SB285,89
5Section
89. 230.44 (1) (e) of the statutes is amended to read:
SB285,32,106
230.44
(1) (e)
Discretionary performance awards. This subsection does not
7apply to decisions of an appointing authority relating to discretionary performance
8awards under s. 230.12 (5)
or under the discretionary merit award program
9established under s. 230.04 (19), including the evaluation methodology and results
10used to determine the award or the amount awarded.
SB285,90
11Section
90. 230.445 of the statutes is created to read:
SB285,32,13
12230.445 Grievance process for demotion, suspension, discharge,
13layoff, or reduction in base pay. (1) In this section:
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(a) "Adverse employment decision" means a decision to demote, layoff, suspend
15without pay, discharge, or reduce the base pay of an employee.
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(b) "Employee" means an employee who has obtained permanent status in class
17or an employee who has served with the state as an assistant district attorney or an
18assistant state public defender for a continuous period of 12 months or more.
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19(2) An employee may file a complaint under this section concerning the
20application of a law, rule, or policy to an adverse employment decision against the
21employee. If an employee does not file a complaint or an appeal by an applicable
22deadline under sub. (3), the employee waives his or her right to appeal the adverse
23employment decision under this chapter.
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24(3) (a) 1. To commence the grievance process for an adverse employment action,
25an employee shall file a complaint with the employee's appointing authority
1challenging the adverse employment decision against the employee no later than 14
2days after the employee becomes aware of, or should have become aware of, the
3decision that is the subject of the complaint.
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2. An appointing authority, or his or her designee, who receives a timely
5complaint under subd. 1. shall conduct any investigation he or she considers
6necessary, meet with with the employee in person, and issue a decision, in writing,
7not later than 14 days after the date of which the appointing authority, or his or her
8designee, received the employee's complaint. If the appointing authority does not
9issue a written decision within 15 days after receiving the employee's complaint, the
10employee may appeal to the administrator under par. (b).
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(b) 1. If an appointing authority does not find in favor of the employee under
12par. (a), the employee may appeal the appointing authority's decision by filing a
13complaint with the administrator. The employee may file a compliant under this
14subdivision no later than 14 days after the date of the appointing authority's
15decision.
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2. If the administrator receives a timely complaint under subd. 1., the
17administrator shall review the complaint and the appointing authority's written
18decision, and shall issue a decision, in writing, no later than 30 days after the date
19the employee filed a complaint with the administrator. If the administrator does not
20issue a written decision within 31 days after receiving the employee's complaint, the
21employee may appeal to the commission under par. (c).
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(c) 1. An employee or an appointing authority may appeal a decision issued by
23the administrator under par. (b) by filing an appeal with the commission. The
24employee or appointing authority may file an appeal with the commission no later
25than 14 days after receiving the administrator's decision. Within 10 days of receiving
1an appeal, the commission shall determine whether all procedural requirements
2were completed properly and in a timely manner. If a procedural requirement was
3not met, the commission shall dismiss the appeal. If all of the procedural
4requirements were met, the commission shall hear the appeal under s. 230.44 (4),
5except that the commission shall issue a decision on the appeal no later than 120 days
6after the date the appeal is filed with the commission.
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2. To ensure that the commission issues its decision no later than 120 days after
8an appeal is filed under this paragraph, all of the following apply to a hearing before
9the commission for an appeal under this paragraph:
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a. The parties shall participate in a pre-hearing conference no later than 20
11days after the filing of the appeal. The commission shall set the date of the hearing
12at the pre-hearing conference.
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b. Discovery shall be completed no later than 60 days after the appeal is filed.
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c. The commission shall rule on all motions no later than 30 days before the date
15of the hearing.
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d. The commission may only grant an extension to a deadline provided in this
17subdivision for extraordinary circumstances. The commission may not grant an
18extension beyond the 120 day limit for issuing its decision.
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e. Continuances of the hearing may be granted only in extraordinary
20circumstance, as determined by the commission.
SB285,91
21Section
91. 321.65 (3) (g) of the statutes is amended to read:
SB285,35,222
321.65
(3) (g)
Veterans preferences. The right of a person to reemployment
23under this subsection does not entitle the person to retention, preference, or
24displacement rights over any person who has a superior claim under s. 45.03 (4),
162.13 (4) (d), 63.08 (1) (f)
or (fm), 63.37, 63.39 (2m), 66.0509 (1), 230.15 (2m), 230.16
2(7) or (7m), 230.21 (1m), 230.25, or 230.275.
SB285,35,114[
2015 Wisconsin Act 55] Section 9101 (5n) (a) In this subsection, "agency"
5means
the board of commissioners of public lands; the educational communications
6board; the department of financial institutions; the government accountability
7board; the higher educational aids board; the state historical society; the public
8service commission; the department of safety and professional services; the state fair
9park board; the department of tourism any agency within the executive branch of
10state government, other than the Board of Regents of the University of Wisconsin
11System.
SB285,36,213[
2015 Wisconsin Act 55] Section 9101 (5n) (b)
The
By January 1, 2017, the
14department of administration shall consult with each agency and develop a plan for
15assuming responsibility for services relating to human resources
,. By January 1,
162017, the department of administration shall also consult with the board of
17commissioners of public lands, the educational communications board, the
18department of financial institutions, the government accountability board, the
19higher educational aids board, the state historical society, the public service
20commission, the department of safety and professional services, the state fair park
21board, and the department of tourism and develop a plan for assuming responsibility
22for services related to payroll, finance, budgeting, procurement, and information
23technology for
any agency these agencies. The department of administration shall
24include in
the each plan which services would be provided to each agency, which
1positions would be deleted or transferred, and the number and type of positions and
2associated funding that would be provided to the department of administration.
SB285,94
3Section
94
.
Nonstatutory provisions.
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(1)
Study of certain aspects of the state civil service system. (a) The
5administrator of the division of personnel management in the department of
6administration and the director of the bureau of merit recruitment and selection in
7the department of administration shall jointly review all of the following:
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1. The classifications for all positions in the classified service of the state
9service. In reviewing the classifications, they shall consider the feasibility of
10reducing the number of classifications, as well as establishing a new system of
11classification, in order to increase administrative efficiency and better meet the
12needs of the state civil service.
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2. The Wisconsin Human Resources Handbook.
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3.
The compensation plan under section 230.12 (1) of the statutes.
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4. The feasibility of requiring all state agencies to use electronic personnel files.
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5. The feasibility of requiring all state agencies to use a uniform personnel
17evaluation system.
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(b) The administrator and director shall submit their findings under paragraph
19(a) no later than January 1, 2017, to the governor and to the chief clerk of each house
20of the legislature for distribution to the legislature under section 13.172 (2) of the
21statutes.
SB285,95
22Section
95.
Initial applicability.
SB285,36,2523
(1)
Information about conviction record. The creation of section 230.16 (1)
24(ap) of the statutes first applies to an application for employment in the civil service
25submitted on the effective date of this subsection.
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1(2)
Hiring preference for veterans and spouses of veterans. The creation of
2section 230.25 (2) (am) of the statutes first applies to a certification list for a position
3that is posted on the effective date of this subsection.
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(3)
Mandatory review of personnel file. The creation of section 230.15 (7) of
5the statutes first applies to an offer of employment made on the effective date of this
6subsection.
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(4)
Probationary periods. The treatment of section 230.28 (1) (a), (am), (b), and
8(c) of the statutes first applies to a probationary period that begins on the effective
9date of this subsection.
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(5)
Standards for adverse employment actions against employees. The
11treatment of section 230.34 (1) (a) and (am) of the statutes and the creation of section
12230.34 (1) (a) 1. to 9. of the statutes first apply to employee discipline for conduct that
13occurs on the effective date of this subsection.
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(6)
Grievance process for adverse employment actions against employees. 15The treatment of section 230.44 (1) (c) of the statutes and the creation of section
16230.445 of the statutes first apply to an adverse employment action, as defined in
17section 230.445 (1) (a) of the statutes, as created by this act, taken against an
18employee on the effective date of this subsection.
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(7)
Reinstatement privileges; separation from the classified service to fill
20an elective position. The treatment of section 230.40 (3) of the statutes first applies
21to a person who separates from the classified service on the effective date of this
22subsection.
SB285,96
23Section
96.
Effective dates. This act takes effect on July 1, 2016, except as
24follows:
SB285,38,2
1(1)
Study of the state civil service system. Section 94 (1) of this act takes
2effect on the day after publication.