AB790: Bill Text

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB790, s. 1 Section 1. 36.09 (1) (k) 2. b. of the statutes is amended to read:

AB790,3,6 36.09 (1) (k) 2. b. Establish and maintain pay ranges, each of which has a minimum and a maximum rate of pay and, using the job evaluation system developed by the secretary of employment relations, assign the job categories established under subd. 2. a. to those pay ranges. This subd. 2. b. does not apply to appointments under s. 36.13 (4).

AB790, s. 2 Section 2. 36.09 (1) (k) 2. c. of the statutes is repealed.

AB790, s. 3 Section 3. 36.09 (1) (k) 2. d. of the statutes is repealed.

AB790, s. 4 Section 4. 230.14 (1) of the statutes is amended to read:

AB790,4,3 230.14 (1) Recruitment for classified positions shall be an active continuous process conducted in a manner that assures a diverse, highly qualified group of applicants; and shall be conducted, except as provided under sub. (2), on the broadest possible base consistent with sound personnel management practices and an approved affirmative action plan or program. Due consideration shall be given to the provisions of s. 230.19.

AB790, s. 5 Section 5. 230.14 (2) of the statutes is repealed.

AB790, s. 6 Section 6. 230.16 (2) of the statutes is amended to read:

AB790,4,14 230.16 (2) Competitive examinations shall be free and open to all applicants who at the time of application are residents of this state and who have fulfilled the preliminary requirements stated in the examination announcement. To assure that all residents of this state applicants have a fair opportunity to compete, examinations shall be held at such times and places as, in the judgment of the administrator, most nearly meet the convenience of applicants and needs of the service. If a critical need for employes in specific classifications or positions exists, the administrator may open competitive examinations to persons who are not residents of this state.

AB790, s. 7 Section 7. 230.16 (3) of the statutes is amended to read:

AB790,4,21 230.16 (3) The administrator 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 and at least one shall be from outside of the civil service. All questions asked and answers made in any examination of applicants shall be recorded and made a part of the records of the applicants.

AB790, s. 8 Section 8. 230.25 (1) of the statutes is amended to read:

AB790,5,11 230.25 (1) Appointing authorities shall give written notice to the administrator of any vacancy to be filled in any position in the classified service. The administrator shall certify, under this subchapter and the rules of the administrator, from the register of eligibles appropriate for the kind and type of employment, the grade and class in which the position is classified, the 5 any number of names at the head thereof if the register of eligibles is less than 50. If the register is more than 50, the top 10%, with any fraction rounded to the next whole number, up to a maximum of 10 names, shall be certified. In determining the number of names to certify, the administer shall use statistical methods and personnel management principles that are designed to maximize the number of certified names that are appropriate for filling the specific position vacancy. Up to 2 persons considered for appointment 3 times and not selected may be removed from the register for each 3 appointments made. Certification under this subsection shall be made before granting any preference under s. 230.16 (7).

AB790, s. 9 Section 9. 230.25 (3) of the statutes is renumbered 230.25 (3) (a) and amended to read:

AB790,5,19 230.25 (3) (a) The Subject to par. (b), the term of eligibility on original entrance and promotional registers is 6 months and thereafter the register expires but may be reactivated by the administrator for up to 3 years from the date of the establishment of the register. The Except as provided in ss. 230.28 and 230.34, the eligibility of individuals for reinstatement or is 5 years and the eligibility of individuals for restoration is 3 years except as provided in ss. 230.28 and 230.34.

AB790, s. 10 Section 10. 230.25 (3) (b) of the statutes is created to read:

AB790,5,24 230.25 (3) (b) The administrator may allow a register to expire after 3 months, but only after considering the impact of such an action on the policy of this state to provide for equal employment opportunity and to take affirmative action, as specified in s. 230.01 (2).

AB790, s. 11 Section 11. 230.31 (1) (intro.) of the statutes is amended to read:

AB790,6,5 230.31 (1) (intro.)  Any person who has held a position and obtained permanent status in a class under the civil service law and rules and who has separated from the service without any delinquency or misconduct on his or her part but owing to reasons of economy or otherwise shall be granted the following considerations for a 3-year period from the date of such separation:

AB790, s. 12 Section 12. 230.31 (1) (a) of the statutes is amended to read:

AB790,6,9 230.31 (1) (a) Such For a 5-year period from the date of separation, the person shall be eligible for reinstatement in a position having a comparable or lower pay rate or range for which such person is qualified.

AB790, s. 13 Section 13. 230.31 (1) (b) of the statutes is amended to read:

AB790,6,15 230.31 (1) (b) In addition, For a 3-year period from the date of separation, if on layoff status, the person shall be placed, in inverse order of layoff, on an appropriate mandatory restoration register for the unit used for layoff and on a restoration register for the agency from which the person was laid off. Use of such registers shall be subject to the rules of the administrator.

AB790, s. 14 Section 14. 230.33 (1) of the statutes is amended to read:

AB790,7,3 230.33 (1) A person appointed by the governor, elected officer, judicial body or by a legislative body or committee, or by any other appointing authority when both the classified and unclassified positions are within his or her department, shall be granted a leave of absence without pay for the duration of the appointment and for 3 months thereafter, during which time the person has restoration rights to the former position or equivalent position in the department in which last employed without loss of seniority. The person shall also have reinstatement privileges for 3 5 years following appointment to the unclassified service or for one year after termination of the unclassified appointment whichever is longer. Restoration rights and reinstatement privileges shall be forfeited if the reason for termination of the unclassified appointment would also be reason for discharge from the former position in the classified service.

AB790, s. 15 Section 15. 230.35 (1) (g) 2. of the statutes is amended to read:

AB790,7,6 230.35 (1) (g) 2. Left the service through resignation or layoff and is reemployed or recalled within 3 5 years.

AB790, s. 16 Section 16. 230.40 (3) of the statutes is amended to read:

AB790,7,11 230.40 (3) A person who separates from the classified service to fill an elective position shall have reinstatement privileges for 3 5 years following termination from the classified service or for one year following termination from the elective position, whichever is longer.

AB790, s. 17 Section 17. Nonstatutory provisions.

AB790,7,19 (1) Certification evaluation. The department of employment relations shall evaluate the certification procedures developed under section 230.25 (1) of the statutes, as affected by this act, with respect to the impact of the certification procedures on the state's affirmative action policy and the affirmative action plans of state agencies. The department shall submit the results of the evaluation to the legislature, in the manner provided under section 13.172 (2) of the statutes, and to the governor no later than one year after the effective date of this subsection.

AB790, s. 18 Section 18. Initial applicability.

AB790,7,24 (1) Certifications. The treatment of section 230.25 (1) of the statutes first applies to names certified by the administrator of the division of merit recruitment and selection in the department of employment relations on the effective date of this subsection.

AB790,8,4 (2) University of Wisconsin System job categories and pay ranges for academic staff. The treatment of section 36.09 (1) (k) 2. b., c. and d. of the statutes first applies to job categories and pay ranges established on the effective date of this subsection.

AB790,8,8 (3) Reinstatement. The treatment of sections 230.25 (3) (with respect to the eligibility of individuals for reinstatement), 230.31 (1) (intro.), (a) and (b), 230.33 (1), 230.35 (1) (g) 2. and 230.40 (3) of the statutes first applies to any person who is initially eligible for reinstatement on the effective date of this subsection.

AB790,8,9 (End)