SB21,3759
19Section
3759. 230.28 (3) of the statutes is amended to read:
SB21,1405,2320
230.28
(3) If an employee is removed from a position during the probationary
21period, and the
administrator director determines that the person is suitable for
22appointment to another position, the person's name may be restored to the list from
23which it was certified.
SB21,3760
24Section
3760. 230.28 (4) of the statutes is amended to read:
SB21,1406,9
1230.28
(4) A person reinstated in an employing unit other than one in which
2the person previously served in permanent status in the class in which the person
3is being reinstated, an employee who transfers from one employing unit to another,
4an employee who moves to a different employing unit in conjunction with a voluntary
5demotion, and a person who had not obtained permanent status in class in a
6supervisory or management position prior to appointment to another supervisory or
7management position, may be required by the appointing authority to serve a
8probationary period. Provisions for the duration of such probationary period shall
9be provided in the rules of the
administrator director.
SB21,3761
10Section
3761. 230.29 of the statutes is amended to read:
SB21,1406,12
11230.29 Transfers. A transfer may be made from one position to another only
12if specifically authorized by the
administrator director.
SB21,3762
13Section
3762. 230.30 (1) of the statutes is amended to read:
SB21,1406,2514
230.30
(1) Each agency shall constitute an employing unit for purposes of
15personnel transactions, except where appropriate functional, organizational or
16geographic breakdowns exist within the agency and except as provided in sub. (2).
17These breakdowns may constitute a separate employing unit for one or more types
18of personnel transactions under an overall employing unit plan if requested by the
19appointing authority of that agency and approved by the
administrator director. If
20the
administrator director determines, after conferring with the appointing
21authority of the employing agency, that an employing unit is or has become
22inappropriate to carry out sound personnel management practices due to factors
23including, but not limited to, the size or isolated location of portions of the employing
24unit, the
administrator director may revise the employing unit structure of the
25agency to effect the remedy required.
SB21,3763
1Section
3763. 230.31 (1) (b) of the statutes is amended to read:
SB21,1407,62
230.31
(1) (b) For a 3-year period from the date of separation, if on layoff status,
3the person shall be placed, in inverse order of layoff, on an appropriate mandatory
4restoration register for the unit used for layoff and on a restoration register for the
5agency from which the person was laid off. Use of such registers shall be subject to
6the rules of the
administrator director.
SB21,3764
7Section
3764. 230.31 (2) of the statutes is amended to read:
SB21,1407,108
230.31
(2) The
administrator director may also provide for the reinstatement
9of persons who have served in seasonal and sessional employment and for persons
10who separate from a position while serving a probationary period.
SB21,3765
11Section
3765. 230.315 (1) (c) of the statutes is amended to read:
SB21,1407,1612
230.315
(1) (c) The employee has received a military leave of absence under s.
13230.32 (3) (a) or 230.35 (3), under a collective bargaining agreement under subch. V
14of ch. 111, or under rules promulgated by the
office of employment relations division 15or is eligible for reemployment with the state under s. 321.64 after completion of his
16or her service in the U.S. armed forces.
SB21,3766
17Section
3766. 230.32 (3) of the statutes is amended to read:
SB21,1407,2218
230.32
(3) (a) Any classified employee who leaves state service and enters the
19armed forces of the United States shall, under this section, be granted written
20military leave of absence by the appointing authority. Notice of such leave from state
21service and the terms of any such leave shall be given in writing by the appointing
22authority to the
director administrator for purposes of record.
SB21,1408,723
(b) Any classified employee who leaves state service for civilian employment
24in response to a specific request or order of the federal government or any of its
25agencies in connection with manpower redistribution and utilization shall, under
1this section, make written application to the appointing authority for civilian leave
2of absence presenting such specific request or order of the federal government as
3supporting evidence. Such civilian leave shall be allowed by the appointing
4authority and its terms, which shall conform to the rules of the
director 5administrator, shall be in writing. Notice of such leave from state service shall be
6made in writing by the appointing authority to the
director administrator for
7purposes of record.
SB21,1408,108
(c) All such military or civilian leaves of absence as heretofore may have been
9granted are validated and shall be deemed to be sufficient and effective hereunder.
10Such leaves shall be recorded with the
director administrator.
SB21,3767
11Section
3767. 230.32 (4) of the statutes is amended to read:
SB21,1408,2012
230.32
(4) Any person appointed to fill the position of an employee on such
13military or civilian leave shall be designated as a substitute or replacement employee
14and upon the return and reemployment of the original employee the substitute
15employee shall be transferred to a similar position with the same employing agency
16if one is available, or if not, he or she shall be eligible for reinstatement or have the
17right of restoration in accordance with this subchapter and the rules of the
18administrator director. The status of any person who is appointed to fill the place
19of an employee on military or civilian leave under this section shall be governed by
20the rules of the
administrator director pursuant thereto.
SB21,3768
21Section
3768. 230.32 (5) of the statutes is amended to read:
SB21,1408,2322
230.32
(5) The restoration of classified former employees of the state shall be
23governed by this section and by the rules of the
administrator director.
SB21,3769
24Section
3769. 230.33 (2) of the statutes is amended to read:
SB21,1409,9
1230.33
(2) A person appointed to an unclassified position by an appointing
2authority other than an appointing authority described under sub. (1), to a
3department other than the one in which the person was a classified employee may
4be granted a leave of absence without pay at the option of the person's former
5appointing authority in accordance with the leave of absence provisions in the rules
6of the
director administrator. An employee granted a leave of absence shall have the
7same restoration rights and reinstatement privileges as under sub. (1m). If not
8granted a leave of absence, the employee shall be entitled only to the reinstatement
9privileges under sub. (1m).
SB21,3770
10Section
3770. 230.339 of the statutes is repealed.
SB21,3771
11Section
3771. 230.34 (1) (c) of the statutes is amended to read:
SB21,1409,1312
230.34
(1) (c) The
director administrator shall establish guidelines for uniform
13application of this authority among the various agencies.
SB21,3772
14Section
3772. 230.34 (2) (b) of the statutes is amended to read:
SB21,1409,1915
230.34
(2) (b) The
administrator
director shall promulgate rules governing
16layoffs and appeals therefrom and alternative procedures in lieu of layoff to include
17voluntary and involuntary demotion and the exercise of a displacing right to a
18comparable or lower class, as well as the subsequent employee right of restoration
19or eligibility for reinstatement.
SB21,3773
20Section
3773. 230.34 (2m) of the statutes is amended to read:
SB21,1410,321
230.34
(2m) Employees in positions funded by nonstate funds made available
22contingent on special employee eligibility requirements such as length of prior
23unemployment, specific occupational disadvantages or need for remedial work
24experience, shall be exempt from inclusion with the employees whose positions are
25in classes considered for layoff under sub. (2). In the case of reduction in force in such
1nonstate funded positions, layoffs and layoff procedures established pursuant to the
2rules of the
administrator director may be limited to employees whose positions are
3dependent upon specific funding contingencies.
SB21,3774
4Section
3774. 230.34 (3) of the statutes is amended to read:
SB21,1410,75
230.34
(3) The appointing authority shall confer with the
administrator 6director relative to a proposed layoff a reasonable time before the effective date
7thereof in order to assure compliance with the rules.
SB21,3775
8Section
3775. 230.34 (4) of the statutes is amended to read:
SB21,1410,109
230.34
(4) Resignations shall be regulated by the rules of the
director 10administrator.
SB21,3776
11Section
3776. 230.35 (1) (d) of the statutes is amended to read:
SB21,1410,1712
230.35
(1) (d) Annual leaves of absence shall not be cumulative except under
13sub. (1p) and except that unused annual leave shall, subject to the rules of the
14director administrator, be used in the year following the one in which it was earned,
15but no employee shall lose any unused annual leave because the employee's work
16responsibilities prevented the usage of the unused annual leave during the first 6
17months of the year following the year in which it was earned.
SB21,3777
18Section
3777. 230.35 (1m) (f) of the statutes is amended to read:
SB21,1411,619
230.35
(1m) (f) The continuous service of an employee eligible for annual leave
20under this subsection shall not be considered interrupted if the employee was on an
21approved leave of absence to participate in providing specialized disaster relief
22services or if the employee leaves the service and is reemployed by the state in
23another position covered under this subsection. Employees appointed to career
24executive positions under s. 230.24 or positions designated in s. 19.42 (10) (L) or
2520.923 (4), (7), (8), or (9) or authorized under s. 230.08 (2) (e) are not subject to the
1continuous service requirements under sub. (1) (g) if they are reemployed in any of
2those positions, regardless of the duration of their absence. If the employees are
3reemployed in a position other than a career executive position or a position
4designated in s. 19.42 (10) (L) or 20.923 (4), (7), (8), or (9) or authorized under s.
5230.08 (2) (e), continuous service shall be established in accordance with rules of the
6director administrator.
SB21,3778
7Section
3778. 230.35 (1s) of the statutes is amended to read:
SB21,1411,138
230.35
(1s) Annual leave of absence with pay for instructional staff employed
9by the board of regents of the University of Wisconsin System who provide services
10for a charter school established by contract under s. 118.40 (2r) (cm)
, 2013 stats., 11shall be determined by the governing board of the charter school established by
12contract under s. 118.40 (2r) (cm),
2013 stats., as approved by the chancellor of the
13University of Wisconsin-Parkside.
SB21,3779
14Section
3779. 230.35 (1s) of the statutes, as affected by 2015 Wisconsin Act
15.... (this act), is repealed.
SB21,3780
16Section
3780. 230.35 (2) of the statutes is amended to read:
SB21,1412,217
230.35
(2) Leave of absence with pay owing to sickness and leave of absence
18without pay, other than annual leave and leave under s. 103.10, shall be regulated
19by rules of the
director administrator, except that unused sick leave shall accumulate
20from year to year. After July 1, 1973, employees appointed to career executive
21positions under the program established under s. 230.24 or positions designated in
22s. 19.42 (10) (L) or 20.923 (4), (7), (8), and (9) or authorized under s. 230.08 (2) (e) shall
23have any unused sick leave credits restored if they are reemployed in a career
24executive position or in a position under s. 19.42 (10) (L) or 20.923 (4), (7), (8), and
25(9) or authorized under s. 230.08 (2) (e), regardless of the duration of their absence.
1Restoration of unused sick leave credits if reemployment is to a position other than
2those specified above shall be in accordance with rules of the
director administrator.
SB21,3781
3Section
3781. 230.35 (2r) (b) of the statutes is amended to read:
SB21,1412,94
230.35
(2r) (b) The
director administrator may establish, by rule, a
5catastrophic leave program that permits employees to donate certain types and
6amounts of leave credits to other employees who have been absent from pay status
7because of a catastrophic need for which there is no paid leave benefits or
8replacement income available. The
director administrator shall determine the types
9and amounts of leave credits that may be donated.
SB21,3782
10Section
3782. 230.35 (3) (d) of the statutes is amended to read:
SB21,1412,1411
230.35
(3) (d) Employees of the state are entitled to reasonable paid leaves of
12absence to compete in promotional examinations and interviews. The
director 13administrator shall promulgate rules governing the lengths of time allowable for
14such leaves, their frequency and the provisions for their use.
SB21,3783
15Section
3783. 230.35 (3) (e) 2. e. of the statutes is amended to read:
SB21,1412,1816
230.35
(3) (e) 2. e. The leave of absence conforms with any rules of the
director 17administrator regarding leaves of absence to provide specialized disaster relief
18services.
SB21,3784
19Section
3784. 230.35 (3) (e) 5. of the statutes is amended to read:
SB21,1412,2120
230.35
(3) (e) 5. The
director administrator may promulgate any rules
21necessary to implement this paragraph.
SB21,3785
22Section
3785. 230.35 (5) (b) of the statutes is amended to read:
SB21,1413,323
230.35
(5) (b) The standard basis of employment shall be divided into 5 work
24days of 8 hours each except as provided under s. 230.215 (5), and except that when
25the conditions of employment cannot be satisfied by adhering to this division or when
1the public would not be inconvenienced, deviations may be permitted upon
2recommendation of the appointing authority and subsequent approval by the
3director administrator.
SB21,3786
4Section
3786. 230.36 (1m) (b) 2. (intro.) of the statutes is amended to read:
SB21,1413,105
230.36
(1m) (b) 2. (intro.) A conservation warden, conservation patrol boat
6captain, conservation patrol boat engineer, member of the state patrol, state motor
7vehicle inspector,
University of Wisconsin System police officer, security officer, or
8security person, other state facilities police officer, special tax agent, excise tax
9investigator employed by the department of revenue, and special criminal
10investigation agent employed by the department of justice at all times while:
SB21,3787
11Section
3787. 230.36 (2m) (a) 14. of the statutes is amended to read:
SB21,1413,1312
230.36
(2m) (a) 14. A
University of Wisconsin System police officer or other 13state facilities police officer and patrol officer.
SB21,3788
14Section
3788. 230.37 (1) of the statutes is amended to read:
SB21,1413,2015
230.37
(1) In cooperation with appointing authorities the
director 16administrator shall establish an employee performance evaluation program to
17provide a continuing record of employee development and, when applicable, to serve
18as a basis for pertinent personnel actions. Similar evaluations shall be conducted
19during the probationary period but may not infringe upon the authority of the
20appointing authority to retain or dismiss employees during the probationary period.
SB21,3789
21Section
3789. 230.40 (6) of the statutes is amended to read:
SB21,1413,2222
230.40
(6) The
administrator director shall administer this section.
SB21,3790
23Section
3790. 230.43 (5) of the statutes is amended to read:
SB21,1414,724
230.43
(5) Taxpayers' suits. The right of any taxpayer to bring any action to
25restrain the payment of compensation to any person appointed to or holding any
1office or place of employment in violation of this subchapter shall not be limited or
2denied by reason of the fact that the office or place of employment has been classified
3as, or determined to be, not subject to competitive examination; however, any
4judgment or injunction in any such action shall be prospective only, and shall not
5affect payments already made or due to such persons by the proper disbursing
6officers, in accordance with the rules of the
director
administrator in force at the time
7of such payments.
SB21,3791
8Section
3791. 230.44 (1) (a) of the statutes is amended to read:
SB21,1414,129
230.44
(1) (a)
Decision made or delegated by administrator director. Appeal of
10a personnel decision under this subchapter made by the
administrator director or by
11an appointing authority under authority delegated by the
administrator director 12under s. 230.05 (2).
SB21,3792
13Section
3792. 230.44 (1) (b) of the statutes is amended to read:
SB21,1414,1714
230.44
(1) (b)
Decision made or delegated by director administrator. Appeal of
15a personnel decision under s. 230.09 (2) (a) or (d) or 230.13 (1) made by the
director 16administrator or by an appointing authority under authority delegated by the
17director administrator under s. 230.04 (1m).
SB21,3793
18Section
3793. 230.44 (1) (dm) of the statutes is amended to read:
SB21,1414,2219
230.44
(1) (dm)
Noncompetitive appointment of certain disabled veterans. A
20personnel action under s. 230.275 by an appointing authority that is alleged to be
21illegal or an abuse of discretion. The
administrator
director and the
office division 22may not be a party to any such appeal.
SB21,3794
23Section
3794. 230.44 (4) (bm) of the statutes is amended to read:
SB21,1415,1324
230.44
(4) (bm) Upon request of an employee who files an appeal of the decision
25of the
director administrator made under s. 230.09 (2) (a) or (d), the appeal shall be
1heard by a commissioner or attorney employed by the commission serving as
2arbitrator under rules promulgated for this purpose by the commission. In such an
3arbitration, the arbitrator shall orally render a decision at the conclusion of the
4hearing affirming, modifying or rejecting the decision of the
director administrator.
5The decision of the arbitrator is final and is not subject to review by the commission.
6An arbitrator's decision may not be cited as precedent in any other proceeding before
7the commission or before any court. The arbitrator shall promptly file his or her
8decision with the commission. The decision of the arbitrator shall stand as the
9decision of the commission. The decision of the commission is subject to review under
10ss. 227.53 to 227.57 only on the ground that the decision was procured by corruption,
11fraud or undue means or that the arbitrator or the commission exceeded the
12arbitrator's or the commission's power. The record of a proceeding under this
13paragraph shall be transcribed as provided in s. 227.44 (8).
SB21,3795
14Section
3795. 230.46 of the statutes is amended to read:
SB21,1415,24
15230.46 Duties of council on affirmative action. The council on affirmative
16action
in the office shall serve in a direct advisory capacity to the
director 17administrator and as part of that relationship shall evaluate the progress of
18affirmative action programs throughout the civil service system, seek compliance
19with state and federal regulations and recommend improvements in the state's
20affirmative action efforts as an employer. In carrying out its responsibilities, the
21council may recommend legislation, consult with agency personnel and other
22interested persons, conduct hearings and take other appropriate action to promote
23affirmative action. The council shall report at least once per year to the governor and
24the legislature.
SB21,3796
25Section
3796. 230.48 (2) of the statutes is amended to read:
SB21,1416,6
1230.48
(2) Personnel, facilities and equipment. The
office administrator shall
2appoint, under the classified service, a secretary and such other employees as are
3necessary to carry out the duties of the state employees suggestion board, and shall
4provide such facilities and equipment as that board requires for the proper
5performance of its work. The state employees suggestion board may request and
6shall receive from any state department any assistance that it requires.
SB21,3797
7Section
3797. 230.90 (1) (c) of the statutes is amended to read:
SB21,1416,158
230.90
(1) (c) "Governmental unit" means any association, authority, board,
9commission, department, independent agency, institution, office, society or other
10body in state government created or authorized to be created by the constitution or
11any law, including the legislature, the office of the governor and the courts.
12"Governmental unit" does not mean the University of Wisconsin Hospitals and
13Clinics Authority
, the University of Wisconsin System Authority, or any political
14subdivision of the state or body within one or more political subdivisions which is
15created by law or by action of one or more political subdivisions.
SB21,3798
16Section
3798. 230.90 (2) of the statutes is amended to read:
SB21,1417,217
230.90
(2) An employee may bring an action in circuit court against his or her
18employer or employer's agent, including this state, if the employer or employer's
19agent retaliates, by engaging in a disciplinary action, against the employee because
20the employee exercised his or her rights under the first amendment to the U.S.
21constitution or article I, section 3, of the Wisconsin constitution by lawfully disclosing
22information or because the employer or employer's agent believes the employee so
23exercised his or her rights. The employee shall bring the action within 2 years after
24the action allegedly occurred or after the employee learned of the action, whichever
25occurs last. No employee may bring an action against the
office division of
state
1employment relations personnel management in the department of administration 2as an employer's agent.
SB21,3799
3Section
3799. 231.02 (2) of the statutes is amended to read:
SB21,1417,194
231.02
(2) The authority shall appoint an executive director and associate
5executive director who shall not be members of the authority and who shall serve at
6the pleasure of the authority. They shall receive such compensation as the authority
7fixes, except that the compensation of the executive director shall not exceed the
8maximum of the salary range established under s. 20.923 (1) for positions assigned
9to executive salary group
4 6 and the compensation of each other employee of the
10authority shall not exceed the maximum of the salary range established under s.
1120.923 (1) for positions assigned to executive salary group 3. The executive director
12or associate executive director or other person designated by resolution of the
13authority shall keep a record of the proceedings of the authority and shall be
14custodian of all books, documents
, and papers filed with the authority, the minute
15book or journal of the authority
, and its official seal. The executive director or
16associate executive director or other person may cause copies to be made of all
17minutes and other records and documents of the authority and may give certificates
18under the official seal of the authority to the effect that such copies are true copies,
19and all persons dealing with the authority may rely upon such certificates.
SB21,3800
20Section
3800. 231.27 (1) of the statutes is amended to read:
SB21,1417,2421
231.27
(1) In this section, "minority business", "minority financial adviser" and
22"minority investment firm" mean a business, financial adviser and investment firm,
23respectively, certified
by the department of administration under s.
16.287 203.07 24(2).
SB21,3801
25Section
3801. 231.29 (1) of the statutes is amended to read:
SB21,1418,3
1231.29
(1) In this section, "business," "financial adviser," and "investment firm"
2mean a business, financial adviser, and investment firm certified
by the department
3of administration under s.
16.283 203.03 (3).
SB21,3802
4Section
3802. 232.05 (3) of the statutes is amended to read:
SB21,1418,55
232.05
(3) The corporation may
not: