportation Highway Project 6540-01-03 Deadline: May 29, 2026 - 4:30pm To: City of Berlin We _____________________________________ (name of consultant) acknowledge that we have received the RFP documents. We hereby agree to provide all services required to complete the work in strict accordance with this Request for Proposal and contract documents for the following stated amounts: Appraisal parcel fees $_________________ Negotiation parcel fees $________________ In the event a Nominal Waiver of Appraisal changes to an Appraisal, the Appraisal fee will be $_____________________. The negotiation fee shall remain the same. Time of Completion: The undersigned agrees, if awarded the contract, to supply deliverables by the dates specified. Failure to complete work will result in liquidated damages of $100 per calendar day thereafter until work is completed. Warranty: By act of submitting a proposal for the proposed work, the consultant warrants that: 1) Consultant and its subcontractors have carefully and thoroughly reviewed the RFP documents and have found them complete, free of ambiguities, and sufficient for the purposes intended; and 2) Consultant and all workers, employees, and subcontractors are skilled and experienced in the type of work represented by the RFP documents; and 3) Proposal is based solely upon the RFP documents and properly issued addenda and not upon any other representation; and 4) Neither the consultant nor its employees, agents, or subcontractors have relied upon any verbal representations allegedly authorized from the City, its employees or agents, in assembling the proposal. CORRE, Inc. 6,000.00 1,900.00 $4,300 (due to additional title reports needed Parcels 19 & 34 = $2,300/each parcel 28 = $3,100) ($3,500 appraisal + $800 appraisal review) *5) CORRE is willing/able to provide insurance per RFP requirements Utility Release of Rights $ __________________1,000 CITY OF BERLIN COMMON COUNCIL MEEETING STAFF REPORT TO: Common Council FROM: Jessi Balcom, City Administrator AGENDA ITEM: Transportation Program and Meals on Wheels delivery update MEETING DATE: July 14, 2026 BACKGROUND It has come to the Berlin City and Senior Center Administrations’ attention that there needs to be changes in the use of the Transportation grant funds that Berlin receives from Green Lake County. Previously, all drivers’ wages have been taken from the Transportation Grant. These tasks included: transports, meals on wheels delivery, kitchen assistance with packaging meals and taking garbage out, running errands, and the set-up of activities for the following day. We have recently learned that the only task that can be taken from the grant dollars is the actual transport of seniors, as there can be no “empty miles” meaning there must always be a rider. This means that the City will either need to find funding to pay the wages for other duties, or those duties can no longer be done by the drivers. Furthermore, it has also been brought to our attention that any assistance in the kitchen is a Green Lake County Nutrition Program task and must be done by volunteers through Green Lake County, and should not be done by our paid drivers. Moving forward, for the remainder of the month of July, the City has agreed to fund the drivers’ Meals on Wheels delivery time. However, since these costs have not been budgeted for and because we have limited resources, starting August 1 st Green Lake County will take over the delivery of all Meals on Wheels for the City of Berlin, which is the procedure modeled elsewhere in the county. In further discussions with Green Lake County’s Transportation Program Administrator, Ryan Bamberg, it has been decided amongst all parties that the current grant money that the City has will be put to much better use if given back to the County to use as the program was intended. Currently, and for the past 1.5 years, there has been an average number of four rides per week in Berlin, therefore, as of August 1 st Green Lake County will be the contact for all transports. The drivers have been notified of the anticipated changes and the discontinuance of the Senior Center’s ride program on August 1. All of the drivers have been a wonderful asset to the Senior Center and the Berlin community. Their dedication and kindness to those in need of transportation and meal delivery has been exceptional. They have been encouraged to reach out to Green Lake County if they would like to continue with the meal delivery program or with the transportation program. As part of the Transportation program, the City received an 80% grant from the Wisconsin Department of Transportation to purchase a handicap accessible van (2023 Chrysler Voyager). Staff has reached out to the WisDOT to explore the possibility of transferring the van to the City’s public transit program (contract with LIR Transportation). The City has applied for, and been granted an 80% match to purchase a van within the next two years for the public transit program. Transferring the van to the public transit program would allow the City to forgo purchasing an additional vehicle and not have to go through the return/sale process for the 2023 van (since the WisDOT maintains an 80% interest in the vehicle). Staff will continue to work with our partners at Green Lake County to ensure that the grant is properly turned back over to the County as of August 1 (or as things work through the process) and to ensure that the Senior Center continues to be a resource and partner to the County as they work to provide much appreciated, valued and needed programs to the seniors of Berlin and all of Green Lake County. SUGGESTED MOTION Motion to direct staff to work with the County to ensure that the Transportation grant is turned back over to the county and the Senior Center ride program ends August 1, 2026, and to work with the WisDOT to determine the best use of the 2023 van and awarded grant funds. City of Berlin - Department of Planning and Development 108 North Capron St ● P.O. Box 272 ● Berlin, Wisconsin 54923-0272 (920) 361-5400 MEMO TO: Common Council FROM: Timothy Ludolph, Planning & Development Director RE: 127 W Berlin St. Raze or Repair Order Date: July 14th 2026 Background: Complaints regarding significant damage at 127 W Berlin Street. date back to 2024 and 2025 Initial concerns focused on nuisance issues. June 8th, 2026: Building Inspection responded as well as a referral from County Health, observed numerous code violations and unsafe conditions while investigating a complaint from a neighbor filed to the City. They confirmed the findings could be summarized as Critical Safety issues presenting severe, immediate life-safety and environmental hazards. The Primary core threats were atmospheric and respiratory hazards, biological contamination, and structural & Physical threats. June 9th, 2026: The County Health Department placarded the building as unsafe for human habitation. Discussion: The inspection report confirms the building is in a state requiring extensive, costly repairs exceeding its assessed value. The sanitation issues are extensive, requiring removal measures. Based upon an incomplete inspection, but one complete enough to make findings, The Building Inspectors believe it is unreasonable to repair the building. A formal Notice of Raze Order or Notice to Raze/Repair has not been requested yet, as this specific property was not previously discussed. Given the building is officially deemed unsafe for human habitation, the Council may wish to proceed with the formal process for unsafe structures. The summary of the procedure for Raze and Remove would be as follows: Direct staff to order a Title Report to determine responsible party. Establish contact for one last time to allow the property owner(s) to clean up the premises City of Berlin - Department of Planning and Development 108 North Capron St ● P.O. Box 272 ● Berlin, Wisconsin 54923-0272 (920) 361-5400 Direct staff to prepare and request Council approval for a Notice of Raze Order or Notice to Raze/Repair, depending on the exact process followed for the property at 127 W Berlin Street. If the property owner does not voluntarily comply with the notice: Initiate the legal process for forced demolition, which includes: Drafting and filing a Lis Pendens. Drafting and filing the Lis Pendens with the appropriate county records. Drafting and serving legal documents for a formal hearing and potential Court Order of Demolition. Summary: A property at 127 W Berlin Street contains a building declared unsafe for human habitation by the County Health Department. Despite previous attempts to address code violations through citation, progress has been negligible. The Building Inspectors believe it is certain the property is unfit for occupancy or use due to structural concerns and the repairs required would exceed 50% of the assessed value by a significant margin. The house has already been placarded by Green Lake County Health Department and would encourage the Common Council to direct staff to continue the Raze and Remove order proceedings as noted on the opinion letter from March 6 th 2025. Recommendation: Direct staff to continue the Raze and Remove order proceedings as noted in the opinion letter from March 6th 2025 this would include having the Building Inspectors draft a notice to try to get some kind of voluntary compliance. Property Summary & Exterior Inspection Report Property Address: 127 W Berlin St, Berlin, WI 54923 Inspection Date: June 8, 2026 Inspector: Building Inspector Matthew Kelly Authority & Regulatory Basis This inspection was conducted in reference to the City of Berlin Municipal Code (including Chapter 46, Article V regarding Public Nuisances, Blight, and Property Maintenance standards). Property owners are required to maintain structures and premises in a safe, sanitary, and structurally sound condition, free from the accumulation of debris, rank vegetation, and deteriorating building elements. Overall Property Evaluation NOTICE: The exterior of this property exhibits widespread, severe, and compounding maintenance violations. There are far too many individual safety, and sanitation issues to exhaustively itemize in this summary report. The structural envelope, surrounding premises, and accessory zones show systemic neglect, presenting clear code compliance failures under local property maintenance guidelines. Primary Material Deficiencies & Code Violations 1. Glazing & Window Openings (Critical Enforcement Item) • Deficiency: Widespread broken, cracked, and completely missing window panes (glazing) across multiple facades of the primary structure. • Code Implication: Missing or compromised glazing fails to maintain a weather-tight envelope, permits moisture intrusion leading to accelerated structural rot, and presents immediate physical safety and security hazards. All windows must be fully glazed and free of fractures. 2. Structural Envelope & Exterior Wall Conditions • Deficiency: Widespread failure of exterior surface protections. This includes decaying, rotted, or detached siding, exposed framing elements, and severe paint/protective coating failure. • Code Implication: Exterior walls must be maintained weather-tight and free from structural deterioration to prevent moisture damage and vermin infestation. 3. Roof, Gutters, and Drainage Systems • Deficiency: Noticeable deterioration of the roofing system, including sagging structural lines, lifting/missing shingles, and failing or completely absent gutter and downspout systems. • Code Implication: Runoff is not being directed safely away from the foundation, actively accelerating the deterioration of both the primary structure and adjacent soil stability. 4. Porches, Decks, and Means of Egress • Deficiency: Exterior stairways, steps, and porch platforms show advanced structural decay, bowing supports, unlevel surfaces, and absent or non-compliant guardrails/handrails. • Code Implication: These areas constitute immediate life-safety hazards for anyone attempting to access or egress the property. 5. Premise Sanitation & Accessory Areas • Deficiency: Severe accumulation of outdoor refuse, trash, scrap material, rotting lumber, and excessive personal property stored outside of an enclosed structure. Additionally, the premises exhibit uncontrolled rank vegetation and noxious weed growth. • Code Implication: Per Berlin Code Chapter 46, the outdoor accumulation of trash, rubbish, and rotting materials constitutes a public nuisance by creating potential breeding grounds for vermin and insects, while causing visual and economic deterioration to the surrounding neighborhood. DALE W. ARENZ (1935-2022) DONALD S. MOLTER, JR. (Retired) JOHN P. MACY H. STANLEY RIFFLE (Court Commissioner) ERIC. J. LARSON REMZY D. BITAR 730 N. GRAND AVENUE WAUKESHA, WISCONSIN 53186 Telephone (262) 548-1340 Facsimile (262) 548-9211 Email: elarson@ammr.net PAUL E. ALEXY MATTEO REGINATO LUKE A. MARTELL SAMANTHA R. SCHMID CHRISTOPHER R. SCHULTZ LUCAS C. LOGIC GREG M. PROCOPIO BENJAMIN T. CROCKETT ADAM J. MEYERS SAVANNA M. GAIN JAIME L. STAFFARONI ----------- STEPHEN J. CENTENARIO MICHAEL J. MORSE JAMES P. WALSH March 6, 2025 Timothy Ludolph, City Planner City of Berlin 108 N. Capron St. Berlin, WI 54923 Re: Raze Order Procedure Legal Review Dear Mr. Ludolph, You have requested that I review and comment on the City’s raze process and procedures and provide recommendations for best practices. I have had an opportunity to carefully consider this matter. Based on my review, I note the following comments, concerns and recommendations in this regard: The sample raze order you provided is generally fine as to form and contains the appropriate statutory language, however, I have concerns with the supporting inspection report. To proceed with a raze and remove order under Wis. Stats. § 66.0413(c), there must be specific cost estimates and calculations, including actual bids for the proposed work if needed. I can provide examples of inspection reports we have used in the past, if desired. I discuss this process further below. You have also asked that I provide my recommendations for the City’s raze process and procedures. Generally, a structure can be ordered to be razed if it meets these two elements: if it is (1) Old, dilapidated or out of repair, and (2) Consequently dangerous, unsafe, unsanitary or otherwise unfit for human habitation. There are additional special provisions that apply to nuisance properties (Wis. Stat. s. 66.0413(2)); historic buildings (Wis. Stat. s. 66.0413(3)); and insured dwellings (Wis. Stat. s. 66.0413(5)). There are two different types of raze orders: • Raze or Repair Order - if the structure can be made safe by reasonable repairs, order the owner to either make the building safe and sanitary or to raze the building, at the owner's option. MUNICIPAL LAW & LITIGATION GROUP, S.C. ARENZ, MOLTER, MACY, RIFFLE, LARSON & BITAR • Raze and Remove Order – if the structure is unreasonable to repair, order the owner of the building to raze the building. The structure is presumed unreasonable to repair if the costs of repairs “would exceed 50 percent of the assessed value of the building divided by the ratio of the assessed value”. “Cost of repairs” under sub. (1) (c) is not defined, but logically it refers to the cost to remedy all conditions that render the building deficient under sub. (1) (b) 1., including not only those that render the building “out of repair,” but also those that affect the suitability of the building for human habitation. Auto-Owners Insurance Co. v. City of Appleton, 2017 WI App 62, 378 Wis. 2d 155, 902 N.W.2d 532. My recommended raze or repair process is as follows: RAZE OR REPAIR PROCEDURE 1. Common Council Authorization. Sec. 14-6 of the City code gives the Common Council the authority to order property owners to raze or repair structures within the City. This is consistent with Wis. Stats. § 66.0413, which allows for “the governing body, building inspector or other designated officer of a municipality” to do so. The Common Council should also be made aware that litigation will be required if this proceeds further, and give specific authorization for commencing the remaining aspects of the process including litigation. 2. Comprehensive Building Report. Building Inspector Lust should complete a comprehensive report on the status of the Property after a thorough inspection. If a property owner does not allow us entry, we will need to obtain a special inspection warrant, which is not a complicated process. This is a very important aspect of this issue, to ensure that we have the evidence that we need when this gets to court. This inspection will also allow us to include more detailed information to include with our code violation references in the final Raze Order. 3. Finding Required. To proceed with a Raze and Remove order, the Building Inspector must make a finding that the building “is old, dilapidated or out of repair and consequently dangerous, unsafe, unsanitary or otherwise unfit for human habitation and unreasonable to repair.” This finding must follow a determination of the Building Inspector that the cost of repairs would exceed 50% of the assessed value of the building divided by the ratio of the assessed value to the recommended value as last published by the Department of Revenue. I can provide samples from other communities to outline how this issue should be analyzed, including specific cost estimates and calculations. Unless this type of analysis is done, I recommend against using this “no repair” procedure. 4. Notice of Unfitness for Occupancy or Use. If proceeding with a Raze and Remove order notice must be prepared and posted on the building to say “This building may not be used for human habitation, occupancy or use,” as described in Section 66.0413(br), Wisconsin Statutes. This notice is significant in that it may trigger litigation, especially if the building is currently occupied and we force the occupant out of the building. This underscores that this “no repair” procedure should only be followed when we are very sure that the costs of repair exceed 50% of the assessed value, and for that matter, it should exceed that number by a significant margin, in my opinion due to the severity of the remedy. MUNICIPAL LAW & LITIGATION GROUP, S.C. ARENZ, MOLTER, MACY, RIFFLE, LARSON & BITAR 5. Title Opinion. We will obtain a title report from a title company, to ascertain the owner(s) and the holder(s) of any encumbrance(s) affecting the property. 6. Draft a Notice. A Notice of Raze Order will be finalized that describes each defect in the building that constitutes a public nuisance as defined by the statute. The Notice will also cite the authority for claiming it is a defect (e.g. cite code provisions that are being violated). The Notice should also specify what must be done to remedy the defect. The Notice shall direct the owner to remedy each such defect within 30 days following the service of the Notice. The Notice will be for the signature of the Common Council. 7. Serve Notice. The building inspector or other designated officer (or process server) must serve the Notice, as follows: a. Owner. The Notice must be served on the owner of record of the building, or the owner’s agent, in the same manner as a summons is served in circuit court. If the owner or owner’s agent cannot be found, notice may be served by posting it on the main entrance of the building and by publishing it as a class 1 notice. b. Encumbrance holder. The Notice must be served on the holder of an encumbrance of record by 1st class mail, and by publication of a class 1 notice. 8. Draft Petition. In the event voluntary compliance does not follow from the Notice, the next step is to prepare a Petition that will initiate the litigation. The Petition, generally, should recite that the building constitutes a public nuisance, that the foregoing statutory notice and service requirements have been satisfied, and that the owner failed to remedy the defect(s). 9. Draft Lis Pendens. A notice of court action should be prepared, to ensure that the court action binds not only the current owner of the property, but also anyone who might acquire ownership of the property as the matter proceeds. 10. File and Serve Documents. If the structure is not razed or the defect is not remedied within 30 days of the service of the Notice, the building inspector or other designated City officer may file the Petition in Circuit Court, record the Lis Pendens in the office of the Register of Deeds, and serve copies of the Petition upon the owner and the holder of an encumbrance in the same manner as was done with the Notice, as described in paragraph 5, above. The owner then has 20 days to respond. 11. Hearing. The Circuit Court sets the matter for hearing. Testimony may be taken. If the property owner fails to respond to the petition, we will seek default judgment. 12. Court Order to Remedy or Raze. If the court finds that the building constitutes a public nuisance, the court may order that repairs and alterations be made, and the court shall set a reasonable time for doing so. The order shall state, in the alternative, that if the repairs and alterations are not made as required, the court will appoint a receiver or authorize the building inspector or other designated officer to raze the building. 13. Service of Court Order. The court’s order shall be served in the same manner as described in paragraph 7, above. 14. Court Order to Raze. If the repairs are not timely made the matter should return to court for the court to formally order the razing of the property, or the appointment of a receiver. MUNICIPAL LAW & LITIGATION GROUP, S.C. ARENZ, MOLTER, MACY, RIFFLE, LARSON & BITAR a. Receiver. If a receiver is appointed, that person is empowered to collect rents, make the repairs, sell the building, and attempt to resolve the issue as described in the statute. b. City Razing. If the building inspector or other City officer is authorized to raze the building, the City may need to publicly bid the project. Razing the building includes also restoring the site to a dust-free and erosion-free condition. 15. Costs. The cost of razing the building and restoring the site to a dust-free and erosion-free condition may be charged in full or in part against the real estate upon which the building is located, and these costs become a lien upon the real estate and may be assessed and collected as a special charge. These costs are likely to be limited to the costs of physically removing the building and restoring the site, and are unlikely to include the legal, engineering and administrative costs of the action, though we would seek recovery of such costs. If you have any questions or concerns regarding this matter, please do not hesitate to contact me. Yours very truly, MUNICIPAL LAW & LITIGATION GROUP, S.C. Eric J. Larson Eric J. Larson EJL/LAM/jd cc: Jessi Balcom, City Administrator