AB21: Bill Text

AB21,1394,4 (3) When any position to be filled involves fiduciary responsibility, the appointing authority shall conduct a criminal history background check before offering employment to an applicant for the position. If otherwise permitted by law, the appointing authority may require the appointee to furnish bond or other security, and shall notify the administrator director of the amount and other details thereof. Any surety company authorized to do business in this state shall be a sufficient security on any such bond.

AB21,3723 Section 3723. 230.18 of the statutes is amended to read:

AB21,1394,16 230.18 Discrimination prohibited. No question in any form of application or in any examination may be so framed as to elicit information concerning the partisan political or religious opinions or affiliations of any applicant nor may any inquiry be made concerning such opinions or affiliations and all disclosures thereof shall be discountenanced except that the administrator director may evaluate the competence and impartiality of applicants for positions such as clinical chaplain in a state institutional program. No discriminations may be exercised in the recruitment, application, examination or hiring process against or in favor of any person because of the person's political or religious opinions or affiliations or because of age, sex, disability, race, color, sexual orientation, national origin or ancestry except as otherwise provided.

AB21,3724 Section 3724. 230.19 (1) of the statutes is amended to read:

AB21,1394,21 230.19 (1) The administrator director shall provide employees with reasonable opportunities for career advancement, within a classified service structure designed to achieve and maintain a highly competent work force, with due consideration given to affirmative action.

AB21,3725 Section 3725. 230.19 (2) of the statutes is amended to read:

AB21,1395,8 230.19 (2) If, in the judgment of the administrator director, the group of applicants best able to meet the requirements for vacancies in positions in the classified service are available within the classified service, the vacancies shall be filled by competition limited to persons in the classified service who are not employed under s. 230.26 or 230.27 and persons with the right of restoration resulting from layoff under s. 230.34 (2), unless it is necessary to go outside the classified service to be consistent with an approved affirmative action plan or program. The administrator director may also limit competition for promotion to the employees of an agency or an employing unit within an agency if the resulting group of applicants would fairly represent the proportion of members of racial and ethnic, gender or disabled groups in the relevant labor pool for the state.

AB21,3726 Section 3726. 230.21 (1) of the statutes is amended to read:

AB21,1395,12 230.21 (1) Subject to s. 230.275, the administrator director may, to meet the needs of the service, establish separate recruitment, examination and certification procedures for filling positions in unskilled labor and service classes.

AB21,3727 Section 3727. 230.21 (1m) (a) (intro.) of the statutes is amended to read:

AB21,1395,17 230.21 (1m) (a) (intro.) If the administrator director uses the method of random certification to determine which applicants for an unskilled labor or service position will receive further consideration for the position, the administrator director shall do all of the following:

AB21,3728 Section 3728. 230.21 (1m) (b) of the statutes is amended to read:

AB21,1396,2 230.21 (1m) (b) If the administrator director uses the method of random certification to determine which applicants for an unskilled labor or service position will receive further consideration for the position and the appointing authority does not select a veteran or a person the hiring of whom would serve affirmative action purposes, the appointing authority shall make and retain a written record of the appointing authority's reasons for selecting the person who was appointed. The appointing authority shall make the written records available to the office division and annually submit a report to the office division summarizing the reasons contained in the written records.

AB21,3729 Section 3729. 230.21 (2) of the statutes is amended to read:

AB21,1396,8 230.21 (2) The administrator director may designate classifications in which applicants are in critically short supply and may develop such recruitment, examination and certification processes as will provide agencies with prompt certification when qualified applicants can be found, provided that due notice has been given and proper competitive standards have been maintained.

AB21,3730 Section 3730. 230.21 (3) of the statutes is amended to read:

AB21,1396,15 230.21 (3) The administrator director shall designate classifications in prison industries in the department of corrections as critical positions requiring expeditious hiring and shall develop such recruitment, examination and certification processes as will provide the department with prompt certification when qualified applicants can be found, provided that due notice has been given and proper competitive standards have been maintained.

AB21,3731 Section 3731. 230.213 of the statutes is amended to read:

AB21,1397,2 230.213 Affirmative action procedures for corrections positions. The administrator director may, to meet affirmative action objectives, establish such recruitment, examination and certification procedures for positions in the department of corrections as will enable the department of corrections to increase the number of employees of a specified gender or a specified racial or ethnic group in those positions. The administrator director shall design the procedures to obtain a work force in the department of corrections that reflects the relevant labor pool. The administrator director may determine the relevant labor pool from the population of the state or of a particular geographic area of the state, whichever is more appropriate for achieving the affirmative action objective.

AB21,3732 Section 3732. 230.215 (3) (a) of the statutes is amended to read:

AB21,1397,12 230.215 (3) (a) An agency may, with the approval of the director administrator and with the approval of the secretary of administration under s. 16.50, restructure budgeted permanent positions as such positions become vacant or if an employee voluntarily requests a job-sharing or permanent part-time employment opportunity. No employee occupying a full-time permanent position may be involuntarily terminated, demoted, transferred or reassigned in order to restructure that position for permanent part-time employment and no such employee may be required to accept a permanent part-time position as a condition of continued employment.

AB21,3733 Section 3733. 230.215 (3) (b) of the statutes is amended to read:

AB21,1397,18 230.215 (3) (b) If the director administrator, upon review of the report submitted under sub. (4), determines that an agency's past or proposed actions relating to permanent part-time employment opportunities do not adequately reflect the policy under sub. (1) (e), the director administrator may recommend procedures designed to enable the agency to effect such policy.

AB21,3734 Section 3734. 230.215 (4) of the statutes is amended to read:

AB21,1397,23 230.215 (4) Reports. Each agency, in complying with s. 15.04 (1) (d), shall include a report on the progress or failure of the plans of such agency in achieving the policies stated under sub. (1) and shall submit a copy of such report to the director administrator.

AB21,3735 Section 3735. 230.22 of the statutes is amended to read:

AB21,1398,3 230.22 Entry professional selection. (1) The director administrator may establish by rule an entry professional class program for use in a wide range of entry professional positions.

AB21,1398,7 (2) In connection with this program the director administrator may establish separate classifications and corresponding pay provisions to provide agencies an entry professional program, through which they can compete on campuses and in the labor market for the best available applicants.

AB21,1398,12 (3) Subject to s. 230.275, the administrator director may establish separate recruitment, evaluation and certification procedures for certain entry professional positions. Vacancies in entry professional positions may be limited to persons with a degree from an institution of higher education, as defined in s. 108.02 (18), or a degree under an associate degree program, as defined in s. 38.01 (1).

AB21,1398,16 (4) The administrator director may provide for cooperative programs leading to eligibility for permanent appointment in order to enable institutions of higher education and agencies to attract and train the highest caliber of undergraduate or graduate students for government employment.

AB21,3736 Section 3736. 230.24 (1) of the statutes is amended to read:

AB21,1399,5 230.24 (1) The director administrator may by rule develop a career executive program that emphasizes excellence in administrative skills in order to provide agencies with a pool of highly qualified executive candidates, to provide outstanding administrative employees a broad opportunity for career advancement and to provide for the mobility of such employees among the agencies and units of state government for the most advantageous use of their managerial and administrative skills. To accomplish the purpose of this program, the administrator director may provide policies and standards for recruitment, examination, probation, employment register control, certification, transfer, promotion and reemployment, and the director may provide policies and standards for classification and salary administration, separate from procedures established for other employment. The director administrator shall determine the positions which may be filled from career executive employment registers.

AB21,3737 Section 3737. 230.24 (1m) of the statutes is amended to read:

AB21,1399,10 230.24 (1m) The policy established by the administrator director under sub. (1) that deals with probation shall provide the option of extending the probationary period for individuals with disabilities, as defined in s. 111.32 (8), who are employees in a manner consistent with s. 230.28 (1) (bm).

AB21,3738 Section 3738. 230.25 (1) of the statutes is amended to read:

AB21,1399,23 230.25 (1) Appointing authorities shall give written notice to the administrator director of any vacancy to be filled in any position in the classified service. The administrator director shall certify, under this subchapter and the rules of the administrator 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 administrator 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).

AB21,3739 Section 3739. 230.25 (1g) of the statutes is amended to read:

AB21,1400,4 230.25 (1g) For every position to be filled by promotion from a promotional register, the administrator director shall, after certifying names under sub. (1), additionally certify the name of the highest ranked disabled veteran whose disability is at least 70%.

AB21,3740 Section 3740. 230.25 (1n) (a) (intro.) of the statutes is amended to read:

AB21,1400,8 230.25 (1n) (a) (intro.) After certifying names under subs. (1), (1g) and (1m), the administrator director may engage in expanded certification by doing one or more of the following:

AB21,3741 Section 3741. 230.25 (1n) (b) of the statutes is amended to read:

AB21,1400,14 230.25 (1n) (b) The administrator director may certify names under par. (a) 1. or 2. only if an agency requests expanded certification in order to comply with an approved affirmative action plan or program. The administrator director may certify names under par. (a) 3. only if an agency requests expanded certification in order to hire persons with a disability.

AB21,3742 Section 3742. 230.25 (1p) of the statutes is amended to read:

AB21,1400,24 230.25 (1p) If an appointing authority appoints a person certified under this section and the person is not a veteran, the spouse of a veteran or a person the hiring of whom would serve affirmative action purposes, the appointing authority shall make and retain a written record of the appointing authority's reasons for selecting the person who was appointed. The appointing authority shall make the written records available to the office division and annually submit a report to the office division summarizing the reasons contained in the written records. The office division shall annually prepare a report summarizing, for each agency, the reasons contained in the records prepared by appointing authorities under this subsection.

AB21,3743 Section 3743. 230.25 (2) of the statutes is amended to read:

AB21,1401,6 230.25 (2) (a) When certifying names to appointing authorities under this section, the administrator 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 administrator 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.

AB21,1401,16 (b) Unless otherwise provided in this subchapter or the rules of the administrator 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 days after the date of certification unless an exception is made by the administrator director. If an appointing authority does not make an appointment within 60 days after certification, he or she shall immediately report in writing to the administrator director the reasons therefor. If the administrator director determines that the failure to make an appointment is not justified under the merit system, the administrator director shall issue an order directing that an appointment be made.

AB21,3744 Section 3744. 230.25 (3) (b) of the statutes is amended to read:

AB21,1401,21 230.25 (3) (b) The administrator director may allow a register to expire after 3 months, but only after considering the impact of such an action on the policy of this state to provide for equal employment opportunity and to take affirmative action, as specified in s. 230.01 (2).

AB21,3745 Section 3745. 230.25 (4) of the statutes is amended to read:

AB21,1402,2 230.25 (4) (a) The administrator director may establish a new and separate register for a specific position or class only when in the administrator's director's judgment there is no appropriate existing register from which appointments may be made.

AB21,1402,5 (b) The administrator director may establish separate registers for various geographic areas of the state if the needs of the service so require, provided proper publicity has been given of the intent to establish such registers.

AB21,3746 Section 3746. 230.25 (5) of the statutes is amended to read:

AB21,1402,14 230.25 (5) Notwithstanding sub. (2) (a), if an appointing authority elects to appoint a disabled veteran to a vacant position on a noncompetitive basis under s. 230.275 and the appointing authority has requested a certification for the position, the administrator director shall provide the appointing authority the names of all disabled veterans certified for appointment to the position and who satisfy the condition specified in s. 230.275 (1) (a) and the names of all such disabled veterans who are on any other employment register that is identified by the appointing authority.

AB21,3747 Section 3747. 230.26 (1) of the statutes is amended to read:

AB21,1402,18 230.26 (1) The administrator director may provide by rule for selection and appointment for limited term appointments, which are provisional appointments or appointments for less than 1,044 hours per year.

AB21,3748 Section 3748. 230.26 (1m) of the statutes is amended to read:

AB21,1402,22 230.26 (1m) An appointing authority may not appoint a person who is not a state resident to a limited term appointment unless approved by the administrator director.

AB21,3749 Section 3749. 230.26 (2) of the statutes is amended to read:

AB21,1403,11 230.26 (2) If there are urgent reasons for filling a vacancy in any position in the classified service and the administrator 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 administrator director for noncompetitive examination. If the nominee is certified by the administrator 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.

AB21,3750 Section 3750. 230.26 (5) of the statutes is amended to read:

AB21,1403,16 230.26 (5) If the administrator director determines that an agency is not in compliance with the requirements of, or rules related to, sub. (1), (1m) or (2) regarding a particular employee, the administrator director shall direct the appointing authority to terminate the employee.

AB21,3751 Section 3751. 230.27 (1m) (b) of the statutes is amended to read:

AB21,1403,21 230.27 (1m) (b) The administrator director may waive the prohibition under par. (a) if there is a critical need for employees in a specific classification or position or a critical shortage of residents of this state possessing the skills or qualifications required for a position.

AB21,3752 Section 3752. 230.27 (2) of the statutes is amended to read:

AB21,1403,24 230.27 (2) Subject to s. 230.275, the administrator director may provide by rule for the selection and appointment of a person to a project position.

AB21,3753 Section 3753. 230.27 (2k) of the statutes is amended to read:

AB21,1404,9 230.27 (2k) If an appointing authority selects, for a project position, a person who is not a veteran or is not a person the hiring of whom would serve affirmative action purposes, the appointing authority shall make and retain a written record of the appointing authority's reasons for selecting the person who was appointed. The appointing authority shall make the written records available to the office division and annually submit a report to the office division summarizing the reasons contained in the written records. The office division shall annually prepare a report summarizing, for each agency, the information submitted by appointing authorities under this subsection.

AB21,3754 Section 3754. 230.275 (1) (d) of the statutes is amended to read:

AB21,1404,13 230.275 (1) (d) The appointing authority notifies the administrator director in writing that the position is to be filled with a disabled veteran on a noncompetitive basis.

AB21,3755 Section 3755. 230.28 (1) (a) of the statutes is amended to read:

AB21,1405,2 230.28 (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, but the administrator 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 additional months. Dismissal may be made at any time during such periods. Upon such dismissal, the appointing authority shall report to the administrator director and to the employee removed, the dismissal and the reason therefor. The administrator director may remove an employee during the employee's probationary period if the administrator director finds, after giving notice and an opportunity to be heard, that such employee was appointed as a result of fraud or error.

AB21,3756 Section 3756. 230.28 (1) (b) of the statutes is amended to read:

AB21,1405,8 230.28 (1) (b) The administrator director may authorize a longer probationary period not to exceed 2 years for any administrative, technical or professional position, in order to provide the appointing authority assurance that the employee has had adequate exposure to the various responsibilities which are a part of the position or classification.

AB21,3757 Section 3757. 230.28 (1) (bm) (intro.) of the statutes is amended to read:

AB21,1405,14 230.28 (1) (bm) (intro.) At the request of an appointing authority and an employee, the administrator director may authorize, at any time before the completion of the probationary period, an extended probationary period of up to one additional year for an individual with a disability, as defined in s. 111.32 (8), who is the employee to allow the employee to do any of the following:

AB21,3758 Section 3758. 230.28 (1) (c) of the statutes is amended to read:

AB21,1405,18 230.28 (1) (c) Upon request by the appointing authority, the administrator director may waive any portion of the lengthened probationary period but in no case before a 6-month probationary period has been served.

AB21,3759 Section 3759. 230.28 (3) of the statutes is amended to read:

AB21,1405,23 230.28 (3) If an employee is removed from a position during the probationary period, and the administrator director determines that the person is suitable for appointment to another position, the person's name may be restored to the list from which it was certified.

AB21,3760 Section 3760. 230.28 (4) of the statutes is amended to read:

AB21,1406,9 230.28 (4) A person reinstated in an employing unit other than one in which the person previously served in permanent status in the class in which the person is being reinstated, an employee who transfers from one employing unit to another, an employee who moves to a different employing unit in conjunction with a voluntary demotion, and a person who had not obtained permanent status in class in a supervisory or management position prior to appointment to another supervisory or management position, may be required by the appointing authority to serve a probationary period. Provisions for the duration of such probationary period shall be provided in the rules of the administrator director.

AB21,3761 Section 3761. 230.29 of the statutes is amended to read:

AB21,1406,12 230.29 Transfers. A transfer may be made from one position to another only if specifically authorized by the administrator director.

AB21,3762 Section 3762. 230.30 (1) of the statutes is amended to read:

AB21,1406,25 230.30 (1) Each agency shall constitute an employing unit for purposes of personnel transactions, except where appropriate functional, organizational or geographic breakdowns exist within the agency and except as provided in sub. (2). These breakdowns may constitute a separate employing unit for one or more types of personnel transactions under an overall employing unit plan if requested by the appointing authority of that agency and approved by the administrator director. If the administrator director determines, after conferring with the appointing authority of the employing agency, that an employing unit is or has become inappropriate to carry out sound personnel management practices due to factors including, but not limited to, the size or isolated location of portions of the employing unit, the administrator director may revise the employing unit structure of the agency to effect the remedy required.

AB21,3763 Section 3763. 230.31 (1) (b) of the statutes is amended to read:

AB21,1407,6 230.31 (1) (b) For a 3-year period from the date of separation, if on layoff status, the person shall be placed, in inverse order of layoff, on an appropriate mandatory restoration register for the unit used for layoff and on a restoration register for the agency from which the person was laid off. Use of such registers shall be subject to the rules of the administrator director.

AB21,3764 Section 3764. 230.31 (2) of the statutes is amended to read: