230.15 230.15 Appointments, promotions, changes in classified service.
230.15(1)(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 procedures. The director may waive competitive procedures for appointments made under subs. (1m) and (2) and shall waive competitive procedures for appointments made under sub. (2m).
Effective date note NOTE: Sub. (1) is shown as amended eff. 7-1-16 by 2015 Wis. Act 150. Prior to 7-1-16 it reads:
Effective date text (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. The director may waive competitive examination for appointments made under subs. (1m) and (2) and shall waive competitive examination for appointments made under sub. (2m).
230.15(1m) (1m)
230.15(1m)(a)(a) Whenever the state becomes responsible for a function previously administered by another governmental agency or a quasi-public or private enterprise, or when positions in the unclassified service, excluding employees of the legislature, are determined to be more appropriately included in the classified service, the affected positions shall be included in the classified service.
230.15(1m)(b) (b) Whenever a position is included in the classified service under par. (a), the administrator shall determine all of the following:
230.15(1m)(b)1. 1. The classification of the position.
230.15(1m)(b)2. 2. If the incumbent employee is certified under par. (c), the pay, employee benefits and status under s. 230.35 appropriate for the employee.
230.15(1m)(c)1.1. Whenever a position is included in the classified service under par. (a), the director may waive the requirement for competitive procedures under sub. (1) with respect to the position and certify the incumbent employee for appointment to the position in accordance with subd. 2.
Effective date note NOTE: Subd. 1. is shown as amended eff. 7-1-16 by 2015 Wis. Act 150. Prior to 7-1-16 it reads:
Effective date text 1. Whenever a position is included in the classified service under par. (a), the director may waive the requirement for competitive examination under sub. (1) with respect to the position and certify the incumbent employee for appointment to the position in accordance with subd. 2.
230.15(1m)(c)2. 2. The director may certify an incumbent employee as eligible for appointment under subd. 1. if the director determines on the basis of sound personnel management practices that the incumbent is qualified for the position included in the classified service.
230.15(1m)(c)3. 3. If an employee is appointed after being certified under subd. 2., the director shall determine the employee's probationary status under s. 230.28, except that the employee shall receive credit toward his or her probationary period for the time that the employee had been employed in the position immediately prior to appointment.
230.15(2) (2) If a vacancy occurs in a position in the classified service when peculiar and exceptional qualifications of a scientific, professional, or educational character are required, and if presented with satisfactory evidence that for specified reasons competition in such special cases is impracticable, and that the position can best be filled by the selection of some designated person of high and recognized attainments in such qualities, the director may waive competition requirements unless the vacancy is to be filled by promotion.
230.15(2m) (2m) If a vacancy occurs in a position in the classified service and the director is notified by an appointing authority that the position is to be filled by a disabled veteran under s. 230.275, the director shall waive all competition requirements for filling the position.
230.15(3) (3) No person shall be appointed, transferred, removed, reinstated, restored, promoted or reduced in the classified service in any manner or by any means, except as provided in this subchapter.
230.15(4) (4) The director and the Board of Regents of the University of Wisconsin System and the chancellor of the University of Wisconsin-Madison shall enter into a memorandum of understanding to permit employees of the University of Wisconsin System who are appointed to positions in agencies to receive credit for their years of service with the University of Wisconsin System for purposes of transferring continuous service benefits, including accumulated sick leave. The director shall promulgate rules necessary to implement the provisions of the memorandum of understanding.
230.15(6) (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.
Effective date note NOTE: Sub. (6) is created eff. 7-1-16 by 2015 Wis. Act 150.
230.15(7) (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.
Effective date note NOTE: Sub. (7) is created eff. 7-1-16 by 2015 Wis. Act 150.
230.15 History History: 1971 c. 270 ss. 23, 46; Stats. 1971 s. 16.11; 1973 c. 90; 1977 c. 196 ss. 39, 131; Stats. 1977 s. 230.15; 1981 c. 140; 1983 a. 27; 1989 a. 31; 1993 a. 12; 1997 a. 307; 2001 a. 16; 2003 a. 33; 2015 a. 55, 150.
230.16 230.16 Applications and selection processes.
230.16(1) (1)
230.16(1)(a)(a) The director shall require persons applying for a position in the classified service to file an application and resume with the bureau.
Effective date note NOTE: Section 230.16 (title) and par. (a) are shown as amended eff. 7-1-16 by 2015 Wis. Act 150. Prior to 7-1-16 they read:
Effective date text 230.16 Applications and examinations. (1) (a) The director shall require persons applying for admission to any examination under this subchapter or under the rules of the director to file an application with the bureau a reasonable time prior to the proposed examination.
230.16(1)(am) (am) The director may require in connection with the application such supplementary work history, educational transcripts, statements of physicians or others having knowledge of the applicant, as needed for qualification evaluations.
230.16(1)(ap)1.1. 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.
230.16(1)(ap)2. 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.
Effective date note NOTE: Par. (ap) is created eff. 7-1-16 by 2015 Wis. Act 150.
230.16(1)(b) (b) The bureau shall furnish application forms without charge to all persons requesting them.
230.16(2) (2) 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 position announcement. To assure that all applicants have a fair opportunity to compete, competitive procedures shall be scheduled in a manner that most nearly meet the convenience of applicants and needs of the service, as determined by the director.
Effective date note NOTE: Sub. (2) is shown as amended eff. 7-1-16 by 2015 Wis. Act 150. Prior to 7-1-16 it reads:
Effective date text (2) Competitive examinations shall be free and open to all applicants who have fulfilled the preliminary requirements stated in the examination announcement. To assure that all applicants have a fair opportunity to compete, examinations shall be held at such times and places as, in the judgment of the director, most nearly meet the convenience of applicants and needs of the service.
230.16(3) (3) The director may appoint boards of 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 evaluations as a part of the hiring procedure for certain positions. All evaluators shall be well-qualified and impartial. All questions asked and answers made in any oral evaluation shall be recorded and made a part of the applicant's records.
Effective date note NOTE: Sub. (3) is shown as amended eff. 7-1-16 by 2015 Wis. Act 150. Prior to 7-1-16 it reads:
Effective date text (3) The director may appoint boards of examiners of at least 2 persons for the purpose of conducting oral examinations as a part of the examination procedure for certain positions. All board members shall be well-qualified and impartial. All questions asked and answers made in any examination of applicants shall be recorded and made a part of the records of the applicants.
230.16(4) (4) All 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 director. All relevant experience, whether paid or unpaid, shall satisfy experience requirements.
Effective date note NOTE: Sub. (4) is shown as amended eff. 7-1-16 by 2015 Wis. Act 150. Prior to 7-1-16 it reads:
Effective date text (4) All examinations, 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. All relevant experience, whether paid or unpaid, shall satisfy experience requirements.
230.16(5) (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 the selection process, provided that all applicants are fairly treated and due notice has been given. The director shall utilize appropriate scientific techniques and procedures in administering the selection process, in rating the results of any evaluations used in the selection process, and in determining the relative ratings of the competitors.
Effective date note NOTE: Sub. (5) is shown as amended eff. 7-1-16 by 2015 Wis. Act 150. Prior to 7-1-16 it reads:
Effective date text (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, 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 and in determining the relative ratings of the competitors.
230.16(6) (6) If any applicant is unable to complete an evaluation that is used in the selection process in the form presented to the applicant due to a disability, the bureau shall provide necessary accommodations to ensure equality of opportunity in the selection process.
Effective date note NOTE: Sub. (6) is shown as amended eff. 7-1-16 by 2015 Wis. Act 150. Prior to 7-1-16 it reads:
Effective date text (6) If any applicant is unable to complete the examination 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 to ensure equality of opportunity in the examination.
230.16(7) (7)
230.16(7)(a)(a) A preference shall be given to those veterans and to those spouses of veterans specified in subds. 1. to 6. 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:
230.16(7)(a)1. 1. For a veteran, that 10 points shall be added to his or her grade.
230.16(7)(a)2. 2. For a disabled veteran, that 15 points shall be added to his or her grade.
230.16(7)(a)3. 3. For a disabled veteran whose disability is at least 30%, that 20 points shall be added to his or her grade.
230.16(7)(a)4. 4. For the spouse of a disabled veteran whose disability is at least 70%, that 10 points shall be added to the spouse's grade.
230.16(7)(a)5. 5. For the unremarried spouse of a veteran who was killed in action, that 10 points shall be added to the spouse's grade.
230.16(7)(a)6. 6. For the unremarried spouse of a veteran who died of a service-connected disability, that 10 points shall be added to the spouse's grade.
230.16(7)(b) (b) An applicant who is certified for a position after receiving a preference under par. (a) 4., 5. or 6. and who is appointed to that position may not obtain a preference under par. (a) 4., 5. or 6. for any other civil service position for which the applicant subsequently applies.
Effective date note NOTE: Sub. (7) is renumbered s. 63.08 (1) (fm) and amended eff. 7-1-16 by 2015 Wis. Act 150.
230.16(7m) (7m)
230.16(7m)(a)(a) In this subsection, "veteran" means a person who fulfills at least one of the following requirements:
230.16(7m)(a)1. 1. Served on active duty in the U.S. armed forces for at least 180 days, not including training.
230.16(7m)(a)2. 2. Was discharged from the U.S. armed forces because of a disability incurred during active duty or because of a disability that is later adjudicated by the U.S. department of veterans affairs to have been incurred during active duty.
230.16(7m)(a)3. 3. Was honorably discharged from the U.S. armed forces.
230.16(7m)(a)4. 4. Is eligible to receive federal veterans benefits.
230.16(7m)(b) (b) The division shall accept an application after its due date from a veteran if all of the following apply:
230.16(7m)(b)1. 1. The register established on the basis of timely applications was established not more than 60 days before the applicant's separation from the U.S. armed forces.
230.16(7m)(b)2. 2. The register has not expired.
230.16(7m)(b)3. 3. The application was filed not more than 45 days after the applicant's separation from the U.S. armed forces.
230.16(7m)(b)4. 4. The appointing authority has not extended interviews for the position or filled the position at the time the application is received.
Effective date note NOTE: Subd. 4. is shown as amended eff. 7-1-16 by 2015 Wis. Act 150. Prior to 7-1-16 it reads:
Effective date text 4. The examination for the position is a written, nonessay examination that is scored by a machine.
230.16(7m)(c) (c) Within 30 days after acceptance of an application under par. (b), the division shall give the applicant an examination.
Effective date note NOTE: Par. (c) is repealed eff. 7-1-16 by 2015 Wis. Act 150.
230.16(9) (9) The officials in control of state, municipal and county buildings, upon requisition by the director, shall furnish without charge adequate rooms and building services for the administration of examinations.
Effective date note NOTE: Sub. (9) is repealed eff. 7-1-16 by 2015 Wis. Act 150.
230.16(10) (10) Every reasonable precaution shall be taken to prevent any unauthorized person from gaining any knowledge of the nature or content of competitive procedures in the selection process that is not available to every applicant.
Effective date note NOTE: Sub. (10) is shown as amended eff. 7-1-16 by 2015 Wis. Act 150. Prior to 7-1-16 it reads:
Effective date text (10) Every reasonable precaution shall be taken to prevent any unauthorized person from gaining any knowledge of the nature or content of the examinations that is not available to every applicant.
230.16(11) (11) Records of applicants shall be retained for at least one year. Inspection of such records shall be regulated by rules of the director.
Effective date note NOTE: Sub. (11) is shown as amended eff. 7-1-16 by 2015 Wis. Act 150. Prior to 7-1-16 it reads:
Effective date text (11) Records of examinations, including a transcript or recorded tape of oral examinations, given under this subchapter shall be retained for at least one year. Inspection of such records shall be regulated by rules of the director.
230.16 History History: 1971 c. 270 ss. 12, 24, 35 to 37; Stats. 1971 s. 16.12; 1977 c. 196 ss. 40, 111, 130 (5), (6); 1977 c. 272; Stats. 1977 s. 230.16; 1981 c. 26, 140; 1983 a. 148 s. 10; 1983 a. 430, 538; 1987 a. 399; 1989 a. 31; 1991 a. 2, 101; 1997 a. 27, 307; 1999 a. 87, 102; 2003 a. 33; 2015 a. 55, 150.
230.16 Cross-reference Cross-reference: See also ch. ER-MRS 6, Wis. adm. code.
230.16 Annotation A Massachusetts civil service preference for veterans did not deny equal protection to women. Personnel Administrator of Mass. v. Feeney, 442 U.S. 256 (1979).
230.17 230.17 Applicants and eligibles may be barred; bonds may be required.
230.17(1)(1) The director shall provide by rule, the conditions, not otherwise provided by law, under which an eligible may be 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.
Effective date note NOTE: Sub. (1) is shown as amended eff. 7-1-16 by 2015 Wis. Act 150. Prior to 7-1-16 it reads:
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2013-14 Wisconsin Statutes updated through 2015 Wis. Act 392 and all Supreme Court Orders entered before May 10, 2016. Published and certified under s. 35.18. Changes effective after May 10, 2016 are designated by NOTES. (Published 5-10-16)