2015 WISCONSIN ACT
150
(Vetoed in Part)
An Act
to repeal
230.16 (7m) (c), 230.16 (9), 230.19 (2), 230.19 (3), 230.28 (6), 230.31 (2) and 230.40 (3);
to renumber
230.19 (1);
to renumber and amend
230.01 (2), 230.16 (7), 230.25 (1m), 230.34 (1) (a) and 230.43 (1) (a);
to amend
62.13 (4) (d), 63.08 (1) (f) 1., 63.08 (1) (f) 2., 63.08 (1) (f) 3., 63.37, 63.39 (2m), 66.0509 (1), 230.04 (14), 230.046 (2), 230.05 (7), 230.08 (2) (c), 230.12 (1) (h), 230.13 (1) (a), 230.13 (3) (b), 230.15 (1), 230.15 (1m) (c) 1., 230.16 (title), 230.16 (1) (a), 230.16 (2), 230.16 (3), 230.16 (4), 230.16 (5), 230.16 (6), 230.16 (7m) (b) 4., 230.16 (10), 230.16 (11), 230.17 (1), 230.17 (2), 230.18, 230.21 (1), 230.21 (2), 230.21 (3), 230.213, 230.24 (1), 230.24 (2), 230.25 (1), 230.25 (1g), 230.25 (2) (a), 230.25 (2) (b), 230.25 (3) (a), 230.26 (2), 230.26 (4), 230.28 (1) (a), 230.28 (1) (am), 230.28 (1) (c), 230.31 (1) (intro.), 230.32 (4), 230.34 (1) (am), 230.34 (2) (intro.), 230.34 (2) (a), 230.34 (2) (b), 230.35 (3) (d), 230.37 (1), 230.43 (1) (title), 230.43 (1) (b), 230.43 (1) (c), 230.43 (1) (d), 230.43 (1) (e), 230.43 (5), 230.44 (1) (c), 230.44 (1) (e) and 321.65 (3) (g);
to create
20.865 (1) (dm), 20.928 (1f), 230.01 (2) (bm), 230.01 (2) (bp), 230.04 (13m), 230.04 (19), 230.05 (10), 230.06 (1) (m), 230.06 (4), 230.13 (3) (c), 230.15 (6), 230.15 (7), 230.16 (1) (ap), 230.25 (1m) (a) to (d), 230.25 (2) (am), 230.31 (3), 230.34 (1) (a) 1. to 9. and 230.445 of the statutes; and
to affect
2015 Wisconsin Act 55
, section
9101 (5n) (a)
,
2015 Wisconsin Act 55
, section
9101 (5n) (b)
and
2015 Wisconsin Act 55
, section
9101 (5n) (c)
;
relating to:
the state civil service and making an appropriation.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Section
1
.
20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated:
-
See PDF for table
Section
2
.
20.865 (1) (dm) of the statutes is created to read:
20.865
(1)
(dm)
Discretionary merit compensation program.
The amounts in the schedule to supplement the appropriations to state agencies for the cost of discretionary merit compensation awards approved by the division of personnel management in the department of administration under s. 20.928 (1f).
Section
3
.
20.928 (1f) of the statutes is created to read:
20.928
(1f)
Each state agency head shall certify to the administrator of the division of personnel management in the department of administration, at such time and in such manner as the administrator prescribes, the sum of money needed from the appropriations under s. 20.865 (1) (dm) for the state agency to make lump sum discretionary merit compensation awards to its classified employees. Upon receipt of the certifications together with such additional information as the administrator prescribes, the administrator shall determine the amounts required from the appropriation to supplement state agency budgets. The administrator may not approve an agency request for money from the appropriation under s. 20.865 (1) (dm) for a discretionary merit award that increases an employee's base compensation.
Section
4
.
62.13 (4) (d) of the statutes is amended to read:
62.13
(4)
(d) The examination shall be free for all U.S. citizens over 18 and under 55 years of age, with proper limitations as to health and, subject to ss. 111.321, 111.322, and 111.335, arrest and conviction record. The examination, including minimum training and experience requirements, shall be job-related in compliance with appropriate validation standards and shall be subject to the approval of the board and may include tests of manual skill and physical strength. All relevant experience, whether paid or unpaid, shall satisfy experience requirements. The board shall control examinations and may designate and change examiners, who may or may not be otherwise in the official service of the city, and whose compensation shall be fixed by the board and paid by the city. Veterans and their spouses shall be given preference points in accordance with s.
230.16 (7)
63.08 (1) (fm)
.
Section
5
.
63.08 (1) (f) 1. of the statutes is amended to read:
63.08
(1)
(f) 1. The commission may not impose any restriction as to age on any veteran who is applying or eligible for a position under this section. The commission shall give preference points to veterans and their spouses under
s. 230.16 (7)
par. (fm)
, except as provided under subd. 2.
Section
6
.
63.08 (1) (f) 2. of the statutes is amended to read:
63.08
(1)
(f) 2. Notwithstanding
s. 230.16 (7)
par. (fm)
, persons shall be certified from the eligible list under s. 63.05 (1) (b) without adding any preference points to any person's grade.
Section
7
.
63.08 (1) (f) 3. of the statutes is amended to read:
63.08
(1)
(f) 3. After the certification under subd. 2., any veteran or veteran's spouse whose grade, plus the points to which the veteran or spouse is entitled under
s. 230.16 (7)
par. (fm)
, is equal to or higher than the lowest grade on the list made under subd. 2. shall be added to the certification list under s. 63.05 (1) (b). The number of persons added to a certification list under this subdivision may not exceed the number of persons initially certified under subd. 2.
Section
8
.
63.37 of the statutes is amended to read:
63.37
Board to keep a register of eligibles.
From the returns or reports of the examiners, or from the examinations made by the board, the board shall prepare and keep a register for each grade or class of position in the service of such city, of the persons whose general average standing upon examinations for such grade or class is not less than the minimum fixed by the rules of such board, and who are otherwise eligible, and such persons shall take rank upon the register as candidates in the order of their relative excellence as determined by examination without reference to priority of time of examination. The board shall impose no restrictions as to age in case of veterans, and veterans and their spouses shall be given preference points in accordance with s.
230.16 (7)
63.08 (1) (fm)
.
Section
9
.
63.39 (2m) of the statutes is amended to read:
63.39
(2m)
Notwithstanding s.
230.16 (7)
63.08 (1) (fm)
, the board shall certify persons from the list of eligibles without adding preference points to their grades. After the certification under sub. (1) or (2), the board shall add to the certification list any veteran or veteran's spouse whose grade, plus the points to which the veteran or spouse is entitled under s.
230.16 (7)
63.08 (1) (fm)
, is equal to or higher than the lowest grade on the list of eligibles.
Section
10
.
66.0509 (1) of the statutes is amended to read:
66.0509
(1)
Any city or village may proceed under s. 61.34 (1), 62.11 (5) or 66.0101 to establish a civil service system of selection, tenure and status, and the system may be made applicable to all municipal personnel except the chief executive and members of the governing body, members of boards and commissions including election officials, employees subject to s. 62.13, members of the judiciary and supervisors. Any town may establish a civil service system under this subsection. For veterans there shall be no restrictions as to age, and veterans and their spouses shall be given preference points in accordance with s.
230.16 (7)
63.08 (1) (fm)
. The system may also include uniform provisions in respect to attendance, leave regulations, compensation and payrolls for all personnel included in the system. The governing body of any city, village or town establishing a civil service system under this section may exempt from the system the librarians and assistants subject to s. 43.09 (1).
Section
11
.
230.01 (2) of the statutes is renumbered 230.01 (2) (a) and amended to read:
230.01
(2)
(a) It is the policy of the state and the responsibility of the director and the administrator to maintain a system of personnel management which fills positions in the classified service through methods which apply the merit principle, with adequate civil service safeguards.
(b)
It is the policy of this state to provide for equal employment opportunity by ensuring that all personnel actions including hire, tenure or term, and condition or privilege of employment be based on the ability to perform the duties and responsibilities assigned to the particular position without regard to age, race, creed or religion, color, disability, sex, national origin, ancestry, sexual orientation
,
or political affiliation.
(c)
It is the policy of this state to take affirmative action which is not in conflict with other provisions of this chapter.
(d)
It is the policy of the state to ensure its employees opportunities for satisfying careers and fair treatment based on the value of each employee's services.
(e)
It is the policy of this state to encourage disclosure of information under subch. III and to ensure that any employee employed by a governmental unit is protected from retaliatory action for disclosing information under subch. III.
(f)
It is the policy of this state to correct pay inequities based on gender or race in the state civil service system.
Section
12
.
230.01 (2) (bm) of the statutes is created to read:
230.01
(2)
(bm) It is the policy of this state to recruit, select, and promote employees based on their relative skills, abilities, competencies, and knowledge, including using open processes to consider qualified applicants for initial employment.
Section
13
.
230.01 (2) (bp) of the statutes is created to read:
230.01
(2)
(bp) It is the policy of this state to retain employees on the basis of the adequacy of their performance, to correct inadequate performance when possible and appropriate, and to separate from state service employees whose performance and personal conduct is inadequate, unsuitable, or inferior.
Section
14
.
230.04 (13m) of the statutes is created to read:
230.04
(13m)
The administrator shall establish standards for progressive discipline plans to be prepared by all agencies and applied to all employees in the classified service. The standards shall address progressive discipline for personal conduct and work performance that is inadequate, unsuitable, or inferior. The standards established under this subsection shall allow an appointing authority to accelerate progressive discipline if the inadequacy, unsuitability, or inferiority of the personal conduct or work performance for which an employee is being disciplined is severe.
230.04
(14)
The
Except as provided in s. 230.445, the
administrator shall establish, by rule, the scope and minimum requirements of a state employee grievance procedure relating to conditions of employment.
Section
16
.
230.04 (19) of the statutes is created to read:
230.04
(19)
The administrator shall develop and implement a discretionary merit award program to distribute money under s. 20.928 (1f) to agencies for the purpose of providing lump sum monetary awards to classified employees whose job performance has exceeded agency expectations.
Section
16m
.
230.046 (2) of the statutes is amended to read:
230.046
(2)
Supervisory training.
After initial appointment to a supervisory position, each appointing authority shall ensure that each classified service supervisor successfully completes a supervisory development program.
A waiver of any part of the probationary period under s. 230.28 (1) (c) may not be granted before completion of the development program.
The program shall include such subjects as state personnel policies, grievance handling, discipline, performance evaluation, understanding the concerns of state employees with children, the supervisor's role in management and the concept of the total quality leadership process, including quality improvement through participatory management.
230.05
(7)
The director shall use techniques and procedures designed to certify eligible applicants to any vacant permanent position within
45
30
days after the filing of an appropriate request by an appointing authority.
Section
17m
.
230.05 (10) of the statutes is created to read:
230.05
(10)
The director shall establish standards for what constitutes a serious violation of the code of ethics for purposes of s. 230.34 (1) (a) 9.
Section
18
.
230.06 (1) (m) of the statutes is created to read:
230.06
(1)
(m) Prepare a progressive discipline plan which complies with the standards established by the administrator under s. 230.04 (13m).
Section
19
.
230.06 (4) of the statutes is created to read:
230.06
(4)
An appointing authority shall maintain permanently an employee's disciplinary records in the employee's personnel file. Unless otherwise ordered by a court or, during the grievance process under s. 230.445, by the appointing authority, administrator, or commission, or unless otherwise agreed to in a settlement agreement, disciplinary records may not be removed from an employee's personnel file.
Section
20
.
230.08 (2) (c) of the statutes is amended to read:
230.08
(2)
(c) The director, associate director
,
and state historian of the historical society; and, with the approval of the board of curators and the administrator, such number of specialists as are required by the society for specific research, writing, collecting
,
or editing projects which for a limited period of time not to exceed 2 years, renewable at the discretion of the board of curators and the administrator for an additional 2-year period, require persons with particular training or experience in a specialized phase or field of history, historical research, writing, collecting
,
or editing, and any persons whose entire salary is paid from funds reappropriated to the society by s. 20.245 (1) (r) where
a
competitive
examination
process
is impractical.
Section
21
.
230.12 (1) (h) of the statutes is amended to read:
230.12
(1)
(h)
Other pay, benefits, and working conditions.
The compensation plan may include other provisions relating to pay, benefits, and working conditions
that shall supersede the provisions of the civil service and other applicable statutes and rules promulgated by the director and the administrator
.
Section
22
.
230.13 (1) (a) of the statutes is amended to read:
230.13
(1)
(a)
Examination scores and ranks and other evaluations
Evaluations
of applicants
, including any examination scores and rankings
.
Section
23
.
230.13 (3) (b) of the statutes is amended to read:
230.13
(3)
(b) The
director
administrator
and the
administrator
director
may provide any agency with personnel information relating to the hiring and recruitment process, including specifically
the examination
scores and ranks and other evaluations of applicants.
Section
24
.
230.13 (3) (c) of the statutes is created to read:
230.13
(3)
(c) The administrator and the director shall provide an appointing authority with access to the personnel files of any individual who currently holds a position whom the appointing authority intends to make an offer of employment.
230.15
(1)
Subject to the restriction under s. 230.143, appointments to, and promotions in, the classified service shall be made only according to merit and fitness, which shall be ascertained so far as practicable by competitive
examination
procedures
. The director may waive competitive
examination
procedures
for appointments made under subs. (1m) and (2) and shall waive competitive
examination
procedures
for appointments made under sub. (2m).
Section
26
.
230.15 (1m) (c) 1. of the statutes, as affected by
2015 Wisconsin Act 55
, is amended to read:
230.15
(1m)
(c) 1. Whenever a position is included in the classified service under par. (a), the director may waive the requirement for competitive
examination
procedures
under sub. (1) with respect to the position and certify the incumbent employee for appointment to the position in accordance with subd. 2.
Section
27
.
230.15 (6) of the statutes is created to read:
230.15
(6)
Annually, each appointing authority shall submit a report to the director and the administrator indicating the number of days it took to make an offer of employment for a vacant position after receiving from the director a list of names of individuals who are certified for appointment to the position.
Section
28
.
230.15 (7) of the statutes is created to read:
230.15
(7)
An appointing authority may not make an offer of employment to any individual who currently holds a position unless the appointing authority has reviewed the personnel file of the individual.
Section
29
.
230.16 (title) of the statutes is amended to read:
230.16
(title)
Applications and
examinations
selection processes
.
230.16
(1)
(a) The director shall require persons applying for
admission to any examination under this subchapter or under the rules of the director
a position in the classified service
to file an application
and resume
with the bureau
a reasonable time prior to the proposed examination
.
Section
31
.
230.16 (1) (ap) of the statutes is created to read:
230.16
(1)
(ap) 1. Except as provided in subd. 2., the director may not request a person applying for a position in the civil service, on an application or otherwise, to supply information regarding the conviction record of the applicant, or otherwise inquire into or consider the conviction record of the applicant before the applicant has been certified for the position. This paragraph does not prohibit the director from notifying an applicant for a position in the civil service that, by law or policy, a particular conviction record may disqualify an applicant from employment in a particular position.
2. If a particular conviction record disqualifies applicants for a certain position in the state civil service, the director may request a person applying for the position to supply information regarding the conviction record of the applicant, or otherwise inquire into or consider the conviction record of the applicant, to determine whether the applicant's conviction record disqualifies him or her for the position before the applicant is certified for the position.
230.16
(2)
Competitive examinations
The selection process for a position in the civil service
shall be free and open to all applicants who have fulfilled the preliminary requirements stated in the
examination
position
announcement. To assure that all applicants have a fair opportunity to compete,
examinations
competitive procedures
shall be
held at such times and places as, in the judgment of the director,
scheduled in a manner that
most nearly meet the convenience of applicants and needs of the service
, as determined by the director
.
230.16
(3)
The director may appoint boards of
examiners
evaluators
of at least 2 persons
, one of which is selected by the bureau and one of which is a representative of the appointing authority,
for the purpose of conducting oral
examinations
evaluations
as a part of the
examination
hiring
procedure for certain positions. All
board members
evaluators
shall be well-qualified and impartial. All questions asked and answers made in any
examination of applicants
oral evaluation
shall be recorded and made a part of the
records of the applicants
applicant's records
.
Section
34
.
230.16 (4) of the statutes is amended to read:
230.16
(4)
All
examinations
selection criteria
, including minimum training and experience requirements, for positions in the classified service shall be job-related in compliance with appropriate validation standards and shall be subject to the approval of the
administrator
director
. All relevant experience, whether paid or unpaid, shall satisfy experience requirements.
230.16
(5)
In the interest of sound personnel management, consideration of applicants
,
and service to agencies, the director may set a standard for proceeding to subsequent steps in
an examination
the selection process
, provided that all applicants are fairly treated and due notice has been given.
The standard may be at or above the passing point set by the director for any portion of the examination.
The director shall utilize appropriate scientific techniques and procedures in administering the selection process, in rating the results of
examinations
any evaluations used in the selection process,
and in determining the relative ratings of the competitors.
230.16
(6)
If any applicant is unable to complete
the examination
an evaluation that is used in the selection process
in the form presented to the applicant due to a disability, the bureau shall provide
a reader, an appropriate place to take the examination or other similar prerequisites
necessary accommodations
to ensure equality of opportunity in the
examination
selection process
.
Section
37
.
230.16 (7) of the statutes is renumbered 63.08 (1) (fm), and 63.08 (1) (fm) 1. (intro.) and 2., as renumbered, are amended to read:
63.08
(1)
(fm) 1. (intro.) A preference shall be given to those veterans and to those spouses of veterans specified in
subds.
subd.
1.
to 6.
a. to f.
who gain eligibility on any competitive employment register and who do not currently hold a permanent appointment or have mandatory restoration rights to a permanent appointment to any position. A preference means the following:
2. An applicant who is certified for a position after receiving a preference under
par. (a) 4., 5. or 6.
subd. 1. d., e., or f.
and who is appointed to that position may not obtain a preference under
par. (a) 4., 5. or 6.
subd. 1. d., e., or f.
for any other civil service position for which the applicant subsequently applies.
Section
38
.
230.16 (7m) (b) 4. of the statutes is amended to read:
230.16
(7m)
(b) 4.
The examination
The appointing authority has not extended interviews
for the position
is a written, nonessay examination that is scored by a machine
or filled the position at the time the application is received
.
Section
41
.
230.16 (10) of the statutes is amended to read:
230.16
(10)
Every reasonable precaution shall be taken to prevent any unauthorized person from gaining any knowledge of the nature or content of
the
examinations
competitive procedures in the selection process
that is not available to every applicant.
230.16
(11)
Records of
examinations, including a transcript or recorded tape of oral examinations, given under this subchapter
applicants
shall be retained for at least one year. Inspection of such records shall be regulated by rules of the director.
230.17
(1)
The director shall provide by rule, the conditions, not otherwise provided by law, under which an
applicant
eligible
may be refused
examination or reexamination, or an eligible refused
certification. These conditions shall be based on sufficient reason and shall reflect sound technical personnel management practices and those standards of conduct, deportment
,
and character necessary and demanded to the orderly, efficient
,
and just operation of the state service.
230.17
(2)
If the director refuses
to examine an applicant, or after an examination
to certify an eligible, as provided in this section, the director, if requested by the applicant so rejected within 10 days of the date of receipt of the notice of rejection, shall give the applicant a full and explicit statement of the exact cause of such refusal
to examine or
to certify. Applicants may appeal to the commission the decision of the director to refuse to
examine or
certify under s. 230.44 (1) (a). Upon request of an applicant or an eligible for a civil service position who has a disability, the department of health services shall obtain from the director a detailed description of all duties entailed by such position and shall determine and report its findings to the director, as to the ability of the applicant, or eligible, to perform the duties of such position. Such findings shall be conclusive as to the qualifications of any applicant, or eligible, so examined. A notice of rejection shall notify an applicant or eligible of his or her rights under this subsection.
230.18
Discrimination prohibited.
No question in any form of application or in any
examination
evaluation used in the hiring process
may be so framed as to elicit information concerning the partisan political or religious opinions or affiliations of any applicant nor may any inquiry be made concerning such opinions or affiliations and all disclosures thereof shall be discountenanced except that the director may evaluate the competence and impartiality of applicants for positions such as clinical chaplain in a state institutional program. No discriminations may be exercised in the recruitment, application,
examination
or hiring process against or in favor of any person because of the person's political or religious opinions or affiliations or because of age, sex, disability, race, color, sexual orientation, national origin
,
or ancestry except as otherwise provided.
Section
48
.
230.19 (3) of the statutes is repealed.
230.21
(1)
Subject to s. 230.275, the director may, to meet the needs of the service, establish separate recruitment
, examination
and certification procedures for filling positions in unskilled labor and service classes.
230.21
(2)
The director may designate classifications in which applicants are in critically short supply and may develop such recruitment
, examination
and certification processes as will provide agencies with prompt certification when qualified applicants can be found, provided that due notice has been given and proper competitive standards have been maintained.
230.21
(3)
The director shall designate classifications in prison industries in the department of corrections as critical positions requiring expeditious hiring and shall develop such recruitment
, examination
and certification processes as will provide the department with prompt certification when qualified applicants can be found, provided that due notice has been given and proper competitive standards have been maintained.
230.213
Affirmative action procedures for corrections positions.
The director may, to meet affirmative action objectives, establish such recruitment
, examination
and certification procedures for positions in the department of corrections as will enable the department of corrections to increase the number of employees of a specified gender or a specified racial or ethnic group in those positions. The director shall design the procedures to obtain a work force in the department of corrections that reflects the relevant labor pool. The director may determine the relevant labor pool from the population of the state or of a particular geographic area of the state, whichever is more appropriate for achieving the affirmative action objective.
230.24
(1)
The administrator may by rule develop a career executive program that emphasizes excellence in administrative skills in order to provide agencies with a pool of highly qualified executive candidates, to provide outstanding administrative employees a broad opportunity for career advancement
,
and to provide for the mobility of such employees among the agencies and units of state government for the most advantageous use of their managerial and administrative skills. To accomplish the purpose of this program, the director may provide policies and standards for recruitment,
examination,
probation, employment register control, certification, transfer, promotion
,
and reemployment, and the director may provide policies and standards for classification and salary administration, separate from procedures established for other employment. The administrator shall determine the positions which may be filled from career executive employment registers.
Section
54m
.
230.24 (2) of the statutes is amended to read:
230.24
(2)
A vacancy in a career executive position may be filled through
An appointing authority shall fill a vacancy in a career executive position using
an open competitive
examination, a competitive promotional examination or by restricting competition to employees in career executive positions in order to achieve and maintain a highly competent work force in career executive positions
process
, with due consideration given to affirmative action.
The appointing authority shall consider the guidelines under s. 230.19 when deciding how to fill a vacancy under this paragraph.
230.25
(1)
Appointing authorities shall give written notice to the director of any vacancy to be filled in any position in the classified service. The director shall certify, under this subchapter and the rules of the director, from the register of eligibles appropriate for the kind and type of employment, the grade and class in which the position is classified, any number of names at the head thereof. In determining the number of names to certify, the director shall use statistical methods and personnel management principles that are designed to maximize the number of certified names that are appropriate for filling the specific position vacancy. Up to 2 persons considered for appointment 3 times and not selected may be removed from the register for each 3 appointments made.
Certification under this subsection shall be made before granting any preference under s. 230.16 (7).
230.25
(1g)
For every position to be filled by promotion from a promotional register, the director shall, after
After
certifying names under sub. (1),
the director shall
additionally certify the
name
names
of the
3
highest ranked disabled
veteran
veterans
whose disability is at least
70%
70 percent and the 3 highest ranked individuals each of whom is the spouse of a disabled veteran whose disability is at least 70 percent
.
Section
57m
.
230.25 (1m) of the statutes is renumbered 230.25 (1m) (intro.) and amended to read:
230.25
(1m)
(intro.) After certifying names under sub. (1),
additional names
the director
shall
be certified in rank order of those who with the combination of veterans preference points awarded under s. 230.16 (7) and examination score earn a total score equal to or higher than the lowest score of those certified on the basis of examination only. The number of veterans or spouses of veterans added to the list may not exceed the number of names certified under sub. (1).
additionally certify the names of all of the following:
Section
57p
.
230.25 (1m) (a) to (d) of the statutes are created to read:
230.25
(1m)
(a) The 3 highest ranked veterans.
(b) The 3 highest ranked disabled veterans who are not certified under par. (a).
(c) The 3 highest ranked individuals each of whom is an unremarried spouse of a veteran who was killed in action.
(d) The 3 highest ranked individuals each of whom is an unremarried spouse of a veteran who died of a service-connected disability.
230.25
(2)
(a) When certifying names to appointing authorities under this section, the director shall specify whether the certification includes qualifying veterans or persons the hiring of whom would serve affirmative action purposes, without divulging the names of those individuals.
The director shall not disclose any applicant's test score, with or without the addition of veterans preference points under s. 230.16 (7), to the appointing authority.
Section
60m
.
230.25 (2) (am) of the statutes is created to read:
230.25
(2)
(am) If a veteran is included on a certification list and if the minimum qualifications and the skills, abilities, competencies, and knowledge of the veteran and any other applicant being interviewed for the position are equal, the appointing authority shall give a preference to the veteran for the position.
230.25
(2)
(b) Unless otherwise provided in this subchapter or the rules of the director, appointments shall be made by appointing authorities to all positions in the classified service from among those certified to them in accordance with this section. Appointments shall be made within
60
30
days after the date of certification unless an exception is made by the director. If an appointing authority does not make an appointment within
60
30
days after certification, he or she shall immediately report in writing to the director the reasons therefor. If the director determines that the failure to make an appointment is not justified under the merit system, the director shall issue an order directing that an appointment be made.
Section
62
.
230.25 (3) (a) of the statutes is amended to read:
230.25
(3)
(a) Subject to par. (b), the term of eligibility on
original entrance and promotional
registers is 6 months and thereafter the register expires but may be reactivated by the administrator for up to 3 years from the date of the establishment of the register.
Except as provided in ss. 230.28 and 230.34, the eligibility of individuals for reinstatement is 5 years and the eligibility of individuals for restoration is 3 years.
230.26
(2)
If there are urgent reasons for filling a vacancy in any position in the classified service and the director is unable to certify to the appointing authority, upon requisition by the latter, a list of persons eligible for appointment from an appropriate employment register, the appointing authority may nominate a person to the director
for noncompetitive examination
. If the nominee is certified by the director as qualified, the nominee may be appointed provisionally to fill the vacancy until an appointment can be made from a register established after announcement of competition for the position, except that no provisional appointment may be continued for more than 45 working days after the date of certification from the register. Successive appointments may not be made under this subsection. This subsection does not apply to a person appointed to a vacant position in the classified service under s. 230.275.
Section
64
.
230.26 (4) of the statutes is amended to read:
230.26
(4)
Fringe benefits specifically authorized by statutes, with the exception of deferred compensation plan participation under subch. VII of ch. 40, worker's compensation, unemployment insurance, group insurance, retirement, and social security coverage, shall be denied employees hired under this section. Such employees may not be considered permanent employees and do not qualify for tenure, vacation, paid holidays, sick leave, performance awards, or the right to compete in promotional
examinations
processes
.
230.28
(1)
(a) All original and all promotional appointments to permanent, sessional and seasonal positions, with the exception of those positions designated as supervisor or management under s. 111.81, in the classified service shall be for a probationary period of
6 months
one year
, but the director at the request of the appointing authority
and in accordance with the rules related thereto
may extend any such period for a maximum of
3
12
additional months. Dismissal may be made at any time during such periods. Upon such dismissal, the appointing authority shall report to the director and to the employee removed, the dismissal and the reason therefor. The director may remove an employee during the employee's probationary period if the director finds, after giving notice and an opportunity to be heard, that such employee was appointed as a result of fraud or error.
Section
66m
.
230.28 (1) (am) of the statutes is amended to read:
230.28
(1)
(am) All probationary periods for employees in supervisory or management positions are one year
unless waived after 6 months under par. (c). The waiver under par. (c) may be exercised for an employee in a supervisory position only if the employee has successfully completed a supervisory development program under s. 230.046 (2)
, but the director at the request of the appointing authority may extend any such period for a maximum of 12 additional months
. However, persons who transfer or are reinstated to supervisory or management positions consistent with conditions under sub. (4) and who had previously obtained permanent status in class in a supervisory or management position prior to the transfer or reinstatement shall serve a probationary period in accordance with sub. (4).
230.28
(1)
(c) Upon request by the appointing authority, the director may waive any portion of
the
a
lengthened probationary period but in no case before a
6-month
one-year
probationary period has been served.
Section
69
.
230.28 (6) of the statutes is repealed.
Section
70
.
230.31 (1) (intro.) of the statutes is amended to read:
230.31
(1)
(intro.) Any person who has held a position and obtained permanent status in a class under the civil service law and rules and who has separated from the service
before the effective date of this subsection .... [LRB inserts date],
without any delinquency or misconduct on his or her part but owing to reasons of economy or otherwise shall be granted the following considerations:
Section
72
.
230.31 (3) of the statutes is created to read:
230.31
(3)
Any person who has held a position and obtained permanent status in class under the civil service law and rules and who is laid off on or after the effective date of this subsection .... [LRB inserts date], is eligible for reinstatement in a position having a comparable or lower pay rate or range for which such person is qualified for a 3-year period from the date of the layoff.
230.32
(4)
Any person appointed to fill the position of an employee on such military or civilian leave shall be designated as a substitute or replacement employee and upon the return and reemployment of the original employee the substitute employee shall be transferred to a similar position with the same employing agency if one is available, or if not, he or she shall be eligible for reinstatement or have the right of restoration in accordance with
this subchapter and
the rules of the director. The status of any person who is appointed to fill the place of an employee on military or civilian leave under this section shall be governed by the rules of the director pursuant thereto.
Section
73
.
230.34 (1) (a) of the statutes is renumbered 230.34 (1) (a) (intro.) and amended to read:
230.34
(1)
(a) (intro.) An employee with permanent status in class or an employee who has served with the state as an assistant district attorney or an assistant state public defender for a continuous period of 12 months or more may be removed, suspended without pay, discharged, reduced in base pay
,
or demoted only for just cause.
It is just cause to remove, suspend without pay, discharge, reduce the base pay of, or demote an employee for work performance or personal conduct that is inadequate, unsuitable, or inferior, as determined by the appointing authority, but only after imposing progressive discipline that complies with the administrator's standards under s. 230.04 (13m). It is just cause to remove, suspend without pay, discharge, reduce the base pay of, or demote an employee without imposing progressive discipline for any of the following conduct:
Section
74
.
230.34 (1) (a) 1. to 9. of the statutes are created to read:
230.34
(1)
(a) 1. While on duty, harassing a person.
2. While on duty, intentionally inflicting physical harm on another person.
3. While on duty, being intoxicated or under the influence of a controlled substance, as defined in s. 961.01 (4), or a controlled substance analog, as defined in s. 961.01 (4m).
4. While on duty, being in possession of a controlled substance, as defined in s. 961.01 (4), or a controlled substance analog, as defined in s. 961.01 (4m), without a prescription.
5. Falsifying records of the agency.
6. Theft of agency property or services with intent to deprive an agency of the property or services permanently, theft of currency of any value, felonious conduct connected with the employee's employment with the agency, or intentional or negligent conduct by an employee that causes substantial damage to agency property.
7. A conviction of an employee of a crime or other offense subject to civil forfeiture, while on or off duty, if the conviction makes it impossible for the employee to perform the duties that the employee performs for the agency.
8. Misuse or abuse of agency property, including the intentional use of the agency's equipment to download, view, solicit, seek, display, or distribute pornographic material.
9. A serious violation of the code of ethics established by the director under s. 19.45 (11) (a), as determined by the director.
Section
75
.
230.34 (1) (am) of the statutes is amended to read:
230.34
(1)
(am) If an employee fails to report for work as scheduled or to contact his or her supervisor, the appointing authority may discipline the employee. If an employee fails to report for work as scheduled, or to contact his or her supervisor for a minimum of
5 consecutive
3
working days
during a calendar year
, the appointing authority shall consider the employee's position abandoned and may discipline the employee or treat the employee as having resigned his or her position. If the appointing authority decides to treat the position abandonment as a resignation, the appointing authority shall notify the employee in writing that the employee is being treated as having effectively resigned as of the end of the last day worked.
Section
75m
.
230.34 (2) (intro.) of the statutes is amended to read:
230.34
(2)
(intro.) Employees with permanent status in class in permanent, sessional and seasonal positions in the classified service and employees serving a probationary period in such positions after promotion or transfer may be laid off because of a reduction in force due to a stoppage or lack of work or funds or owing to material changes in duties or organization
but only after all original appointment probationary and limited term employees in the classes used for layoff, are terminated
.
Section
76
.
230.34 (2) (a) of the statutes is amended to read:
230.34
(2)
(a)
The
An appointing authority shall determine the
order of layoff of such employees
may be determined by seniority or
primarily based on job
performance
or a combination thereof or by other factors
, and thereafter, in accordance with the rules of the director, on disciplinary records, seniority, and ability
.
230.34
(2)
(b) The director shall promulgate rules governing layoffs and appeals therefrom and alternative procedures in lieu of layoff to include voluntary and involuntary demotion
and the exercise of a displacing right to a comparable or lower class
, as well as the subsequent employee
right of restoration or
eligibility for reinstatement.
230.35
(3)
(d) Employees of the state are entitled to reasonable paid leaves of absence to compete in promotional
examinations and interviews
evaluations
. The administrator shall promulgate rules governing the lengths of time allowable for such leaves, their frequency and the provisions for their use.
230.37
(1)
In cooperation with appointing authorities the administrator shall establish an employee performance evaluation program to provide a continuing record of employee development and, when applicable, to serve as a basis for pertinent personnel actions.
Under the employee performance evaluation program established under this subsection, the administrator shall require each appointing authority to conduct at least an annual performance evaluation of each employee appointed by the appointing authority.
Similar evaluations shall be conducted during the probationary period but may not infringe upon the authority of the appointing authority to retain or dismiss employees during the probationary period.
Section
80
.
230.40 (3) of the statutes is repealed.
Section
81
.
230.43 (1) (title) of the statutes is amended to read:
230.43
(1)
(title)
Obstruction
Hiring process; obstruction
or falsifications
of examinations
.
Section
82
.
230.43 (1) (a) of the statutes is renumbered 230.43 (1) (intro.) and amended to read:
230.43
(1)
(intro.) Any person who
willfully
, alone or in cooperation with one or more persons,
defeats
does any of the following is, for each offense, guilty of a misdemeanor:
(am) Willfully defeats
, deceives or obstructs any person in respect of the rights of
examination
application
or registration under this subchapter or any rules prescribed pursuant thereto
, or
.
Section
83
.
230.43 (1) (b) of the statutes is amended to read:
230.43
(1)
(b)
Who willfully,
Willfully
or corruptly, falsely marks, grades, estimates
,
or reports upon
the examination
an application or resume,
or proper standing of any person
examined
evaluated
, registered
,
or certified, pursuant to this subchapter, or aids in so doing
, or
.
Section
84
.
230.43 (1) (c) of the statutes is amended to read:
230.43
(1)
(c)
Who willfully
Willfully
or corruptly makes any false representations concerning the same, or concerning
the person examined, or
an applicant.
Section
85
.
230.43 (1) (d) of the statutes is amended to read:
230.43
(1)
(d)
Who willfully
Willfully
or corruptly furnishes any person any special or secret information for the purpose of either improving or injuring the prospects or chances of any persons so
examined
evaluated
, registered
,
or certified, being appointed, employed
,
or promoted
, or
.
Section
86
.
230.43 (1) (e) of the statutes is amended to read:
230.43
(1)
(e)
Who personates
Personates
any other person, or permits or aids in any manner any other person to personate him or her in connection with any
examination,
registration, application
,
or request to be
examined
evaluated
or registered
, shall for each offense be guilty of a misdemeanor
.
230.43
(5)
Taxpayers' suits.
The right of any taxpayer to bring any action to restrain the payment of compensation to any person appointed to or holding any office or place of employment in violation of this subchapter shall not be limited or denied by reason of the fact that the office or place of employment has been classified as, or determined to be, not subject to
a
competitive
examination
hiring process
; however, any judgment or injunction in any such action shall be prospective only, and shall not affect payments already made or due to such persons by the proper disbursing officers, in accordance with the rules of the administrator in force at the time of such payments.
Section
88
.
230.44 (1) (c) of the statutes is amended to read:
230.44
(1)
(c)
Demotion, layoff, suspension or discharge.
If an employee has permanent status in class, or an employee has served with the state as an assistant district attorney or an assistant state public defender for a continuous period of 12 months or more, the employee may appeal a demotion, layoff, suspension, discharge or reduction in base pay to the commission as the final step in the state employee grievance
procedure
process
established under s.
230.04 (14)
230.445
, if the appeal alleges that the decision was not based on just cause.
Section
89
.
230.44 (1) (e) of the statutes is amended to read:
230.44
(1)
(e)
Discretionary performance awards.
This subsection does not apply to decisions of an appointing authority relating to discretionary performance awards under s. 230.12 (5)
or under the discretionary merit award program established under s. 230.04 (19)
, including the evaluation methodology and results used to determine the award or the amount awarded.
Section
90
.
230.445 of the statutes is created to read:
230.445
Grievance process for demotion, suspension, discharge, layoff, or reduction in base pay.
(1)
In this section:
(a) "Adverse employment decision" means a decision to demote, layoff, suspend without pay, discharge, or reduce the base pay of an employee.
(b) "Employee" means an employee who has obtained permanent status in class or an employee who has served with the state as an assistant district attorney or an assistant state public defender for a continuous period of 12 months or more.
(2)
An employee may file a complaint under this section concerning the application of a law, rule, or policy to an adverse employment decision against the employee. If an employee does not file a complaint or an appeal by an applicable deadline under sub. (3), the employee waives his or her right to appeal the adverse employment decision under this subchapter.
(3)
(a) 1. To commence the grievance process for an adverse employment action, an employee shall file a complaint with the employee's appointing authority challenging the adverse employment decision against the employee no later than 14 days after the employee becomes aware of, or should have become aware of, the decision that is the subject of the complaint.
2. An appointing authority, or his or her designee, who receives a timely complaint under subd. 1. shall conduct any investigation he or she considers necessary, meet with with the employee in person, and issue a decision, in writing, not later than 14 days after the date of which the appointing authority, or his or her designee, received the employee's complaint. If the appointing authority does not issue a written decision within 15 days after receiving the employee's complaint, the employee may appeal to the administrator under par. (b).
(b) 1. If an appointing authority does not find in favor of the employee under par. (a), the employee may appeal the appointing authority's decision by filing a complaint with the administrator. The employee may not file a complaint under this subdivision later than 14 days after the date of the appointing authority's decision.
2. If the administrator receives a timely complaint under subd. 1., the administrator shall review the complaint and the appointing authority's written decision, and shall issue a decision, in writing, no later than 30 days after the date the employee filed a complaint with the administrator. If the administrator does not issue a written decision within 31 days after receiving the employee's complaint, the employee may appeal to the commission under par. (c).
(c) 1. An employee or an appointing authority may appeal a decision issued by the administrator under par. (b) by filing an appeal with the commission. The employee or appointing authority may not file an appeal with the commission under this paragraph later than 14 days after receiving the administrator's decision. Within 10 days of receiving an appeal, the commission shall determine whether all procedural requirements were completed properly and in a timely manner. If a procedural requirement was not met by the employee or if the appointing authority's appeal under this paragraph was not made in a timely manner, the commission shall dismiss the appeal. If all of the procedural requirements were met, the commission shall hear the appeal under s. 230.44 (4), except that the commission shall issue a decision on the appeal no later than 120 days after the date the appeal is filed with the commission.
2. To ensure that the commission issues its decision no later than 120 days after an appeal is filed under this paragraph, all of the following apply to a hearing before the commission for an appeal under this paragraph:
a. The parties shall participate in a pre-hearing conference no later than 20 days after the filing of the appeal. The commission shall set the date of the hearing at the pre-hearing conference.
b. Discovery shall be completed no later than 60 days after the appeal is filed.
c. The commission shall rule on all motions no later than 30 days before the date of the hearing.
d. The commission may only grant an extension to a deadline provided in this subdivision for extraordinary circumstances. The commission may not grant an extension beyond the 120-day limit for issuing its decision.
e. Continuances of the hearing may be granted only in extraordinary circumstances, as determined by the commission.
Section
91
.
321.65 (3) (g) of the statutes is amended to read:
321.65
(3)
(g)
Veterans preferences.
The right of a person to reemployment under this subsection does not entitle the person to retention, preference, or displacement rights over any person who has a superior claim under s. 45.03 (4), 62.13 (4) (d), 63.08 (1) (f)
or (fm)
, 63.37, 63.39 (2m), 66.0509 (1), 230.15 (2m), 230.16
(7) or
(7m), 230.21 (1m), 230.25, or 230.275.
[
2015 Wisconsin Act 55
] Section 9101 (5n) (a) In this subsection, "agency" means
the board of commissioners of public lands; the educational communications board; the department of financial institutions; the government accountability board; the higher educational aids board; the state historical society; the public service commission; the department of safety and professional services; the state fair park board; the department of tourism
any agency within the executive branch of state government, other than the Board of Regents of the University of Wisconsin System and the technical college system board
.
[
2015 Wisconsin Act 55
] Section 9101 (5n) (b)
The
By January 1, 2017, the
department of administration shall consult with each agency and develop a plan for assuming responsibility for services relating to human resources
,
. By January 1, 2017, the department of administration shall also consult with the board of commissioners of public lands, the educational communications board, the department of financial institutions, the government accountability board, the higher educational aids board, the state historical society, the public service commission, the department of safety and professional services, the state fair park board, and the department of tourism and develop a plan for assuming responsibility for services related to
payroll, finance, budgeting, procurement, and information technology for
any agency
these agencies
. The department of administration shall include in
the
each
plan which services would be provided to each agency, which positions would be deleted or transferred, and the number and type of positions and associated funding that would be provided to the department of administration.
[
2015 Wisconsin Act 55
] Section 9101 (5n) (c) The secretary of administration shall submit
a plan
plans
developed under paragraph (b) to the joint committee on finance for approval under section 13.10 of the statutes no later than March 1,
2016
2017
, for implementation beginning July 1,
2016
2017
.
Section
94
.
Nonstatutory provisions.
(1)
Study of certain aspects of the state civil service system.
(a) The administrator of the division of personnel management in the department of administration and the director of the bureau of merit recruitment and selection in the department of administration shall jointly review all of the following:
1. The classifications for all positions in the classified service of the state service. In reviewing the classifications, they shall consider the feasibility of reducing the number of classifications, as well as establishing a new system of classification, in order to increase administrative efficiency and better meet the needs of the state civil service.
2. The Wisconsin Human Resources Handbook.
3.
The compensation plan under section 230.12 (1) of the statutes.
4. The feasibility of requiring all agencies within the executive branch of state government, other than the Board of Regents of the University of Wisconsin, to use electronic personnel files.
5. The feasibility of requiring all agencies within the executive branch of state government, other than the Board of Regents of the University of Wisconsin, to use a uniform personnel evaluation system.
(b) The administrator and director shall submit their findings under paragraph (a) no later than January 1, 2017, to the governor
and to the chief clerk of each house of the legislature for distribution to the legislature under section 13.172 (2) of the statutes
. The administrator shall also submit any requested changes to the compensation plan under section 230.12 (1) of the statutes that result from the joint review under paragraph (a) 3. to the joint committee on employment relations no later than January 1, 2017.
Section
95
.
Initial applicability.
(1)
Information about conviction record.
The creation of section 230.16 (1) (ap) of the statutes first applies to an application for employment in the civil service submitted on the effective date of this subsection.
(2m)
Hiring preferences for veterans and spouses of veterans.
The treatment of section 230.25 (1g) of the statutes, the creation of section 230.25 (1m) (a) to (d) and (2) (am) of the statutes, and the renumbering and amendment of sections 230.16 (7) and 230.25 (1m) of the statutes first apply to a position that is posted on the effective date of this subsection.
(3)
Mandatory review of personnel file.
The creation of section 230.15 (7) of the statutes first applies to an offer of employment made on the effective date of this subsection.
(4)
Probationary periods.
The treatment of section 230.28 (1) (a), (am), and (c) of the statutes first applies to a probationary period that begins on the effective date of this subsection.
(5)
Standards for adverse employment actions against employees.
The treatment of section 230.34 (1) (a) and (am) of the statutes and the creation of section 230.34 (1) (a) 1. to 9. of the statutes first apply to employee discipline for conduct that occurs on the effective date of this subsection.
(6)
Grievance process for adverse employment actions against employees.
The treatment of section 230.44 (1) (c) of the statutes and the creation of section 230.445 of the statutes first apply to an adverse employment action, as defined in section 230.445 (1) (a) of the statutes, as created by this act, taken against an employee on the effective date of this subsection.
(7)
Reinstatement privileges; separation from the classified service to fill an elective position.
The treatment of section 230.40 (3) of the statutes first applies to a person who separates from the classified service on the effective date of this subsection.
Section
96
.
Effective dates.
This act takes effect on July 1, 2016, except as follows:
(1)
Study of the state civil service system. Section
94 (1) of this act takes effect on the day after publication.
(2)
Shared services plans.
The treatment of
2015 Wisconsin Act 55
, section
9101 (5n) (a)
, (b), and (c)
takes effect on the day after publication.
