By: WISCONSIN LAW JOURNAL STAFF//January 4, 2012//
By: WISCONSIN LAW JOURNAL STAFF//January 4, 2012//
Wisconsin Court of Appeals
Civil
Employment — public employment — civil service rules
Where an examination announcement did not comply with Milwaukee County Civil Service Rules, promotions pursuant to the examination are void ab initio.
“Under the current statutory scheme, examination applicants are entitled to know what the promotional examination will be based upon and what percentages each portion of the examination will receive. Doing so ensures transparency. Absent a predetermined schedule of subjects and weights, the examination could be scored in a post facto manner, and the Sheriff’s Department could manipulate oral and written portions of the examination to ensure that certain applicants score higher than others. Consequently, we agree with the trial court that the results of the 2008 examination cannot stand.”
Affirmed.
Recommended for publication in the official reports.
2010AP2833 Trimboli v. County of Milwaukee
Dist. I, Milwaukee County, White, J., Curley, J.
Attorneys: For Appellant: Fuchs, John F., Milwaukee; For Respondent: Zillig, Molly, Milwaukee; MacGillis, Christopher, Wauwatosa