3. This bill eliminates the requirement that, if the director of the bureau makes
certain findings, competition for a vacancy in the classified service must be limited
to members of the classified service, and it eliminates the authority of the director
to limit competition for promotional opportunities in certain circumstances.
4. This bill requires DOA to consult with each state agency to develop a plan,
by no later than January 1, 2017, for assuming responsibility for services relating
to human resources. This bill also requires, by January 1, 2017, DOA to develop a
plan to assume responsibility for administering payroll services, finance services,
budget and procurement functions, and information technology services for certain
state agencies and boards.
5. This bill requires the administrator of DPM and the director of the bureau
to review all of the following by no later than January 1, 2017:
a. The classification of all positions in the state civil service.
b. The Wisconsin Human Resources Handbook.
c. The feasibility of requiring all agencies to use electronic personnel files and
a uniform personnel evaluation system.
d. The 2015-17 compensation plan.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB373,1
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)
AB373,2
1Section
2. 20.865 (1) (dm) of the statutes is created to read:
AB373,6,52
20.865
(1) (dm)
Discretionary merit compensation program. The amounts in
3the schedule to supplement the appropriations to state agencies for the cost of
4discretionary merit compensation awards approved by the division of personnel
5management in the department of administration under s. 20.928 (1f).
AB373,3
6Section
3. 20.928 (1f) of the statutes is created to read:
AB373,6,167
20.928
(1f) Each state agency head shall certify to the administrator of the
8division of personnel management in the department of administration, at such time
9and in such manner as the administrator prescribes, the sum of money needed from
10the appropriations under s. 20.865 (1) (dm) for the state agency to make lump sum
11discretionary merit compensation awards to its classified employees. Upon receipt
12of the certifications together with such additional information as the administrator
13prescribes, the administrator shall determine the amounts required from the
14appropriation to supplement state agency budgets. The administrator may not
15approve an agency request for money from the appropriation under s. 20.865 (1) (dm)
16for a discretionary merit award that increases an employee's base compensation.
AB373,4
17Section
4. 62.13 (4) (d) of the statutes is amended to read:
AB373,7,1018
62.13
(4) (d) The examination shall be free for all U.S. citizens over 18 and
19under 55 years of age, with proper limitations as to health and, subject to ss. 111.321,
1111.322, and 111.335, arrest and conviction record. The examination, including
2minimum training and experience requirements, shall be job-related in compliance
3with appropriate validation standards and shall be subject to the approval of the
4board and may include tests of manual skill and physical strength. All relevant
5experience, whether paid or unpaid, shall satisfy experience requirements. The
6board shall control examinations and may designate and change examiners, who
7may or may not be otherwise in the official service of the city, and whose
8compensation shall be fixed by the board and paid by the city. Veterans and their
9spouses shall be given preference points in accordance with s.
230.16 (7) 63.08 (1)
10(fm).
AB373,5
11Section
5. 63.08 (1) (f) 1. of the statutes is amended to read:
AB373,7,1512
63.08
(1) (f) 1. The commission may not impose any restriction as to age on any
13veteran who is applying or eligible for a position under this section. The commission
14shall give preference points to veterans and their spouses under
s. 230.16 (7) par.
15(fm), except as provided under subd. 2.
AB373,6
16Section
6. 63.08 (1) (f) 2. of the statutes is amended to read:
AB373,7,1917
63.08
(1) (f) 2.
Notwithstanding s. 230.16 (7), persons Persons shall be certified
18from the eligible list under s. 63.05 (1) (b) without adding any preference points to
19any person's grade.
AB373,7
20Section
7. 63.08 (1) (f) 3. of the statutes is amended to read:
AB373,8,221
63.08
(1) (f) 3. After the certification under subd. 2., any veteran or veteran's
22spouse whose grade, plus the points to which the veteran or spouse is entitled under
23s. 230.16 (7) par. (fm), is equal to or higher than the lowest grade on the list made
24under subd. 2. shall be added to the certification list under s. 63.05 (1) (b). The
1number of persons added to a certification list under this subdivision may not exceed
2the number of persons initially certified under subd. 2.
AB373,8
3Section
8. 63.37 of the statutes is amended to read:
AB373,8,13
463.37 Board to keep a register of eligibles. From the returns or reports of
5the examiners, or from the examinations made by the board, the board shall prepare
6and keep a register for each grade or class of position in the service of such city, of
7the persons whose general average standing upon examinations for such grade or
8class is not less than the minimum fixed by the rules of such board, and who are
9otherwise eligible, and such persons shall take rank upon the register as candidates
10in the order of their relative excellence as determined by examination without
11reference to priority of time of examination. The board shall impose no restrictions
12as to age in case of veterans, and veterans and their spouses shall be given preference
13points in accordance with s.
230.16 (7) 63.08 (1) (fm).
AB373,9
14Section
9. 63.39 (2m) of the statutes is amended to read:
AB373,8,2015
63.39
(2m) Notwithstanding s.
230.16 (7) 63.08 (1) (fm), the board shall certify
16persons from the list of eligibles without adding preference points to their grades.
17After the certification under sub. (1) or (2), the board shall add to the certification list
18any veteran or veteran's spouse whose grade, plus the points to which the veteran
19or spouse is entitled under s.
230.16 (7) 63.08 (1) (fm), is equal to or higher than the
20lowest grade on the list of eligibles.
AB373,10
21Section
10. 66.0509 (1) of the statutes is amended to read:
AB373,9,922
66.0509
(1) Any city or village may proceed under s. 61.34 (1), 62.11 (5) or
2366.0101 to establish a civil service system of selection, tenure and status, and the
24system may be made applicable to all municipal personnel except the chief executive
25and members of the governing body, members of boards and commissions including
1election officials, employees subject to s. 62.13, members of the judiciary and
2supervisors. Any town may establish a civil service system under this subsection.
3For veterans there shall be no restrictions as to age, and veterans and their spouses
4shall be given preference points in accordance with s.
230.16 (7) 63.08 (1) (fm). The
5system may also include uniform provisions in respect to attendance, leave
6regulations, compensation and payrolls for all personnel included in the system. The
7governing body of any city, village or town establishing a civil service system under
8this section may exempt from the system the librarians and assistants subject to s.
943.09 (1).
AB373,11
10Section
11. 230.01 (2) of the statutes is renumbered 230.01 (2) (a) and
11amended to read:
AB373,9,1512
230.01
(2) (a) It is the policy of the state and the responsibility of the director
13and the administrator to maintain a system of personnel management which fills
14positions in the classified service through methods which apply the merit principle,
15with adequate civil service safeguards.
AB373,9,21
16(b) It is the policy of this state to provide for equal employment opportunity by
17ensuring that all personnel actions including hire, tenure or term, and condition or
18privilege of employment be based on the ability to perform the duties and
19responsibilities assigned to the particular position without regard to age, race, creed
20or religion, color, disability, sex, national origin, ancestry, sexual orientation
, or
21political affiliation.
AB373,9,23
22(c) It is the policy of this state to take affirmative action which is not in conflict
23with other provisions of this chapter.
AB373,9,25
24(d) It is the policy of the state to ensure its employees opportunities for
25satisfying careers and fair treatment based on the value of each employee's services.
AB373,10,3
1(e) It is the policy of this state to encourage disclosure of information under
2subch. III and to ensure that any employee employed by a governmental unit is
3protected from retaliatory action for disclosing information under subch. III.
AB373,10,5
4(f) It is the policy of this state to correct pay inequities based on gender or race
5in the state civil service system.
AB373,12
6Section
12. 230.01 (2) (bm) of the statutes is created to read:
AB373,10,107
230.01
(2) (bm) It is the policy of this state to recruit, select, and promote
8employees based on their relative skills, abilities, competencies, and knowledge,
9including using open processes to consider qualified applicants for initial
10employment.
AB373,13
11Section
13. 230.01 (2) (bp) of the statutes is created to read:
AB373,10,1512
230.01
(2) (bp) It is the policy of this state to retain employees on the basis of
13the adequacy of their performance, to correct inadequate performance when possible
14and appropriate, and to separate from state service employees whose performance
15and personal conduct is inadequate, unsuitable, or inferior.
AB373,14
16Section
14. 230.04 (13m) of the statutes is created to read:
AB373,10,2017
230.04
(13m) The administrator shall establish standards for progressive
18discipline plans to be prepared by all agencies and applied to all employees in the
19classified service. The standards shall address progressive discipline for personal
20conduct and work performance that is inadequate, unsuitable, or inferior.
AB373,10,2523
230.04
(14) The Except as provided in s. 230.445, the administrator shall
24establish, by rule, the scope and minimum requirements of a state employee
25grievance procedure relating to conditions of employment.
AB373,16
1Section
16. 230.04 (19) of the statutes is created to read:
AB373,11,52
230.04
(19) The administrator shall develop and implement a discretionary
3merit award program to distribute money under s. 20.928 (1f) to agencies for the
4purpose of providing lump sum monetary awards to classified employees whose job
5performance has exceeded agency expectations.
AB373,11,108
230.05
(7) The director shall use techniques and procedures designed to certify
9eligible applicants to any vacant permanent position within
45 30 days after the
10filing of an appropriate request by an appointing authority.
AB373,18
11Section
18. 230.06 (1) (m) of the statutes is created to read:
AB373,11,1312
230.06
(1) (m) Prepare a progressive discipline plan which complies with the
13standards established by the administrator under s. 230.04 (13m).
AB373,19
14Section
19. 230.06 (4) of the statutes is created to read:
AB373,11,2015
230.06
(4) An appointing authority shall maintain permanently an employee's
16disciplinary records in the employee's personnel file. Unless otherwise ordered by
17a court or, during the grievance process under s. 230.445, by the appointing
18authority, administrator, or commission, or unless otherwise agreed to in a
19settlement agreement, disciplinary records may not be removed from an employee's
20personnel file.
AB373,20
21Section
20. 230.08 (2) (c) of the statutes is amended to read:
AB373,12,622
230.08
(2) (c) The director, associate director
, and state historian of the
23historical society; and, with the approval of the board of curators and the
24administrator, such number of specialists as are required by the society for specific
25research, writing, collecting
, or editing projects which for a limited period of time not
1to exceed 2 years, renewable at the discretion of the board of curators and the
2administrator for an additional 2-year period, require persons with particular
3training or experience in a specialized phase or field of history, historical research,
4writing, collecting
, or editing, and any persons whose entire salary is paid from funds
5reappropriated to the society by s. 20.245 (1) (r) where
a competitive
examination 6process is impractical.
AB373,21
7Section
21. 230.12 (1) (h) of the statutes is amended to read:
AB373,12,118
230.12
(1) (h)
Other pay, benefits, and working conditions. The compensation
9plan may include other provisions relating to pay, benefits, and working conditions
10that
shall supersede
the provisions of the civil service and other applicable statutes
11and rules promulgated by the director and the administrator.
AB373,22
12Section
22. 230.13 (1) (a) of the statutes is amended to read:
AB373,12,1413
230.13
(1) (a)
Examination scores and ranks and other evaluations 14Evaluations of applicants
, including any examination scores and rankings.
AB373,23
15Section
23. 230.13 (3) (b) of the statutes is amended to read:
AB373,12,1816
230.13
(3) (b) The director and the administrator may provide any agency with
17personnel information relating to the hiring and recruitment process, including
18specifically
the examination scores and ranks and other evaluations of applicants.
AB373,24
19Section
24. 230.13 (3) (c) of the statutes is created to read:
AB373,12,2220
230.13
(3) (c) The administrator and the director shall provide an appointing
21authority with access to the personnel files of any individual who currently holds a
22position whom the appointing authority intends to make an offer of employment.
AB373,13,6
1230.15
(1) Subject to the restriction under s. 230.143, appointments to, and
2promotions in, the classified service shall be made only according to merit and
3fitness, which shall be ascertained so far as practicable by competitive
examination 4procedures. The director may waive competitive
examination procedures for
5appointments made under subs. (1m) and (2) and shall waive competitive
6examination procedures for appointments made under sub. (2m).
AB373,13,129
230.15
(1m) (c) 1. Whenever a position is included in the classified service
10under par. (a), the director may waive the requirement for competitive
examination 11procedures under sub. (1) with respect to the position and certify the incumbent
12employee for appointment to the position in accordance with subd. 2.
AB373,27
13Section
27. 230.15 (6) of the statutes is created to read:
AB373,13,1714
230.15
(6) Annually, each appointing authority shall submit a report to the
15director and the administrator indicating the number of days it took to make an offer
16of employment for a vacant position after receiving from the director a list of names
17of individuals who are certified for appointment to the position.
AB373,28
18Section
28. 230.15 (7) of the statutes is created to read:
AB373,13,2119
230.15
(7) An appointing authority may not make an offer of employment to
20any individual who currently holds a position unless the appointing authority has
21reviewed the personnel file of the individual.
AB373,29
22Section
29. 230.16 (title) of the statutes is amended to read:
AB373,13,23
23230.16 (title)
Applications and examinations resumes.
AB373,14,4
1230.16
(1) (a) The director shall require persons applying for
admission to any
2examination under this subchapter or under the rules of the director a position in the
3classified service to file an application
and resume with the bureau
a reasonable time
4prior to the proposed examination.
AB373,31
5Section
31. 230.16 (1) (ap) of the statutes is created to read:
AB373,14,136
230.16
(1) (ap) 1. Except as provided in subd. 2., the director may not request
7a person applying for a position in the civil service, on an application or otherwise,
8to supply information regarding the conviction record of the applicant, or otherwise
9inquire into or consider the conviction record of the applicant before the applicant
10has been certified for the position. This paragraph does not prohibit the
11administrator from notifying an applicant for a position in the civil service that, by
12law or policy, a particular conviction record may disqualify an applicant from
13employment in a particular position.
AB373,14,1914
2. If a particular conviction record disqualifies applicants for a certain position
15in the state civil service, the administrator may request a person applying for the
16position to supply information regarding the conviction record of the applicant, or
17otherwise inquire into or consider the conviction record of the applicant, to determine
18whether the applicant's conviction record disqualifies him or her for the position
19before the applicant is certified for the position.
AB373,15,322
230.16
(2) Competitive
examinations
procedures in the selection process shall
23be free and open to all applicants who have fulfilled the preliminary requirements
24stated in the
examination announcement
for the procedure. To assure that all
25applicants have a fair opportunity to compete,
examinations competitive procedures
1shall be
held at such times and places as, in the judgment of the director, scheduled
2in a manner that most nearly meet the convenience of applicants and needs of the
3service
, as determined by the director.
AB373,15,126
230.16
(3) The director may appoint boards of
examiners evaluators of at least
72 persons
, one of which is selected by the bureau and one of which is a representative
8of the appointing authority, for the purpose of conducting oral
examinations 9evaluations as a part of the
examination hiring procedure for certain positions. All
10board members evaluators shall be well-qualified and impartial. All questions
11asked and answers made in any
examination of applicants oral evaluation shall be
12recorded and made a part of the
records of the applicants applicant's records.
AB373,34
13Section
34. 230.16 (4) of the statutes is amended to read:
AB373,15,1814
230.16
(4) All
examinations selection criteria, including minimum training
15and experience requirements, for positions in the classified service shall be
16job-related in compliance with appropriate validation standards and shall be subject
17to the approval of the administrator. All relevant experience, whether paid or
18unpaid, shall satisfy experience requirements.
AB373,16,421
230.16
(5) In the interest of sound personnel management, consideration of
22applicants
, and service to agencies, the director may set a standard for proceeding
23to subsequent steps in
an examination the selection process, provided that all
24applicants are fairly treated and due notice has been given.
The standard may be
25at or above the passing point set by the director for any portion of the examination.
1The director shall utilize appropriate scientific techniques and procedures in
2administering the selection process, in rating the results of
examinations any
3evaluations used in the selection process, and in determining the relative ratings of
4the competitors.
AB373,16,117
230.16
(6) If any applicant is unable to complete
the examination an evaluation
8that is used in the selection process in the form presented to the applicant due to a
9disability, the bureau shall provide
a reader, an appropriate place to take the
10examination or other similar prerequisites necessary accommodations to ensure
11equality of opportunity in the
examination selection process.
AB373,37
12Section
37. 230.16 (7) of the statutes is renumbered 63.08 (1) (fm), and 63.08
13(1) (fm) 1. (intro.) and 2., as renumbered, are amended to read:
AB373,16,1814
63.08
(1) (fm) 1. (intro.) A preference shall be given to those veterans and to
15those spouses of veterans specified in subds. 1.
to 6.
a. to f. who gain eligibility on any
16competitive employment register and who do not currently hold a permanent
17appointment or have mandatory restoration rights to a permanent appointment to
18any position. A preference means the following: