SB285-SSA1,27,219 230.34 (1) (am) If an employee fails to report for work as scheduled or to contact
20his or her supervisor, the appointing authority may discipline the employee. If an
21employee fails to report for work as scheduled, or to contact his or her supervisor for
22a minimum of 5 consecutive 3 working days during a calendar year, the appointing
23authority shall consider the employee's position abandoned and may discipline the
24employee or treat the employee as having resigned his or her position. If the
25appointing authority decides to treat the position abandonment as a resignation, the

1appointing authority shall notify the employee in writing that the employee is being
2treated as having effectively resigned as of the end of the last day worked.
SB285-SSA1,77 3Section 77. 230.34 (2) (intro.) of the statutes is amended to read:
SB285-SSA1,27,104 230.34 (2) (intro.) Employees with permanent status in class in permanent,
5sessional and seasonal positions in the classified service and employees serving a
6probationary period in such positions after promotion or transfer may be laid off
7because of a reduction in force due to a stoppage or lack of work or funds or owing to
8material changes in duties or organization but only after all original appointment
9probationary and limited term employees in the classes used for layoff, are
10terminated
.
SB285-SSA1,78 11Section 78. 230.34 (2) (a) of the statutes is amended to read:
SB285-SSA1,27,1612 230.34 (2) (a) The An appointing authority shall determine the order of layoff
13of such employees may be determined by seniority or primarily based on job
14performance or a combination thereof or by other factors , and thereafter, in
15accordance with the rules of the director, on disciplinary records, seniority, and
16ability
.
SB285-SSA1,79 17Section 79. 230.34 (2) (b) of the statutes, as affected by 2015 Wisconsin Act 55,
18is amended to read:
SB285-SSA1,27,2319 230.34 (2) (b) The director shall promulgate rules governing layoffs and
20appeals therefrom and alternative procedures in lieu of layoff to include voluntary
21and involuntary demotion and the exercise of a displacing right to a comparable or
22lower class
, as well as the subsequent employee right of restoration or eligibility for
23reinstatement.
SB285-SSA1,80 24Section 80. 230.35 (3) (d) of the statutes, as affected by 2015 Wisconsin Act 55,
25is amended to read:
SB285-SSA1,28,4
1230.35 (3) (d) Employees of the state are entitled to reasonable paid leaves of
2absence to compete in promotional examinations and interviews evaluations. The
3administrator shall promulgate rules governing the lengths of time allowable for
4such leaves, their frequency and the provisions for their use.
SB285-SSA1,81 5Section 81. 230.37 (1) of the statutes, as affected by 2015 Wisconsin Act 55,
6is amended to read:
SB285-SSA1,28,157 230.37 (1) In cooperation with appointing authorities the administrator shall
8establish an employee performance evaluation program to provide a continuing
9record of employee development and, when applicable, to serve as a basis for
10pertinent personnel actions. Under the employee performance evaluation program
11established under this subsection, the administrator shall require each appointing
12authority to conduct at least an annual performance evaluation of each employee
13appointed by the appointing authority.
Similar evaluations shall be conducted
14during the probationary period but may not infringe upon the authority of the
15appointing authority to retain or dismiss employees during the probationary period.
SB285-SSA1,82 16Section 82. 230.40 (3) of the statutes is repealed.
SB285-SSA1,83 17Section 83. 230.43 (1) (title) of the statutes is amended to read:
SB285-SSA1,28,1918 230.43 (1) (title) Obstruction Hiring process; obstruction or falsifications
19of examinations.
SB285-SSA1,84 20Section 84. 230.43 (1) (a) of the statutes is renumbered 230.43 (1) (intro.) and
21amended to read:
SB285-SSA1,28,2422 230.43 (1) (intro.) Any person who willfully, alone or in cooperation with one
23or more persons, defeats does any of the following is, for each offense, guilty of a
24misdemeanor:
SB285-SSA1,29,3
1(am) Willfully defeats, deceives or obstructs any person in respect of the rights
2of examination application or registration under this subchapter or any rules
3prescribed pursuant thereto, or.
SB285-SSA1,85 4Section 85. 230.43 (1) (b) of the statutes is amended to read:
SB285-SSA1,29,85 230.43 (1) (b) Who willfully, Willfully or corruptly, falsely marks, grades,
6estimates, or reports upon the examination an application or resume, or proper
7standing of any person examined evaluated, registered, or certified, pursuant to this
8subchapter, or aids in so doing, or.
SB285-SSA1,86 9Section 86. 230.43 (1) (c) of the statutes is amended to read:
SB285-SSA1,29,1210 230.43 (1) (c) Who willfully Willfully or corruptly makes any false
11representations concerning the same, or concerning the person examined an
12applicant, or.
SB285-SSA1,87 13Section 87. 230.43 (1) (d) of the statutes is amended to read:
SB285-SSA1,29,1714 230.43 (1) (d) Who willfully Willfully or corruptly furnishes any person any
15special or secret information for the purpose of either improving or injuring the
16prospects or chances of any persons so examined evaluated, registered, or certified,
17being appointed, employed, or promoted, or.
SB285-SSA1,88 18Section 88. 230.43 (1) (e) of the statutes is amended to read:
SB285-SSA1,29,2219 230.43 (1) (e) Who personates Personates any other person, or permits or aids
20in any manner any other person to personate him or her in connection with any
21examination, registration, application, or request to be examined evaluated or
22registered, shall for each offense be guilty of a misdemeanor.
SB285-SSA1,89 23Section 89. 230.43 (5) of the statutes, as affected by 2015 Wisconsin Act 55,
24is amended to read:
SB285-SSA1,30,9
1230.43 (5) Taxpayers' suits. The right of any taxpayer to bring any action to
2restrain the payment of compensation to any person appointed to or holding any
3office or place of employment in violation of this subchapter shall not be limited or
4denied by reason of the fact that the office or place of employment has been classified
5as, or determined to be, not subject to a competitive examination hiring process;
6however, any judgment or injunction in any such action shall be prospective only, and
7shall not affect payments already made or due to such persons by the proper
8disbursing officers, in accordance with the rules of the administrator in force at the
9time of such payments.
SB285-SSA1,90 10Section 90. 230.44 (1) (c) of the statutes is amended to read:
SB285-SSA1,30,1711 230.44 (1) (c) Demotion, layoff, suspension or discharge. If an employee has
12permanent status in class, or an employee has served with the state as an assistant
13district attorney or an assistant state public defender for a continuous period of 12
14months or more, the employee may appeal a demotion, layoff, suspension, discharge
15or reduction in base pay to the commission as the final step in the state employee
16grievance procedure process established under s. 230.04 (14) 230.445, if the appeal
17alleges that the decision was not based on just cause.
SB285-SSA1,91 18Section 91. 230.44 (1) (e) of the statutes is amended to read:
SB285-SSA1,30,2319 230.44 (1) (e) Discretionary performance awards. This subsection does not
20apply to decisions of an appointing authority relating to discretionary performance
21awards under s. 230.12 (5) or under the discretionary merit award program
22established under s. 230.04 (19)
, including the evaluation methodology and results
23used to determine the award or the amount awarded.
SB285-SSA1,92 24Section 92. 230.445 of the statutes is created to read:
SB285-SSA1,31,2
1230.445 Grievance process for demotion, suspension, discharge,
2layoff, or reduction in base pay.
(1) In this section:
SB285-SSA1,31,43 (a) "Adverse employment decision" means a decision to demote, layoff, suspend
4without pay, discharge, or reduce the base pay of an employee.
SB285-SSA1,31,75 (b) "Employee" means an employee who has obtained permanent status in class
6or an employee who has served with the state as an assistant district attorney or an
7assistant state public defender for a continuous period of 12 months or more.
SB285-SSA1,31,12 8(2) An employee may file a complaint under this section concerning the
9application of a law, rule, or policy to an adverse employment decision against the
10employee. If an employee does not file a complaint or an appeal by an applicable
11deadline under sub. (3), the employee waives his or her right to appeal the adverse
12employment decision under this subchapter.
SB285-SSA1,31,17 13(3) (a) 1. To commence the grievance process for an adverse employment action,
14an employee shall file a complaint with the employee's appointing authority
15challenging the adverse employment decision against the employee no later than 14
16days after the employee becomes aware of, or should have become aware of, the
17decision that is the subject of the complaint.
SB285-SSA1,31,2418 2. An appointing authority, or his or her designee, who receives a timely
19complaint under subd. 1. shall conduct any investigation he or she considers
20necessary, meet with with the employee in person, and issue a decision, in writing,
21not later than 14 days after the date of which the appointing authority, or his or her
22designee, received the employee's complaint. If the appointing authority does not
23issue a written decision within 15 days after receiving the employee's complaint, the
24employee may appeal to the administrator under par. (b).
SB285-SSA1,32,4
1(b) 1. If an appointing authority does not find in favor of the employee under
2par. (a), the employee may appeal the appointing authority's decision by filing a
3complaint with the administrator. The employee may not file a compliant under this
4subdivision later than 14 days after the date of the appointing authority's decision.
SB285-SSA1,32,105 2. If the administrator receives a timely complaint under subd. 1., the
6administrator shall review the complaint and the appointing authority's written
7decision, and shall issue a decision, in writing, no later than 30 days after the date
8the employee filed a complaint with the administrator. If the administrator does not
9issue a written decision within 31 days after receiving the employee's complaint, the
10employee may appeal to the commission under par. (c).
SB285-SSA1,32,2111 (c) 1. An employee or an appointing authority may appeal a decision issued by
12the administrator under par. (b) by filing an appeal with the commission. The
13employee or appointing authority may not file an appeal with the commission later
14than 14 days after receiving the administrator's decision. Within 10 days of receiving
15an appeal, the commission shall determine whether all procedural requirements
16were completed properly and in a timely manner. If a procedural requirement was
17not met by the employee or if the appointing authority's appeal under this paragraph
18was not made in a timely manner, the commission shall dismiss the appeal. If all of
19the procedural requirements were met, the commission shall hear the appeal under
20s. 230.44 (4), except that the commission shall issue a decision on the appeal no later
21than 120 days after the date the appeal is filed with the commission.
SB285-SSA1,32,2422 2. To ensure that the commission issues its decision no later than 120 days after
23an appeal is filed under this paragraph, all of the following apply to a hearing before
24the commission for an appeal under this paragraph:
SB285-SSA1,33,3
1a. The parties shall participate in a pre-hearing conference no later than 20
2days after the filing of the appeal. The commission shall set the date of the hearing
3at the pre-hearing conference.
SB285-SSA1,33,44 b. Discovery shall be completed no later than 60 days after the appeal is filed.
SB285-SSA1,33,65 c. The commission shall rule on all motions no later than 30 days before the date
6of the hearing.
SB285-SSA1,33,97 d. The commission may only grant an extension to a deadline provided in this
8subdivision for extraordinary circumstances. The commission may not grant an
9extension beyond the 120 day limit for issuing its decision.
SB285-SSA1,33,1110 e. Continuances of the hearing may be granted only in extraordinary
11circumstances, as determined by the commission.
SB285-SSA1,93 12Section 93. 321.65 (3) (g) of the statutes is amended to read:
SB285-SSA1,33,1713 321.65 (3) (g) Veterans preferences. The right of a person to reemployment
14under this subsection does not entitle the person to retention, preference, or
15displacement rights over any person who has a superior claim under s. 45.03 (4),
1662.13 (4) (d), 63.08 (1) (f) or (fm), 63.37, 63.39 (2m), 66.0509 (1), 230.15 (2m), 230.16
17(7) or (7m), 230.21 (1m), 230.25, or 230.275.
SB285-SSA1,94 18Section 94. 2015 Wisconsin Act 55, section 9101 (5n) (a) is amended to read:
SB285-SSA1,34,219[2015 Wisconsin Act 55] Section 9101 (5n) (a) In this subsection, "agency"
20means the board of commissioners of public lands; the educational communications
21board; the department of financial institutions; the government accountability
22board; the higher educational aids board; the state historical society; the public
23service commission; the department of safety and professional services; the state fair
24park board; the department of tourism
any agency within the executive branch of

1state government, other than the Board of Regents of the University of Wisconsin
2System and the technical college system board
.
SB285-SSA1,95 3Section 95 . 2015 Wisconsin Act 55, section 9101 (5n) (b) is amended to read:
SB285-SSA1,34,174[2015 Wisconsin Act 55] Section 9101 (5n) (b) The By January 1, 2017, the
5department of administration shall consult with each agency and develop a plan for
6assuming responsibility for services relating to human resources ,. By January 1,
72017, the department of administration shall also consult with the board of
8commissioners of public lands, the educational communications board, the
9department of financial institutions, the government accountability board, the
10higher educational aids board, the state historical society, the public service
11commission, the department of safety and professional services, the state fair park
12board, and the department of tourism and develop a plan for assuming responsibility
13for services related to
payroll, finance, budgeting, procurement, and information
14technology for any agency these agencies. The department of administration shall
15include in the each plan which services would be provided to each agency, which
16positions would be deleted or transferred, and the number and type of positions and
17associated funding that would be provided to the department of administration.
SB285-SSA1,96 18Section 96. 2015 Wisconsin Act 55, section 9101 (5n) (c) is amended to read:
SB285-SSA1,34,2219[2015 Wisconsin Act 55] Section 9101 (5n) (c) The secretary of administration
20shall submit a plan plans developed under paragraph (b) to the joint committee on
21finance for approval under section 13.10 of the statutes no later than March 1, 2016
222017, for implementation beginning July 1, 2016 2017.
SB285-SSA1,97 23Section 97 . Nonstatutory provisions.
SB285-SSA1,35,224 (1) Study of certain aspects of the state civil service system. (a) The
25administrator of the division of personnel management in the department of

1administration and the director of the bureau of merit recruitment and selection in
2the department of administration shall jointly review all of the following:
SB285-SSA1,35,73 1. The classifications for all positions in the classified service of the state
4service. In reviewing the classifications, they shall consider the feasibility of
5reducing the number of classifications, as well as establishing a new system of
6classification, in order to increase administrative efficiency and better meet the
7needs of the state civil service.
SB285-SSA1,35,88 2. The Wisconsin Human Resources Handbook.
SB285-SSA1,35,99 3. The compensation plan under section 230.12 (1) of the statutes.
SB285-SSA1,35,1010 4. The feasibility of requiring all state agencies to use electronic personnel files.
SB285-SSA1,35,1211 5. The feasibility of requiring all state agencies to use a uniform personnel
12evaluation system.
SB285-SSA1,35,1913 (b) The administrator and director shall submit their findings under paragraph
14(a) no later than January 1, 2017, to the governor and to the chief clerk of each house
15of the legislature for distribution to the legislature under section 13.172 (2) of the
16statutes. The administrator shall also submit any requested changes to the
17compensation plan under section 230.12 (1) of the statutes that result from the joint
18review under paragraph (a) 3. to the joint committee on employment relations no
19later than January 1, 2017.
SB285-SSA1,98 20Section 98. Initial applicability.
SB285-SSA1,35,2521 (1) Hiring preferences for veterans and spouses of veterans. The treatment
22of section 230.25 (1g) of the statutes, the creation of section 230.25 (1m) (a) to (d) and
23(2) (am) of the statutes, and the renumbering and amendment of sections 230.16 (7)
24and 230.25 (1m) of the statutes first apply to a position that is posted on the effective
25date of this subsection.
SB285-SSA1,36,3
1(2) Mandatory review of personnel file. The creation of section 230.15 (7) of
2the statutes first applies to an offer of employment made on the effective date of this
3subsection.
SB285-SSA1,36,64 (3) Probationary periods. The treatment of section 230.28 (1) (a), (am), and (c)
5of the statutes first applies to a probationary period that begins on the effective date
6of this subsection.
SB285-SSA1,36,107 (4) Standards for adverse employment actions against employees. The
8treatment of section 230.34 (1) (a) and (am) of the statutes and the creation of section
9230.34 (1) (a) 1. to 9. of the statutes first apply to employee discipline for conduct that
10occurs on the effective date of this subsection.
SB285-SSA1,36,1511 (5) Grievance process for adverse employment actions against employees.
12The treatment of section 230.44 (1) (c) of the statutes and the creation of section
13230.445 of the statutes first apply to an adverse employment action, as defined in
14section 230.445 (1) (a) of the statutes, as created by this act, taken against an
15employee on the effective date of this subsection.
SB285-SSA1,36,1916 (6) Reinstatement privileges; separation from the classified service to fill
17an elective position.
The treatment of section 230.40 (3) of the statutes first applies
18to a person who separates from the classified service on the effective date of this
19subsection.
SB285-SSA1,99 20Section 99. Effective dates. This act takes effect on July 1, 2016, except as
21follows:
SB285-SSA1,36,2322 (1) Study of the state civil service system. Section 97 (1) of this act takes
23effect on the day after publication.
SB285-SSA1,37,2
1(2) Shared services plans. The treatment of 2015 Wisconsin Act 55, section
29101 (5n) (a), (b), and (c) takes effect on the day after publication.
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