LRB-5705/1
MIM:amn
2019 - 2020 LEGISLATURE
February 24, 2020 - Introduced by Representatives Sinicki, Brostoff, C. Taylor,
Cabrera, Vruwink, Anderson, Shankland, Pope, Sargent, Hesselbein,
Zamarripa, Hebl, Emerson, Ohnstad, Hintz and Subeck, cosponsored by
Senators Larson, Shilling, Smith, Ringhand, Risser, Johnson, Carpenter,
Wirch, Bewley and Miller. Referred to Committee on State Affairs.
AB946,2,4
1An Act to repeal 20.865 (1) (dm), 20.928 (1f), 230.01 (2) (bm), 230.01 (2) (bp),
2230.04 (13m), 230.04 (19), 230.05 (10), 230.06 (1) (m), 230.06 (4), 230.13 (3) (c),
3230.15 (6), 230.15 (7), 230.16 (1) (ap), 230.25 (2) (am), 230.31 (3), 230.34 (1) (a)
41. to 9. and 230.445;
to renumber and amend 63.08 (1) (fm) and 230.34 (1) (a)
5(intro.);
to amend 62.13 (4) (d), 63.08 (1) (f) 1., 63.08 (1) (f) 2., 63.08 (1) (f) 3.,
663.37, 63.39 (2m), 66.0509 (1), 230.04 (14), 230.046 (2), 230.05 (7), 230.08 (2) (c),
7230.12 (1) (h), 230.13 (1) (a), 230.13 (3) (b), 230.15 (1), 230.15 (1m) (c) 1., 230.16
8(title), 230.16 (1) (a), 230.16 (2), 230.16 (3), 230.16 (4), 230.16 (5), 230.16 (6),
9230.16 (7m) (b) 4., 230.16 (10), 230.16 (11), 230.17 (1), 230.17 (2), 230.18, 230.21
10(1), 230.21 (2), 230.21 (3), 230.213, 230.24 (1), 230.25 (1), 230.25 (2) (a), 230.25
11(2) (b), 230.25 (3) (a), 230.26 (2), 230.26 (4), 230.28 (1) (a), 230.28 (1) (am), 230.28
12(1) (c), 230.31 (1) (intro.), 230.32 (4), 230.34 (1) (am), 230.34 (2) (intro.), 230.35
13(3) (d), 230.37 (1), 230.43 (1) (title), 230.43 (1) (am), 230.43 (1) (b), 230.43 (1) (c),
14230.43 (1) (d), 230.43 (1) (e), 230.43 (5), 230.44 (1) (c), 230.44 (1) (e) and 321.65
1(3) (g);
to repeal and recreate 230.19, 230.24 (2), 230.25 (1g), 230.25 (1m),
2230.34 (2) (a) and 230.34 (2) (b); and
to create 230.16 (7m) (c), 230.16 (9), 230.28
3(6), 230.31 (2) and 230.40 (3) of the statutes;
relating to: the state civil service
4system.
Analysis by the Legislative Reference Bureau
This bill makes numerous changes to the state civil service system, including
all of the following:
The hiring process
1. The bill replaces competitive procedures with competitive examinations.
Under the bill, appointments to and promotions in the classified service must be
made according to merit and fitness, which must be ascertained by competitive
examinations.
2. The bill provides a preference system for veterans under which veterans and
qualifying spouses of veterans receive preference points, which are applied during
the process of creating a certification list for a position. Under current law, if a
veteran or qualifying spouse of a veteran is included on a certification list, the
appointing authority must offer an interview to the veteran or spouse of a veteran.
3. Under current law, before making an offer of employment to an individual
who currently holds a position in the civil service, an appointing authority must
review the individual's personnel file. The bill repeals that requirement.
4. The bill changes the general deadline for making appointments from 30 days
after certification to 60 days after certification. The bill also requires the director of
the Bureau of Merit Recruitment and Selection to use procedures designed to certify
applicants for a vacant permanent position within 45 days of receiving a request from
an appointing authority, rather than within 30 days under current law.
Probation, reinstatement, restoration, and layoffs
1. The bill changes the standard probationary period for all original and
promotional appointments to permanent and seasonal positions in the classified
service from one year to six months. The bill also changes the probationary period
for employees in supervisory or management positions from one year to one year with
a potential waiver after six months.
2. The bill allows permanent classified service employees who leave the
classified service without any delinquency or misconduct to have reinstatement
privileges for a five-year period from the date the employee leaves the classified
service. Under current law, there are no reinstatement privileges for permanent
classified service employees who leave the classified service without any delinquency
or misconduct for reasons other than layoff. The bill also provides reinstatement
privileges for an employee who leaves the classified service to fill an elective position,
which is not allowed under current law.
3. The bill provides to a permanent employee in the classified service who is on
layoff status restoration rights for the three-year period following the layoff.
4. The bill allows appointing authorities to determine the order of layoff by
seniority, performance, any combination of seniority and performance, or other
factors. Under current law, appointing authorities are required to determine layoff
status primarily based on job performance.
Just cause and discipline
1. The bill allows an employer to 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. The bill eliminates the provision 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 the Division of Personnel Management. The bill also eliminates the
provision that an employer has just cause to take an adverse employment action
against an employee without imposing progressive discipline for specific conduct.
2. The 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 three working days during a calendar year to
five consecutive working days in a calendar year.
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:
AB946,1
1Section
1. 20.865 (1) (dm) of the statutes is repealed.
AB946,2
2Section
2. 20.928 (1f) of the statutes is repealed.
AB946,3
3Section
3. 62.13 (4) (d) of the statutes is amended to read:
AB946,4,64
62.13
(4) (d) The examination shall be free for all U.S. citizens over 18 and
5under 55 years of age, with proper limitations as to health and, subject to ss. 111.321,
6111.322, and 111.335, arrest and conviction record. The examination, including
7minimum training and experience requirements, shall be job-related in compliance
8with appropriate validation standards and shall be subject to the approval of the
9board and may include tests of manual skill and physical strength. All relevant
1experience, whether paid or unpaid, shall satisfy experience requirements. The
2board shall control examinations and may designate and change examiners, who
3may or may not be otherwise in the official service of the city, and whose
4compensation shall be fixed by the board and paid by the city. Veterans and their
5spouses shall be given preference points in accordance with s.
63.08 (1) (fm) 230.16
6(7).
AB946,4
7Section
4. 63.08 (1) (f) 1. of the statutes is amended to read:
AB946,4,118
63.08
(1) (f) 1. The commission may not impose any restriction as to age on any
9veteran who is applying or eligible for a position under this section. The commission
10shall give preference points to veterans and their spouses under
par. (fm) s. 230.16
11(7), except as provided under subd. 2.
AB946,5
12Section
5. 63.08 (1) (f) 2. of the statutes is amended to read:
AB946,4,1513
63.08
(1) (f) 2. Notwithstanding
par. (fm) s. 230.16 (7), persons shall be certified
14from the eligible list under s. 63.05 (1) (b) without adding any preference points to
15any person's grade.
AB946,6
16Section
6. 63.08 (1) (f) 3. of the statutes is amended to read:
AB946,4,2217
63.08
(1) (f) 3. After the certification under subd. 2., any veteran or veteran's
18spouse whose grade, plus the points to which the veteran or spouse is entitled under
19par. (fm) s. 230.16 (7), is equal to or higher than the lowest grade on the list made
20under subd. 2. shall be added to the certification list under s. 63.05 (1) (b). The
21number of persons added to a certification list under this subdivision may not exceed
22the number of persons initially certified under subd. 2.
AB946,7
23Section
7. 63.08 (1) (fm) of the statutes is renumbered 230.16 (7), and 230.16
24(7) (a) (intro.) and (b), as renumbered, are amended to read:
AB946,5,5
1230.16
(7) (a) (intro.) A preference shall be given to those veterans and to those
2spouses of veterans specified in
subd.
subds. 1.
a. to f. to 6. who gain eligibility on
3any competitive employment register and who do not currently hold a permanent
4appointment or have mandatory restoration rights to a permanent appointment to
5any position. A preference means the following:
AB946,5,96
(b) An applicant who is certified for a position after receiving a preference
7under
subd. 1. d., e., or f. par. (a) 4., 5., or 6. and who is appointed to that position may
8not obtain a preference under
subd. 1. d., e., or f.
par. (a) 4., 5., or 6. for any other civil
9service position for which the applicant subsequently applies.
AB946,8
10Section
8. 63.37 of the statutes is amended to read:
AB946,5,20
1163.37 Board to keep a register of eligibles. From the returns or reports of
12the examiners, or from the examinations made by the board, the board shall prepare
13and keep a register for each grade or class of position in the service of such city, of
14the persons whose general average standing upon examinations for such grade or
15class is not less than the minimum fixed by the rules of such board, and who are
16otherwise eligible, and such persons shall take rank upon the register as candidates
17in the order of their relative excellence as determined by examination without
18reference to priority of time of examination. The board shall impose no restrictions
19as to age in case of veterans, and veterans and their spouses shall be given preference
20points in accordance with s.
63.08 (1) (fm) 230.16 (7).
AB946,9
21Section
9. 63.39 (2m) of the statutes is amended to read:
AB946,6,222
63.39
(2m) Notwithstanding s.
63.08 (1) (fm) 230.16 (7), the board shall certify
23persons from the list of eligibles without adding preference points to their grades.
24After the certification under sub. (1) or (2), the board shall add to the certification list
25any veteran or veteran's spouse whose grade, plus the points to which the veteran
1or spouse is entitled under s.
63.08 (1) (fm)
230.16 (7), is equal to or higher than the
2lowest grade on the list of eligibles.
AB946,10
3Section
10. 66.0509 (1) of the statutes is amended to read:
AB946,6,164
66.0509
(1) Any city or village may proceed under s. 61.34 (1), 62.11 (5) or
566.0101 to establish a civil service system of selection, tenure and status, and the
6system may be made applicable to all municipal personnel except the chief executive
7and members of the governing body, members of boards and commissions including
8election officials, employees subject to s. 62.13, members of the judiciary and
9supervisors. Any town may establish a civil service system under this subsection.
10For veterans there shall be no restrictions as to age, and veterans and their spouses
11shall be given preference points in accordance with s.
63.08 (1) (fm) 230.16 (7). The
12system may also include uniform provisions in respect to attendance, leave
13regulations, compensation and payrolls for all personnel included in the system. The
14governing body of any city, village or town establishing a civil service system under
15this section may exempt from the system the librarians and assistants subject to s.
1643.09 (1).
AB946,11
17Section
11. 230.01 (2) (bm) of the statutes is repealed.
AB946,12
18Section
12. 230.01 (2) (bp) of the statutes is repealed.
AB946,13
19Section
13. 230.04 (13m) of the statutes is repealed.
AB946,14
20Section
14. 230.04 (14) of the statutes is amended to read:
AB946,6,2321
230.04
(14) Except as provided in s. 230.445, the The administrator shall
22establish, by rule, the scope and minimum requirements of a state employee
23grievance procedure relating to conditions of employment.
AB946,15
24Section
15. 230.04 (19) of the statutes is repealed.
AB946,16
25Section
16. 230.046 (2) of the statutes is amended to read:
AB946,7,9
1230.046
(2) Supervisory training. After initial appointment to a supervisory
2position, each appointing authority shall ensure that each classified service
3supervisor successfully completes a supervisory development program.
A waiver of
4any part of the probationary period under s. 230.28 (1) (c) may not be granted before
5completion of the development program. The program shall include such subjects
6as state personnel policies, grievance handling, discipline, performance evaluation,
7understanding the concerns of state employees with children, the supervisor's role
8in management and the concept of the total quality leadership process, including
9quality improvement through participatory management.
AB946,17
10Section
17. 230.05 (7) of the statutes is amended to read:
AB946,7,1311
230.05
(7) The director shall use techniques and procedures designed to certify
12eligible applicants to any vacant permanent position within
30 45 days after the
13filing of an appropriate request by an appointing authority.
AB946,18
14Section
18. 230.05 (10) of the statutes is repealed.
AB946,19
15Section
19. 230.06 (1) (m) of the statutes is repealed.
AB946,20
16Section
20. 230.06 (4) of the statutes is repealed.
AB946,21
17Section
21. 230.08 (2) (c) of the statutes is amended to read:
AB946,8,218
230.08
(2) (c) The director, associate director, and state historian of the
19historical society; and, with the approval of the board of curators and the
20administrator, such number of specialists as are required by the society for specific
21research, writing, collecting, or editing projects which for a limited period of time not
22to exceed 2 years, renewable at the discretion of the board of curators and the
23administrator for an additional 2-year period, require persons with particular
24training or experience in a specialized phase or field of history, historical research,
25writing, collecting, or editing, and any persons whose entire salary is paid from funds
1reappropriated to the society by s. 20.245 (1) (r) where a competitive
process 2examination is impractical.
AB946,22
3Section
22. 230.12 (1) (h) of the statutes is amended to read:
AB946,8,74
230.12
(1) (h)
Other pay, benefits, and working conditions. The compensation
5plan may include other provisions relating to pay, benefits, and working conditions
6that shall supersede the provisions of the civil service and other applicable statutes
7and rules promulgated by the director and the administrator.
AB946,23
8Section
23. 230.13 (1) (a) of the statutes is amended to read:
AB946,8,109
230.13
(1) (a)
Evaluations
Examination scores and ranks and other
10evaluations of applicants
, including any examination scores and rankings.
AB946,24
11Section
24. 230.13 (3) (b) of the statutes is amended to read:
AB946,8,1512
230.13
(3) (b) The
administrator
director and the
director administrator may
13provide any agency with personnel information relating to the hiring and
14recruitment process, including specifically
examination scores and ranks and other
15evaluations of applicants.
AB946,25
16Section
25. 230.13 (3) (c) of the statutes is repealed.
AB946,26
17Section
26. 230.15 (1) of the statutes is amended to read:
AB946,8,2318
230.15
(1) Subject to the restriction under s. 230.143, appointments to, and
19promotions in, the classified service shall be made only according to merit and
20fitness, which shall be ascertained so far as practicable by competitive
procedures 21examinations. The director may waive competitive
procedures examinations for
22appointments made under subs. (1m) and (2) and shall waive competitive
procedures 23examinations for appointments made under sub. (2m).
AB946,27
24Section
27. 230.15 (1m) (c) 1. of the statutes is amended to read:
AB946,9,4
1230.15
(1m) (c) 1. Whenever a position is included in the classified service
2under par. (a), the director may waive the requirement for competitive
procedures 3examinations under sub. (1) with respect to the position and certify the incumbent
4employee for appointment to the position in accordance with subd. 2.
AB946,28
5Section
28. 230.15 (6) of the statutes is repealed.
AB946,29
6Section
29. 230.15 (7) of the statutes is repealed.
AB946,30
7Section
30. 230.16 (title) of the statutes is amended to read:
AB946,9,8
8230.16 (title)
Applications and
selection processes examinations.
AB946,31
9Section
31. 230.16 (1) (a) of the statutes is amended to read:
AB946,9,1310
230.16
(1) (a) The director shall require persons applying for
a position in the
11classified service admission to any examination under this subchapter or under the
12rules of the director to file an application
and resume with the bureau
a reasonable
13time prior to the proposed examination.
AB946,32
14Section
32. 230.16 (1) (ap) of the statutes is repealed.
AB946,33
15Section
33. 230.16 (2) of the statutes is amended to read:
AB946,9,2116
230.16
(2) The selection process for a position in the civil service Competitive
17examinations shall be free and open to all applicants who have fulfilled the
18preliminary requirements stated in the
position
examination announcement. To
19assure that all applicants have a fair opportunity to compete,
competitive procedures 20examinations shall be scheduled in a manner that most nearly meet the convenience
21of applicants and needs of the service, as determined by the director.