Chapter
ER 29, COMPENSATION ADMINISTRATION PROVISIONS
Section 1. ER 29.04 (10) is amended to read:
ER 29.04 (10) Career executive reassignment or voluntary movement to a class assignment assigned to the same pay range.
Chapter
ER 30, CAREER EXECUTIVE EMPLOYMENT
Section 1. ER 30.01 is created to read:
ER 30.01 Included classifications. Designation of a classification as a career executive classification by the secretary is authorized under s.
230.24 (1), Stats. All permanent positions in classifications assigned to pay range 81-01 or 81-02 shall be designated as career executive positions and shall be governed by the provisions of the career executive program.
Section 2. ER 30.02 is repealed and recreated to read:
ER 30.02 Included positions. The secretary may include a permanent position in any classification, other than one designated as a career executive classification, in the career executive program after consulting with the appointing authority for the position, and after an analysis to determine if the position satisfies all of the following career executive program requirements:
1.
The position meets the definition of management under s.
111.81 (13), Stats.
2.
The position is predominately administrative in nature.
3.
The position is assigned to a classification that is assigned to a nonrepresented pay range that the secretary has determined to be comparable to pay ranges 81-01 or 81-02.
Section 3. ER 30.03 is created to read:
ER 30.03 Eligible employees. Career executive status is limited to permanent classified appointments.
Section 4. ER 30.065 is repealed.
Section 5. ER 30.085 is amended to read:
ER 30.085 Career executive temporary assignment. A career executive employee may be assigned to a position for employee development purposes or to complete a special project for a duration not to exceed 2 4 years. The employee's classification and pay status shall not be affected. An intra-agency temporary assignment requires the written agreement of the employe and the appointing authority. An inter-agency temporary assignment requires the written agreement of the employe, and the appointing authorities of both the sending and receiving agencies. The appointing authority in an intra-agency temporary assignment or the appointing authority of the receiving agency in an inter-agency temporary assignment shall send a copy of the written agreement to the secretary prior to the effective date of the assignment.
If the employee is expected to return to the sending agency upon completion of the temporary assignment, the employee and the appointing authority of the sending agency shall develop a formal leave agreement under s.
ER 18.14 (2) (a).
Section 6. ER 30.09 is repealed and recreated to read:
ER 30.09 Pay adjustments resulting from career executive reassignment or voluntary movement. Upon reassignment as defined under s.
ER-MRS 30.07 (1) or voluntary movement to a position allocated to a classification assigned to the same, to a higher, or to a lower pay range, the career executive employee's pay shall be determined in accordance with the provisions of the compensation plan.
Fiscal Estimate
Flexible certification for career executive vacancies will simplify and speed the hiring process for vacant positions and so save time for state agencies. Revised layoff rules for career executives will result in retaining for the state service its most effective and efficient personnel. Allowing permissible transfers of career executives between agencies will speed staffing vacant positions as well as increase opportunities for career executive incumbents. Increasing the trial or probationary period from three months to six months on a career executive move between agencies will give hiring officials the extra time needed to evaluate the performance of employees in these critically important jobs. Eliminating the career executive opt in/out provision upon placement of a position in the career executive program will eliminate wasted administrative effort which currently adds no value. These changes will have no direct fiscal effect other than administrative efficiency.
Contact Person
Elizabeth Reinwald
Department of Employment Relations
345 West Washington Avenue
Madison, WI 53703
608-266-5316
Notice of Hearing
Employment Relations
(Merit Recruitment and Selection)
[CR 01-141]
NOTICE IS HEREBY GIVEN that pursuant to ss.
230.05 (5), Stats., and interpreting s.
230.05 (1), Stats., the Division of Merit Recruitment and Selection in the Department of Employment Relations will hold a Public Hearing at the time and place shown below to consider the creation of permanent rules relating to certification for employment consideration, probationary periods, transfers of career executive employees and various technical changes to bring the rules into consistency with the statutes and compensation plan.
Date: January 22, 2002
Time: 1:00 P.M. to 2:00 P.M.
Location: 3rd Floor Training Room
Department of Employment Relations
345 West Washington Avenue
Madison, WI 53703
The hearing site is accessible to persons with disabilities. If you need an interpreter, materials in alternate format or other accommodations for this meeting, please inform the contact person listed at the end of this notice before the hearing.
Written comments on the rules may be sent to the contact person by January 27, 2002. Written comments will receive the same consideration as written or oral testimony presented at the hearing.
A copy of the rule is printed below.
Analysis Prepared by the Department of Employment Relations
On June 9, 1999, the Joint Committee on Employment Relations (JCOER) approved the consolidation of certain positions assigned to former pay range 17 and all positions in former pay range 18 and 19 into compensation broadband 81-02 for non-represented positions in these ranges. Before this consolidation many non-represented pay range 18 positions were granted career executive status along with positions in the compensation broadband 81-01. Positions in pay range 17 were not eligible to be included in the career executive program under the provisions of the Wisconsin Administrative Code. Prior to March 12, 2000, there were approximately 900 positions in the career executive program. These positions performed general management duties. With the consolidation of broadband 81-02, the number of career executive positions expanded to 1500 including management positions responsible for highly technical programs and positions requiring various professional certifications or expertise.
When the pool of career executive employees was smaller and their expertise was always of a general administrative nature, rules were developed to treat this pool as one, and separate from other employees, for purposes of certification for employment consideration, probationary periods, transfers and layoff consideration.
These rule changes make certification for employment consideration, probation and transfer for career executive employees consistent with non-career executive employees. For layoff consideration, career executive employees are to be grouped with employees in the same area of expertise and pay range instead of with all career executive employees. The amendment to ER-MRS 30.99 removes the option of incumbents of positions placed within the career executive programs to remain outside the program. This provision was established when the career executive program was new and many existing positions were being placed in it. No position has been placed in the career executive program in years, without the incumbent opting in.
1. S.
230.05 (5), Stats., grants the Administrator of the Division of Merit Recruitment and Selection authority to promulgate rules on all matters relating to Subchapter
II of Chapter 230, Stats., for administration of the civil service.
2. S.
230.24, Stats., grants the Administrator authority to create rules to accomplish the purposes of a career executive program.
Text of Proposed Rule
Section l. ER-MRS 30.03 (3) is repealed:
Section 2. ER-MRS 30.05 (1) and (2) are amended to read:
ER-MRS 30.05 Certification.
(1) The highest ranking candidates shall be determined through a comparison of their qualifications, including technical or professional qualifications, where applicable, with the qualifications requirements for the position as determined through position analysis. All such candidates shall meet the standard for the position as established by the administrator. Except as provided in ss.
ER-MRS 30.07,
30.08, and
30.11(2), certification for appointment to a vacant career executive position shall be
according to s.230.25, Stats.
limited to no more than the 10 highest ranking candidates on the internal register and no more than 10 highest ranking candidates on the external register.
(2) Certification from the external register when such a register is established, may occur simultaneously with the certification from the internal register. Certification from the external register may also be provided at any time after candidates from the internal register have been certified, but prior to the time an appointment is made. No candidate from the external register who has earned a score lower than the candidate with the lowest score certified from the internal register shall be certified, except when the latter register contains fewer than 10 candidates.
Section 3. ER-MRS 30.06(3) is amended to read:
ER-MRS 30.06(3) At the discretion of the appointing authority in the receiving agency, a career executive employee may be required to serve up to a 3 6 month trial period upon movement between agencies. Upon agreement with the sending agency and notification to the employe, the appointing authority in the receiving agency may extend such trial period for 3 additional months. At any time, during the trial period, the receiving agency may terminate the employee. Upon termination, the employee shall be returned to the sending agency and be restored to the employment status that existed at the time of movement to the receiving agency.
Section 4. ER-MRS 30.08 is repealed and recreated to read:
ER-MRS 30.08 Career executive transfer. For purposes of this chapter, “transfer" has the same meaning as defined in s.
ER-MRS 1.02(33). Transfer of career executive employees shall be in accordance with ch.
ER-MRS 15, except that where such rules conflict with this chapter, the provisions of this chapter shall apply. Career executive employment reinstatement and restoration shall be in accordance with s.
ER-MRS 30.11.
Section 5. ER-MRS 30.10(3) is amended to read:
Removal of an employee with permanent status in the career executive program from the career executive program which results in the placement of the employee in a position allocated to a classification assigned to a lower non-career executive pay range 17 or below is defined as a demotion, and may be appealed.
Section 6. ER-MRS 30.105 is repealed and recreated to read:
ER-MRS 30.105 Layoff of career executive employees. For purposes of this chapter, “layoff" has the same meaning as defined in s.
ER-MRS 1.02(11). Layoff of career executive employees shall be in accordance with ch.
ER-MRS 22, except that where such rules conflict with this chapter, the provisions of this chapter shall apply. Restoration from layoffs shall be in accordance with s.
ER-MRS 22.10.
Section 7. ER-MRS 30.99 (1) and (2) are amended to read:
ER-MRS 30.99 Incumbents of positions placed in the career executive program. (1) Each incumbent shall be given the option of being whose position is placed in the career executive program without certification, in accordance with s. ER-MRS 30.05, or of remaining in his or her existing position shall immediately come under the
noncareer career executive employment provisions. This option shall remain in effect for one year after the incumbent's position is placed in the program. Any subsequent entrance by the employe to the program shall require voluntary movement to a different career executive position under the provisions of s. ER-MRS 30.01(3) and other applicable provisions.
(2) Incumbents who exercise their option to be
whose positions are placed in the career executive program shall earn permanent status immediately upon entering the program. However, incumbents serving a probationary period at the time of entry shall not earn permanent status until they successfully complete the probationary period specified in the appointment letter.
Fiscal Estimate
Flexible certification for career executive vacancies will simplify and speed the hiring process for vacant positions and so save time for state agencies. Revised layoff rules for career executives will result in retaining for the state service its most effective and efficient personnel. Allowing permissible transfers of career executives between agencies will speed staffing vacant positions as well as increase opportunities for career executive incumbents. Increasing the trial or probationary period from three months to six months on a career executive move between agencies will give hiring officials the extra time needed to evaluate the performance of employees in these critically important jobs. Eliminating the career executive opt in/out provision upon placement of a position in the career executive program will eliminate wasted administrative effort which currently adds no value. These changes will have no direct fiscal effect other than administrative efficiency.
Contact Person
Elizabeth Reinwald
Department of Employment Relations
345 West Washington Avenue
Madison, WI 53703
608-266-5316
Notice of Hearings
NOTICE IS HEREBY GIVEN THAT pursuant to ss.
29.014 (1),
29.041,
29.519 (1) (b) and
227.11 (2) (a), Stats., interpreting ss.
29.014 (1),
29.041 and
29.519 (1) (b), Stats., the Department of Natural Resources will hold public hearings on the amendment of s.
NR 25.05 (1) (d), Wis. Adm. Code, relating to commercial fishing for chubs in Lake Michigan. The proposed rule would change the minimum depth of commercial fishing for chubs in Lake Michigan. In the northern chub fishing zone, it reduces the minimum depth from 55 fathoms to 45 fathoms during January 16 through the end of February and establishes a minimum depth of 45 fathoms during March 1 through April 25. In the southern chub fishing zone, it reduces the minimum depth from 60 fathoms to 45 fathoms during January 16 through the end of February and (south of 44 degrees 32 minutes north latitude) establishes a minimum depth of 45 fathoms during March 1 through April 25.
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
January 16, 2002 County Board Room
Wednesday Kewaunee Co. Courthouse
1:00 p.m. 613 Dodge St., Kewaunee
January 16, 2002 Room 141
Wednesday DNR Southeast Region Headquarters
7:00 p.m. 2300 N. Martin L. King Jr., Drive
Milwaukee
Initial Regulatory Flexibility Analysis
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s.
227.114, Stats., the proposed rule may have an impact on small businesses.
a. Types of small businesses affected: Lake Michigan commercial chub fishers.
b. Description of reporting and bookkeeping procedures required: No new procedures.
c. Description of professional skills required: No new skills.
NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch.
NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Bill Horns at (608) 266-8782 with specific information on your request at least 10 days before the date of the scheduled hearing.
