230.01(1)(1) It is the purpose of this chapter to provide state agencies and institutions of higher education with competent personnel who will furnish state services to citizens as fairly, efficiently and effectively as possible.
230.01(2)
(2) It is the policy of the state and the responsibility of the secretary and the administrator to maintain a system of personnel management which fills positions in the classified service through methods which apply the merit principle, with adequate civil service safeguards. It is the policy of this state to provide for equal employment opportunity by ensuring that all personnel actions including hire, tenure or term, and condition or privilege of employment be based on the ability to perform the duties and responsibilities assigned to the particular position without regard to age, race, creed or religion, color, disability, sex, national origin, ancestry, sexual orientation or political affiliation. It is the policy of this state to take affirmative action which is not in conflict with other provisions of this chapter. It is the policy of the state to ensure its employees opportunities for satisfying careers and fair treatment based on the value of each employee's services. It is the policy of this state to encourage disclosure of information under
subch. III and to ensure that any employee employed by a governmental unit is protected from retaliatory action for disclosing information under
subch. III. It is the policy of this state to correct pay inequities based on gender or race in the state civil service system.
230.01(3)
(3) Nothing in this chapter shall be construed to either infringe upon or supersede the rights guaranteed state employees under
subch. V of ch. 111.
230.01 Annotation
While racial and ethnic classifications are inherently suspect, the goal of achieving a diverse student body in a medical school justifies consideration of race in admissions policy. University of California Regents v. Bakke,
438 U.S. 265 (1978).
230.02
230.02
Liberal construction of statutes. Statutes applicable to the department shall be construed liberally in aid of the purposes declared in
s. 230.01.
230.02 History
History: 1977 c. 196.
230.03
230.03
Definitions. In this chapter, unless the context otherwise requires:
230.03(1)
(1) "Administrator" means the administrator of the division.
230.03(2)
(2) "Affirmative action" means specific actions in employment which are designed and taken for the purposes of all of the following:
230.03(2)(b)
(b) Eliminating a substantial disparity between the proportion of members of racial and ethnic, gender or disabled groups either in job groups within the classified civil service, or in similar functional groups in the unclassified service, and the proportion of members of racial and ethnic, gender or disabled groups in the relevant labor pool.
230.03(2)(c)
(c) Eliminating present effects of past discrimination.
230.03(3)
(3) "Agency" means any board, commission, committee, council, or department in state government or a unit thereof created by the constitution or statutes if such board, commission, committee, council, department, unit, or the head thereof, is authorized to appoint subordinate staff by the constitution or statute, except a legislative or judicial board, commission, committee, council, department, or unit thereof or an authority created under
chs. 231,
232,
233,
234,
235, or
237. "Agency" does not mean any local unit of government or body within one or more local units of government that is created by law or by action of one or more local units of government.
230.03(4)
(4) Except as provided in
s. 230.80 (1m), "appointing authority" means the chief administrative officer of an agency unless another person is authorized to appoint subordinate staff in the agency by the constitution or statutes.
230.03(6)
(6) "Civil service" means all offices and positions of trust or employment in the service of the state, except offices and positions in the organized militia.
230.03(7)
(7) "Collective bargaining agreement", "collective bargaining unit" and other terms relating to collective bargaining for state employees have the meaning set forth for such terms under
subch. V of ch. 111.
230.03(8)
(8) "Commission" means the personnel commission.
230.03(9)
(9) "Department" means the department of employment relations.
230.03(9m)
(9m) "Disabled veteran" means a veteran who has a service-connected disability.
230.03(10)
(10) "Division" means the division of merit recruitment and selection in the department.
230.03(10m)
(10m) "Gender group", when used in connection with affirmative action under this chapter, does not include groups discriminated against because of sexual orientation, as defined in
s. 111.32 (13m).
230.03(10r)
(10r) "Job group" means a set of classifications combined by the department on the basis of similarity in responsibility, pay range and nature of work.
230.03(11)
(11) "Position" means a group of duties and responsibilities in either the classified or the unclassified divisions of the civil service, which require the services of an employee on a part-time or full-time basis.
230.03(12)
(12) "Resident of this state" means a person who, on the date an application under
s. 230.16 (1) is filed:
230.03(12)(a)
(a) Has established a residence, as defined in
s. 6.10 (1), in this state not less than 10 days earlier;
230.03(12)(b)
(b) Has resided in this state for not less than a total of one year out of the immediately preceding 5 years;
230.03(12)(c)
(c) Is eligible to register to vote in this state; or
230.03(13)
(13) "Secretary" means the secretary of the department.
230.03(14)(a)
(a) A person who served on active duty under honorable conditions in the U.S. armed forces and who was entitled to receive any of the following:
230.03(14)(a)1.
1. The armed forces expeditionary medal established by
executive order 10977 on December 4, 1961.
230.03(14)(a)2.
2. The Vietnam service medal established by
executive order 11231 on July 8, 1965.
230.03(14)(b)
(b) A person who served on active duty under honorable conditions in the U.S. armed forces in Bosnia, Grenada, Lebanon, Panama, Somalia or a Middle East crisis under
s. 45.34.
230.03(14)(c)
(c) A person who served on active duty under honorable conditions in the U.S. armed forces for at least one day during a war period, as defined in
s. 45.001 (5) or under section 1 of
executive order 10957 dated August 10, 1961.
230.03(14)(d)
(d) A person who served on active duty under honorable conditions in the U.S. armed forces for 2 continuous years or more or the full period of the person's initial service obligation, whichever is less. A person discharged from the U.S. armed forces for reasons of hardship or a service-connected disability or a person released due to a reduction in the U.S. armed forces prior to the completion of the required period of service shall also be considered a "veteran", regardless of the actual time served.
230.03 History
History: 1971 c. 270;
1973 c. 333;
1977 c. 196 ss.
24,
100;
1977 c. 418;
1981 c. 20,
26;
1983 a. 27 ss.
1604,
2200 (15);
1983 a. 409,
453,
538;
1987 a. 32;
1989 a. 31;
1991 a. 101,
147;
1993 a. 16,
254;
1995 a. 27,
255;
1997 a. 27;
1999 a. 65,
87;
2001 a. 16,
103.
230.04
230.04
Powers and duties of the secretary. 230.04(1)
(1) The secretary is charged with the effective administration of this chapter. All powers and duties, necessary to that end, which are not exclusively vested by statute in the commission, the administrator or appointing authorities, are reserved to the secretary.
230.04(1m)
(1m) The secretary may delegate, in writing, any of his or her functions set forth in this chapter to an appointing authority, within prescribed standards if the secretary finds that the agency has personnel management capabilities to perform such functions effectively and has indicated its approval and willingness to accept such responsibility by written agreement. If the secretary determines that any agency is not performing such delegated function within prescribed standards, the secretary shall forthwith withdraw such delegated function. Subject to the approval of the joint committee on finance, the secretary may order transferred to the department from the agency to which delegation was made such agency staff and other resources as necessary to perform such functions if increased staff was authorized to that agency as a consequence of such delegation or if the department reduced staff or shifted staff to new responsibilities as a result of such delegation. Any delegatory action taken under
s. 230.09 (2) (a) or
(d) or
230.13 (1) by an appointing authority may be appealed to the personnel commission under
s. 230.44 (1) (b). The secretary shall be a party in such an appeal.
230.04(2)
(2) The secretary may utilize the services of technical or specialized personnel to assist in implementing and maintaining a sound personnel management program. These services may be obtained from persons inside or outside of state service.
230.04(3)
(3) The secretary may issue enforceable orders on all matters relating to the administration, enforcement and effect of this chapter and the rules prescribed thereunder except on matters relating to the provisions of
subch. III or to those provisions of
subch. II for which responsibility is specifically charged to the administrator.
230.04(4)
(4) The secretary shall establish and maintain a collective bargaining capability under
s. 111.815 (2).
230.04(5)
(5) The secretary shall promulgate rules on all matters relating to the administration of the department and the performance of the duties assigned to the secretary, except on matters relating to those provisions of
subch. II for which responsibility is specifically charged to the administrator.
230.04(7)
(7) The secretary shall appoint, under the classified service, the staff necessary for performing the duties of the department, including the staff of the division.
230.04(8)
(8) The secretary shall establish an employee performance evaluation program under
s. 230.37 (1).
230.04(9)
(9) The secretary shall do all of the following:
230.04(9)(a)
(a) Establish standards for affirmative action plans to be prepared by all agencies and applied to all employees in and applicants for employment in the unclassified and classified services, except for state officers elected by the people. The standards shall state the time periods within which these plans shall be prepared.
230.04(9)(b)
(b) Review and approve or disapprove any affirmative action plan prepared by an agency to ensure compliance with the standards established under
par. (a), and send any approved affirmative action plan to the governor with comments.
230.04(9)(c)
(c) Monitor, evaluate and make recommendations to each agency to improve its progress toward providing equal opportunity to employees, applicants for employment and clients of the agency.
230.04(9)(d)
(d) Provide each agency with technical assistance in exploring and implementing innovative personnel policies in compliance with standards established under
par. (a).
230.04(9)(e)
(e) Annually, prepare and submit to the governor and the legislature a summary of existing agency affirmative action program accomplishments, including the information obtained from agencies under
sub. (10) (b), future goals and recommended actions.
230.04(9)(em)
(em) Annually, prepare and submit to the governor and the legislature a summary of the progress being made to provide employment opportunities in civil service for veterans under this chapter, including the information obtained from agencies under
sub. (10) (c).
230.04(9)(f)
(f) Establish an affirmative action subunit reporting directly to the secretary. The affirmative action subunit shall advise and assist the secretary, the administrator and agency heads on establishing policies and programs to ensure appropriate affirmative action. The subunit shall advise and assist the secretary in monitoring such programs and shall provide staff to the affirmative action council.
230.04(9r)(a)1.
1. "Independent" means the extent to which persons with disabilities exert control and choice over their own lives.
230.04(9r)(a)2.
2. "Severely disabled employee" means an employee in the classified service with a chronic disability if the chronic disability meets all of the following conditions:
230.04(9r)(a)2.a.
a. It is attributable to a mental or physical impairment or combination of mental and physical impairments.
230.04(9r)(a)2.c.
c. It results in substantial functional limitations in one or more of the following areas of major life activity: self-care; receptive and expressive language; learning; mobility; capacity for independent living; and economic self-sufficiency.
230.04(9r)(b)
(b) The secretary shall keep a record of all of the following:
230.04(9r)(b)1.
1. The number of severely disabled employees and the percentage of severely disabled employees of the total number of employees in the classified service.
230.04(9r)(b)2.
2. The number of severely disabled employees hired in each calendar year and the percentage of severely disabled employees among all persons hired in the classified service in that year.
230.04(10)(a)(a) The secretary may require all agencies and their officers to comply with the secretary's request to furnish current information pertaining to authorized positions, payroll and related items regarding civil service and employment relations functions.
230.04(10)(b)
(b) The secretary shall request from each agency and each agency shall furnish to the secretary relevant racial, ethnic, gender and disability information on every new employee hired by the agency including limited term, project, seasonal and sessional employees. The secretary shall maintain the data to permit a periodic review of the agency's affirmative action plan accomplishments.
230.04(10)(c)
(c) The secretary shall request from each agency and each agency shall furnish to the secretary relevant information regarding the prior military service, if any, of every new employee hired by the agency including limited term, project, seasonal and sessional employees. The secretary shall maintain the data to permit a periodic review of the progress being made to provide employment opportunities in civil service for veterans and disabled veterans.
230.04(11)
(11) The secretary may provide by rule for an understudy program to assure continuity in selected positions.
230.04(12)
(12) The secretary shall keep in the office an official roster of all permanent classified employees which shall include classification titles, pay and employment status changes and appropriate dates thereof.
230.04(13)
(13) The secretary shall do all of the following:
230.04(13)(a)
(a) Establish standards for plans to increase state employment of recipients of aid under
s. 49.19 or benefits under
s. 49.147 (3) to
(5) prepared by agencies under
s. 230.147 (1). The standards shall state the time periods within which these plans shall be prepared.
230.04(13)(b)
(b) Review and approve or disapprove plans prepared under
s. 230.147 (1) to ensure compliance with the standards established under
par. (a).
230.04(13)(c)
(c) Monitor, evaluate and make recommendations to agencies to improve progress toward meeting the goal in
s. 230.147 (1).
230.04(13)(e)
(e) On or before September 30 annually beginning in 1989, prepare and submit to the chief clerk of each house of the legislature for distribution to the legislature under
s. 13.172 (2) a report that includes all of the following information for the fiscal year preceding the date that the report is due:
230.04(13)(e)2.
2. The number of persons receiving aid under
s. 49.19 or benefits under
s. 49.147 (3) to
(5) who were employed by each agency under
s. 230.147 during that fiscal year and the job title or classification of each position filled under
s. 230.147.
230.04(14)
(14) The secretary shall establish, by rule, the scope and minimum requirements of a state employee grievance procedure relating to conditions of employment.
230.04(15)
(15) The secretary shall review and either approve or disapprove each determination by an agency head regarding the classification of a state employee as a protective occupation participant for purposes of the Wisconsin retirement system.
230.04 History
History: 1977 c. 196 ss.
48,
63,
101,
130 (11);
1977 c. 418,
447;
1981 c. 20;
1983 a. 27,
409;
1987 a. 27,
32,
140,
403;
1989 a. 31,
124;
1991 a. 101,
269,
288,
315;
1995 a. 289;
1997 a. 27;
1999 a. 87.
230.04 Cross-reference
Cross Reference: See also
ER, Wis. adm. code.
230.04 Annotation
DER has no authority to control the recruitment process after certification. It was proper to dismiss DER as a party to an action alleging discrimination in failing to hire a candidate who had been certified for the position. Balele v. Wisconsin Personnel Commission,
223 Wis. 2d 739,
589 N.W.2d 418 (Ct. App. 1998).
230.046(1)(1)
Declaration of policy. In order to promote efficiency and economy in the operation of the state government, to provide means for the development of maximum proficiency by employees thereof, to establish and maintain the highest standards of performance in the transaction of the state's business, and to install and utilize effectively the best modern practices and techniques which have been developed, tested and proved, it is necessary and desirable in the public interest that self-improvement be supplemented and extended by state-sponsored training programs. The objective of these programs is to develop skills, knowledge, and abilities which will best qualify state employees for effective performance of their official duties, and to retain skilled and efficient state employees in order to continually improve the quality of public service.
230.046(2)
(2) Supervisory training. After initial appointment to a supervisory position, each appointing authority shall ensure that each classified service supervisor successfully completes a supervisory development program. A waiver of any part of the probationary period under
s. 230.28 (1) (c) may not be granted before completion of the development program. The program shall include such subjects as state personnel policies, grievance handling, discipline, performance evaluation, understanding the concerns of state employees with children, the supervisor's role in management and the concept of the total quality leadership process, including quality improvement through participatory management.
