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:
Effective date text (1) The director shall provide by rule, the conditions, not otherwise provided by law, under which an applicant 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) (2) If the director refuses 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 certify. Applicants may appeal to the commission the decision of the director to refuse to 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.
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) 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.
230.17(3) (3) When any position to be filled involves fiduciary responsibility, the appointing authority shall conduct a criminal history background check before offering employment to an applicant for the position. If otherwise permitted by law, the appointing authority may require the appointee to furnish bond or other security, and shall notify the director of the amount and other details thereof. Any surety company authorized to do business in this state shall be a sufficient security on any such bond.
230.17 History History: 1971 c. 270; 1977 c. 196 ss. 42, 130 (5); Stats. 1977 s. 230.17; 1983 a. 453; 1995 a. 27 s. 9126 (19); 1999 a. 87; 2005 a. 350; 2007 a. 20 s. 9121 (6) (a); 2015 a. 55, 150.
230.18 230.18 Discrimination prohibited. No question in any form of application or in any 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, 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.
Effective date note NOTE: This section is shown as amended eff. 7-1-16 by 2015 Wis. Act 150. Prior to 7-1-16 it reads:
Effective date text 230.18Discrimination prohibited. No question in any form of application or in any examination 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.
230.18 History History: 1971 c. 270; 1977 c. 196 s. 43; Stats. 1977 s. 230.18; 1981 c. 112, 391; 1999 a. 87; 2015 a. 55, 150.
230.19 230.19 Promotion. The director shall provide employees with reasonable opportunities for career advancement, within a classified service structure designed to achieve and maintain a highly competent work force, with due consideration given to affirmative action.
Effective date note NOTE: This section is shown as affected eff. 7-1-16 by 2015 Wis. Act 150. Prior to 7-1-16 it reads:
Effective date text 230.19Promotion. (1) The director shall provide employees with reasonable opportunities for career advancement, within a classified service structure designed to achieve and maintain a highly competent work force, with due consideration given to affirmative action.
Effective date text (2) If, in the judgment of the director, the group of applicants best able to meet the requirements for vacancies in positions in the classified service are available within the classified service, the vacancies shall be filled by competition limited to persons in the classified service who are not employed under s. 230.26 or 230.27 and persons with the right of restoration resulting from layoff under s. 230.34 (2), unless it is necessary to go outside the classified service to be consistent with an approved affirmative action plan or program. The director may also limit competition for promotion to the employees of an agency or an employing unit within an agency if the resulting group of applicants would fairly represent the proportion of members of racial and ethnic, gender or disabled groups in the relevant labor pool for the state.
Effective date text (3) A person with the right of restoration resulting from layoff under s. 230.34 (2) may compete only for a position under sub. (2) for which he or she could have competed had the layoff not occurred.
230.19 Cross-reference Cross-reference: See also ch. ER-MRS 14, Wis. adm. code.
230.20 230.20 Recommendations.
230.20(1)(1) Selection of classified state employees shall be based solely on merit and no employment recommendation shall be based on political or religious affiliations or on membership in associations not primarily related to merit in employment.
230.20(2) (2) An appointing authority may consider only those recommendations which he or she believes provide an objective evaluation of an applicant's character, training, experience, skills or abilities as they relate to the requirements for the position.
230.20 History History: 1971 c. 270; 1977 c. 196 s. 45; 1977 c. 273; Stats. 1977 s. 230.20; 1999 a. 102.
230.21 230.21 Unskilled labor and critical recruitment selection.
230.21(1)(1) Subject to s. 230.275, the director may, to meet the needs of the service, establish separate recruitment and certification procedures for filling positions in unskilled labor and service classes.
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 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(1m) (1m)
230.21(1m)(a)(a) If the director uses the method of random certification to determine which applicants for an unskilled labor or service position will receive further consideration for the position, the director shall do all of the following:
230.21(1m)(a)1. 1. Engage in expanded certification by certifying additional names as provided in s. 230.25 (1n).
Loading...
Loading...
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)