1997 - 1998 LEGISLATURE
ASSEMBLY AMENDMENT 1,
TO 1997 ASSEMBLY BILL 790
March 24, 1998 - Offered by Representative Musser.
230.15 (1) of the statutes is amended to read:
Appointments to, and promotions in,
the classified service,
shall be 5
made only according to merit and fitness, which shall be ascertained so far as 6
practicable by competitive examination. The administrator may waive competitive 7
examination for appointments made under sub. subs.
(1m) and (2) and shall waive
8competitive examination for appointments made under sub. (2m)
If a vacancy occurs in a position in the classified service and the 11
administrator is notified by an appointing authority that the position is to be filled 12
by a disabled veteran under s. 230.275, the administrator shall waive all competition 13
requirements for filling the position.".
230.21 (1) of the statutes is amended to read:
230.21 (1) The Subject to s. 230.275, the
administrator may, to meet the needs 4
of the service, establish separate recruitment, examination and certification 5
procedures for filling positions in unskilled labor and service classes.
230.22 (3) The Subject to s. 230.275, the
administrator may establish separate 8
recruitment, evaluation and certification procedures for certain entry professional 9
positions. Vacancies in entry professional positions may be limited to persons with 10
a degree from an institution of higher education, as defined in s. 108.02 (18), or a 11
degree under an associate degree program, as defined in s. 38.01 (1).".
230.25 (5) of the statutes is created to read:
Notwithstanding sub. (2) (a), if an appointing authority elects to 15
appoint a disabled veteran to a vacant position on a noncompetitive basis under s. 16
230.275 and the appointing authority has requested a certification for the position, 17
the administrator shall provide the appointing authority the names of all disabled 18
veterans certified for appointment to the position and who satisfy the condition 19
specified in s. 230.275 (1) (a) and the names of all such disabled veterans who are on 20
any other employment register that is identified by the appointing authority.
If there are urgent reasons for filling a vacancy in any position in 23
the classified service and the administrator is unable to certify to the appointing 24
authority, upon requisition by the latter, a list of persons eligible for appointment
from an appropriate employment register, the appointing authority may nominate 2
a person to the administrator for noncompetitive examination. If the nominee is 3
certified by the administrator as qualified, the nominee may be appointed 4
provisionally to fill the vacancy until an appointment can be made from a register 5
established after announcement of competition for the position, except that no 6
provisional appointment may be continued for more than 45 working days after the 7
date of certification from the register. Successive appointments may not be made 8
under this subsection. This subsection does not apply to a person appointed to a
9vacant position in the classified service under s. 230.275.
230.27 (2) The Subject to s. 230.275, the
administrator may provide by rule for 12
the selection and appointment of a person to a project position.
14230.275 Noncompetitive appointment of certain disabled veterans.
Whenever a vacancy occurs in a position in the classified service that is 16
determined by the administrator to be a nonprofessional position or in an entry 17
professional position under s. 230.22, the appointing authority may appoint a 18
disabled veteran on a noncompetitive basis if all of the following occur:
(a) The disabled veteran has served in the U.S. armed forces and is included 20
on a U.S. armed forces permanent disability list with a disability rating of at least 21
30% or the disabled veteran has been rated by the U.S. department of veterans 22
affairs as having a compensable service-connected disability of at least 30%.
(b) The disabled veteran presents to the appointing authority written 24
documentation from an appropriate department of the federal government certifying 25
the existence and extent of the disability. This certification must have been issued
by the appropriate department of the federal government within the year preceding 2
(c) The appointing authority determines that the disabled veteran is qualified 4
to perform the duties and responsibilities of the position.
(d) The appointing authority notifies the administrator in writing that the 6
position is to be filled with a disabled veteran on a noncompetitive basis.
(e) The disabled veteran does not hold a permanent appointment or have 8
mandatory restoration rights to a permanent appointment.
A disabled veteran appointed to a vacant position under this section need 10
not be certified under this subchapter for appointment to the position.
(a) 1. If an appointing authority elects to appoint a disabled veteran to a 12
vacant position on a noncompetitive basis under sub. (1), the appointing authority 13
shall offer to interview for the position any disabled veteran who has expressed an 14
interest to the appointing authority in applying for the position, who satisfies the 15
condition specified in sub. (1) (a) and who appears to have the skills and experience 16
suitable for performing the duties and responsibilities of the position.
2. If an appointing authority elects to appoint a disabled veteran to a vacant 18
position on a noncompetitive basis under sub. (1) and the appointing authority has 19
requested a certification for the position, the appointing authority shall offer to 20
interview for the position any disabled veteran who is certified for appointment to 21
the position and who satisfies the condition specified in sub. (1) (a).
(b) Except as provided in par. (a), if an appointing authority elects to appoint 23
a disabled veteran to a vacant position on a noncompetitive basis under sub. (1), an 24
appointing authority is not required to interview any other person, including any 25
person certified for appointment to the position.
Nothing in this section shall require an appointing authority to appoint a 2
disabled veteran to a vacant position in the classified service or prohibit an 3
appointing authority from filling a vacant position in the classified service from the 4
list of those persons certified under this subchapter for appointment to the position.".
230.44 (1) (dm) of the statutes is created to read:
(dm) Noncompetitive appointment of certain disabled veterans.
personnel action under s. 230.275 by an appointing authority that is alleged to be 9
illegal or an abuse of discretion. The administrator and the department may not be 10
a party to any such appeal.".
The treatment of sections 230.15 (1) and (2m), 230.21 (1), 230.22 (3), 230.25 14
(5), 230.26 (2), 230.27 (2), 230.275 and 230.44 (1) (dm) takes effect on the first day 15
of the 2nd month beginning after publication.".