This bill makes a number of changes in the program beginning in the 1996-97 school year:
1. The bill allows pupils who reside in the city to attend any private school, whether sectarian or nonsectarian.
2. The bill eliminates the 1.5% enrollment limitation described above but provides that no more than 3,500 pupils in the 1996-97 school year and no more than 5,500 pupils in the 1997-98 school year may participate in the program.
3. The bill eliminates a provision that limits the percentage of a private school's enrollment that may participate in the program to 65%.
4. The bill provides that in the 1995-96 school year, the amount paid per pupil is the same as in the 1994-95 school year. Beginning in the 1996-97 school year, the private school receives that amount, increased by the increase in the consumer price index (CPI), or the private school's operating cost per pupil, whichever is less.
5. The bill provides that the MPS aid reduction described above must come first from aid paid to MPS for its special transfer program, commonly known as chapter 220.
6. Finally, the bill directs DOE, when making the payment, to send a check to the private school that is made out to the pupil's parent or guardian. The parent or guardian must restrictively endorse the check for the use of the private school.
Current law authorizes a school board on its own initiative, or upon receipt of a petition signed by at least 10% of the teachers employed by the school district or by at least 50% of the teachers employed at one school, to contract for the operation of up to 2 schools as charter schools. A charter school is exempt from most laws governing public schools. A school board may not establish a charter school without the approval of the state superintendent, who must approve the first 10 requests for approval and must ensure that charter schools are established in no more than 10 school districts. If the school board acts on its own initiative or if a petition is granted, the school board may contract for the operation of a school as a charter school. The contract must specify the amount that the school district will pay the charter school each year. Charter school employes remain school district employes and may participate in the Wisconsin retirement system.
This bill makes a number of changes in the provisions governing charter schools, including:
1. The bill deletes the requirement for state superintendent approval to establish a charter school, deletes the limit on the number of charter schools that a school board may establish and deletes the 10-school-district limit.
2. The bill deletes a provision that prohibits a school board from spending more per pupil enrolled in a charter school than it spends per pupil enrolled in a public school.
3. The bill provides that a requirement for all charter schools to be nonsectarian in their programs, admission policies, employment practices and other operations does not apply to charter schools established by MPS.
4. The bill deletes the requirement that all charter school personnel be school district employes.
5. The bill authorizes a school board to enter into a contract for the operation of a charter school that results in the conversion of a private school to a charter school. Current law prohibits a school district from entering into such a contract.
This bill authorizes MPS to contract with nonprofit, private schools or agencies located in the city of Milwaukee to provide educational programs to pupils enrolled in grades kindergarten to 12. The bill allows pupils enrolled in MPS to attend, at no charge, any private school or agency with which the board has contracted. The board must establish educational standards for pupil performance for each contracting private school and agency.
This bill authorizes the MPS board to contract with any person to manage or operate one or more schools. The bill also authorizes the MPS board to close a school that it determines is low in performance by adopting a resolution to that effect. The bill provides that if the board closes a school, or reopens the school, the superintendent of schools may reassign staff members without regard to seniority in service.
This bill directs the secretary of education to reorganize the 12 cooperative educational service agencies (CESAs) into 15 CESAs, effective on July 1, 1997. Each reorganized CESA is coterminous with a technical college district, except that reorganized CESA no. 5 is coterminous with the territory of 2 technical college districts and except that the school board of a school district that is located in more than one technical college district must select the reorganized CESA in which the school district will participate.
The bill adds 2 members to each technical college district board: one member of the board of control of the CESA that is located in the district and one employe of a school district or CESA who represents a school-to-work program. Both are appointed by the board of control.
The bill also adds members to each CESA board of control: one member of the technical college district board of the technical college district located in the CESA and a representative of each University of Wisconsin System institution and center that is located in the agency.
The bill authorizes a CESA to contract with all public and private entities and to apply for state and federal grants for the CESA and on behalf of school districts.
This bill authorizes a school district, as an alternative to the employment of teachers, to contract with any person for the performance of teaching or other educational services by individuals who are licensed by the state superintendent but who are not employes of the school district.
If a school district decides to subcontract work that would otherwise be performed by employes in a collective bargaining unit for which a representative is recognized or certified, and the decision is primarily related to the wages, hours or conditions of employment of employes in the bargaining unit, the school district must first bargain collectively with the representative concerning that decision. See Unified School District No. 1 of Racine County v. Wisconsin Employment Relations Commission, 81 Wis. 2d 89 (1977).
This bill provides that the statutory duties and powers of school boards are to be broadly construed to authorize any action that is within the comprehensive meaning of the terms of the duties and powers, if the action is not prohibited by federal or state law.
With certain exceptions, this bill authorizes DPI, upon request of a school board, to waive any school board or school district requirement in the laws administered by DPI or in the administrative rules promulgated by DPI. Before requesting a waiver, the school board must hold a public hearing in the school district on the issue. In determining whether to grant a waiver, DPI must consider whether the requirement impedes progress toward achieving a local improvement plan under the federal Goals 2000: Educate America Act, and whether the school board has adopted educational goals. A waiver is effective for 4 years and may be renewed for additional 4-year periods.
Under current law, teachers employed at a public school located in Milwaukee County are permanent employes upon the gaining of a 4th contract in the school or school system after a continuous and successful 3-year probation. This bill repeals the permanent employment status provision.
Under current law, each school board must employ a reading specialist, licensed by the state superintendent, to develop and coordinate a comprehensive reading curriculum in grades kindergarten to 12. This bill eliminates the requirement to employ a reading specialist.
Current law requires each school board to administer pupil assessment examinations adopted or approved by the state superintendent to all pupils enrolled in the 8th and 10th grades. A school board may administer additional examinations only if they are aligned with the school district's curriculum. This bill eliminates this latter requirement.
Current law requires MPS to use 67% of certain funds allocated to MPS to provide a mentor teacher program and a peer coaching program, and the balance for school administrator assessment and development. This bill directs MPS to use all of these funds for professional staff development.
This bill authorizes a school board to establish a performance recognition plan that annually allocates at least 2% of the school district's payroll, excluding the cost of fringe benefits, for performance recognition awards to school district employes. If a school board adopts a performance recognition plan, it must establish a committee to develop employe performance standards and a committee to develop a process to review employe performance and make recommendations to each principal regarding award recipients and the amount of each award. The committees are composed of school district employes, school administrators and parents or guardians of pupils enrolled in the school district. The principal of each school determines award recipients and award amounts, subject to the total amount allocated to that school.
Currently, with certain exceptions, governmental bodies are required to provide public notice of their meetings and meet in open session. This bill excludes committees that make recommendations concerning school district performance recognition awards from the application of this law.
Under current law, the general school aid appropriation is a sum certain amount. Beginning in the 1995-96 school year, however, the appropriation is changed to a sum sufficient. The amount appropriated is the amount necessary to ensure that the total amount appropriated as general school aid and minimum aid is sufficient to allow school districts the maximum revenue increase possible under the school district revenue limit, as determined by the joint committee on finance (JCF). This bill maintains the general school aid appropriation as a sum certain amount.
Under the current school aid formula, the guaranteed valuation is the amount of property tax base support that the state guarantees to each pupil. The current formula has 2 levels of state support, a primary guaranteed valuation and a secondary guaranteed valuation. The secondary guaranteed tax base applies to costs above a certain level. Because the secondary guarantee is lower than the main, primary guarantee, it generates less state aid on the costs to which it applies. The dividing point between use of the primary and secondary guarantees is called the primary ceiling cost per member. Currently, the primary ceiling cost per member is set annually at the previous school year's ceiling increased by the percentage change in the CPI.
This bill adds a tertiary level of state support beginning in the 1996-97 school year. Under the bill, the primary ceiling cost per member is $1,000. In the 1996-97 school year, the secondary ceiling cost per member is the 1995-96 primary ceiling cost per member increased by the percentage change in the CPI. Thereafter, the secondary ceiling cost per member is the secondary ceiling cost per member in the previous school year increased by the percentage change in the CPI.
Under current law, a school district may receive minimum state aid in an amount that is based on the district's median household income and the amount of aid that it receives under the school equalization aid formula. The current amount that a school district may receive under the minimum state aid program is a minimum of $175 per pupil and a maximum of $400 per pupil. This bill eliminates the minimum aid program beginning in the 1996-97 school year.
Current law limits the increase in the total amount of revenue that a school district may receive from general school aids and property taxes in the 1993-94 to 1997-98 school years. In the 1993-94 school year, the maximum allowable increase per pupil was $190 or the per pupil revenue amount multiplied by the rate of inflation, whichever was greater. Beginning in the 1994-95 school year, the $190 per pupil amount is adjusted each year by the rate of inflation. The limit is based on the difference between the average of the number of pupils enrolled in the 3 previous school years and the average of the number of pupils enrolled in the current and 2 preceding school years. If a school district exceeds its revenue limits, the state superintendent is required to deduct from the district's general state aid (or other state aids, if necessary) an amount equal to the excess revenue. If these state aids are not sufficient to cover the amount of the excess revenue, the state superintendent must order the school board to reduce the property tax obligations of its taxpayers by an amount that equals the remaining excess revenue after the deduction of state aids. If these property tax obligations are not reduced, any resident in the school district may seek injunctive relief in court. The state superintendent must also make sure that any such reductions in state aid lapse to the general fund and that the amount of the excess revenue is not used in calculating the school district's revenue limit in the following year.
This bill modifies the formula used to compute a school district's revenue limit by expanding the types of school aid under the limit. The bill includes in state aid all current categorical aids to schools that are formula-driven, such as handicapped education aid and pupil transportation aid. The bill does not include those categorical aids that are grant programs.
The bill also makes the revenue limits permanent and freezes the allowable annual increase in revenue per pupil at $194 beginning in the 1995-96 school year.
The bill exempts from the revenue limits those school districts whose base revenue per pupil is less than $5,200 in the 1995-96 school year and $5,500 in each subsequent school year. Base revenue per pupil is determined by calculating the sum of general school aid received in the previous year and property taxes levied for the previous year, less funds expended on school district debt service, and the costs of a county handicapped children's education board program, dividing this amount by the sum of the average of the number of pupils in the 3 previous school years and the number of pupils who are school district residents who are solely enrolled in a special education board program provided by a county handicapped children's education board program in the previous school year, and adding $194 to the quotient.
Finally, if a school district exceeds its revenue limit, the bill provides that the reductions in state aid that lapse to the general fund are to be paid to the school district in the succeeding school year. The school board is required to reduce the school district's property tax levy by an amount that equals the amount that lapsed to the general fund in the prior school year.
Currently, with certain exceptions, no school district may grant to its nonrepresented professional employes for any 12-month period ending on June 30 an average increase in compensation, for all such employes, prior to July 1, 1996, having an average cost per employe of more than 2.1% of the total cost per employe of compensation and fringe benefits provided by the district to its nonrepresented professional employes.
This bill provides, instead, that no school district may grant to its nonrepresented professional employes for any 12-month period ending on June 30 an average increase in compensation, for all such employes, prior to July 1, 1996, having an average cost per employe exceeding the highest average total percentage increased cost per employe of compensation provided by the school district to its represented employes in any collective bargaining unit during either of the 2 most recent 12-month periods ending on June 30 preceding the date that the increase for nonrepresented professional employes becomes effective.
This bill eliminates the reimbursement rates for handicapped education costs and school age parents program costs of 63% for program staff and transportation costs and 51% for the costs of psychologists and social workers. The bill directs that aidable costs be fully reimbursed, subject to the availability of funds.
Under current law, the state provides state aid to school districts to support voluntary efforts by school districts to reduce racial imbalance. Aid is provided for both interdistrict transfer and intradistrict transfer programs. Aid for an intradistrict transfer program is calculated by multiplying the general state aid per pupil in the school district by the number of pupils participating in the program, weighted such that each transfer pupil is counted as an additional 0.325 of a pupil. Interdistrict transfer aid is calculated in such a manner that each transfer pupil continues to be counted as 1.0 pupil in aid by the school district of residence; the gaining school district is paid the per pupil cost of that school district for each transfer pupil or, if such pupils constitute at least 5% of the total enrollment of the gaining school district, 20% more.
Beginning in the 1996-97 school year, this bill provides that the gaining school district is paid, for each interdistrict transfer pupil, the per pupil cost in the gaining school district or $7,000, whichever is less.
The bill also provides that if a school district receives intradistrict transfer aid in the 1995-96 school year, in each subsequent school year its aid may not exceed the amount determined by multiplying the amount per transfer pupil received in the previous school year by the CPI. If a school district does not receive intradistrict aid in the 1995-96 school year, its aid in the first school year in which it receives such aid is calculated as under current law. In each subsequent school year, its aid may not exceed the amount determined by multiplying the amount per transfer pupil received in the previous school year by the CPI.
Current law appropriates money to DPI for the purposes of correcting the academic deficiencies of educationally and economically disadvantaged pupils and achieving a more effective and responsive educational program in MPS. In the 1993-94 school year, the funds were distributed according to a plan developed by the governor and the state superintendent and approved by JCF.
For the 1995-96 school year, this bill directs the MPS school board to submit a proposal for the expenditure of the funds to the governor for his or her approval. In subsequent school years, the governor must submit a proposal to JCF for its approval.
Under current law, DPI awards grants to school districts for various programs, including all of the following:
1. Learning assistance programs.
2. Programs that enhance the instruction of mathematics and science in the elementary grades.
3. Staff development programs.
4. Programs designed to promote the interaction of pupils and teachers with professional scientists, engineers and mathematicians.
5. Human growth and development programs.
This bill eliminates all of the above grant programs.
This bill authorizes DPI and the division of technology management in the department of administration (DOA), which is created by the bill, jointly to award a grant to a school district, or to a school district acting in conjunction with one or more other school districts, cooperative educational service agencies or technical college districts, for the purchase of instructional technology and the cost of providing staff development and training related to instructional technology.
Current law requires the state superintendent to adopt or approve examinations that are designed to measure pupil attainment of knowledge in the 8th and 10th grades. Each school board must administer the examinations to all pupils enrolled in the school district in the 8th and 10th grades. The pupil assessment program expires at the end of the 1997-98 school year.
This bill eliminates the expiration of the program. The bill directs the state superintendent to adopt or approve a 4th grade examination as well, and requires each school board to administer the examination to all pupils enrolled in the school district in the 4th grade beginning in the 1996-97 school year. The bill authorizes school boards to administer the examination in the 1995-96 school year.
Under current law, the term of an employment contract of a school district administrator, business manager or school principal or assistants to such persons may not exceed 2 years and must expire on June 30 of an odd-numbered year.
This bill eliminates the restriction on term length and eliminates the requirement that contracts expire on June 30 of an odd-numbered year. The bill provides that the initial employment contract must be for a term of at least 2 years. The bill also provides that if the employing school board fails to give notice of either renewal of the contract or of refusal to renew the contract at least 4 months before it expires, the contract then in force continues for 2 years.
Current law provides that a pupil may be suspended from school for noncompliance with school rules, or for knowingly conveying any threat or false information concerning an attempt or alleged attempt being made or to be made to destroy any school property by means of explosives, or for conduct while at school or while under the supervision of a school authority that endangers the property, health or safety of others, or for conduct while not at school or while not under the supervision of a school authority that endangers the property, health or safety of others at school or under the supervision of a school authority or endangers the property, health or safety of any employe or school board member of the school district in which the pupil is enrolled.
A school board may expel a pupil from school if it finds that the pupil engaged in any of the conduct described above or finds the pupil guilty of repeated refusal or neglect to obey the rules, and is satisfied that the interest of the school demands the pupil's expulsion.
This bill provides that a pupil may be suspended or expelled for conduct while going to or coming from school that endangers the property, health or safety of others.
Current law requires each school board to provide safe and healthful facilities. This bill requires, in addition, that each school board ensure that facilities, school-related events and school-related transportation be provided in a manner that is completely safe for both pupils and adults.
Current law directs the state superintendent annually to conduct a general on-site audit of at least 10% of all school districts to ensure compliance with the state's educational standards. This bill eliminates this requirement. Instead, the bill directs DPI to conduct an inquiry into compliance with the standards upon receipt of a complaint, and authorizes DPI, on its own initiative, to conduct an audit.
Under current law, the school district administrator and business manager of every school district other than MPS are required to be licensed by the state superintendent. In Milwaukee, prior to July 1, 1995, the school board may appoint a school district administrator who is not licensed. This bill deletes the expiration date for the school district administrator provision in MPS and also authorizes the MPS board to employ a business manager who is not licensed by the state superintendent.
Current law authorizes the state superintendent to maintain a summer school for deaf persons at the school for the deaf and requires a summer school for visually handicapped adults at the school for the visually handicapped. This bill allows the state superintendent to maintain a summer school for visually handicapped minors at the school for the visually handicapped.
Current law directs MPS to establish one or more youth service centers for the counseling of children who are taken into custody for being absent from school without an acceptable excuse. MPS must contract with the Boys and Girls Clubs of Greater Milwaukee for the operation of the centers. Under current law, state funding for the centers is due to expire at the end of the 1994-95 fiscal year. This bill extends the funding through the 1995-96 fiscal year. Beginning on July 1, 1996, the bill provides that MPS may establish such centers. Currently, all other school districts are authorized, but not required, to establish such centers.
The bill also continues state funding, through the 1995-96 school year, for the salaries and fringe benefit costs for up to 4 law enforcement officers in the city of Milwaukee to work in truancy abatement and burglary supression.
Higher education
University of Wisconsin Hospitals and Clinics Authority
This bill creates a public body corporate and politic to be known as the University of Wisconsin Hospitals and Clinics Authority (authority). The board of directors of the authority consists of 5 members nominated by the governor, and with the advice and consent of the senate appointed, for 5-year terms; the president of the board of regents of the University of Wisconsin (UW) System; the chancellor of the UW-Madison; a dean of a UW-Madison health professions school; and the secretary of administration.
The bill requires the authority to negotiate and enter into a lease agreement with the board of regents for the management and operation of the UW Hospitals and Clinics (UWHC). The bill requires that the lease agreement provide for a payment from the authority to the state that is at least equal to the debt service accruing on all bonds issued by the state for the purpose of financing the acquisition, construction or improvement of the leased facilities, or a nominal amount determined by the parties to be necessary to prevent the lease agreement from being unenforceable due to a lack of consideration. The bill also requires that the lease agreement include a provision that requires the authority to conduct its operations in such a way so as to ensure that it will not adversely affect the exclusion of interest on bonds issued by the state from gross income for federal income tax purposes. In addition, the bill requires that the lease agreement include a provision that requires that the board of regents make a payment to the authority equal to the unencumbered balance on June 30, 1996, in the appropriation account for the operating expenses of UWHC.
The authority is granted the power to design, acquire, construct or improve facilities. Unlike most buildings, structures and facilities constructed for the UW System, buildings, structures or facilities constructed for the benefit or use of the authority need not have the approval of the legislature, the building commission or the governor or the board of regents. Construction or improvement projects of the authority must comply with other applicable state laws and regulations, but are generally exempt from municipal ordinances and regulations except for zoning. The authority may construct or improve facilities that are on state-owned land only with the approval of the department of administration (DOA) and, with respect to land that is not under the control of the board of regents, with the approval of the appropriate state agency.
The authority is authorized to adopt bylaws and rules for the regulation of its affairs; to sue and be sued; to have a seal and alter it; to have perpetual existence; to negotiate and enter into leases; to make and execute contracts and other instruments necessary or convenient to the exercise of its powers; to design and construct or improve any authority facility; to procure insurance on its debt obligations; to employ persons and set compensation and other benefits; to enter into contracts with the UW System, subject to certain limitations; and to appoint certain committees.
In addition, the authority is authorized, with any other person, to establish, govern and participate in the operation and financing of any entity that provides health-related services, as well as provide administrative and financial services to any such entity. Such an entity is not subject to state control or oversight and is not required to be subject to authority control or oversight.
Under the bill, the authority is required to submit annually an audited financial statement and a report of the authority's activities and accomplishments to the governor, legislature, secretary of administration and the president of the board of regents; to develop and implement a personnel structure and employment policies; to obtain liability and property insurance; to contract for legal services; and to establish the authority's annual budget and monitor the fiscal management of the authority.
The bill grants the authority the power to issue bonds for any corporate purpose. In order to issue bonds under the bill, the authority must authorize the bond issuance in a bond resolution, specifying certain terms and conditions relating to the bonds. Among other things, the bond resolution may contain provisions regarding: 1) pledging or assigning specified assets or revenues of the authority; 2) setting aside reserves or sinking funds; 3) limitations on the purpose to which or the investments in which the proceeds of a bond issue may be applied; 4) the terms upon which additional bonds may be issued and secured and the terms upon which additional bonds may rank on a parity with, or be subordinate or superior to, other bonds; 5) funding, refunding, advance refunding or purchasing outstanding bonds; 6) procedures for amending any contract with the bondholders; and 7) default provisions. The bond resolution may not provide for a term of more than 30 years and is required to provide that the bonds be payable in the lawful money of the United States. Bonds issued by the authority under the bill are not a debt of the state and do not obligate the state to levy any tax or make any appropriation for payment of the bonds. Under the bill, the state pledges that it will not limit or alter the rights vested in the authority under the bill before the authority has fully performed its contracts and has fully met and discharged its bonds, unless adequate provision is made by law for the protection of bondholders or those persons entering into contracts with the authority. In addition to provisions regarding bond issuance and security, the bill contains a number of other provisions relating to bonds issued by the authority. The bill authorizes certain state funds to be invested in bonds issued by the authority and authorizes certain regulated financial institutions to invest in those bonds. The bill contains provisions regarding the funding and refunding of bonds issued by the authority.
In addition to issuing bonds, the authority may seek financing from, and incur indebtedness to, the Wisconsin Health and Educational Facilities Authority (WHEFA), which provides financing to "health facilities". The bill allows WHEFA to provide financing to the authority. Both issuance of bonds and the incurrence of indebtedness to WHEFA is subject to a dollar limitation. The authority may not incur indebtedness to WHEFA or issue bonds if, after the bonds are issued or the indebtedness is incurred, the amount of all outstanding bonds and indebtedness exceeds $90,000,000. Bonds or indebtedness issued to refund outstanding bonds or indebtedness are not included in calculating compliance with the $90,000,000 limit.
Currently, some employes of the UWHC are employed in the state classified service while others are employed in the unclassified service. Positions in the classified service are publicly advertised and filled in accordance with merit and fitness. All employes receive paid holidays, holiday compensatory time off, paid sick leave, unpaid leaves of absence, military leave, jury service leave, voting leave, retirement benefits and health and other group insurance benefits except that limited term employes do not receive some of these benefits. For employes in the classified service, other than limited term, project, supervisory, managerial and confidential employes, these terms and conditions of employment are subject to modification by any applicable collective bargaining agreement. In addition, employes in the classified service who have successfully completed a probationary period may not be removed, suspended without pay, disciplined, reduced in pay or demoted without just cause. Employes in the classified service who serve in academic staff positions are afforded similar protections during the terms of their contracts (usually one year). The compensation of UWHC employes is established under applicable collective bargaining agreements for represented employes and under the state compensation plan or the UW faculty and academic staff compensation plan, for nonrepresented employes, as recommended by the secretary of employment relations and approved by the joint committee on employment relations, subject to certain individual salary-setting authority granted to the board of regents in the case of unclassified employes.
This bill requires the authority, by July 1, 1996, to offer employment to each person who is employed at the UWHC on June 30, 1996 and authorizes the authority to employ such additional persons as it requires. The bill requires the authority to make decisions about hiring and promoting employes according to merit and fitness. The bill also allows the authority to determine the compensation, vacation, sick leave and other benefits that are to be provided to employes, except that the authority's determination of compensation, vacation, sick leave and other benefits, from July 1, 1996, to June 30, 1997, is subject to: 1) any collective bargaining agreement that covers the employes; 2) the requirement that, for employes of the authority who were employed by UWHC immediately before becoming employes of the authority, the authority must provide compensation and certain benefits at a level that is at least as favorable as that provided to the employes as of the last day of their employment with UWHC or, if applicable, the last day on which a collective bargaining agreement covering the employes is in effect; and 3) the requirement that, for employes of the authority who are not former UWHC employes and are first hired between July 1, 1996, and June 30, 1997, but who are not covered by a collective bargaining agreement, the authority must provide the same rights, benefits and compensation as are provided to former UWHC employes who hold positions at the authority with similar duties and who are not covered by a collective bargaining agreement. The compensation and benefits that must be provided to these employes at this minimum level include paid holidays, holiday compensatory time off, paid sick leave, unpaid leave of absence, military leave, jury service leave, voting leave, retirement benefits and health and other group insurance plans. Finally, under current law employes of UWHC who are involved in the supervision and care of patients must be given hazardous employment pay. This bill requires the authority to provide, until July 1, 1997, hazardous employment pay to employes of the authority involved in the supervision and care of patients.
The bill provides that employes of the authority who were employed by UWHC in the classified service immediately prior to becoming employes of the authority may not be removed, suspended without pay, discharged, reduced in pay or demoted without just cause from July 1, 1996, to June 30, 1997. Employes of the authority who were employed by UWHC in academic staff appointments are granted the same procedural guarantees from July 1, 1996, to June 30, 1997, that they enjoyed while employed by UWHC.
Currently, state employes in the classified service who separate from the service for reasons other than discharge have certain reinstatement rights within 3 years after their separation from the service. In addition to these rights, the bill grants employes of the authority who were employed by UWHC in classified positions certain transfer rights that would be available to them if they were state employes during the period from July 1, 1996, to June 30, 1997. Both rights are accorded subject to any applicable collective bargaining agreement.
Currently, those employes of the UW System who are assigned to UWHC and who hold positions in the classified service, except management employes and confidential employes, are covered under the state employment labor relations act (SELRA). Under SELRA, those employes are expressly guaranteed the right of self-organization and the right to engage in lawful, concerted activities for the purpose of collective bargaining. Collective bargaining is expressly authorized and required exclusively with certified representative organizations in relation to salaries, fringe benefits, hours and conditions of employment, except that supervisors may bargain collectively concerning wages and fringe benefits only. Bargaining is not required on certain subjects reserved to the management and direction of the university, except that procedures for the adjustment of grievances arising out of disciplinary actions are a mandatory subject of bargaining. In addition, bargaining is not permitted regarding the mission of the university. Bargaining units are structured on a statewide basis, with employes performing different functions assigned to different units. Employes in the units have the right to vote in an election conducted by the employment relations commission as to whether there shall be collective bargaining and if so, with which representative. Responsibilities of the state as an employer are handled by the department of employment relations (DER). Unfair labor practices are established, applicable to the state and to labor unions representing employes. The commission adjudicates unfair labor practice complaints and may mediate disputes and arbitrate grievances. Strikes are expressly prohibited. No compulsory means of dispute settlement are provided. "Fair-share" (agency shop) and "maintenance of membership" agreements are authorized whereby the costs of collective bargaining and contract administration may be deducted from the wages of employes under certain conditions.
This bill extends coverage of SELRA to employes of the authority, other than management and confidential employes, who serve in positions that would be included in the classified service if the employes were state employes until July 1, 1997. The employes are included in the same collective bargaining units in which they would be included if they were state employes. On and after July 1, 1997, no employment relations act applies to these employes under the bill. Although the employes may organize and join labor unions, the authority is not required to recognize or bargain collectively with them by statute and no right to exclusive representation exists. The commission has no authority to conduct elections, mediate disputes, arbitrate grievances or adjudicate alleged unfair labor practices involving the employes and their employer. Strikes are not expressly prohibited. While union members may have union dues deducted from their wages by the authority, neither fair-share nor maintenance of membership agreements are permitted.
The bill provides that the authority is a participating employer in the Wisconsin retirement system (WRS) from July 1, 1996, to June 30, 1997. As such, its employes may participate in the WRS and are eligible for other benefits administered by the department of employe trust funds, such as unused sick leave conversion programs, health care coverage, income continuation insurance, life insurance, deferred compensation plan and employe-funded reimbursement accounts during the July 1, 1996, to June 30, 1997, period. The authority is also authorized to elect to become a participating employer in the WRS after June 30, 1997.
Because the authority is not a state agency, numerous laws that are applicable to state agencies do not apply to the authority. However, the authority is considered a state agency for purposes of some laws. The authority is treated like a state agency in the following respects, among others: 1) it must adhere to the open records and open meetings laws; 2) it is subject to auditing by the legislative audit bureau and review of its performance by the joint legislative audit committee; 3) it is subject to the lobbying regulation law to the same extent as state agencies (state agencies are exempted from certain provisions); 4) the members of its board of directors and its chief executive officer are subject to the code of ethics for state public officials and the board is instructed to prescribe a code of ethics for its other employes; 5) it is exempt from the sales and use tax and, with respect to property leased to the authority under the lease agreement, from the property tax; 6) it must pay special assessments for local improvements; 7) it is governed by state minimum wage and hour and family and medical leave laws; 8) it is subject to worker's compensation and unemployment compensation laws; 9) it is subject to the historic preservation law; 10) public employe occupational safety and health laws apply to the authority; 11) it is subject to the law permitting members of the public to make reasonable use of state facilities for civic, social or recreational activities; and 12) it is subject to laws restricting employers from testing employes and prospective employes for human immunodeficiency virus (HIV) or an antibody to HIV.
Under the bill, the authority is governed by procedures currently applicable to UWHC that impose limits on hospital charges.
The authority is unlike a state agency in many other ways, including: 1) it approves its own budget without participation by the governor, DOA, the joint committee on finance (JCF) or the legislature; 2) it may create or abolish its own positions without approval by the governor, JCF or the legislature; 3) it is not subject to statutory rule-making procedures, including requirements for legislative review of proposed rules; 4) it keeps its operating funds in its own accounts outside of the state treasury and invests its funds independently of the investment board, except that it may deposit moneys with the investment board for investment as a part of the local government pooled-investment fund; 5) it is exempt from preaudit or postaudit of its expenditures by DOA; 6) it may accept federal aid directly without approval by the governor; 7) laws requiring minimum wages and hours on public works projects do not apply to construction projects undertaken by the authority; 8) the law requiring environmental impact statements concerning certain proposed actions does not apply to the authority; 9) it is not covered by the public records preservation law; 10) the department of justice does not represent the authority and the authority may instead retain its own counsel (state agencies are not generally authorized to retain their own counsel without the governor's approval); 11) it is not governed by recycling requirements applicable to state agencies; 12) it does not share the state's immunity from most legal actions; 13) it is exempt from rules of DOA governing surveillance of state employes; 14) it is not subject to laws governing state printing; 15) requirements to purchase and store gasohol and alternative fuels do not apply to the authority; 16) it is not subject to laws prohibiting reprisals against employes for disclosure of certain information ("whistle-blowing") or prohibiting political activities by state employes while engaged in official duties; 17) a law prohibiting certain multiple employment or retention by the state does not apply to the authority; 18) interest on bonds issued by the authority is subject to state income tax; and 19) the liability coverage of the state does not cover acts or omissions of its officers, employes and agents.
Concerning procurement, the authority is not covered by the law which requires, with certain exceptions, purchasing by open competitive bidding or negotiated competitive proposals, by the law which requires state agencies in the executive branch to make purchases through DOA nor by requirements to purchase certain computer services from DOA, by laws requiring the purchase of products made from recycled or recovered materials, by requirements to make purchases on the basis of life-cycle costs, by requirements to purchase certain materials from prison industries and work centers for the severely handicapped and to do certain business with minority-owned enterprises, or by the laws requiring payment of interest on late payments to vendors and requiring the purchase of materials procured from Wisconsin-based businesses and materials manufactured in the United States. The authority is subject to nondiscrimination requirements in procurement. Under the bill, the authority may, with the consent of DOA, purchase materials, supplies, equipment or services from the UW System by mutual consent or may enter into cooperative purchasing arrangements with the UW System. Purchases by or through the UW System are generally subject to all state procurement laws.
