IL: Pay provisions for nonunion employees are within our Pay Plan.
IA: Our administrative rules
MI: Pay provisions for non-represented employees are included in civil service rules and in the civil service compensation plan.
MN: Compensation Plan for unrepresented employees
Does your state have basic supervisory training? Are agencies authorized to offer their own supervisory training? If yes, does the agency's training have to be approved by any centralized human resources office?
IL: No, yes, and no, respectively.
IA: Yes, courses included in the basic supervisory certificate program are:
Achieving Communication Effectiveness; Customer service; Ethics in the Workplace; Human Relations Skills; Discipline, Grievances, & the Contracts; Family Medical Leave Act; EEO/AA: Making the Most of Your Workforce; From Interview to Hire; Investigating Employee Misconduct; Performance Evaluation; Preventing Sexual Harassment for Supervisors; and What is the ADA? Agencies can provide their own supervisory training without approval by HRE, however they typically focus their training on department specific issues.
MI: Yes, yes and no, respectively.
MN: We offer required supervisory training to all new supervisors through the state's Training and Development Resource Center. Agencies may offer additional training if they choose which does not have to be approved by the centralized human resources office.
There are no existing or proposed federal regulations that are intended to address the activities to be regulated by the proposed rules.
No factual data or analytical methodologies were necessary for the rule changes involved herein.
The proposed rule changes affect only persons employed by or who seek employment with the State of Wisconsin. The rule changes will not affect small business.
There will be no anticipated costs that would be incurred by the private sector.
Fiscal Estimate
There is no fiscal impact caused by the other changes in this rule order or the changes are required by statute for which any fiscal report should have already been considered.
Initial Regulatory Flexibility Analysis
The proposed rule does not affect small business; therefore, an initial regulatory flexibility analysis is not required.
Contact Person
David Vergeront
Office of State Employment Relations
101 East Wilson Street
Madison, WI 53703
608-266-0047
Notice of Hearing
Employment Relations - Merit Recruitment and Selection
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 Office of State Employment Relations will hold a Public Hearing at the time and place shown below to consider the creation of permanent rules relating to the Entry Professional Program, submission of notices and requests to the administrator, promotional appointments and pay, involuntary transfers, periods of eligibility for reinstatement, the definition of “state property", acting assignments and obsolete references, correct cross-references, clarifying language and other minor, technical changes.
Date: Wednesday March 2, 2005
Time: 10:30 A.M. to 11:30 A.M.
Location: Conference Room 4B
Administration Building, 4th Floor
101 E. Wilson Street
Madison, WI
The hearing will be held jointly with a hearing by the Office of State Employment Relations, which is simultaneously promulgating rules. Please see the separate hearing notice for an analysis of the proposed rule order of the Office of State Employment Relations.
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 12:00 P.M. noon on March 4, 2005. Written comments will receive the same consideration as written or oral testimony presented at the hearing.
A copy of the rule is available from the contact person listed at the end of this notice, or by going to “Announcements" at
http://oser.state.wi.us.
Analysis Prepared by Division of Merit Recruitment and Selection
Statutory Authority: Section
230.05 (5), Stats., grants the Administrator of the Division of Merit Recruitment and Selection general authority to promulgate rules on provisions for which the administrator has statutory responsibility.
Section
19.45 (11) (a), Wis. Stats., requires the Administrator to promulgate rules to implement a code of ethics for certain classified and unclassified state employees.
Statutes Interpreted:
•
19.45 (11) (a), relating to a code of ethics
•
230.06 (1) (d) and (e), relating to information provided by agencies to the Administrator
•
230.15 (3) and 230.29, relating to transfers
•
230.19, relating to promotion
•
230.22, relating to an entry professional program
•
230.25 (1), relating to certification
•
230.25 (1n) (a), relating to expanded certification
•
230.25 (3) (a), relating to reinstatement
•
230.34 (1) (a), relating to demotions
•
230.34 (2), relating to layoffs
•
There are no related statutes or rules other than those listed above.
Plain Language Analysis of the Rules
A definition of “compensation plan" is created.
Classifications previously in the Entry Professional Program have been eliminated from it except at an agency's specific request. The program's value as an alternative recruitment and selection program was also diminished when the statutes were changed in 1998 to permit flexible certification for all positions. Thus, the need to provide separate information on the program for the annual affirmative action report no longer exists. The reporting requirement is repealed.
Certification requests are submitted in a variety of forms, both on paper and electronically. This amendment removes references to “a prescribed form", permitting submission of requests in paper or electronic format.
Chs.
ER-MRS 12,
22 and
27 relating to references to “handicap" and “handicapped".
This amendment changes the term “handicap" or “handicapped" to “disability" or “individual with a disability", respectively, in various provisions. These changes are being made to conform with preferred terminology and to be consistent with other references in chapters 111 and 230, Wisconsin Statutes, and the Administrative Code.
Under certain conditions, an appointment from a register must be considered a promotion even though the appointee has reinstatement eligibility to the position being filled. The appointing authority should have the discretion to treat the appointment as a promotion.
Also see explanation under “Chs.
14,
15,
16,
17 and
22, relating to references to the Compensation Plan."
Chs.
14,
15,
16,
17 and
22 relating to references to the Compensation Plan.
Determining the rate of pay on promotion needs to include references to the Compensation Plan. Therefore, related references to s.
ER 29.03 in chs.
ER-MRS 14,
15,
16,
17 and
22 are amended to include the Plan.
A change is necessary to clarify that involuntary transfers are permitted within an employing unit and between employing units of the same agency. This change would clarify that voluntary and involuntary transfers are treated the same.
Also see explanation under “Chs.
14,
15,
16,
17 and
22, relating to references to the Compensation Plan."
Chs.
ER-MRS 16,
22 and
34, relating to references to reinstatement eligibility.
Sections
230.25 (3) (a),
230.31 (1) (intro) and
(a),
230.33 (1) and
230.40 (3), Stats., were amended by
1997 Wisconsin Act 307 to increase the reinstatement eligibility period for state employees from 3 years to 5 years, effective July 5, 1998. Because more than 5 years have elapsed, a distinction between the “old" 3-year eligibility and the “new" 5-year eligibility is no longer necessary. Removal of all provisions noting the distinction is made to improve the readability of the provisions.
Also see explanation under “Chs.
14,
15,
16,
17 and
22, relating to references to the Compensation Plan."
The language is modified to eliminate various requirements that agencies submit copies of transactions to the administrator, specifically when the appointing authority notifies the employee of a demotion or when the employee accepts a demotion within an agency or between agencies. The process will be better served by the appointing authority placing a copy of these transactions in the employee's personnel file.
Also see explanation under “Chs.
14,
15,
16,
17 and
22, relating to references to the Compensation Plan."
The language is amended to eliminate two incorrect references and to clarify application of the rules in certain situations.
Also see explanation under “Chs.
14,
15,
16,
17 and
22, relating to references to the Compensation Plan."
Also see the explanation under “Chs.
ER-MRS 16,
22 and
34, relating to references to reinstatement eligibility".
Also see explanation under “Chs.
12,
22 and
27, relating to references to “handicap" and “handicapped".
The definition of “state property" is updated to clearly include information technology and telecommunications resources.
Also see explanation under “Chs.
12,
22 and
27, relating to references to “handicap" and “handicapped".
