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ER-MRS 30.03(1)(1) Career executive candidates may be classified civil service employees or persons from outside of the classified civil service. All candidates shall have demonstrated knowledges and skills acquired through work experience and training which, in the judgment of the administrator, will provide reasonable prospects for success in the type of positions included in the program.
ER-MRS 30.03(2) (2) Emphasis shall be placed on obtaining career executive candidates from within the classified civil service.
ER-MRS 30.03 History History: Cr. Register, March, 1974, No. 219, eff. 4-1-74; am. (1) and (2), (3) renum. from Pers 30.04 (4) and am., Register, February, 1981, No. 302, eff. 3-1-81; CR 01-141: r. (3), Register April 2002 No. 556, eff. 5-1-02.
ER-MRS 30.05 ER-MRS 30.05 Certification. Except as provided in ss. ER-MRS 30.07, 30.08, and 30.11 (2), certification for appointment to a vacant career executive position shall be according to s. 230.25, Stats.
ER-MRS 30.05 History History: Cr. Register, March, 1974, No. 219, eff. 4-1-74; am., (1), r. and recr. (2), r. (3), Register, February, 1981, No. 302, eff. 3-1-81; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466; CR 01-141: renum. (1) to be ER-MRS 30.05, r. (2), Register April 2002 No. 556, eff. 5-1-02.
ER-MRS 30.06 ER-MRS 30.06 Career executive trial period.
ER-MRS 30.06(1)(1) Upon initial appointment to the career executive program, a career executive employee, prior to attaining permanent status, shall serve a 2 year continuous service trial period. However, one year, or any portion thereof, may be waived by the appointing authority at any time after a one year continuous service trial period has been served after both the employee and the administrator have been notified in writing. If an employee transfers to a different agency while serving a trial period, the trial period shall be extended to provide for 6 continuous months of service in the receiving agency. Upon successful completion of the trial period, a career executive employee attains permanent status. Except as provided in sub. (3) and s. ER-MRS 30.11, career executive employees shall be required to complete only one trial period regardless of subsequent movement to other career executive positions, including movement between agencies.
ER-MRS 30.06(3) (3) At the discretion of the appointing authority in the receiving agency, a career executive employee may be required to serve up to a 6 month trial period upon movement between agencies. At any time, during the trial period, the receiving agency may terminate the employee. Upon termination, the employee shall be returned to the sending agency and be restored to the employment status that existed at the time of movement to the receiving agency.
ER-MRS 30.06 History History: Cr. Register, March, 1974, No. 219, eff. 4-1-74; am. (1), Register, September, 1975, No. 237, eff. 10-1-75; am., Register, February, 1981, No. 302, eff. 3-1-81; am. (1) Register, February, 1983, No. 326, eff. 3-1-83; renum. (2) to be ER 30.065, Register, May, 1988, No. 389, eff. 6-1-88; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466; CR 01-141: am. (3), Register April 2002 No. 556, eff. 5-1-02.
ER-MRS 30.07 ER-MRS 30.07 Career executive reassignment.
ER-MRS 30.07(1)(1) Career executive reassignment means the permanent appointment by the appointing authority of a career executive within the agency to a different career executive position at the same or lower classification level for which the employee is qualified to perform the work after being given the customary orientation provided to newly hired workers in such positions.
ER-MRS 30.07(2) (2) When an appointing authority determines that the agency's program goals can best be accomplished by reassigning an employee in a career executive position within the agency to another career executive position in the same or lower classification level for which the employee is qualified, the appointing authority may make such reassignment, provided it is reasonable and proper. All such reassignments shall be made in writing to the affected employee, with the reasons stated therein.
ER-MRS 30.07 History History: Cr. Register, March, 1974, No. 219, eff. 4-1-74; am., Register, February, 1981, No. 302, eff. 3-1-81; r. and recr. (1), Register, February, 1983, No. 326, eff. 3-1-83.
ER-MRS 30.08 ER-MRS 30.08 Career executive transfer. Transfer of career executive employees shall be in accordance with ch. ER-MRS 15, except that where ch. ER-MRS 15 conflicts with this chapter, the provisions of this chapter shall apply. Career executive employment reinstatement and restoration shall be in accordance with s. ER-MRS 30.11.
ER-MRS 30.08 History History: Cr. Register, March, 1974, No. 219, eff. 4-1-74; renum. (1) and am., r. (2), Register, February, 1981, No. 302, eff. 3-1-81; CR 01-141: r. and recr. Register 2002 No. 556, eff. 5-1-02.
ER-MRS 30.10 ER-MRS 30.10 Career executive employee redress rights.
ER-MRS 30.10(1)(1) Career executive program employment grants to each employee thereunder rights and privileges of movement between positions within the program without examination and additional competition. Career executive reassignment and career executive voluntary movement to a position allocated to a classification assigned to a lower or higher pay range shall not be considered a demotion, or a promotion, respectively, and the statutory appeal rights provided thereto shall not apply.
ER-MRS 30.10(2) (2) Career executive reassignment by the appointing authority, as defined under s. ER-MRS 30.07 (1) and referred to in sub. (1), is authorized without limitation. However, an employee with permanent status in the career executive program may appeal the reassignment to the Wisconsin Employment Relations Commission if it is alleged that such reassignment either constitutes an unreasonable and improper exercise of an appointing authority's discretion or is prohibited by s. 230.18, Stats.
ER-MRS 30.10(3) (3) Removal of an employee with permanent status in the career executive program from the career executive program which results in the placement of the employee in a position allocated to a classification assigned to a lower non-career executive pay range is defined as a demotion, and may be appealed.
ER-MRS 30.10(4) (4) Permanent status in the career executive program grants an employee the same redress rights granted employees with permanent status in class under s. 230.44, Stats., except as provided in sub. (1).
ER-MRS 30.10(5) (5) An employee in a career executive position serving a trial period shall have the same right of appeal under s. 230.44, Stats., as an employee who does not have permanent status in class in his or her present position.
ER-MRS 30.10 History History: Cr. Register, March, 1974, No. 219, eff. 4-1-74; am. (1) and (2), r. (3), renum. (4) and (5) to be (3) and (4) and am., Register, February, 1981, No. 302, eff. 3-1-81; am. (2) to (4) and cr. (5), Register, February, 1983, No. 326, eff. 3-1-83; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466; CR 01-141: am. (3), Register April 2002 No. 556, eff. 5-1-02.
ER-MRS 30.105 ER-MRS 30.105 Layoff of career executive employees. Layoff of career executive employees shall be in accordance with ch. ER-MRS 22, except that where ch. ER-MRS 15 conflicts with this chapter, the provisions of this chapter shall apply. Restoration from layoffs shall be in accordance with s. ER-MRS 22.10.
ER-MRS 30.105 History History: Cr. Register, February, 1981, No. 302, eff. 3-1-81; cr. (intro.), am. (2) (intro.), (3) (intro.), (a) and (c), (4) and (5), Register, February, 1983, No. 326, eff. 3-1-83; am. (2) (b), Register, May, 1988, No. 389, eff. 6-1-88; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466; CR 01-141: r. and recr. Register April 2002 No. 556, eff. 5-1-02.
ER-MRS 30.11 ER-MRS 30.11 Employment reinstatement and restoration.
ER-MRS 30.11(1)(1) If the career executive appointment is terminated prior to the time that the employee attains permanent status, the employee shall have the same reemployment rights and eligibility as an employee in a non-career executive position who is terminated prior to completing a probationary period. In addition, an employee with permanent status in a class appointed to a career executive position in an agency referred to as the "trial" agency, which is other than the agency, referred to as the "status" agency, in which the employee was serving with permanent status in class, shall have mandatory restoration rights to a position at or closest to the same or counterpart pay range level in which the employee last achieved permanent status in class, as follows:
ER-MRS 30.11(1)(a) (a) Within the "status" agency, if terminated during the first 6 months of the trial period, and
ER-MRS 30.11(1)(b) (b) Within the "trial" agency, if terminated after the first 6 months of the trial period.
ER-MRS 30.11(2) (2) If the position to which the employee is to be restored has been abolished, the employee shall be given consideration for any other vacant position in the same or counterpart pay range for which the employee is qualified to perform the work after being given the customary orientation provided for newly hired workers. If no such vacant position exists, the employee shall be treated as if he or she had been restored to the previous position and the provisions for making layoffs under ch. ER-MRS 22 shall apply.
ER-MRS 30.11(3) (3) If an employee terminates employment as a career executive under conditions other than those specified in sub. (1), the employee shall have the same reinstatement and restoration status and rights as provided in ch. ER-MRS 16.
ER-MRS 30.11 History History: Cr. Register, March, 1974, No. 219, eff. 4-1-74; am. (1), renum. (2) to be (3) and am., cr. (2), Register, February, 1981, No. 302, eff. 3-1-81; correction in (2) and (3) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466.
ER-MRS 30.99 ER-MRS 30.99 Incumbents of positions placed in the career executive program.
ER-MRS 30.99(1) (1) Each incumbent whose position is placed in the career executive program shall immediately come under the career executive employment provisions.
ER-MRS 30.99(2) (2) Incumbents whose positions are placed in the career executive program shall earn permanent status immediately upon entering the program. However, incumbents serving a probationary period at the time of entry shall not earn permanent status until they successfully complete the probationary period specified in the appointment letter.
ER-MRS 30.99(3) (3) The provisions specified in subs. (1) and (2) shall also apply to persons on authorized leave of absence from positions placed in the career executive program, commencing with their return.
ER-MRS 30.99 History History: Cr. Register, March, 1974, No. 219, eff. 4-1-74; r. (1), renum. (2) to be (1) and am., renum. (3) and (4) to be (2) and (3), Register, February, 1978, No. 266, eff. 3-1-78; am., Register, February, 1981, No. 302, eff. 3-1-81; am. (1), Register, May, 1988, No. 389, eff. 6-1-88; corrections in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466; CR 01-141: am. (1) and (2), Register April 2002 No. 556, eff. 5-1-02.
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