AB909,15,164 230.24 (1) The administrator may by rule develop a career executive program
5that emphasizes excellence in administrative skills in order to provide agencies with
6a pool of highly qualified executive candidates, to provide outstanding
7administrative employees a broad opportunity for career advancement, and to
8provide for the mobility of such employees among the agencies and units of state
9government for the most advantageous use of their managerial and administrative
10skills. To accomplish the purpose of this program, the director may provide policies
11and standards for recruitment, examination, probation, employment register
12control, certification, transfer, promotion, and reemployment, and the director may
13provide policies and standards for classification and salary administration, separate
14from procedures established for other employment. The administrator shall
15determine the positions which may be filled from career executive employment
16registers.
AB909,52 17Section 52 . 230.24 (2) of the statutes is repealed and recreated to read:
AB909,15,2418 230.24 (2) A vacancy in a career executive position may be filled through an
19open competitive examination, a competitive promotional examination or by
20restricting competition to employees in career executive positions in order to achieve
21and maintain a highly competent work force in career executive positions, with due
22consideration given to affirmative action. The appointing authority shall consider
23the guidelines under s. 230.19 when deciding how to fill a vacancy under this
24paragraph.
AB909,53 25Section 53 . 230.25 (1) of the statutes is amended to read:
AB909,16,11
1230.25 (1) Appointing authorities shall give written notice to the director of any
2vacancy to be filled in any position in the classified service. The director shall certify,
3under this subchapter and the rules of the director, from the register of eligibles
4appropriate for the kind and type of employment, the grade and class in which the
5position is classified, any number of names at the head thereof. In determining the
6number of names to certify, the director shall use statistical methods and personnel
7management principles that are designed to maximize the number of certified names
8that are appropriate for filling the specific position vacancy. Up to 2 persons
9considered for appointment 3 times and not selected may be removed from the
10register for each 3 appointments made. Certification under this subsection shall be
11made before granting any preference under s. 230.16 (7).
AB909,54 12Section 54 . 230.25 (1g) of the statutes is repealed and recreated to read:
AB909,16,1613 230.25 (1g) For every position to be filled by promotion from a promotional
14register, the administrator shall, after certifying names under sub. (1), additionally
15certify the name of the highest ranked disabled veteran whose disability is at least
1670 percent.
AB909,55 17Section 55 . 230.25 (1m) of the statutes is repealed and recreated to read:
AB909,16,2318 230.25 (1m) After certifying names under sub. (1), additional names shall be
19certified in rank order of those who with the combination of veterans preference
20points awarded under s. 230.16 (7) and examination score earn a total score equal
21to or higher than the lowest score of those certified on the basis of examination only.
22The number of veterans or spouses of veterans added to the list may not exceed the
23number of names certified under sub. (1).
AB909,56 24Section 56 . 230.25 (2) (a) of the statutes is amended to read:
AB909,17,6
1230.25 (2) (a) When certifying names to appointing authorities under this
2section, the director shall specify whether the certification includes qualifying
3veterans or persons the hiring of whom would serve affirmative action purposes,
4without divulging the names of those individuals. The director shall not disclose any
5applicant's test score, with or without the addition of veterans preference points
6under s. 230.16 (7), to the appointing authority.
AB909,57 7Section 57 . 230.25 (2) (am) of the statutes is repealed.
AB909,58 8Section 58 . 230.25 (2) (b) of the statutes is amended to read:
AB909,17,179 230.25 (2) (b) Unless otherwise provided in this subchapter or the rules of the
10director, appointments shall be made by appointing authorities to all positions in the
11classified service from among those certified to them in accordance with this section.
12Appointments shall be made within 30 60 days after the date of certification unless
13an exception is made by the director. If an appointing authority does not make an
14appointment within 30 60 days after certification, he or she shall immediately report
15in writing to the director the reasons therefor. If the director determines that the
16failure to make an appointment is not justified under the merit system, the director
17shall issue an order directing that an appointment be made.
AB909,59 18Section 59 . 230.25 (3) (a) of the statutes is amended to read:
AB909,17,2419 230.25 (3) (a) Subject to par. (b), the term of eligibility on original entrance and
20promotional
registers is 6 months and thereafter the register expires but may be
21reactivated by the administrator for up to 3 years from the date of the establishment
22of the register. Except as provided in ss. 230.28 and 230.34, the eligibility of
23individuals for reinstatement is 5 years and the eligibility of individuals for
24restoration is 3 years.
AB909,60 25Section 60 . 230.26 (2) of the statutes is amended to read:
AB909,18,12
1230.26 (2) If there are urgent reasons for filling a vacancy in any position in
2the classified service and the director is unable to certify to the appointing authority,
3upon requisition by the latter, a list of persons eligible for appointment from an
4appropriate employment register, the appointing authority may nominate a person
5to the director for noncompetitive examination. If the nominee is certified by the
6director as qualified, the nominee may be appointed provisionally to fill the vacancy
7until an appointment can be made from a register established after announcement
8of competition for the position, except that no provisional appointment may be
9continued for more than 45 working days after the date of certification from the
10register. Successive appointments may not be made under this subsection. This
11subsection does not apply to a person appointed to a vacant position in the classified
12service under s. 230.275.
AB909,61 13Section 61 . 230.26 (4) of the statutes is amended to read:
AB909,18,2014 230.26 (4) Fringe benefits specifically authorized by statutes, with the
15exception of deferred compensation plan participation under subch. VII of ch. 40,
16worker's compensation, unemployment insurance, group insurance, retirement, and
17social security coverage, shall be denied employees hired under this section. Such
18employees may not be considered permanent employees and do not qualify for
19tenure, vacation, paid holidays, sick leave, performance awards, or the right to
20compete in promotional processes examinations.
AB909,62 21Section 62 . 230.28 (1) (a) of the statutes is amended to read:
AB909,19,722 230.28 (1) (a) All original and all promotional appointments to permanent,
23sessional and seasonal positions, with the exception of those positions designated as
24supervisor or management under s. 111.81, in the classified service shall be for a
25probationary period of one year 6 months, but the director at the request of the

1appointing authority and in accordance with related rules may extend any such
2period for a maximum of 12 3 additional months. Dismissal may be made at any time
3during such periods. Upon such dismissal, the appointing authority shall report to
4the director and to the employee removed, the dismissal and the reason therefor. The
5director may remove an employee during the employee's probationary period if the
6director finds, after giving notice and an opportunity to be heard, that such employee
7was appointed as a result of fraud or error.
AB909,63 8Section 63 . 230.28 (1) (am) of the statutes is amended to read:
AB909,19,199 230.28 (1) (am) All probationary periods for employees in supervisory or
10management positions are one year, but the director at the request of the appointing
11authority may extend any such period for a maximum of 12 additional months
unless
12waived after 6 months under par. (c). The waiver under par. (c) may be exercised for
13an employee in a supervisory position only if the employee has successfully
14completed a supervisory development program under s. 230.046 (2)
. However,
15persons who transfer or are reinstated to supervisory or management positions
16consistent with conditions under sub. (4) and who had previously obtained
17permanent status in class in a supervisory or management position prior to the
18transfer or reinstatement shall serve a probationary period in accordance with sub.
19(4).
AB909,64 20Section 64 . 230.28 (1) (c) of the statutes is amended to read:
AB909,19,2321 230.28 (1) (c) Upon request by the appointing authority, the director may waive
22any portion of a the lengthened probationary period but in no case before a one-year
236-month probationary period has been served.
AB909,65 24Section 65 . 230.28 (6) of the statutes is created to read:
AB909,20,5
1230.28 (6) A person with a right of restoration resulting from layoff under s.
2230.34 (2) who competes for promotion to a position under s. 230.19 (3) and is
3appointed shall serve a probationary period under sub. (1). If the appointing
4authority terminates the employee during the probationary period, the person shall
5return to his or her former layoff status.
AB909,66 6Section 66 . 230.31 (1) (intro.) of the statutes is amended to read:
AB909,20,117 230.31 (1) (intro.) Any person who has held a position and obtained permanent
8status in a class under the civil service law and rules and who has separated from
9the service before July 1, 2016, without any delinquency or misconduct on his or her
10part but owing to reasons of economy or otherwise shall be granted the following
11considerations:
AB909,67 12Section 67 . 230.31 (2) of the statutes is created to read:
AB909,20,1513 230.31 (2) The administrator may also provide for the reinstatement of persons
14who have served in seasonal and sessional employment and for persons who separate
15from a position while serving a probationary period.
AB909,68 16Section 68 . 230.31 (3) of the statutes is repealed.
AB909,69 17Section 69 . 230.32 (4) of the statutes is amended to read:
AB909,21,218 230.32 (4) Any person appointed to fill the position of an employee on such
19military or civilian leave shall be designated as a substitute or replacement employee
20and upon the return and reemployment of the original employee the substitute
21employee shall be transferred to a similar position with the same employing agency
22if one is available, or if not, he or she shall be eligible for reinstatement or have the
23right of restoration in accordance with this subchapter and the rules of the director.
24The status of any person who is appointed to fill the place of an employee on military

1or civilian leave under this section shall be governed by the rules of the director
2pursuant thereto.
AB909,70 3Section 70 . 230.34 (1) (a) (intro.) of the statutes is renumbered 230.34 (1) (a)
4and amended to read:
AB909,21,155 230.34 (1) (a) An employee with permanent status in class or an employee who
6has served with the state as an assistant district attorney or an assistant state public
7defender for a continuous period of 12 months or more may be removed, suspended
8without pay, discharged, reduced in base pay, or demoted only for just cause. It is just
9cause to remove, suspend without pay, discharge, reduce the base pay of, or demote
10an employee for work performance or personal conduct that is inadequate,
11unsuitable, or inferior, as determined by the appointing authority, but only after
12imposing progressive discipline that complies with the administrator's standards
13under s. 230.04 (13m). It is just cause to remove, suspend without pay, discharge,
14reduce the base pay of, or demote an employee without imposing progressive
15discipline for any of the following conduct:
AB909,71 16Section 71 . 230.34 (1) (a) 1. to 9. of the statutes are repealed.
AB909,72 17Section 72 . 230.34 (1) (am) of the statutes is amended to read:
AB909,22,218 230.34 (1) (am) If an employee fails to report for work as scheduled or to contact
19his or her supervisor, the appointing authority may discipline the employee. If an
20employee fails to report for work as scheduled, or to contact his or her supervisor for
21a minimum of 3 5 consecutive working days during a calendar year, the appointing
22authority shall consider the employee's position abandoned and may discipline the
23employee or treat the employee as having resigned his or her position. If the
24appointing authority decides to treat the position abandonment as a resignation, the

1appointing authority shall notify the employee in writing that the employee is being
2treated as having effectively resigned as of the end of the last day worked.
AB909,73 3Section 73 . 230.34 (2) (intro.) of the statutes is amended to read:
AB909,22,104 230.34 (2) (intro.) Employees with permanent status in class in permanent,
5sessional and seasonal positions in the classified service and employees serving a
6probationary period in such positions after promotion or transfer may be laid off
7because of a reduction in force due to a stoppage or lack of work or funds or owing to
8material changes in duties or organization but only after all original appointment
9probationary and limited term employees in the classes used for layoff, are
10terminated
.
AB909,74 11Section 74 . 230.34 (2) (a) of the statutes is repealed and recreated to read:
AB909,22,1312 230.34 (2) (a) The order of layoff of such employees may be determined by
13seniority or performance or a combination thereof or by other factors.
AB909,75 14Section 75 . 230.34 (2) (b) of the statutes is repealed and recreated to read:
AB909,22,1915 230.34 (2) (b) The director shall promulgate rules governing layoffs and
16appeals therefrom and alternative procedures in lieu of layoff to include voluntary
17and involuntary demotion and the exercise of a displacing right to a comparable or
18lower class, as well as the subsequent employee right of restoration or eligibility for
19reinstatement.
AB909,76 20Section 76 . 230.35 (3) (d) of the statutes is amended to read:
AB909,22,2421 230.35 (3) (d) Employees of the state are entitled to reasonable paid leaves of
22absence to compete in promotional evaluations examinations and interviews. The
23administrator shall promulgate rules governing the lengths of time allowable for
24such leaves, their frequency and the provisions for their use.
AB909,77 25Section 77 . 230.37 (1) of the statutes is amended to read:
AB909,23,9
1230.37 (1) In cooperation with appointing authorities the administrator shall
2establish an employee performance evaluation program to provide a continuing
3record of employee development and, when applicable, to serve as a basis for
4pertinent personnel actions. Under the employee performance evaluation program
5established under this subsection, the administrator shall require each appointing
6authority to conduct at least an annual performance evaluation of each employee
7appointed by the appointing authority.
Similar evaluations shall be conducted
8during the probationary period but may not infringe upon the authority of the
9appointing authority to retain or dismiss employees during the probationary period.
AB909,78 10Section 78 . 230.40 (3) of the statutes is created to read:
AB909,23,1411 230.40 (3) A person who separates from the classified service to fill an elective
12position shall have reinstatement privileges for 5 years following termination from
13the classified service or for one year following termination from the elective position,
14whichever is longer.
AB909,79 15Section 79 . 230.43 (1) (title) of the statutes is amended to read:
AB909,23,1716 230.43 (1) (title) Hiring process; obstruction Obstruction or falsifications
17of examinations.
AB909,80 18Section 80 . 230.43 (1) (am) of the statutes is amended to read:
AB909,23,2119 230.43 (1) (am) Willfully defeats, deceives or obstructs any person in respect
20of the rights of application examination or registration under this subchapter or any
21rules prescribed pursuant thereto.
AB909,81 22Section 81 . 230.43 (1) (b) of the statutes is amended to read:
AB909,24,223 230.43 (1) (b) Willfully or corruptly, falsely marks, grades, estimates, or reports
24upon an application or resume examination, or proper standing of any person

1evaluated examined, registered, or certified, pursuant to this subchapter, or aids in
2so doing.
AB909,82 3Section 82 . 230.43 (1) (c) of the statutes is amended to read:
AB909,24,54 230.43 (1) (c) Willfully or corruptly makes any false representations concerning
5the same, or concerning an applicant the person examined.
AB909,83 6Section 83 . 230.43 (1) (d) of the statutes is amended to read:
AB909,24,107 230.43 (1) (d) Willfully or corruptly furnishes any person any special or secret
8information for the purpose of either improving or injuring the prospects or chances
9of any persons so evaluated examined, registered, or certified, being appointed,
10employed, or promoted.
AB909,84 11Section 84 . 230.43 (1) (e) of the statutes is amended to read:
AB909,24,1412 230.43 (1) (e) Personates any other person, or permits or aids in any manner
13any other person to personate him or her in connection with any examination,
14registration, application, or request to be evaluated examined or registered.
AB909,85 15Section 85 . 230.43 (5) of the statutes is amended to read:
AB909,24,2416 230.43 (5) Taxpayers' suits. The right of any taxpayer to bring any action to
17restrain the payment of compensation to any person appointed to or holding any
18office or place of employment in violation of this subchapter shall not be limited or
19denied by reason of the fact that the office or place of employment has been classified
20as, or determined to be, not subject to a competitive hiring process examination;
21however, any judgment or injunction in any such action shall be prospective only, and
22shall not affect payments already made or due to such persons by the proper
23disbursing officers, in accordance with the rules of the administrator in force at the
24time of such payments.
AB909,86 25Section 86 . 230.44 (1) (c) of the statutes is amended to read:
AB909,25,7
1230.44 (1) (c) Demotion, layoff, suspension or discharge. If an employee has
2permanent status in class, or an employee has served with the state as an assistant
3district attorney or an assistant state public defender for a continuous period of 12
4months or more, the employee may appeal a demotion, layoff, suspension, discharge
5or reduction in base pay to the commission as the final step in the state employee
6grievance process procedure established under s. 230.445 230.04 (14), if the appeal
7alleges that the decision was not based on just cause.
AB909,87 8Section 87 . 230.44 (1) (e) of the statutes is amended to read:
AB909,25,139 230.44 (1) (e) Discretionary performance awards. This subsection does not
10apply to decisions of an appointing authority relating to discretionary performance
11awards under s. 230.12 (5) or under the discretionary merit award program
12established under s. 230.04 (19)
, including the evaluation methodology and results
13used to determine the award or the amount awarded.
AB909,88 14Section 88 . 230.445 of the statutes is repealed.
AB909,89 15Section 89 . 321.65 (3) (g) of the statutes is amended to read:
AB909,25,2016 321.65 (3) (g) Veterans preferences. The right of a person to reemployment
17under this subsection does not entitle the person to retention, preference, or
18displacement rights over any person who has a superior claim under s. 45.03 (4),
1962.13 (4) (d), 63.08 (1) (f) or (fm), 63.37, 63.39 (2m), 66.0509 (1), 230.15 (2m), 230.16
20(7) or (7m), 230.21 (1m), 230.25, or 230.275.
AB909,90 21Section 90 . 323.2915 (1) and (2) of the statutes are amended to read:
AB909,26,222 323.2915 (1) Notwithstanding s. 230.445 (2) and (3), 2021 stats., an employee
23does not waive his or her right to appeal an adverse employment decision if the
24employee does not timely file the complaint or appeal during the public health
25emergency declared on March 12, 2020, by executive order 72. The tolling period

1under s. 230.445 (3) (a) 1., 2021 stats., begins 14 days after the termination of such
2public health emergency.
AB909,26,6 3(2) Notwithstanding s. 230.445 (3) (a) 2., 2021 stats., an appointing authority
4or his or her designee is not required to meet with a complainant in person during
5the public health emergency declared on March 12, 2020, by executive order 72, when
6conducting an investigation under s. 230.445 (3) (a) 2., 2021 stats.
AB909,91 7Section 91 . Initial applicability.
AB909,26,108 (1) Hiring preferences for veterans. The treatment of ss. 63.08 (1) (fm) and
9230.25 (1g) and (1m) first applies to a position that is posted on the effective date of
10this subsection.
AB909,26,1211 (2) Probationary periods. The treatment of s. 230.28 (1) (a), (am), and (c) first
12applies to a probationary period that begins on the effective date of this subsection.
AB909,26,1513 (3) Standards for adverse employment actions. The treatment of s. 230.34 (1)
14(a) (intro.) and (am) first applies to employee discipline for conduct that occurs on the
15effective date of this subsection.
AB909,26,1716 (4) Grievance procedures. The treatment of s. 230.44 (1) (c) first applies to an
17action taken against an employee on the effective date of this subsection.
AB909,26,2018 (5) Reinstatement privileges, separation from classified service. The
19treatment of s. 230.40 (3) first applies to a person who separates from the classified
20service on the effective date of this subsection.
AB909,26,2121 (End)
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