230.25 (1) Appointing authorities shall give written notice to the director of any vacancy to be filled in any position in the classified service. The director shall certify, under this subchapter and the rules of the director, from the register of eligibles appropriate for the kind and type of employment, the grade and class in which the position is classified, any number of names at the head thereof. In determining the number of names to certify, the director 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).
230.25 (1g) For every position to be filled by promotion from a promotional register, the director shall, after After certifying names under sub. (1), the director shall additionally certify the name names of the 3 highest ranked disabled veteran veterans whose disability is at least 70% 70 percent and the 3 highest ranked individuals each of whom is the spouse of a disabled veteran whose disability is at least 70 percent.
230.25 (1m) of the statutes is renumbered 230.25 (1m) (intro.) and amended to read:
230.25 (1m) (intro.) After certifying names under sub. (1), additional names the director shall be certified in rank order of those who with the combination of veterans preference points awarded under s. 230.16 (7) and examination score earn a total score equal to or higher than the lowest score of those certified on the basis of examination only. The number of veterans or spouses of veterans added to the list may not exceed the number of names certified under sub. (1). additionally certify the names of all of the following:
230.25 (1m) (a) to (d) of the statutes are created to read:
230.25 (1m) (a) The 3 highest ranked veterans.
(b) The 3 highest ranked disabled veterans who are not certified under par. (a).
(c) The 3 highest ranked individuals each of whom is an unremarried spouse of a veteran who was killed in action.
(d) The 3 highest ranked individuals each of whom is an unremarried spouse of a veteran who died of a service-connected disability.
230.25 (2) (a) When certifying names to appointing authorities under this section, the director shall specify whether the certification includes qualifying veterans or persons the hiring of whom would serve affirmative action purposes, without divulging the names of those individuals. The director shall not disclose any applicant's test score, with or without the addition of veterans preference points under s. 230.16 (7), to the appointing authority.
230.25 (2) (am) of the statutes is created to read:
230.25 (2) (am) If a veteran is included on a certification list and if the minimum qualifications and the skills, abilities, competencies, and knowledge of the veteran and any other applicant being interviewed for the position are equal, the appointing authority shall give a preference to the veteran for the position.
230.25 (2) (b) Unless otherwise provided in this subchapter or the rules of the director, appointments shall be made by appointing authorities to all positions in the classified service from among those certified to them in accordance with this section. Appointments shall be made within 60 30 days after the date of certification unless an exception is made by the director. If an appointing authority does not make an appointment within 60
30 days after certification, he or she shall immediately report in writing to the director the reasons therefor. If the director determines that the failure to make an appointment is not justified under the merit system, the director shall issue an order directing that an appointment be made.
230.25 (3) (a) of the statutes is amended to read:
230.25 (3) (a) 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. Except as provided in ss. 230.28 and 230.34, the eligibility of individuals for reinstatement is 5 years and the eligibility of individuals for restoration is 3 years.
230.26 (2) If there are urgent reasons for filling a vacancy in any position in the classified service and the director is unable to certify to the appointing authority, upon requisition by the latter, a list of persons eligible for appointment from an appropriate employment register, the appointing authority may nominate a person to the director for noncompetitive examination. If the nominee is certified by the director as qualified, the nominee may be appointed provisionally to fill the vacancy until an appointment can be made from a register established after announcement of competition for the position, except that no provisional appointment may be continued for more than 45 working days after the date of certification from the register. Successive appointments may not be made under this subsection. This subsection does not apply to a person appointed to a vacant position in the classified service under s. 230.275.
230.26 (4) of the statutes is amended to read:
230.26 (4) Fringe benefits specifically authorized by statutes, with the exception of deferred compensation plan participation under subch. VII of ch. 40, worker's compensation, unemployment insurance, group insurance, retirement, and social security coverage, shall be denied employees hired under this section. Such employees may not be considered permanent employees and do not qualify for tenure, vacation, paid holidays, sick leave, performance awards, or the right to compete in promotional examinations processes.
230.28 (1) (a) All original and all promotional appointments to permanent, sessional and seasonal positions, with the exception of those positions designated as supervisor or management under s. 111.81, in the classified service shall be for a probationary period of 6 months one year, but the director at the request of the appointing authority and in accordance with the rules related thereto may extend any such period for a maximum of 3
12 additional months. Dismissal may be made at any time during such periods. Upon such dismissal, the appointing authority shall report to the director and to the employee removed, the dismissal and the reason therefor. The director may remove an employee during the employee's probationary period if the director finds, after giving notice and an opportunity to be heard, that such employee was appointed as a result of fraud or error.
230.28 (1) (am) of the statutes is amended to read:
230.28 (1) (am) All probationary periods for employees in supervisory or management positions are one year unless waived after 6 months under par. (c). The waiver under par. (c) may be exercised for an employee in a supervisory position only if the employee has successfully completed a supervisory development program under s. 230.046 (2), but the director at the request of the appointing authority may extend any such period for a maximum of 12 additional months. However, persons who transfer or are reinstated to supervisory or management positions consistent with conditions under sub. (4) and who had previously obtained permanent status in class in a supervisory or management position prior to the transfer or reinstatement shall serve a probationary period in accordance with sub. (4).
230.28 (1) (c) Upon request by the appointing authority, the director may waive any portion of the
a lengthened probationary period but in no case before a 6-month one-year probationary period has been served.
230.28 (6) of the statutes is repealed.
230.31 (1) (intro.) of the statutes is amended to read:
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 before the effective date of this subsection .... [LRB inserts date], without any delinquency or misconduct on his or her part but owing to reasons of economy or otherwise shall be granted the following considerations:
230.31 (3) of the statutes is created to read:
230.31 (3) Any person who has held a position and obtained permanent status in class under the civil service law and rules and who is laid off on or after the effective date of this subsection .... [LRB inserts date], is eligible for reinstatement in a position having a comparable or lower pay rate or range for which such person is qualified for a 3-year period from the date of the layoff.
230.32 (4) Any person appointed to fill the position of an employee on such military or civilian leave shall be designated as a substitute or replacement employee and upon the return and reemployment of the original employee the substitute employee shall be transferred to a similar position with the same employing agency if one is available, or if not, he or she shall be eligible for reinstatement or have the right of restoration in accordance with this subchapter and the rules of the director. The status of any person who is appointed to fill the place of an employee on military or civilian leave under this section shall be governed by the rules of the director pursuant thereto.
230.34 (1) (a) of the statutes is renumbered 230.34 (1) (a) (intro.) and amended to read:
230.34 (1) (a) (intro.) An employee with permanent status in class or an employee who has served with the state as an assistant district attorney or an assistant state public defender for a continuous period of 12 months or more may be removed, suspended without pay, discharged, reduced in base pay, or demoted only for just cause. It is just cause to remove, suspend without pay, discharge, reduce the base pay of, or demote an employee for work performance or personal conduct that is inadequate, unsuitable, or inferior, as determined by the appointing authority, but only after imposing progressive discipline that complies with the administrator's standards under s. 230.04 (13m). It is just cause to remove, suspend without pay, discharge, reduce the base pay of, or demote an employee without imposing progressive discipline for any of the following conduct:
230.34 (1) (a) 1. to 9. of the statutes are created to read:
230.34 (1) (a) 1. While on duty, harassing a person.
2. While on duty, intentionally inflicting physical harm on another person.
3. While on duty, being intoxicated or under the influence of a controlled substance, as defined in s. 961.01 (4), or a controlled substance analog, as defined in s. 961.01 (4m).
4. While on duty, being in possession of a controlled substance, as defined in s. 961.01 (4), or a controlled substance analog, as defined in s. 961.01 (4m), without a prescription.
5. Falsifying records of the agency.
6. Theft of agency property or services with intent to deprive an agency of the property or services permanently, theft of currency of any value, felonious conduct connected with the employee's employment with the agency, or intentional or negligent conduct by an employee that causes substantial damage to agency property.
7. A conviction of an employee of a crime or other offense subject to civil forfeiture, while on or off duty, if the conviction makes it impossible for the employee to perform the duties that the employee performs for the agency.
8. Misuse or abuse of agency property, including the intentional use of the agency's equipment to download, view, solicit, seek, display, or distribute pornographic material.
9. A serious violation of the code of ethics established by the director under s. 19.45 (11) (a), as determined by the director.
230.34 (1) (am) of the statutes is amended to read:
230.34 (1) (am) If an employee fails to report for work as scheduled or to contact his or her supervisor, the appointing authority may discipline the employee. If an employee fails to report for work as scheduled, or to contact his or her supervisor for a minimum of 5 consecutive 3 working days during a calendar year, the appointing authority shall consider the employee's position abandoned and may discipline the employee or treat the employee as having resigned his or her position. If the appointing authority decides to treat the position abandonment as a resignation, the appointing authority shall notify the employee in writing that the employee is being treated as having effectively resigned as of the end of the last day worked.
230.34 (2) (intro.) of the statutes is amended to read:
230.34 (2) (intro.) Employees with permanent status in class in permanent, sessional and seasonal positions in the classified service and employees serving a probationary period in such positions after promotion or transfer may be laid off because of a reduction in force due to a stoppage or lack of work or funds or owing to material changes in duties or organization but only after all original appointment probationary and limited term employees in the classes used for layoff, are terminated.
230.34 (2) (a) of the statutes is amended to read:
230.34 (2) (a) The An appointing authority shall determine the order of layoff of such employees may be determined by seniority or primarily based on job performance or a combination thereof or by other factors
, and thereafter, in accordance with the rules of the director, on disciplinary records, seniority, and ability.
230.34 (2) (b) The director shall promulgate rules governing layoffs and appeals therefrom and alternative procedures in lieu of layoff to include voluntary and involuntary demotion and the exercise of a displacing right to a comparable or lower class, as well as the subsequent employee right of restoration or eligibility for reinstatement.
230.35 (3) (d) Employees of the state are entitled to reasonable paid leaves of absence to compete in promotional examinations and interviews evaluations. The administrator shall promulgate rules governing the lengths of time allowable for such leaves, their frequency and the provisions for their use.
230.37 (1) In cooperation with appointing authorities the administrator shall establish an employee performance evaluation program to provide a continuing record of employee development and, when applicable, to serve as a basis for pertinent personnel actions. Under the employee performance evaluation program established under this subsection, the administrator shall require each appointing authority to conduct at least an annual performance evaluation of each employee appointed by the appointing authority. Similar evaluations shall be conducted during the probationary period but may not infringe upon the authority of the appointing authority to retain or dismiss employees during the probationary period.
230.40 (3) of the statutes is repealed.
230.43 (1) (title) of the statutes is amended to read:
230.43 (1) (title) Obstruction Hiring process; obstruction or falsifications of examinations.
230.43 (1) (a) of the statutes is renumbered 230.43 (1) (intro.) and amended to read:
230.43 (1) (intro.) Any person who willfully, alone or in cooperation with one or more persons, defeats
does any of the following is, for each offense, guilty of a misdemeanor:
(am) Willfully defeats, deceives or obstructs any person in respect of the rights of examination application or registration under this subchapter or any rules prescribed pursuant thereto, or.
230.43 (1) (b) of the statutes is amended to read:
230.43 (1) (b) Who willfully,
Willfully or corruptly, falsely marks, grades, estimates, or reports upon
the examination an application or resume, or proper standing of any person examined evaluated, registered, or certified, pursuant to this subchapter, or aids in so doing, or.
230.43 (1) (c) of the statutes is amended to read:
230.43 (1) (c) Who willfully
Willfully or corruptly makes any false representations concerning the same, or concerning the person examined, or an applicant.
230.43 (1) (d) of the statutes is amended to read:
230.43 (1) (d) Who willfully
Willfully or corruptly furnishes any person any special or secret information for the purpose of either improving or injuring the prospects or chances of any persons so examined evaluated, registered, or certified, being appointed, employed
, or promoted, or.
230.43 (1) (e) of the statutes is amended to read:
230.43 (1) (e) Who personates
Personates any other person, or permits or aids in any manner any other person to personate him or her in connection with any examination, registration, application, or request to be examined evaluated or registered, shall for each offense be guilty of a misdemeanor.
230.43 (5) Taxpayers' suits. The right of any taxpayer to bring any action to restrain the payment of compensation to any person appointed to or holding any office or place of employment in violation of this subchapter shall not be limited or denied by reason of the fact that the office or place of employment has been classified as, or determined to be, not subject to a competitive examination hiring process; however, any judgment or injunction in any such action shall be prospective only, and shall not affect payments already made or due to such persons by the proper disbursing officers, in accordance with the rules of the administrator in force at the time of such payments.
230.44 (1) (c) of the statutes is amended to read:
230.44 (1) (c) Demotion, layoff, suspension or discharge. If an employee has permanent status in class, or an employee has served with the state as an assistant district attorney or an assistant state public defender for a continuous period of 12 months or more, the employee may appeal a demotion, layoff, suspension, discharge or reduction in base pay to the commission as the final step in the state employee grievance procedure process established under s. 230.04 (14) 230.445, if the appeal alleges that the decision was not based on just cause.
230.44 (1) (e) of the statutes is amended to read:
230.44 (1) (e) Discretionary performance awards. This subsection does not apply to decisions of an appointing authority relating to discretionary performance awards under s. 230.12 (5) or under the discretionary merit award program established under s. 230.04 (19), including the evaluation methodology and results used to determine the award or the amount awarded.
230.445 of the statutes is created to read:
230.445 Grievance process for demotion, suspension, discharge, layoff, or reduction in base pay. (1) In this section:
(a) "Adverse employment decision" means a decision to demote, layoff, suspend without pay, discharge, or reduce the base pay of an employee.
(b) "Employee" means an employee who has obtained permanent status in class or an employee who has served with the state as an assistant district attorney or an assistant state public defender for a continuous period of 12 months or more.
(2) An employee may file a complaint under this section concerning the application of a law, rule, or policy to an adverse employment decision against the employee. If an employee does not file a complaint or an appeal by an applicable deadline under sub. (3), the employee waives his or her right to appeal the adverse employment decision under this subchapter.
(3) (a) 1. To commence the grievance process for an adverse employment action, an employee shall file a complaint with the employee's appointing authority challenging the adverse employment decision against the employee no later than 14 days after the employee becomes aware of, or should have become aware of, the decision that is the subject of the complaint.
2. An appointing authority, or his or her designee, who receives a timely complaint under subd. 1. shall conduct any investigation he or she considers necessary, meet with with the employee in person, and issue a decision, in writing, not later than 14 days after the date of which the appointing authority, or his or her designee, received the employee's complaint. If the appointing authority does not issue a written decision within 15 days after receiving the employee's complaint, the employee may appeal to the administrator under par. (b).
(b) 1. If an appointing authority does not find in favor of the employee under par. (a), the employee may appeal the appointing authority's decision by filing a complaint with the administrator. The employee may not file a complaint under this subdivision later than 14 days after the date of the appointing authority's decision.
2. If the administrator receives a timely complaint under subd. 1., the administrator shall review the complaint and the appointing authority's written decision, and shall issue a decision, in writing, no later than 30 days after the date the employee filed a complaint with the administrator. If the administrator does not issue a written decision within 31 days after receiving the employee's complaint, the employee may appeal to the commission under par. (c).