Statement of Scope
Department of Administration
Rule No.:
Wis. Admin. Codes Chs. ER-MRS 1-34 and Chs. ER 1-47
Relating to:
Update/Clean Up of Administrative Rules to Conform to 2015 Wisconsin Act 150 and Agency Practice
Rule Type:
Permanent
1. Finding/nature of emergency (Emergency Rule only):
N/A
2. Detailed description of the objective of the proposed rule:
Ch. 230, Wis. Stats. was modified in 2016 to revise the state civil service laws in 2015 Wisconsin Act 150 (Act). Those revisions apply to the hiring process, performance reviews, discipline and grievance procedures, and layoff and reinstatement procedures. Full compliance with the Act requires substantial modifications to the current regulations implementing these laws. Additional modifications are needed to conform to the processes established by agency practice. Numerous sections of Wis. Admin Code Chapters ER-MRS 1-34 are affected by the Act. Modifications to Wis. Admin. Code Chapters ER 1-47 may be necessary as well.
3. Description of the existing policies relevant to the rule, new policies proposed to be included in the rule, and an analysis of policy alternatives:
Changes to ch. ER-MRS 1 governing definitions to update definition of original appointment reinstatement, restoration, and to provide clarification for demotion and transfer.
Changes to ch. ER-MRS 6 governing recruitment and selection to replace examination with competitive procedures and update procedures for the selection process.
Changes to ch. ER-MRS 7 governing appointing procedures for unskilled labor and service classifications to replace examination and update procedures for the selection process.
Changes to ch. ER-MRS 8 governing procedures for corrections and entry professional positions to replace examination and update procedures for the selection process.
Changes to ch. ER-MRS 10 governing limited term appointments to provide for exclusions and violations.
Changes to ch. ER-MRS 11 governing employment registers to remove promotional registers and update management of registers.
Changes to ch. ER-MRS 12 governing certification and appointment to:
Remove certification from promotional registers.
Restoration following layoff.
Replace test and examination with competitive procedures and update procedures for the certification process.
Add reference to exceptional hiring methods and non-competitive appointment provisions.
Changes to ch. ER-MRS 13 governing probationary periods to provide consistency with probationary changes in Act 150 and past practice.
Changes to ch. ER-MRS 14 governing promotion to update procedures for the selection process.
Changes to ch. ER-MRS 15 governing transfer to:
Require the assignment of a probationary period for transfer to a supervisory or management position.
Update probationary requirements for movement within an agency.
Changes to ch. ER-MRS 16 governing reinstatement and restoration to:
Remove restoration following layoff.
Modify the conditions for reinstatement.
Changes to ch. ER-MRS 17 governing demotion to:
Provide for the assignment of a probationary period for demotion to a supervisory or management position.
Update probationary requirements for movement within an agency.
Changes to ch. ER-MRS 22 governing layoff procedures to:
Specify how the order of layoff is to be determined.
Eliminate displacement as an alternative to layoff.
Eliminate restoration following layoff after July 1, 2016.
Changes to ch. ER-MRS 30 governing career executive employment to provide consistency with recruitment, selection, probation, reinstatement and restoration changes that occurred.
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Links to Admin. Code and Statutes in this Register are to current versions, which may not be the version that was referred to in the original published document.