SB285-SSA1,18,2210 230.24 (1) The administrator may by rule develop a career executive program
11that emphasizes excellence in administrative skills in order to provide agencies with
12a pool of highly qualified executive candidates, to provide outstanding
13administrative employees a broad opportunity for career advancement , and to
14provide for the mobility of such employees among the agencies and units of state
15government for the most advantageous use of their managerial and administrative
16skills. To accomplish the purpose of this program, the director may provide policies
17and standards for recruitment, examination, probation, employment register
18control, certification, transfer, promotion, and reemployment, and the director may
19provide policies and standards for classification and salary administration, separate
20from procedures established for other employment. The administrator shall
21determine the positions which may be filled from career executive employment
22registers.
SB285-SSA1,55 23Section 55. 230.24 (2) of the statutes is amended to read:
SB285-SSA1,19,624 230.24 (2) A vacancy in a career executive position may be filled through An
25appointing authority shall fill a vacancy in a career executive position using
an open

1competitive examination, a competitive promotional examination or by restricting
2competition to employees in career executive positions in order to achieve and
3maintain a highly competent work force in career executive positions
process, with
4due consideration given to affirmative action. The appointing authority shall
5consider the guidelines under s. 230.19 when deciding how to fill a vacancy under
6this paragraph.
SB285-SSA1,56 7Section 56. 230.25 (1) of the statutes, as affected by 2015 Wisconsin Act 55,
8is amended to read:
SB285-SSA1,19,199 230.25 (1) Appointing authorities shall give written notice to the director of any
10vacancy to be filled in any position in the classified service. The director shall certify,
11under this subchapter and the rules of the director, from the register of eligibles
12appropriate for the kind and type of employment, the grade and class in which the
13position is classified, any number of names at the head thereof. In determining the
14number of names to certify, the director shall use statistical methods and personnel
15management principles that are designed to maximize the number of certified names
16that are appropriate for filling the specific position vacancy. Up to 2 persons
17considered for appointment 3 times and not selected may be removed from the
18register for each 3 appointments made. Certification under this subsection shall be
19made before granting any preference under s. 230.16 (7).
SB285-SSA1,57 20Section 57. 230.25 (1g) of the statutes, as affected by 2015 Wisconsin Act 55,
21is amended to read:
SB285-SSA1,20,222 230.25 (1g) For every position to be filled by promotion from a promotional
23register, the director shall, after
After certifying names under sub. (1), the director
24shall
additionally certify the name names of the 3 highest ranked disabled veteran
25veterans whose disability is at least 70% percent and the 3 highest ranked

1individuals each of whom is the spouse of a disabled veteran whose disability is at
2least 70 percent
.
SB285-SSA1,58 3Section 58. 230.25 (1m) of the statutes is renumbered 230.25 (1m) (intro.) and
4amended to read:
SB285-SSA1,20,115 230.25 (1m) (intro.) After certifying names under sub. (1), additional names
6the director shall be certified in rank order of those who with the combination of
7veterans preference points awarded under s. 230.16 (7) and examination score earn
8a total score equal to or higher than the lowest score of those certified on the basis
9of examination only. The number of veterans or spouses of veterans added to the list
10may not exceed the number of names certified under sub. (1).
additionally certify the
11names of all of the following:
SB285-SSA1,59 12Section 59. 230.25 (1m) (a) to (d) of the statutes are created to read:
SB285-SSA1,20,1313 230.25 (1m) (a) The 3 highest ranked veterans.
SB285-SSA1,20,1414 (b) The 3 highest ranked disabled veterans who are not certified under par. (a).
SB285-SSA1,20,1615 (c) The 3 highest ranked individuals each of whom is an unremarried spouse
16of a veteran who was killed in action.
SB285-SSA1,20,1817 (d) The 3 highest ranked individuals each of whom is an unremarried spouse
18of a veteran who died of a service-connected disability.
SB285-SSA1,60 19Section 60. 230.25 (2) (a) of the statutes, as affected by 2015 Wisconsin Act 55,
20is amended to read:
SB285-SSA1,21,221 230.25 (2) (a) When certifying names to appointing authorities under this
22section, the director shall specify whether the certification includes qualifying
23veterans or persons the hiring of whom would serve affirmative action purposes,
24without divulging the names of those individuals. The director shall not disclose any

1applicant's test score, with or without the addition of veterans preference points
2under s. 230.16 (7), to the appointing authority.
SB285-SSA1,61 3Section 61. 230.25 (2) (am) of the statutes is created to read:
SB285-SSA1,21,74 230.25 (2) (am) If a veteran is included on a certification list and if the
5minimum qualifications and the skills, abilities, competencies, and knowledge of the
6veteran and any other applicant being interviewed for the position are equal, the
7appointing authority shall give a preference to the veteran for the position.
SB285-SSA1,62 8Section 62. 230.25 (2) (b) of the statutes, as affected by 2015 Wisconsin Act 55,
9is amended to read:
SB285-SSA1,21,1810 230.25 (2) (b) Unless otherwise provided in this subchapter or the rules of the
11director, appointments shall be made by appointing authorities to all positions in the
12classified service from among those certified to them in accordance with this section.
13Appointments shall be made within 60 30 days after the date of certification unless
14an exception is made by the director. If an appointing authority does not make an
15appointment within 60 30 days after certification, he or she shall immediately report
16in writing to the director the reasons therefor. If the director determines that the
17failure to make an appointment is not justified under the merit system, the director
18shall issue an order directing that an appointment be made.
SB285-SSA1,63 19Section 63. 230.25 (3) (a) of the statutes is amended to read:
SB285-SSA1,21,2520 230.25 (3) (a) Subject to par. (b), the term of eligibility on original entrance and
21promotional
registers is 6 months and thereafter the register expires but may be
22reactivated by the administrator for up to 3 years from the date of the establishment
23of the register. Except as provided in ss. 230.28 and 230.34, the eligibility of
24individuals for reinstatement is 5 years and the eligibility of individuals for
25restoration is 3 years.
SB285-SSA1,64
1Section 64. 230.26 (2) of the statutes, as affected by 2015 Wisconsin Act 55,
2is amended to read:
SB285-SSA1,22,143 230.26 (2) If there are urgent reasons for filling a vacancy in any position in
4the classified service and the director is unable to certify to the appointing authority,
5upon requisition by the latter, a list of persons eligible for appointment from an
6appropriate employment register, the appointing authority may nominate a person
7to the director for noncompetitive examination. If the nominee is certified by the
8director as qualified, the nominee may be appointed provisionally to fill the vacancy
9until an appointment can be made from a register established after announcement
10of competition for the position, except that no provisional appointment may be
11continued for more than 45 working days after the date of certification from the
12register. Successive appointments may not be made under this subsection. This
13subsection does not apply to a person appointed to a vacant position in the classified
14service under s. 230.275.
SB285-SSA1,65 15Section 65. 230.26 (4) of the statutes is amended to read:
SB285-SSA1,22,2216 230.26 (4) Fringe benefits specifically authorized by statutes, with the
17exception of deferred compensation plan participation under subch. VII of ch. 40,
18worker's compensation, unemployment insurance, group insurance, retirement, and
19social security coverage, shall be denied employees hired under this section. Such
20employees may not be considered permanent employees and do not qualify for
21tenure, vacation, paid holidays, sick leave, performance awards, or the right to
22compete in promotional examinations processes.
SB285-SSA1,66 23Section 66. 230.28 (1) (a) of the statutes, as affected by 2015 Wisconsin Act 55,
24is amended to read:
SB285-SSA1,23,11
1230.28 (1) (a) All original and all promotional appointments to permanent,
2sessional and seasonal positions, with the exception of those positions designated as
3supervisor or management under s. 111.81, in the classified service shall be for a
4probationary period of 6 months one year, but the director at the request of the
5appointing authority and in accordance with the rules related thereto may extend
6any such period for a maximum of 3 12 additional months. Dismissal may be made
7at any time during such periods. Upon such dismissal, the appointing authority shall
8report to the director and to the employee removed, the dismissal and the reason
9therefor. The director may remove an employee during the employee's probationary
10period if the director finds, after giving notice and an opportunity to be heard, that
11such employee was appointed as a result of fraud or error.
SB285-SSA1,67 12Section 67. 230.28 (1) (am) of the statutes is amended to read:
SB285-SSA1,23,2213 230.28 (1) (am) All probationary periods for employees in supervisory or
14management positions are one year unless waived after 6 months under par. (c). The
15waiver under par. (c) may be exercised for an employee in a supervisory position only
16if the employee has successfully completed a supervisory development program
17under s. 230.046 (2)
, but the director at the request of the appointing authority may
18extend any such period for a maximum of 12 additional months
. However, persons
19who transfer or are reinstated to supervisory or management positions consistent
20with conditions under sub. (4) and who had previously obtained permanent status
21in class in a supervisory or management position prior to the transfer or
22reinstatement shall serve a probationary period in accordance with sub. (4).
SB285-SSA1,68 23Section 68. 230.28 (1) (c) of the statutes, as affected by 2015 Wisconsin Act 55,
24is amended to read:
SB285-SSA1,24,3
1230.28 (1) (c) Upon request by the appointing authority, the director may waive
2any portion of the a lengthened probationary period but in no case before a 6-month
3one-year probationary period has been served.
SB285-SSA1,69 4Section 69. 230.28 (6) of the statutes is repealed.
SB285-SSA1,70 5Section 70. 230.31 (1) (intro.) of the statutes is amended to read:
SB285-SSA1,24,106 230.31 (1) (intro.) Any person who has held a position and obtained permanent
7status in a class under the civil service law and rules and who has separated from
8the service before the effective date of this subsection .... [LRB inserts date], without
9any delinquency or misconduct on his or her part but owing to reasons of economy
10or otherwise shall be granted the following considerations:
SB285-SSA1,71 11Section 71. 230.31 (2) of the statutes, as affected by 2015 Wisconsin Act 55,
12is repealed.
SB285-SSA1,72 13Section 72. 230.31 (3) of the statutes is created to read:
SB285-SSA1,24,1814 230.31 (3) Any person who has held a position and obtained permanent status
15in class under the civil service law and rules and who is laid off on or after the
16effective date of this subsection .... [LRB inserts date], is eligible for reinstatement
17in a position having a comparable or lower pay rate or range for which such person
18is qualified for a 3-year period from the date of the layoff.
SB285-SSA1,73 19Section 73. 230.32 (4) of the statutes, as affected by 2015 Wisconsin Act 55,
20is amended to read:
SB285-SSA1,25,421 230.32 (4) Any person appointed to fill the position of an employee on such
22military or civilian leave shall be designated as a substitute or replacement employee
23and upon the return and reemployment of the original employee the substitute
24employee shall be transferred to a similar position with the same employing agency
25if one is available, or if not, he or she shall be eligible for reinstatement or have the

1right of restoration in accordance with this subchapter and the rules of the director.
2The status of any person who is appointed to fill the place of an employee on military
3or civilian leave under this section shall be governed by the rules of the director
4pursuant thereto.
SB285-SSA1,74 5Section 74. 230.34 (1) (a) of the statutes is renumbered 230.34 (1) (a) (intro.)
6and amended to read:
SB285-SSA1,25,177 230.34 (1) (a) (intro.) An employee with permanent status in class or an
8employee who has served with the state as an assistant district attorney or an
9assistant state public defender for a continuous period of 12 months or more may be
10removed, suspended without pay, discharged, reduced in base pay, or demoted only
11for just cause. It is just cause to remove, suspend without pay, discharge, reduce the
12base pay of, or demote an employee for work performance or personal conduct that
13is inadequate, unsuitable, or inferior, as determined by the appointing authority, but
14only after imposing progressive discipline that complies with the administrator's
15standards under s. 230.04 (13m). It is just cause to remove, suspend without pay,
16discharge, reduce the base pay of, or demote an employee without imposing
17progressive discipline for any of the following conduct:
SB285-SSA1,75 18Section 75. 230.34 (1) (a) 1. to 9. of the statutes are created to read:
SB285-SSA1,25,1919 230.34 (1) (a) 1. While on duty, harassing a person.
SB285-SSA1,25,2020 2. While on duty, intentionally inflicting physical harm on another person.
SB285-SSA1,25,2321 3. While on duty, being intoxicated or under the influence of a controlled
22substance, as defined in s. 961.01 (4), or a controlled substance analog, as defined in
23s. 961.01 (4m).
SB285-SSA1,26,3
14. While on duty, being in possession of a controlled substance, as defined in
2s. 961.01 (4), or a controlled substance analog, as defined in s. 961.01 (4m), without
3a prescription.
SB285-SSA1,26,44 5. Falsifying records of the agency.
SB285-SSA1,26,95 6. Theft of agency property or services with intent to deprive an agency of the
6property or services permanently, theft of currency of any value, felonious conduct
7connected with the employee's employment with the agency, or intentional or
8negligent conduct by an employee that causes substantial damage to agency
9property.
SB285-SSA1,26,1210 7. A conviction of an employee of a crime or other offense subject to civil
11forfeiture, while on or off duty, if the conviction makes it impossible for the employee
12to perform the duties that the employee performs for the agency.
SB285-SSA1,26,1513 8. Misuse or abuse of agency property, including the intentional use of the
14agency's equipment to download, view, solicit, seek, display, or distribute
15pornographic material.
SB285-SSA1,26,1716 9. A serious violation of the code of ethics established by the director under s.
1719.45 (11) (a), as determined by the director.
SB285-SSA1,76 18Section 76. 230.34 (1) (am) of the statutes is amended to read:
SB285-SSA1,27,219 230.34 (1) (am) If an employee fails to report for work as scheduled or to contact
20his or her supervisor, the appointing authority may discipline the employee. If an
21employee fails to report for work as scheduled, or to contact his or her supervisor for
22a minimum of 5 consecutive 3 working days during a calendar year, the appointing
23authority shall consider the employee's position abandoned and may discipline the
24employee or treat the employee as having resigned his or her position. If the
25appointing authority decides to treat the position abandonment as a resignation, the

1appointing authority shall notify the employee in writing that the employee is being
2treated as having effectively resigned as of the end of the last day worked.
SB285-SSA1,77 3Section 77. 230.34 (2) (intro.) of the statutes is amended to read:
SB285-SSA1,27,104 230.34 (2) (intro.) Employees with permanent status in class in permanent,
5sessional and seasonal positions in the classified service and employees serving a
6probationary period in such positions after promotion or transfer may be laid off
7because of a reduction in force due to a stoppage or lack of work or funds or owing to
8material changes in duties or organization but only after all original appointment
9probationary and limited term employees in the classes used for layoff, are
10terminated
.
SB285-SSA1,78 11Section 78. 230.34 (2) (a) of the statutes is amended to read:
SB285-SSA1,27,1612 230.34 (2) (a) The An appointing authority shall determine the order of layoff
13of such employees may be determined by seniority or primarily based on job
14performance or a combination thereof or by other factors , and thereafter, in
15accordance with the rules of the director, on disciplinary records, seniority, and
16ability
.
SB285-SSA1,79 17Section 79. 230.34 (2) (b) of the statutes, as affected by 2015 Wisconsin Act 55,
18is amended to read:
SB285-SSA1,27,2319 230.34 (2) (b) The director shall promulgate rules governing layoffs and
20appeals therefrom and alternative procedures in lieu of layoff to include voluntary
21and involuntary demotion and the exercise of a displacing right to a comparable or
22lower class
, as well as the subsequent employee right of restoration or eligibility for
23reinstatement.
SB285-SSA1,80 24Section 80. 230.35 (3) (d) of the statutes, as affected by 2015 Wisconsin Act 55,
25is amended to read:
SB285-SSA1,28,4
1230.35 (3) (d) Employees of the state are entitled to reasonable paid leaves of
2absence to compete in promotional examinations and interviews evaluations. The
3administrator shall promulgate rules governing the lengths of time allowable for
4such leaves, their frequency and the provisions for their use.
SB285-SSA1,81 5Section 81. 230.37 (1) of the statutes, as affected by 2015 Wisconsin Act 55,
6is amended to read:
SB285-SSA1,28,157 230.37 (1) In cooperation with appointing authorities the administrator shall
8establish an employee performance evaluation program to provide a continuing
9record of employee development and, when applicable, to serve as a basis for
10pertinent personnel actions. Under the employee performance evaluation program
11established under this subsection, the administrator shall require each appointing
12authority to conduct at least an annual performance evaluation of each employee
13appointed by the appointing authority.
Similar evaluations shall be conducted
14during the probationary period but may not infringe upon the authority of the
15appointing authority to retain or dismiss employees during the probationary period.
SB285-SSA1,82 16Section 82. 230.40 (3) of the statutes is repealed.
SB285-SSA1,83 17Section 83. 230.43 (1) (title) of the statutes is amended to read:
SB285-SSA1,28,1918 230.43 (1) (title) Obstruction Hiring process; obstruction or falsifications
19of examinations.
SB285-SSA1,84 20Section 84. 230.43 (1) (a) of the statutes is renumbered 230.43 (1) (intro.) and
21amended to read:
SB285-SSA1,28,2422 230.43 (1) (intro.) Any person who willfully, alone or in cooperation with one
23or more persons, defeats does any of the following is, for each offense, guilty of a
24misdemeanor:
SB285-SSA1,29,3
1(am) Willfully defeats, deceives or obstructs any person in respect of the rights
2of examination application or registration under this subchapter or any rules
3prescribed pursuant thereto, or.
SB285-SSA1,85 4Section 85. 230.43 (1) (b) of the statutes is amended to read:
SB285-SSA1,29,85 230.43 (1) (b) Who willfully, Willfully or corruptly, falsely marks, grades,
6estimates, or reports upon the examination an application or resume, or proper
7standing of any person examined evaluated, registered, or certified, pursuant to this
8subchapter, or aids in so doing, or.
SB285-SSA1,86 9Section 86. 230.43 (1) (c) of the statutes is amended to read:
SB285-SSA1,29,1210 230.43 (1) (c) Who willfully Willfully or corruptly makes any false
11representations concerning the same, or concerning the person examined an
12applicant, or.
SB285-SSA1,87 13Section 87. 230.43 (1) (d) of the statutes is amended to read:
SB285-SSA1,29,1714 230.43 (1) (d) Who willfully Willfully or corruptly furnishes any person any
15special or secret information for the purpose of either improving or injuring the
16prospects or chances of any persons so examined evaluated, registered, or certified,
17being appointed, employed, or promoted, or.
SB285-SSA1,88 18Section 88. 230.43 (1) (e) of the statutes is amended to read:
SB285-SSA1,29,2219 230.43 (1) (e) Who personates Personates any other person, or permits or aids
20in any manner any other person to personate him or her in connection with any
21examination, registration, application, or request to be examined evaluated or
22registered, shall for each offense be guilty of a misdemeanor.
SB285-SSA1,89 23Section 89. 230.43 (5) of the statutes, as affected by 2015 Wisconsin Act 55,
24is amended to read:
SB285-SSA1,30,9
1230.43 (5) Taxpayers' suits. The right of any taxpayer to bring any action to
2restrain the payment of compensation to any person appointed to or holding any
3office or place of employment in violation of this subchapter shall not be limited or
4denied by reason of the fact that the office or place of employment has been classified
5as, or determined to be, not subject to a competitive examination hiring process;
6however, any judgment or injunction in any such action shall be prospective only, and
7shall not affect payments already made or due to such persons by the proper
8disbursing officers, in accordance with the rules of the administrator in force at the
9time of such payments.
SB285-SSA1,90 10Section 90. 230.44 (1) (c) of the statutes is amended to read:
SB285-SSA1,30,1711 230.44 (1) (c) Demotion, layoff, suspension or discharge. If an employee has
12permanent status in class, or an employee has served with the state as an assistant
13district attorney or an assistant state public defender for a continuous period of 12
14months or more, the employee may appeal a demotion, layoff, suspension, discharge
15or reduction in base pay to the commission as the final step in the state employee
16grievance procedure process established under s. 230.04 (14) 230.445, if the appeal
17alleges that the decision was not based on just cause.
SB285-SSA1,91 18Section 91. 230.44 (1) (e) of the statutes is amended to read:
SB285-SSA1,30,2319 230.44 (1) (e) Discretionary performance awards. This subsection does not
20apply to decisions of an appointing authority relating to discretionary performance
21awards under s. 230.12 (5) or under the discretionary merit award program
22established under s. 230.04 (19)
, including the evaluation methodology and results
23used to determine the award or the amount awarded.
SB285-SSA1,92 24Section 92. 230.445 of the statutes is created to read:
SB285-SSA1,31,2
1230.445 Grievance process for demotion, suspension, discharge,
2layoff, or reduction in base pay.
(1) In this section:
SB285-SSA1,31,43 (a) "Adverse employment decision" means a decision to demote, layoff, suspend
4without pay, discharge, or reduce the base pay of an employee.
SB285-SSA1,31,75 (b) "Employee" means an employee who has obtained permanent status in class
6or an employee who has served with the state as an assistant district attorney or an
7assistant state public defender for a continuous period of 12 months or more.
SB285-SSA1,31,12 8(2) An employee may file a complaint under this section concerning the
9application of a law, rule, or policy to an adverse employment decision against the
10employee. If an employee does not file a complaint or an appeal by an applicable
11deadline under sub. (3), the employee waives his or her right to appeal the adverse
12employment decision under this subchapter.
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