AB373: Bill Text

Just cause and discipline.

1. The bill requires the administrator of DPM to establish standards for progressive discipline plans that are prepared by agencies and applied to all employees in the classified service. The bill specifically requires that the standards address progressive discipline for both personal conduct and work performance that is inadequate, unsuitable, or inferior. The bill also requires that each appointing authority prepare a progressive discipline plan for the appointing authority's agency that complies with the administrator's standards.

2. Under current law, an employer may remove, suspend without pay, discharge, reduce the base pay of, or demote (take an adverse employment action against) a permanent classified employee and certain assistant district attorneys and assistant state public defenders only for just cause. This bill expressly states that an employer has just cause to take an adverse employment action against an employee for work performance or personal conduct that an appointing authority determines to be inadequate, unsuitable, or inferior, but only after the appointing authority imposes progressive discipline that complies with standards established by the administrator of DPM. This bill also expressly states that an employer has just cause to take an adverse employment action against an employee without imposing progressive discipline for specific conduct. Such conduct includes theft of agency property, falsifying agency records, and while on duty, harassing or intentionally inflicting physical harm on another person.

3. This bill changes the threshold for considering an employee's position abandoned and disciplining the employee for failing to report for work as scheduled without contacting a supervisor from 5 consecutive working days during a calendar year to 3 working days in a calendar year.

Grievance process for certain adverse employment actions.

This bill creates a specific grievance process for classified employees to challenge adverse employment actions. To begin the grievance process, an employee must file a complaint challenging the adverse employment decision with the employee's appointing authority no later than 14 days after the employee becomes aware of, or should have become aware of, the adverse employment decision. The appointing authority then conducts an investigation, meets with the employee in person, and issues a written decision no later than 14 days after receiving the complaint. To appeal an appointing authority's decision, the employee must file a complaint with the administrator of DPM no later than 14 days after the appointing authority issues its decision. Within 30 days of receiving a timely complaint, the administrator must review the complaint and issue a written decision. To appeal the administrator's decision, an appointing authority or employee must file an appeal with the Employment Relations Commission (WERC) not later than 14 days after receiving the administrator's decision. If an employee fails to satisfy any of the deadlines described in the grievance process, the employee is deemed to have waived his or her right to appeal the adverse employment action.

If WERC determines that all of the procedural requirements for an appeal of an adverse employment decision have been satisfied, it will hear the employee's appeal under its standard process for state civil service appeals except that WERC must issue a decision on an appeal of an adverse employment decision no later than 120 days after the appeal is filed.

Discretionary merit award program.

This bill requires the administrator of DPM to create a discretionary merit award program to provide additional funding to state agencies for the purpose of providing lump sum monetary awards to classified employees whose performance exceeds agency expectations. Under the bill, each state agency must certify to the administrator the amount of additional funding the agency needs to make lump sum discretionary merit awards to classified employees. The administrator then distributes the additional funding appropriated for this purpose to state agencies to make the lump sum merit awards to classified employees.

Other changes:

1. This bill adds to the current employee performance evaluation program a requirement that each appointing authority conduct an annual performance evaluation of each employee appointed by the appointing authority.

2. This bill requires an appointing authority to permanently maintain employee files, and subject to certain exceptions, prohibits the removal of disciplinary records from employee personnel files.

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 Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

AB373,2 Section 2. 20.865 (1) (dm) of the statutes is created to read:

AB373,6,5 20.865 (1) (dm) Discretionary merit compensation program. The amounts in the schedule to supplement the appropriations to state agencies for the cost of discretionary merit compensation awards approved by the division of personnel management in the department of administration under s. 20.928 (1f).

AB373,3 Section 3. 20.928 (1f) of the statutes is created to read:

AB373,6,16 20.928 (1f) Each state agency head shall certify to the administrator of the division of personnel management in the department of administration, at such time and in such manner as the administrator prescribes, the sum of money needed from the appropriations under s. 20.865 (1) (dm) for the state agency to make lump sum discretionary merit compensation awards to its classified employees. Upon receipt of the certifications together with such additional information as the administrator prescribes, the administrator shall determine the amounts required from the appropriation to supplement state agency budgets. The administrator may not approve an agency request for money from the appropriation under s. 20.865 (1) (dm) for a discretionary merit award that increases an employee's base compensation.

AB373,4 Section 4. 62.13 (4) (d) of the statutes is amended to read:

AB373,7,10 62.13 (4) (d) The examination shall be free for all U.S. citizens over 18 and under 55 years of age, with proper limitations as to health and, subject to ss. 111.321, 111.322, and 111.335, arrest and conviction record. The examination, including minimum training and experience requirements, shall be job-related in compliance with appropriate validation standards and shall be subject to the approval of the board and may include tests of manual skill and physical strength. All relevant experience, whether paid or unpaid, shall satisfy experience requirements. The board shall control examinations and may designate and change examiners, who may or may not be otherwise in the official service of the city, and whose compensation shall be fixed by the board and paid by the city. Veterans and their spouses shall be given preference points in accordance with s. 230.16 (7) 63.08 (1) (fm).

AB373,5 Section 5. 63.08 (1) (f) 1. of the statutes is amended to read:

AB373,7,15 63.08 (1) (f) 1. The commission may not impose any restriction as to age on any veteran who is applying or eligible for a position under this section. The commission shall give preference points to veterans and their spouses under s. 230.16 (7) par. (fm), except as provided under subd. 2.

AB373,6 Section 6. 63.08 (1) (f) 2. of the statutes is amended to read:

AB373,7,19 63.08 (1) (f) 2. Notwithstanding s. 230.16 (7), persons Persons shall be certified from the eligible list under s. 63.05 (1) (b) without adding any preference points to any person's grade.

AB373,7 Section 7. 63.08 (1) (f) 3. of the statutes is amended to read:

AB373,8,2 63.08 (1) (f) 3. After the certification under subd. 2., any veteran or veteran's spouse whose grade, plus the points to which the veteran or spouse is entitled under s. 230.16 (7) par. (fm), is equal to or higher than the lowest grade on the list made under subd. 2. shall be added to the certification list under s. 63.05 (1) (b). The number of persons added to a certification list under this subdivision may not exceed the number of persons initially certified under subd. 2.

AB373,8 Section 8. 63.37 of the statutes is amended to read:

AB373,8,13 63.37 Board to keep a register of eligibles. From the returns or reports of the examiners, or from the examinations made by the board, the board shall prepare and keep a register for each grade or class of position in the service of such city, of the persons whose general average standing upon examinations for such grade or class is not less than the minimum fixed by the rules of such board, and who are otherwise eligible, and such persons shall take rank upon the register as candidates in the order of their relative excellence as determined by examination without reference to priority of time of examination. The board shall impose no restrictions as to age in case of veterans, and veterans and their spouses shall be given preference points in accordance with s. 230.16 (7) 63.08 (1) (fm).

AB373,9 Section 9. 63.39 (2m) of the statutes is amended to read:

AB373,8,20 63.39 (2m) Notwithstanding s. 230.16 (7) 63.08 (1) (fm), the board shall certify persons from the list of eligibles without adding preference points to their grades. After the certification under sub. (1) or (2), the board shall add to the certification list any veteran or veteran's spouse whose grade, plus the points to which the veteran or spouse is entitled under s. 230.16 (7) 63.08 (1) (fm), is equal to or higher than the lowest grade on the list of eligibles.

AB373,10 Section 10. 66.0509 (1) of the statutes is amended to read:

AB373,9,9 66.0509 (1) Any city or village may proceed under s. 61.34 (1), 62.11 (5) or 66.0101 to establish a civil service system of selection, tenure and status, and the system may be made applicable to all municipal personnel except the chief executive and members of the governing body, members of boards and commissions including election officials, employees subject to s. 62.13, members of the judiciary and supervisors. Any town may establish a civil service system under this subsection. For veterans there shall be no restrictions as to age, and veterans and their spouses shall be given preference points in accordance with s. 230.16 (7) 63.08 (1) (fm). The system may also include uniform provisions in respect to attendance, leave regulations, compensation and payrolls for all personnel included in the system. The governing body of any city, village or town establishing a civil service system under this section may exempt from the system the librarians and assistants subject to s. 43.09 (1).

AB373,11 Section 11. 230.01 (2) of the statutes is renumbered 230.01 (2) (a) and amended to read:

AB373,9,15 230.01 (2) (a) It is the policy of the state and the responsibility of the director and the administrator to maintain a system of personnel management which fills positions in the classified service through methods which apply the merit principle, with adequate civil service safeguards.

AB373,9,21 (b) It is the policy of this state to provide for equal employment opportunity by ensuring that all personnel actions including hire, tenure or term, and condition or privilege of employment be based on the ability to perform the duties and responsibilities assigned to the particular position without regard to age, race, creed or religion, color, disability, sex, national origin, ancestry, sexual orientation, or political affiliation.

AB373,9,23 (c) It is the policy of this state to take affirmative action which is not in conflict with other provisions of this chapter.

AB373,9,25 (d) It is the policy of the state to ensure its employees opportunities for satisfying careers and fair treatment based on the value of each employee's services.

AB373,10,3 (e) It is the policy of this state to encourage disclosure of information under subch. III and to ensure that any employee employed by a governmental unit is protected from retaliatory action for disclosing information under subch. III.

AB373,10,5 (f) It is the policy of this state to correct pay inequities based on gender or race in the state civil service system.

AB373,12 Section 12. 230.01 (2) (bm) of the statutes is created to read:

AB373,10,10 230.01 (2) (bm) It is the policy of this state to recruit, select, and promote employees based on their relative skills, abilities, competencies, and knowledge, including using open processes to consider qualified applicants for initial employment.

AB373,13 Section 13. 230.01 (2) (bp) of the statutes is created to read:

AB373,10,15 230.01 (2) (bp) It is the policy of this state to retain employees on the basis of the adequacy of their performance, to correct inadequate performance when possible and appropriate, and to separate from state service employees whose performance and personal conduct is inadequate, unsuitable, or inferior.

AB373,14 Section 14. 230.04 (13m) of the statutes is created to read:

AB373,10,20 230.04 (13m) The administrator shall establish standards for progressive discipline plans to be prepared by all agencies and applied to all employees in the classified service. The standards shall address progressive discipline for personal conduct and work performance that is inadequate, unsuitable, or inferior.

AB373,15 Section 15. 230.04 (14) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB373,10,25 230.04 (14) The Except as provided in s. 230.445, the administrator shall establish, by rule, the scope and minimum requirements of a state employee grievance procedure relating to conditions of employment.

AB373,16 Section 16. 230.04 (19) of the statutes is created to read:

AB373,11,5 230.04 (19) The administrator shall develop and implement a discretionary merit award program to distribute money under s. 20.928 (1f) to agencies for the purpose of providing lump sum monetary awards to classified employees whose job performance has exceeded agency expectations.

AB373,17 Section 17. 230.05 (7) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB373,11,10 230.05 (7) The director shall use techniques and procedures designed to certify eligible applicants to any vacant permanent position within 45 30 days after the filing of an appropriate request by an appointing authority.

AB373,18 Section 18. 230.06 (1) (m) of the statutes is created to read:

AB373,11,13 230.06 (1) (m) Prepare a progressive discipline plan which complies with the standards established by the administrator under s. 230.04 (13m).

AB373,19 Section 19. 230.06 (4) of the statutes is created to read:

AB373,11,20 230.06 (4) An appointing authority shall maintain permanently an employee's disciplinary records in the employee's personnel file. Unless otherwise ordered by a court or, during the grievance process under s. 230.445, by the appointing authority, administrator, or commission, or unless otherwise agreed to in a settlement agreement, disciplinary records may not be removed from an employee's personnel file.

AB373,20 Section 20. 230.08 (2) (c) of the statutes is amended to read:

AB373,12,6 230.08 (2) (c) The director, associate director, and state historian of the historical society; and, with the approval of the board of curators and the administrator, such number of specialists as are required by the society for specific research, writing, collecting, or editing projects which for a limited period of time not to exceed 2 years, renewable at the discretion of the board of curators and the administrator for an additional 2-year period, require persons with particular training or experience in a specialized phase or field of history, historical research, writing, collecting, or editing, and any persons whose entire salary is paid from funds reappropriated to the society by s. 20.245 (1) (r) where a competitive examination process is impractical.

AB373,21 Section 21. 230.12 (1) (h) of the statutes is amended to read:

AB373,12,11 230.12 (1) (h) Other pay, benefits, and working conditions. The compensation plan may include other provisions relating to pay, benefits, and working conditions that shall supersede the provisions of the civil service and other applicable statutes and rules promulgated by the director and the administrator.

AB373,22 Section 22. 230.13 (1) (a) of the statutes is amended to read:

AB373,12,14 230.13 (1) (a) Examination scores and ranks and other evaluations Evaluations of applicants, including any examination scores and rankings.

AB373,23 Section 23. 230.13 (3) (b) of the statutes is amended to read:

AB373,12,18 230.13 (3) (b) The director and the administrator may provide any agency with personnel information relating to the hiring and recruitment process, including specifically the examination scores and ranks and other evaluations of applicants.

AB373,24 Section 24. 230.13 (3) (c) of the statutes is created to read:

AB373,12,22 230.13 (3) (c) The administrator and the director shall provide an appointing authority with access to the personnel files of any individual who currently holds a position whom the appointing authority intends to make an offer of employment.

AB373,25 Section 25. 230.15 (1) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB373,13,6 230.15 (1) Subject to the restriction under s. 230.143, appointments to, and promotions in, the classified service shall be made only according to merit and fitness, which shall be ascertained so far as practicable by competitive examination procedures. The director may waive competitive examination procedures for appointments made under subs. (1m) and (2) and shall waive competitive examination procedures for appointments made under sub. (2m).

AB373,26 Section 26. 230.15 (1m) (c) 1. of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB373,13,12 230.15 (1m) (c) 1. Whenever a position is included in the classified service under par. (a), the director may waive the requirement for competitive examination procedures under sub. (1) with respect to the position and certify the incumbent employee for appointment to the position in accordance with subd. 2.

AB373,27 Section 27. 230.15 (6) of the statutes is created to read:

AB373,13,17 230.15 (6) Annually, each appointing authority shall submit a report to the director and the administrator indicating the number of days it took to make an offer of employment for a vacant position after receiving from the director a list of names of individuals who are certified for appointment to the position.

AB373,28 Section 28. 230.15 (7) of the statutes is created to read:

AB373,13,21 230.15 (7) An appointing authority may not make an offer of employment to any individual who currently holds a position unless the appointing authority has reviewed the personnel file of the individual.

AB373,29 Section 29. 230.16 (title) of the statutes is amended to read:

AB373,13,23 230.16 (title) Applications and examinations resumes.

AB373,30 Section 30. 230.16 (1) (a) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB373,14,4 230.16 (1) (a) The director shall require persons applying for admission to any examination under this subchapter or under the rules of the director a position in the classified service to file an application and resume with the bureau a reasonable time prior to the proposed examination.

AB373,31 Section 31. 230.16 (1) (ap) of the statutes is created to read:

AB373,14,13 230.16 (1) (ap) 1. Except as provided in subd. 2., the director may not request a person applying for a position in the civil service, on an application or otherwise, to supply information regarding the conviction record of the applicant, or otherwise inquire into or consider the conviction record of the applicant before the applicant has been certified for the position. This paragraph does not prohibit the administrator from notifying an applicant for a position in the civil service that, by law or policy, a particular conviction record may disqualify an applicant from employment in a particular position.

AB373,14,19 2. If a particular conviction record disqualifies applicants for a certain position in the state civil service, the administrator may request a person applying for the position to supply information regarding the conviction record of the applicant, or otherwise inquire into or consider the conviction record of the applicant, to determine whether the applicant's conviction record disqualifies him or her for the position before the applicant is certified for the position.