Effective date note
NOTE: Subd. 3g. is shown as renumbered from s. 230.08 (2) (e) 9. and amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA.
Effective date note
NOTE: Subd. 9. is renumbered subd. 3g. and amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA.
230.08(2)(f)
(f) All legislative officers and, in addition, policy research personnel, assistants to legislators, research staff assigned to legislative committees and party caucuses and other persons employed under
s. 13.20.
230.08(2)(fe)
(fe) The state auditor and personnel of the legislative audit bureau.
230.08(2)(fm)
(fm) The director and personnel of the legislative fiscal bureau.
230.08(2)(fo)
(fo) The director and personnel of the legislative council staff.
230.08(2)(fs)
(fs) All deputies of department secretaries appointed under
s. 15.04 (2) and executive assistants to department secretaries appointed under
s. 15.05 (3), including those appointed by the attorney general, the adjutant general, the director of the technical college system and the state superintendent of public instruction.
230.08(2)(g)
(g) One stenographer appointed by each elective executive officer, and one deputy or assistant appointed by each elective executive officer except the attorney general and superintendent of public instruction.
230.08(2)(h)
(h) The clerks and other assistants and employes and justices of the supreme court.
230.08(2)(i)
(i) The judges, clerks and other assistants and employes of the court of appeals.
230.08(2)(jm)
(jm) The employes of the lower Wisconsin state riverway board.
230.08(2)(k)
(k) Persons employed by the university of Wisconsin system whose employment is a necessary part of their training, student assistants or student hourly help as provided under
s. 36.05 (6).
230.08(2)(L)
(L) One deputy of the head of any of the following agencies:
230.08(2)(m)
(m) One executive assistant of the commission chairperson of each of the following agencies:
230.08(2)(n)
(n) Court reporters employed by the circuit court.
230.08(2)(o)
(o) The executive director and other employes of the judicial commission.
230.08(2)(p)
(p) All employes of the investment board, except blue collar and clerical employes.
230.08(2)(q)
(q) The state public defender and staff attorney positions in the office of the state public defender.
230.08(2)(r)
(r) All employes appointed by the lieutenant governor.
230.08(2)(s)
(s) The director, sales manager and 3 sales representatives of prison industries in the department of corrections.
230.08(2)(sg)
(sg) Deputy district attorney and assistant district attorney positions in the office of district attorney.
230.08(2)(t)
(t) All employes of the office of the state superintendent of public instruction.
230.08(2)(u)
(u) Psychiatric residents employed in an educational training program by the department of health and family services.
230.08(2)(v)
(v) Not more than 5 bureau directors in the department of regulation and licensing.
230.08(2)(w)
(w) The program director for crime victims compensation and victim and witness services in the department of justice.
230.08(2)(we)
(we) Professional staff members of the educational communications board authorized under
s. 39.13 (2).
230.08(2)(wm)
(wm) The executive director of the elections board.
230.08(2)(x)
(x) The executive director of the waste facility siting board.
230.08(2)(xg)
(xg) The executive secretary of the board of commissioners of public lands.
230.08(2)(y)
(y) The director and staff assistant of the federal-state relations office of the department of administration.
230.08(2)(yn)
(yn) The executive secretary and staff of the Kickapoo reserve management board.
230.08(2)(yz)
(yz) The staff of the Wisconsin sesquicentennial commission.
230.08(2)(z)
(z) All other officers and employes of the state whose positions are expressly excluded from the classified service by statute or whose positions cannot be placed under the classified service because of the restrictions placed on them by statute.
230.08(3)(a)(a) The classified service comprises all positions not included in the unclassified service.
230.08(3)(b)
(b) Employes holding permanent or sessional classified service positions in the legislative branch shall have the same legal status as employes holding permanent classified service positions in the administrative branch.
230.08(3)(e)
(e) School-year positions in the classified service shall be designated as permanent positions.
230.08(4)(a)(a) The number of administrator positions specified in
sub. (2) (e) includes all administrator positions specifically authorized by law to be employed outside the classified service in each department, board or commission and the historical society. In this paragraph, "department" has the meaning given under
s. 15.01 (5), "board" means the educational communications board, investment board, public defender board, gaming board and technical college system board and "commission" means the public service commission. Notwithstanding
sub. (2) (z), no division administrator position exceeding the number authorized in
sub. (2) (e) may be created in the unclassified service.
230.08(4)(b)
(b) Notwithstanding
sub. (2) (e), no appointing authority may assign the functions enumerated in this paragraph to be supervised in whole or in part by a division administrator in the unclassified service:
230.08(4)(b)1.
1. Functions of the department of revenue relating to income, franchise, sales or excise tax administration.
230.08(4)(b)2.
2. Functions of the department of justice relating to criminal investigations, except for controlled substance criminal investigations.
230.08(4)(b)3.
3. Any function of the department of employe trust funds.
230.08(4)(b)4.
4. Functions of the public service commission relating to scheduling and conducting public hearings.
230.08(4)(c)
(c) Any proposal of a board, department or commission, as defined in
par. (a) and
s. 15.01 (5), or of the historical society, for a change in the number of positions enumerated in
sub. (2) (e), before being submitted to the legislature, shall first be submitted by the board, department or commission or by the historical society for a separate review by the department of administration and by the secretary. The department of administration's review shall include information on the appropriateness of the proposed change with regard to a board's, department's, commission's or society's current or proposed internal organizational structure under
s. 15.02 (4). The secretary's review shall include information on whether the existing classified or existing or proposed unclassified division administrator position involved is or would be assigned to pay range 1-18 or above in schedule 1, or a comparable level, of the compensation plan under
s. 230.12. The results of these reviews shall be provided by the department of administration and by the secretary to the joint committee on finance and the joint committee on employment relations at the same time that the board's, department's, commission's or society's proposal is presented to either committee.
230.08(7)
(7) Exceptional employment situations. The administrator shall provide, by rule, for exceptional methods and kinds of employment to meet the needs of the service during periods of disaster or national emergency, and for other exceptional employment situations such as to employ the mentally handicapped, the physically handicapped and the disadvantaged.
230.08(8)
(8) Auditing of payrolls. The secretary shall audit the payrolls of the classified and unclassified service, as necessary, to carry out this subchapter.
230.08 History
History: 1971 c. 40,
270;
1973 c. 333,
335;
1977 c. 29,
187;
1977 c. 196 ss.
34,
108,
130 (5);
1977 c. 272,
418,
449; Stats. 1977 s. 230.08;
1979 c. 34,
189,
221,
356,
361;
1981 c. 20,
347,
374;
1983 a. 27 ss.
1605o to
1609am,
2200 (15);
1983 a. 189 s.
329 (27);
1983 a. 371,
378;
1985 a. 29;
1987 a. 27,
119,
204,
354,
399,
403;
1989 a. 31,
107,
119,
122,
169,
208,
219,
336;
1991 a. 39,
250,
269;
1993 a. 16,
349,
399;
1995 a. 27 ss.
6245 to
6277m,
9126 (19) and
9130 (4);
1995 a. 216.
230.08 Annotation
Administrative agency may not issue rule that is not expressly or impliedly authorized by statute. Limiting eligibility lists of applicants for civil service positions on the basis of race or sex is not authorized by (7). State v. DILHR, 77 W (2d) 126, 252 NW (2d) 353.
230.08 Annotation
Investment board employe hired in the classified service whose position was changed to unclassified by subsequent legislative action had a property interest in the position entitling him to continued civil service protections after the reclassification. Bahr v. State Investment Bd. 186 W (2d) 379, 521 NW (2d) 152 (Ct. App. 1994).
230.09(1)(1) The secretary shall ascertain and record the duties, responsibilities and authorities of, and establish grade levels and classifications for, all positions in the classified service. Each classification so established shall include all positions which are comparable with respect to authority, responsibility and nature of work required. Each classification shall be established to include as many positions as are reasonable and practicable. In addition, each class shall:
230.09(1)(b)
(b) Be designated by the same official generic title. The official titles of classes so established shall be used in all reports and payrolls and in all estimates requesting the appropriation of money to pay employes.
230.09(1)(c)
(c) Be so constituted that the same evaluated grade level within a pay schedule can be applied to all positions in the class under similar working conditions.
230.09(1)(d)
(d) Where practical, be included in a series to provide probable lines of progression.
