LRBs0137/1
FFK&RAC:emw&amn
2015 - 2016 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO SENATE BILL 285
October 19, 2015 - Offered by Senator Nass.
SB285-SSA1,2,7
1An Act to repeal 230.16 (7m) (c), 230.16 (9), 230.19 (2), 230.19 (3), 230.28 (6),
2230.31 (2) and 230.40 (3);
to renumber 230.19 (1);
to renumber and amend
3230.01 (2), 230.16 (7), 230.25 (1m), 230.34 (1) (a) and 230.43 (1) (a);
to amend
462.13 (4) (d), 63.08 (1) (f) 1., 63.08 (1) (f) 2., 63.08 (1) (f) 3., 63.37, 63.39 (2m),
566.0509 (1), 230.04 (14), 230.046 (2), 230.05 (7), 230.08 (2) (c), 230.12 (1) (h),
6230.13 (1) (a), 230.13 (3) (b), 230.15 (1), 230.15 (1m) (c) 1., 230.16 (title), 230.16
7(1) (a), 230.16 (2), 230.16 (3), 230.16 (4), 230.16 (5), 230.16 (6), 230.16 (7m) (b)
84., 230.16 (10), 230.16 (11), 230.17 (1), 230.17 (2), 230.18, 230.21 (1), 230.21 (2),
9230.21 (3), 230.213, 230.24 (1), 230.24 (2), 230.25 (1), 230.25 (1g), 230.25 (2) (a),
10230.25 (2) (b), 230.25 (3) (a), 230.26 (2), 230.26 (4), 230.28 (1) (a), 230.28 (1) (am),
11230.28 (1) (c), 230.31 (1) (intro.), 230.32 (4), 230.34 (1) (am), 230.34 (2) (intro.),
12230.34 (2) (a), 230.34 (2) (b), 230.35 (3) (d), 230.37 (1), 230.43 (1) (title), 230.43
13(1) (b), 230.43 (1) (c), 230.43 (1) (d), 230.43 (1) (e), 230.43 (5), 230.44 (1) (c),
1230.44 (1) (e) and 321.65 (3) (g);
to create 20.865 (1) (dm), 20.928 (1f), 230.01
2(2) (bm), 230.01 (2) (bp), 230.04 (13m), 230.04 (19), 230.05 (10), 230.06 (1) (m),
3230.06 (4), 230.13 (3) (c), 230.15 (6), 230.15 (7), 230.25 (1m) (a) to (d), 230.25 (2)
4(am), 230.31 (3), 230.34 (1) (a) 1. to 9. and 230.445 of the statutes; and
to affect
52015 Wisconsin Act 55, section
9101 (5n) (a),
2015 Wisconsin Act 55, section
69101 (5n) (b) and
2015 Wisconsin Act 55, section
9101 (5n) (c);
relating to: the
7state civil service and making an appropriation.
Analysis by the Legislative Reference Bureau
This substitute amendment differs from 2015 Senate Bill 285 (the bill) as
follows:
1. This substitute amendment removes the provision in the bill that prohibits
the director of the Bureau of Merit Recruitment and Selection (bureau) in the
Division of Personnel Management (DPM) in the Department of Administration
(DOA) from asking an applicant on an application, or otherwise, to supply
information about the applicant's conviction record before the applicant is certified
for a position.
2. This substitute amendment changes the general probationary period for all
original and promotional appointments to permanent and seasonal positions in the
classified service and the probationary period for employees in supervisory or
management positions to one year with a possible extension of up to 12 additional
months.
3. This substitute amendment eliminates the requirement under current law
that certain probationary and limited term employees must be terminated before
permanent classified employees may be laid off.
4. This substitute amendment requires the director of the bureau to establish
standards for what constitutes a serious violation of the code of ethics for the purpose
of determining whether it is just cause to take an adverse employment action against
an employee without imposing progressive discipline.
5. This substitute amendment requires the standards for progressive discipline
plans established by the administrator of DPM to allow an appointing authority to
accelerate progressive discipline in certain circumstances.
6. This substitute amendment provides a preference for veterans and certain
spouses of veterans in the civil service hiring process by requiring the director of the
bureau to add a certain number of veterans and spouses of veterans to a certification
list for a classified position. This preference replaces the requirement in the bill that
an appointing authority offer an interview to a veteran or spouse of a veteran who
is included on a certification list for a classified position.
7. Under this substitute amendment, the DOA secretary is not required to
develop a plan to assume responsibility for services related to human resources for
the technical college system board.
8. This substitute amendment requires the DOA secretary to submit plans for
assuming responsibility for services related to human resources for agencies in the
executive branch and for assuming responsibility for payroll services, finance
services, budget and procurement functions, and information technology services for
certain state agencies and boards to the Joint Committee on Finance by March 1,
2017, for implementation beginning July 1, 2017. Under current law, the DOA
secretary is required to submit a plan for assuming responsibility for services related
to human resources, payroll services, finance services, budget and procurement
functions, and information technology services for certain state agencies and boards
to the Joint Committee on Finance by March 1, 2016, for implementation beginning
July 1, 2016.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB285-SSA1,1
1Section
1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
2the following amounts for the purposes indicated:
-
See PDF for table ![PDF](http://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
SB285-SSA1,2
3Section
2. 20.865 (1) (dm) of the statutes is created to read:
SB285-SSA1,3,74
20.865
(1) (dm)
Discretionary merit compensation program. The amounts in
5the schedule to supplement the appropriations to state agencies for the cost of
6discretionary merit compensation awards approved by the division of personnel
7management in the department of administration under s. 20.928 (1f).
SB285-SSA1,3
8Section
3. 20.928 (1f) of the statutes is created to read:
SB285-SSA1,4,10
120.928
(1f) Each state agency head shall certify to the administrator of the
2division of personnel management in the department of administration, at such time
3and in such manner as the administrator prescribes, the sum of money needed from
4the appropriations under s. 20.865 (1) (dm) for the state agency to make lump sum
5discretionary merit compensation awards to its classified employees. Upon receipt
6of the certifications together with such additional information as the administrator
7prescribes, the administrator shall determine the amounts required from the
8appropriation to supplement state agency budgets. The administrator may not
9approve an agency request for money from the appropriation under s. 20.865 (1) (dm)
10for a discretionary merit award that increases an employee's base compensation.
SB285-SSA1,4
11Section
4. 62.13 (4) (d) of the statutes is amended to read:
SB285-SSA1,4,2312
62.13
(4) (d) The examination shall be free for all U.S. citizens over 18 and
13under 55 years of age, with proper limitations as to health and, subject to ss. 111.321,
14111.322, and 111.335, arrest and conviction record. The examination, including
15minimum training and experience requirements, shall be job-related in compliance
16with appropriate validation standards and shall be subject to the approval of the
17board and may include tests of manual skill and physical strength. All relevant
18experience, whether paid or unpaid, shall satisfy experience requirements. The
19board shall control examinations and may designate and change examiners, who
20may or may not be otherwise in the official service of the city, and whose
21compensation shall be fixed by the board and paid by the city. Veterans and their
22spouses shall be given preference points in accordance with s.
230.16 (7) 63.08 (1)
23(fm).
SB285-SSA1,5
24Section
5. 63.08 (1) (f) 1. of the statutes is amended to read:
SB285-SSA1,5,4
163.08
(1) (f) 1. The commission may not impose any restriction as to age on any
2veteran who is applying or eligible for a position under this section. The commission
3shall give preference points to veterans and their spouses under
s. 230.16 (7) par.
4(fm), except as provided under subd. 2.
SB285-SSA1,6
5Section
6. 63.08 (1) (f) 2. of the statutes is amended to read:
SB285-SSA1,5,86
63.08
(1) (f) 2. Notwithstanding
s. 230.16 (7) par. (fm), persons shall be certified
7from the eligible list under s. 63.05 (1) (b) without adding any preference points to
8any person's grade.
SB285-SSA1,7
9Section
7. 63.08 (1) (f) 3. of the statutes is amended to read:
SB285-SSA1,5,1510
63.08
(1) (f) 3. After the certification under subd. 2., any veteran or veteran's
11spouse whose grade, plus the points to which the veteran or spouse is entitled under
12s. 230.16 (7) par. (fm), is equal to or higher than the lowest grade on the list made
13under subd. 2. shall be added to the certification list under s. 63.05 (1) (b). The
14number of persons added to a certification list under this subdivision may not exceed
15the number of persons initially certified under subd. 2.
SB285-SSA1,8
16Section
8. 63.37 of the statutes is amended to read:
SB285-SSA1,6,2
1763.37 Board to keep a register of eligibles. From the returns or reports of
18the examiners, or from the examinations made by the board, the board shall prepare
19and keep a register for each grade or class of position in the service of such city, of
20the persons whose general average standing upon examinations for such grade or
21class is not less than the minimum fixed by the rules of such board, and who are
22otherwise eligible, and such persons shall take rank upon the register as candidates
23in the order of their relative excellence as determined by examination without
24reference to priority of time of examination. The board shall impose no restrictions
1as to age in case of veterans, and veterans and their spouses shall be given preference
2points in accordance with s.
230.16 (7) 63.08 (1) (fm).
SB285-SSA1,9
3Section
9. 63.39 (2m) of the statutes is amended to read:
SB285-SSA1,6,94
63.39
(2m) Notwithstanding s.
230.16 (7) 63.08 (1) (fm), the board shall certify
5persons from the list of eligibles without adding preference points to their grades.
6After the certification under sub. (1) or (2), the board shall add to the certification list
7any veteran or veteran's spouse whose grade, plus the points to which the veteran
8or spouse is entitled under s.
230.16 (7) 63.08 (1) (fm), is equal to or higher than the
9lowest grade on the list of eligibles.
SB285-SSA1,10
10Section
10. 66.0509 (1) of the statutes is amended to read:
SB285-SSA1,6,2311
66.0509
(1) Any city or village may proceed under s. 61.34 (1), 62.11 (5) or
1266.0101 to establish a civil service system of selection, tenure and status, and the
13system may be made applicable to all municipal personnel except the chief executive
14and members of the governing body, members of boards and commissions including
15election officials, employees subject to s. 62.13, members of the judiciary and
16supervisors. Any town may establish a civil service system under this subsection.
17For veterans there shall be no restrictions as to age, and veterans and their spouses
18shall be given preference points in accordance with s.
230.16 (7) 63.08 (1) (fm). The
19system may also include uniform provisions in respect to attendance, leave
20regulations, compensation and payrolls for all personnel included in the system. The
21governing body of any city, village or town establishing a civil service system under
22this section may exempt from the system the librarians and assistants subject to s.
2343.09 (1).
SB285-SSA1,11
24Section
11. 230.01 (2) of the statutes is renumbered 230.01 (2) (a) and
25amended to read:
SB285-SSA1,7,4
1230.01
(2) (a) It is the policy of the state and the responsibility of the director
2and the administrator to maintain a system of personnel management which fills
3positions in the classified service through methods which apply the merit principle,
4with adequate civil service safeguards.
SB285-SSA1,7,10
5(b) It is the policy of this state to provide for equal employment opportunity by
6ensuring that all personnel actions including hire, tenure or term, and condition or
7privilege of employment be based on the ability to perform the duties and
8responsibilities assigned to the particular position without regard to age, race, creed
9or religion, color, disability, sex, national origin, ancestry, sexual orientation
, or
10political affiliation.
SB285-SSA1,7,12
11(c) It is the policy of this state to take affirmative action which is not in conflict
12with other provisions of this chapter.
SB285-SSA1,7,14
13(d) It is the policy of the state to ensure its employees opportunities for
14satisfying careers and fair treatment based on the value of each employee's services.
SB285-SSA1,7,17
15(e) It is the policy of this state to encourage disclosure of information under
16subch. III and to ensure that any employee employed by a governmental unit is
17protected from retaliatory action for disclosing information under subch. III.
SB285-SSA1,7,19
18(f) It is the policy of this state to correct pay inequities based on gender or race
19in the state civil service system.
SB285-SSA1,12
20Section
12. 230.01 (2) (bm) of the statutes is created to read:
SB285-SSA1,7,2421
230.01
(2) (bm) It is the policy of this state to recruit, select, and promote
22employees based on their relative skills, abilities, competencies, and knowledge,
23including using open processes to consider qualified applicants for initial
24employment.
SB285-SSA1,13
25Section
13. 230.01 (2) (bp) of the statutes is created to read:
SB285-SSA1,8,4
1230.01
(2) (bp) It is the policy of this state to retain employees on the basis of
2the adequacy of their performance, to correct inadequate performance when possible
3and appropriate, and to separate from state service employees whose performance
4and personal conduct is inadequate, unsuitable, or inferior.
SB285-SSA1,14
5Section
14. 230.04 (13m) of the statutes is created to read:
SB285-SSA1,8,136
230.04
(13m) The administrator shall establish standards for progressive
7discipline plans to be prepared by all agencies and applied to all employees in the
8classified service. The standards shall address progressive discipline for personal
9conduct and work performance that is inadequate, unsuitable, or inferior. The
10standards established under this subsection shall allow an appointing authority to
11accelerate progressive discipline if the inadequacy, unsuitability, or inferiority of the
12personal conduct or work performance for which an employee is being disciplined is
13severe.
SB285-SSA1,8,1816
230.04
(14) The Except as provided in s. 230.445, the administrator shall
17establish, by rule, the scope and minimum requirements of a state employee
18grievance procedure relating to conditions of employment.
SB285-SSA1,16
19Section
16. 230.04 (19) of the statutes is created to read:
SB285-SSA1,8,2320
230.04
(19) The administrator shall develop and implement a discretionary
21merit award program to distribute money under s. 20.928 (1f) to agencies for the
22purpose of providing lump sum monetary awards to classified employees whose job
23performance has exceeded agency expectations.
SB285-SSA1,17
24Section
17. 230.046 (2) of the statutes is amended to read:
SB285-SSA1,9,9
1230.046
(2) Supervisory training. After initial appointment to a supervisory
2position, each appointing authority shall ensure that each classified service
3supervisor successfully completes a supervisory development program.
A waiver of
4any part of the probationary period under s. 230.28 (1) (c) may not be granted before
5completion of the development program. The program shall include such subjects
6as state personnel policies, grievance handling, discipline, performance evaluation,
7understanding the concerns of state employees with children, the supervisor's role
8in management and the concept of the total quality leadership process, including
9quality improvement through participatory management.
SB285-SSA1,9,1412
230.05
(7) The director shall use techniques and procedures designed to certify
13eligible applicants to any vacant permanent position within
45 30 days after the
14filing of an appropriate request by an appointing authority.
SB285-SSA1,19
15Section
19. 230.05 (10) of the statutes is created to read:
SB285-SSA1,9,1716
230.05
(10) The director shall establish standards for what constitutes a
17serious violation of the code of ethics for purposes of s. 230.34 (1) (a) 9.
SB285-SSA1,20
18Section
20. 230.06 (1) (m) of the statutes is created to read:
SB285-SSA1,9,2019
230.06
(1) (m) Prepare a progressive discipline plan which complies with the
20standards established by the administrator under s. 230.04 (13m).
SB285-SSA1,21
21Section
21. 230.06 (4) of the statutes is created to read:
SB285-SSA1,9,2522
230.06
(4) An appointing authority shall maintain permanently an employee's
23disciplinary records in the employee's personnel file. Unless otherwise ordered by
24a court or, during the grievance process under s. 230.445, by the appointing
25authority, administrator, or commission, or unless otherwise agreed to in a
1settlement agreement, disciplinary records may not be removed from an employee's
2personnel file.