55,1162r
Section 1162r. 36.11 (11m) of the statutes is created to read:
36.11 (11m) Investment of certain moneys. (a) The board may invest revenues from
its auxiliary enterprises, gifts, grants, donations, and segregated fees
collected for building projects by doing any of the following:
1. Directly employing a financial manager to oversee the investment of these funds.
2. Contracting with the investment board to manage the investment of these funds.
3. Selecting a private investment firm using the competitive sealed proposal process described in s. 16.75 (2m).
(b) Notwithstanding ss. 25.14 (1) (a) and 25.17 (1) (g), the board is not required to deposit revenues from
its auxiliary enterprises, gifts, grants, donations, and segregated fees collected for building projects in the state investment fund if the board invests these moneys as provided in par. (a).
55,1163
Section
1163. 36.11 (12) of the statutes is repealed.
55,1164
Section
1164. 36.11 (13) of the statutes is repealed.
55,1166
Section
1166. 36.11 (15m) of the statutes is repealed.
55,1168
Section
1168. 36.11 (18) of the statutes is repealed.
55,1172
Section
1172. 36.11 (23) of the statutes is repealed.
55,1173
Section
1173. 36.11 (23m) of the statutes is repealed.
55,1174
Section
1174. 36.11 (24) of the statutes is repealed.
55,1175
Section
1175. 36.11 (25) of the statutes is repealed.
55,1176
Section
1176. 36.11 (26) of the statutes is repealed.
55,1176m
Section 1176m. 36.11 (26m) of the statutes is created to read:
36.11 (26m) Energy conservation projects. (a) In this subsection:
1. "Eligible energy conservation project" means a project that satisfies all of the following criteria:
a. The estimated costs associated with the project are offset by the estimated savings to the system after completion of the project.
b. All estimated savings from the project are guaranteed by the qualified provider under par. (c) through a performance contract.
c. The period in which estimated savings are projected to be realized from the project does not exceed 10 years.
2. "Master lease" has the meaning given in s. 16.76 (4) (a).
3. "Qualified provider" has the meaning given in s. 66.0133 (1) (d).
(b) The president may annually identify and approve eligible energy conservation projects for the system. Eligible energy conservation projects approved by the president may be financed under a master lease entered into as provided in s. 16.76 (4), with the amount to be determined by the secretary of administration in consultation with the president.
(c) 1. With respect to any master lease for an eligible energy conservation project under par. (b), the president shall select the qualified provider for the project and shall supervise the implementation of the project.
2. For purposes of par. (a) 1., estimated savings for each energy conservation project shall be measured and verified in a manner established by the president.
(d) This subsection applies in addition to, not in lieu of, any other statute or program authorizing the system to undertake or finance energy conservation projects, including s. 16.847.
55,1181m
Section 1181m. 36.11 (29) of the statutes is amended to read:
36.11 (29) Other agreements with the University of Wisconsin Hospitals and Clinics Authority. The board may enter into joint purchasing contracts and other contracts, rental agreements and cooperative agreements and other necessary arrangements with the University of Wisconsin Hospitals and Clinics Authority which may be necessary and convenient for the missions, objects and uses of the University of Wisconsin Hospitals and Clinics Authority authorized by law. Purchasing contracts and agreements are subject to s. 16.73 (5).
55,1185
Section
1185. 36.11 (31) of the statutes is repealed.
55,1186
Section
1186. 36.11 (32) of the statutes is repealed.
55,1187
Section
1187. 36.11 (33) of the statutes is repealed.
55,1189
Section
1189. 36.11 (36m) of the statutes is repealed.
55,1190
Section
1190. 36.11 (37) of the statutes is repealed.
55,1191
Section
1191. 36.11 (39) of the statutes is repealed.
55,1194
Section
1194. 36.11 (44) of the statutes is repealed.
55,1195
Section
1195. 36.11 (46) of the statutes is repealed.
55,1199
Section
1199. 36.11 (53) of the statutes is repealed.
55,1204m
Section 1204m. 36.11 (56m) of the statutes is created to read:
36.11 (56m) Procurement. (a) The board shall purchase all materials, supplies, equipment, all other permanent personal property and miscellaneous capital, and contractual services for the University of Wisconsin System.
(b) The board shall develop policies related to procurement.
55,1205
Section
1205. 36.11 (57) of the statutes is repealed.
55,1207g
Section 1207g. 36.115 (3m) (h) of the statutes is created to read:
36.115 (3m) (h) The special assistant to the president appointed under s. 36.09 (2) (c).
55,1207m
Section 1207m. 36.115 (7) of the statutes is created to read:
36.115 (7) The board shall establish and maintain consistent employment relations policies and practices for all system employees except system employees assigned to the University of Wisconsin-Madison. The chancellor shall establish and maintain consistent employment relations policies and practices for all system employees assigned to the University of Wisconsin-Madison.
55,1208
Section
1208. 36.12 (3) of the statutes is repealed.
55,1209
Section
1209. 36.13 of the statutes is repealed.
36.15 (2) Appointments. Appointments under this section shall be made by the board, or by an appropriate official authorized by the board, under policies and procedures established by the board. Beginning on July 1, 2015, the board may not make a probationary or indefinite academic staff appointment. Any academic staff holding a probationary appointment on June 30, 2015, shall hold a fixed term appointment effective July 1, 2015. The policies for indefinite appointments made before July 1, 2015, shall provide for a probationary period, permanent status and such other conditions of appointment as the board establishes.
55,1211
Section
1211. 36.15 (2m) of the statutes is repealed.
55,1212g
Section 1212g. 36.17 (1) of the statutes is amended to read:
36.17 (1) An appointment to a position listed in sub. (2) shall be a limited appointment and the appointment shall be at the pleasure of the board. A faculty member who has been granted tenure or a person holding a tenured or an academic staff appointment under
ss. 36.13 and s. 36.15 shall not lose that appointment by accepting a limited appointment.
55,1212r
Section 1212r. 36.19 of the statutes is amended to read:
36.19 Other appointments. The board may make or authorize fixed term appointments for student assistants and employees in training, such as residents, interns, post-doctoral fellows or trainees or associates. Appointments made under this section shall not be subject to ss. 36.13 and s. 36.15.
55,1214g
Section 1214g. 36.21 of the statutes is amended to read:
36.21 Lapse of appointments Termination due to certain budget or program changes. Notwithstanding ss. 36.13 (4) and s. 36.15, the board may, with appropriate notice, terminate any faculty or academic staff appointment when a financial emergency exists such an action is deemed necessary due to a budget or program decision requiring program discontinuance, curtailment, modification, or redirection. No person may be employed at the institution within 2 years to perform reasonably comparable duties to those of the person whose appointment was terminated without first offering such person a reappointment. The board, after consultation with the faculty and chancellor of each institution, shall adopt procedures to be followed in the event of termination of academic staff under this section and the board may adopt procedures, consistent with s. 36.22, to be followed in the event of termination of faculty under this section and s. 36.22.
55,1214r
Section 1214r. 36.22 of the statutes is created to read:
36.22 Layoff or termination of faculty member due to certain budget or program changes. (1) Definitions. In this section:
(a) "Layoff" means an indefinite suspension or involuntary reduction in services and compensation of a faculty member's employment by the system.
(b) "Program change" means program discontinuance, curtailment, modification, or redirection.
(c) "Termination" means the permanent elimination of a faculty member's employment by the system.
(2) Layoff or termination due to certain circumstances. (a) The board may, under this section and s. 36.21, with appropriate notice, lay off or terminate any faculty member when such an action is deemed necessary due to a budget or program decision requiring a program change.
(b) Any layoff or termination of a faculty member under par. (a) may be made only in accordance with the provisions of this section and implies the retention of rights indicated in this section. A faculty member who is laid off retains the rights specified in subs. (11) to (16) and a faculty member who is terminated retains the rights specified in subs. (13) and (14).
(c) Nonrenewal of an appointment, regardless of the reason, is not a layoff or termination under this section.
(3) Seniority. (a) In the case of layoffs of faculty members due to a budget or program decision requiring a program change, layoffs shall follow seniority unless a clear and convincing case is made that program or budget needs dictate other considerations such as the need to maintain diversity of specializations within a department.
(b) The faculty of each institution shall determine the form of seniority that is to be considered. This determination shall be effective uniformly throughout the institution. Seniority may be defined in the following, or in other, ways:
1. Without regard to rank, with seniority established by total years of service in the institution.
2. By rank, and within rank according to total years of service in the institution.
3. By rank, and within rank, according to length of service in the institution at that rank.
(4) Notification. (a) Each faculty member who is to be laid off shall receive prompt written notification from the chancellor. Prior to issuing a layoff notification, the chancellor shall offer to consult with, and seek advice from, a faculty committee designated or created by the faculty of the institution.
(b) The notification under par. (a) shall include all of the following:
1. A summary of the reasons supporting the need for the layoff.
2. A statement of the basis on which the individual position was selected for elimination and one of the following:
a. If the position was selected for elimination on the basis of seniority, the criterion used and data supporting the choice.
b. If the position was selected for elimination on a basis other than seniority, the data and reasons supporting that choice.
3. A statement of the date on which the layoff is to be effective.
4. A copy of the statutes regarding layoff of faculty due to a budget or program decision requiring a program change and such other information or procedural regulations as the chancellor deems appropriate.
(5) Notification period. (a) In the case of the layoff of faculty due to a budget or program decision requiring a program change, notification must be given at least 12 months in advance of the effective date.
(b) During the 12-month period under par. (a), and prior to entering layoff status, the chancellor may offer as appropriate, and the faculty member may accept, any of the following:
1. Terminal leave and early retirement.
2. Relocation leave accompanied by resignation.
(c) Acceptance of either option under par. (b) terminates the faculty member's association with the system at the end of the leave period.
(6) Faculty hearing committee. (a) The faculty of each institution shall establish a committee or designate an existing committee to serve as a hearing committee for the purposes of this section. The committee shall consist of faculty members of the institution chosen by the faculty in a manner to be determined by the faculty. This standing faculty committee shall conduct the hearing, make a verbatim record of the hearing, prepare a summary of the evidence, and transmit the record and summary along with its recommended findings of law and decision to the board.
(7) Review hearing. (a) A faculty member who has been notified of layoff is entitled to a hearing before the faculty hearing committee as to the appropriateness of the decision to lay off that particular individual. The budget or program decisions made to discontinue, curtail, modify, or redirect a program are not subject to review in the hearing.
(b) A hearing must be requested within 20 days of the receipt by the faculty member of notification of layoff. The request shall state with particularity the grounds to be relied upon in establishing the impropriety of the decision. Relevant information supplementary to that contained in the notification statement may be requested. The question to be considered in the review is whether one or more of the following improper factors entered into the decision to lay off:
1. Conduct, expressions, or beliefs on the faculty member's part that are constitutionally protected, or protected by the principles of academic freedom.
2. Factors proscribed by applicable state or federal law regarding fair employment practices.
3. Improper selection of the individual to be laid off.
