Section 230.25. Certification, appointments and registers.

 

(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.

(1g)  After certifying names under sub. (1) , the director shall additionally certify the names of the 3 highest ranked disabled veterans whose disability is at least 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.

(1m)  After certifying names under sub. (1) , the director shall additionally certify the names of all of the following:

(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.

(1n)  

(a) After certifying names under subs. (1) , (1g) and (1m) , the director may engage in expanded certification by doing one or more of the following:

1. Certifying up to 3 names of persons belonging to at least one of one or more specified racial or ethnic groups.

2. Certifying up to 3 names of persons of a specified gender.

3. Certifying up to 3 names of persons with a disability.

(b) The director may certify names under par. (a) 1. or 2. only if an agency requests expanded certification in order to comply with an approved affirmative action plan or program. The director may certify names under par. (a) 3. only if an agency requests expanded certification in order to hire persons with a disability.

(1p)  If an appointing authority appoints a person certified under this section and the person is not a veteran, the spouse of a veteran or a person the hiring of whom would serve affirmative action purposes, the appointing authority shall make and retain a written record of the appointing authority's reasons for selecting the person who was appointed. The appointing authority shall make the written records available to the division and annually submit a report to the division summarizing the reasons contained in the written records. The division shall annually prepare a report summarizing, for each agency, the reasons contained in the records prepared by appointing authorities under this subsection.

(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.

(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.

(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 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 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.

(3)  

(a) Subject to par. (b) , the term of eligibility on 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.

(b) The director may allow a register to expire after 3 months, but only after considering the impact of such an action on the policy of this state to provide for equal employment opportunity and to take affirmative action, as specified in s. 230.01 (2) .

(4)  

(a) The director may establish a new and separate register for a specific position or class only when in the director's judgment there is no appropriate existing register from which appointments may be made.

(b) The director may establish separate registers for various geographic areas of the state if the needs of the service so require, provided proper publicity has been given of the intent to establish such registers.

(5)  Notwithstanding sub. (2) (a) , if an appointing authority elects to appoint a disabled veteran to a vacant position on a noncompetitive basis under s. 230.275 and the appointing authority has requested a certification for the position, the director shall provide the appointing authority the names of all disabled veterans certified for appointment to the position and who satisfy the condition specified in s. 230.275 (1) (a) and the names of all such disabled veterans who are on any other employment register that is identified by the appointing authority.

1971 c. 270 ss. 45 , 48 ; Stats. 1971 s. 16.20; 1977 c. 196 ss. 50 , 115 , 130 (5) , 131 ; 1977 c. 273 ; Stats. 1977 s. 230.25; 1983 a. 27 ; 1985 a. 29 ; 1987 a. 32 ; 1991 a. 101 ; 1997 a. 27 , 307 ; 1999 a. 87 ; 2003 a. 33 ; 2015 a. 55 , 150 . Cross-reference: See also chs. ER-MRS 11 and 12 , Wis. adm. code. The federal civil rights act of 1991 does not prohibit expanded certification under sub. (1n). 80 Atty. Gen. 264 .