Iowa
The state of Iowa is a merit based civil service system and allows for collective bargaining.
Recruitment – Iowa statute section 8A.402 establishes a “central agency responsible for state human resources management” and authorizes the promulgation of rules by the Director of the Department of Administrative Services (DAS). The director may also delegate responsibilities to appointing authorities. Appointments and promotions are made solely on the basis of merit and fitness “to be ascertained by examinations or other appropriate screening methods.” (Iowa statute section 8A.411(3)) Vacancies in Iowa may be filled by promotion, demotion, transfer, recall, reinstatement or original appointment. (IAC 11-56.1(8A)) Reinstatement is allowed for permanent employees who left employment for other than just cause or demoted and reinstatement may happen at any time. (IAC 11-57.5 (8A)) Reinstatement in Wisconsin has now been limited to employees that are laid off and only for a period of three years. The Department of Administrative Services maintains three types of lists of eligible applicants; (1) Recall; (2) Promotion; and (3) All-applicant. (IAC 11-55.1(8A)) Lists are issued following a request from the agency and expire 120 days after the dated issued. A hire must be effective within 60 days of the expiration of the list. (IAC 11-56.2-.5 (8A)) In Wisconsin, the time frame for a hire is 30 days from request to receipt of certification list and 30 days from certification to hire for a total of 60 days. When filling a vacancy in Iowa, consideration may be limited to current employees for promotion. (IAC 11-55.1(8A)) Wisconsin statutes and rules no longer allow for vacancies to be filled using servicewide promotional or transfer lists. Iowa rules provide for veterans’ preference through points “applied as a percentage of the grade or score attained in qualifying examinations” and verification is required prior to the points being applied. (IAC 11-54.5(2)) Wisconsin no longer assigns points to veterans but rather engages in expanded certification practices to include veterans on a list and verification is only required at the point of hire if the applicant was certified as a result of veterans’ preference. The Director of DAS may refuse to consider applicants or remove applicants from a list of eligibles for similar reasons available in Wisconsin. (IAC 11-54.2(5) and 11-55.2 (8A)) In Iowa, applicants have a period of 5 workdays to respond to an inquiry about availability for appointment, whereas the proposed Wisconsin rules would provide for 2 working days to respond to an offer to participate in subsequent steps of the selection process. Iowa rules also provide applicants may be disqualified or removed if they have resigned in lieu of discharge for cause, which is a provision Wisconsin is including in the proposed rules. Iowa provides for similar non-competitive appointments of disabled veterans, though Iowa requires that the disabled veteran “satisfactorily completes a federally funded job training program.” (IAC 11-57.9 (8A))
Probation – Original appointments in Iowa require a 6-month probationary period compared to 12-months in Wisconsin. (IAC 11-58.1 (8A)) Probation is optional for reinstatement. An employee who promotes or transfers during a probationary period as a result of open competition or who voluntarily demotes, shall have their time spent in the original class counted towards the probationary period for the new position. (IAC 11-58.3-.5 (8A)) In Iowa, an employee with permanent status who promotes within a department may be required to serve a 6-month probationary period and if removed during this probation may be returned to the former class. (IAC 11-58.9 (8A)) Similar to the rules in Wisconsin, Iowa provides that a probationary employee is not eligible for reduction in force (layoff), promotion or appeal rights. (IAC 11.58.1 (8A))
Grievances – Iowa provides an informal grievance process for employees similar to the grievance process in Wisconsin. (IAC 11-61.1 (8A)) The Iowa process requires initial submission to the employee’s immediate supervisor, which is not provided for in the Wisconsin rules. The Iowa rules indicate “grievances involving suspension, reduction in pay within the same grade, disciplinary demotion, or discharge” are filed as appeals and are submitted directly to the Director of DAS. (IAC 11-61.1 (8A)) Wisconsin requires that grievances must first go to the appointing authority. The time limits at each step are similar to those of Wisconsin. (IAC 11-61.1(1)) Iowa also provides for group grievances whereas the proposed Wisconsin rules have eliminated group grievances. (IAC 11-61.1(3)) Grievance meetings are not required at any step in the Iowa process contrary to Wisconsin that requires a meeting at Step 1.
Layoff – Like Wisconsin, the Iowa rules provide procedures for implementing a reduction in force (layoff) of permanent merit system covered employees. (IAC 11-60.3 (8A)) Iowa rules require the reduction in force to be by class within an agency organization unit or agencywide and a plan must be submitted to the director of DAS for approval in advance of the effective date. (IAC 11-60.3(2)) The order of the reduction in force is the result of a calculation of retention points made up of a combination of points for length of service and points for performance record. (IAC 11-60.3(3)) Similar to Wisconsin, discipline and special skills or abilities may be used to adjust the order of layoff. (IAC 11-60.3(3)) The notice requirement in the Iowa rules provides for at least 20 workdays compared to 60 calendar days in Wisconsin. (IAC 11-60.3(2)) Transfers and reassignments to the same class or a class in the same pay grade are permissible outside of the reduction in force process and are not included as alternatives during the layoff process. (IAC 11-60.3(1)) An employee affected by layoff may exercise bumping rights to a filled or vacant lower class in the same series or to a lower formerly held class. (IAC 11-61.3(5)) The notice to the employee will include the classes the employee may have bumping rights to and the employee will be responsible for notifying the appointing authority which class they wish to bump in. (IAC 11-60.3(2) and (3)) Following a notification to the employee of the position in which they could bump, the employee will have five calendar days to provide written acceptance of the position or be laid off. (IAC 11-60.3(5)) Wisconsin rules provide for transfers and demotions as alternatives in lieu of lay off to vacant positions, regardless of whether the employee has held the class previously, and do not allow for the bumping of filled positions. Contrasted to Wisconsin, Iowa rules provide an employee who has been laid off, exercised bumping rights, or had hours reduced shall be eligible for recall to the class and layoff unit occupied at the time of the reduction in force for a period of one year from the effective date. (IAC 11-60.3(6))
Other – Iowa rules do not define job abandonment but provide that an employee who fails to report to work for 3 consecutive days without prior authorization may be considered to have voluntarily terminated employment. (IAC 11-60.1(1))
Michigan
The state of Michigan is a merit based civil service system and allows for collective bargaining.
Recruitment – The State Personnel Director in the Civil Service Commission (CSC) is responsible for administration of the commission’s powers and determines qualifications of candidates for positions in the classified service “by competitive examination and performance exclusively on the basis of merit, efficiency and fitness.” (MI Const 1963, art 11, § 5) Staff of the CSC “shall prepare or approve examinations for all classified positions.” (Michigan Civil Service Commission Rules 3-1.1) Vacancies in Michigan must initially be filled by available persons on a recall list who had been laid off or displaced. (Michigan Civil Service Commission Rules 3-2.3 and Michigan Civil Service Commission Regulations 3.04(4)(A)) Employees are on a recall list for a period of 1 year from the date of layoff or demotion during layoff and can request an additional year twice for a total of 3 years. (Michigan Civil Service Commission Regulations 3.09(5)(E)) Restoration (recall) following layoff has been eliminated in Wisconsin. The next step in the selection process is completing any contractual obligations resulting from collective bargaining. (Michigan Civil Service Commission Regulations 3.04(4)(B) Subsequently, positions may be filled by applicant pools resulting from open competition, promotion, demotion, transfer, or reinstatement. (Michigan Civil Service Commission Rules 3-3.1 to 3.10) To facilitate transfers, preauthorized lateral job change lists are established by CSC which provide “a compilation of current classifications showing, for each classification, a listing of all classifications at the same classification level to which a lateral job change may occur without prior review of qualifications by Civil Service.” (Michigan Civil Service Commission Regulations 3.07(3)(B)(3)) Reinstatement is allowed for permanent employees who demoted or left employment in good standing for a period of 3 years. (Michigan Civil Service Commission Rules 3-3.9) Reinstatement in Wisconsin has now been limited to employees that are laid off and only for a period of three years. Michigan rules provide for veterans’ preference through points added to the final scores of qualified applicants or to the scores of candidates in further screening is completed. (Michigan Civil Service Commission Rules 3-8.3) Wisconsin no longer assigns points to veterans but rather engages in expanded certification practices to include veterans on a list and verification is only required at the point of hire if the applicant was certified as a result of veterans’ preference. Civil service staff may refuse to consider applicants or remove applicants from applicant pools for similar reasons available in Wisconsin. (Michigan Civil Service Commission Rules 3-2.2) Michigan rules do not establish a time requirement to respond to an interview offer, whereas the proposed Wisconsin rules would provide for 2 working days to respond to an offer to participate in subsequent steps of the selection process.
Probation – Michigan rules require a 12-month probationary period, 18-month for less than full time, for “a newly appointed classified employee who does not have status in the classified service” and for “an employee with status who is appointed to a new classification.” (Michigan Civil Service Commission Rules 3-6.1 and 6.2) The proposed Wisconsin rules require a 12-month probationary period for original appointments and promotional appointments and provide for 12-month permissive probations upon certain transfers or demotions. Michigan rules allow for a 6-month extension of a probationary period, possibly longer with approval of the state personnel director, for an employee who has had unsatisfactory performance. (Michigan Civil Service Commission Rules 3-6.2(b)) Wisconsin rules provide extension only when performance has substantially changed or there have been unanticipated changes in the job duties of the employee. A probationary employee in Michigan may be released at any time during the probationary period and up to 28 calendar days after the probation has ended whereas Wisconsin requires the release to happen prior to the end of the probationary period. (Michigan Civil Service Commission Rules 3-6.3) In Michigan, an employee with permanent status who fails a probation in a new classification, other than for just cause, is returned to the former class, regardless of whether the movement occurred within the same agency. (Michigan Civil Service Commission Rules 3-6.6)
Grievances – Michigan rules and regulations provide for a 3 Step grievance process for employees similar to the former grievance process in Wisconsin, including allowing group grievances. (Michigan Civil Service Commission Rules 8-1 and Minnesota Civil Service Commission Regulations 8.01) A Sept-1 grievance must be filed within 14 calendar days to the Step-1 Official within the agency. The Step-1 Official is required to hold an informal conference with the grievant and must issue a written answer within 14 days. Employees who are filing a grievance related to dismissal, suspension without pay, demotion and layoff may go directly to Step-2. The grievant may file a Step-2 grievance within 14 calendar days of the issuance of the Step-1 decision to the Step-2 Official within the agency. There is no requirement for a conference with the employee, though it is permissible. The Step-2 Official must provide a written decision within 28 calendar days. The grievant may appeal the Step-2 decision to the Civil Service Hearings Office (CSHO) within 28 days of the decision. The Michigan rules do not provide any time requirements for the CSHO to hold the hearing on the grievance. Additionally, the grievant may elect for arbitration rather than a hearing. Once a decision is issued, either party may file an appeal to the Civil Service Commission within 28 calendar days.
Layoff – Like Wisconsin, the Michigan rules and regulations provide procedures for implementing a layoff of employees based on classification or classification series, within a department and county. (Michigan Civil Service Commission Rules 2-4 and Michigan Civil Service Commission Regulations 2.01). A layoff plan must only be submitted State Personnel Director of CSC for approval if the agency is going to deviate from the standard layoff process. (Michigan Civil Service Commission Rules 2-4 and Michigan Civil Service Commission Regulations 2.02). The order of layoff is based on continuous service which is calculated to the day using a hour formula. (Michigan Civil Service Commission Regulations 2.01(4)(N)(3)(c)) In Michigan, employees may displace other employees with less seniority in the same classification or series currently held or previously held during the current period of employment. (Michigan Civil Service Commission Rules 2-5.4 and Michigan Civil Service Commission Regulations 2.01(4)(c)) Displacement is no longer allowed in Wisconsin. The notice requirement in the Michigan regulations provides for 15 days compared to 60 calendar days in Wisconsin. (Michigan Civil Service Commission Regulations 2.01(4)(m)) Contrasted to Wisconsin, Michigan rules and regulations provide an employee who has been laid off shall be placed on a recall list for mandatory recall for 1 year with the option for the employee to request an additional year twice, for up to a total of 3 years. (Michigan Civil Service Commission Regulations 3.09(5)(E)) Wisconsin rules provide for transfer and if not available, demotion in lieu of layoff and no recall rights for employees who have been laid off.
Other – Michigan rules do not define job abandonment but provide that an employee who fails to report to work for 3 consecutive days may be disciplined. (Michigan Civil Service Commission Rules 2-6.2(b)(3))
Minnesota
The state of Minnesota is a merit based civil service system and allows for collective bargaining.
Recruitment –The Commissioner of Minnesota Management & Budget (MMB) is responsible for developing rules on the process for determining the extent of competition required for vacancies, conducting selection procedures, and making appointments. (Minnesota statute section 43A.04, subdivision 3) A resume database of applicants who meet the minimum application requirements is maintained by MBB. (Minnesota Personnel Rule 3900.6650) The rules provide for a 1-year eligibility period for applicants in the database with a 6-month minimum provided for by statute. (Minnesota statute section 43A.09, subdivision 2b and Minnesota Personnel Rule 3900.6650) This is comparable to Wisconsin rules. Applicants may also apply directly to the appointing authority for specific vacancies. (Minnesota statute section 43A.09, subdivision 2a) When filling a vacancy, consideration may be limited to current employees, recall lists, reinstatement lists, and transfer candidates. (Minnesota statute section 43A.10, subdivision 6a and Minnesota Personnel Rule 3900.3100) Wisconsin statutes and rules no longer allow for vacancies to be filled using servicewide promotional or transfer lists. The Commissioner of MBB may refuse to consider applicants for similar reasons available in Wisconsin. (Minnesota statute section 43A.10, subdivision 6b and Minnesota Personnel Rule 3900.4200, subpart 3) In Minnesota, applicants have a period of 7 days to respond to an inquiry about availability for appointment, whereas the proposed Wisconsin rules would provide for 2 working days to respond to an offer to participate in subsequent steps of the selection process. Minnesota allows applicants to be removed from consideration immediately upon a failure to appear for a scheduled interview, whereas Wisconsin allows 1 day for the applicant to provide a valid reason before being removed from consideration. Minnesota rules specifically provide for the removal from consideration of an applicant that does not follow instructions specified in a vacancy announcement. Minnesota provides for similar non-competitive appointments including for disabled veterans. (Minnesota statute sections 43A.111. 43A.15, and Minnesota Personnel Rules 3900.8200 to 3900.900) Minnesota does not require the appointing authority to interview additional individuals when making a non-competitive appointment of a disabled veteran whereas Wisconsin requires the consideration of any other interested disabled veteran prior to appointment. There is no time requirement within Minnesota statutes or rules for which appointments must be made.
Probation – Probationary periods in Minnesota may be for 30-days to 2-years, depending on the rules for that particular group of employees. (Minnesota statute section 43A.16, subdivision 1) Non-managerial employees who are not covered by a collective bargaining agreement have a standard probation of 6-months compared to 12-months in Wisconsin. (Minnesota Commissioner's Plan, Chapter VII) The probationary period may be extended for up to 6 additional months, 12 additional months in Wisconsin. Probation is optional for reinstatement, transfer to a new class, transfer to a different agency or jurisdiction, and voluntary demotion. An employee with permanent status who does not complete an optional probation is restored to the former class and agency. In Wisconsin, similar re-employment provisions apply following non-completion of probationary periods when the probation is a result of intra-agency movement. Minnesota provides a trial period for 15 calendar days for a non-managerial employee not covered by a collective bargaining agreement who moves to a new class and/or agency to decide whether the employee will remain in the new position.
Grievances – Minnesota provides a dispute resolution process for employees similar to that of the grievance process in Wisconsin. (Minnesota statutes section 43A.33) For non-managerial employees who are not covered by a collective bargaining agreement, the Minnesota process provides for initial submission of complaints to the employee’s immediate supervisor, followed by the next level supervisor if unresolved. (Minnesota Commissioner's Plan, Chapter XII) Wisconsin rules provide one step for agency management and a second for review by Department of Administration. The time limits at each step in the Minnesota rules are similar to those of Wisconsin. Minnesota encourages employees to use the dispute resolution process for adverse employment decisions but the employee may appeal directly to the Bureau of Mediations Services at any time. (Minnesota Commissioner's Plan, Chapter XII) Employees in Wisconsin must use the grievance procedure provided in statute.
Layoff – For non-managerial employees who are not covered by a collective bargaining agreement, the Minnesota rules provide that permanent and probationary employees may be laid off. (Minnesota Commissioner's Plan, Chapter X) Wisconsin does not allow for the layoff of employees on an original probation. A discussion with employees regarding voluntary reduction of hours, job sharing or other actions prior to initiating layoff is permissible. (Minnesota Commissioner's Plan, Chapter X) Employees shall be reassigned to another position in same class, agency, and employment condition within 35 miles prior to initiating layoffs. (Minnesota Commissioner's Plan, Chapter X) All provisional employees must be released prior to layoffs. There is no requirement in Wisconsin to release any type of employee prior to initiating layoff. The Minnesota statute provides that if layoffs become necessary, each agency with more than 50 full time employees must reduce management and supervisory positions by the same percentage as line and support staff. (Minnesota statute section 43A.046) There is no such requirement in Wisconsin. Minnesota requires a layoff notice of at least 3 weeks which will include all of the following options if available: (1) Accept layoff; (2) Bumping of least senior employee within 35 miles in same employment condition, same agency, and same class, or if not available, a comparable or lower class employee previously served in order of previous service; (3) Vacancy in same agency; (4) Reduction in hours in same agency and the same class or comparable or lower class for which the employee is qualified; (5) Bumping least senior employee with no geographic limits; (6) Bumping least senior employee from full-time to part-time and part-time to full-time if no bumping options to same class and employment condition or vacancies in same agency and employment condition within 35 miles are available; and (7) Claiming a transfer or demotion to another agency unless a vacancy within the agency has been offered. (Minnesota Commissioner's Plan, Chapter X) If the employee is laid off or demotes in lieu of layoff, they will be placed on a layoff list for their class within the agency for 1 to 3 years, depending on continuous service, and may request to be put on the enterprise layoff list. (Minnesota Commissioner's Plan, Chapter X) Recall from such layoff list is mandatory. Wisconsin rules provide for transfer and if not available, demotion in lieu of layoff and no recall rights for employees who have been laid off.
8. Summary of the factual data and analytical methodologies that the agency used in support of the proposed rule and how any related findings support the regulatory approach chosen for the proposed rule:
The Department is proposing this rule to update existing rules and interpretations of existing statutes.
9. Effect on small business:
The rule has no effect on small businesses.
10. Any analysis and supporting documents used in support of the agency’s determination of the rule’s effect on small business or in preparation of economic impact report:
The proposed rule has no effect on small businesses because only governmental employers and their employees are governed by ch. 230, Wis. Stats., as administered by the Department of Administration, Division of Personnel Management. 11. Agency Contact Person:
Nicole Rute, Executive Human Resources Officer
Department of Administration
Division of Personnel Management
101 E. Wilson Street
P.O. Box 7855
Madison, WI 53707-7855
Telephone: (608) 267-1019
12. Place where comments are to be submitted and deadline for submission:
Written comments may be submitted at the public hearing, by regular mail or email to the contact information listed above.
A public hearing will be held on Tuesday, February 20, 2018 from 1:00 pm to 4:00 pm at the Department of Administration building located at 101 E. Wilson Street, Madison, WI 53703.
Rule comments will be accepted until close of business on Tuesday, February 20, 2018.
RULE TEXT
Section 1. ER 1.02 (2) (b), (8), (9), (22), (42) and (46) are amended to read:
ER 1.02 (2) (b) Eliminating a substantial disparity between the proportion of members of racial and ethnic, gender or handicap disability groups either in the classified civil service determined by grouping classifications according to similar responsibilities, pay ranges, nature of work, other factors recognized in the job evaluation process and any other factors the division considers relevant, or in similar functional groups in the unclassified service, and the proportion of members of racial and ethnic, gender or handicap disability groups in the relevant labor pool.
(8) “Demotion” means the permanent appointment of an employee with permanent status in one class to a position in a lower class than the highest position currently held in which the employee has permanent status in class, unless excluded under s. ER−MRS 17.02. A demotion directed by the appointing authority shall be considered involuntary.
(9) “Discrimination” means unlawful actions or practices which constitute unequal or different treatment of, or create an unequal or different effect on an individual or group of people, on the basis of age, race, creed or religion, color, handicap disabled, sex, marital status, national origin or ancestry, political affiliation, arrest or conviction record, sexual orientation, or other bases specified under subch. II of ch. 111, Stats. (22) “Original appointment” means the appointment of a person who has not attained permanent status in class or permanent status, or the appointment of a current or former employee on a basis other than a demotion, promotion, reinstatement, or restoration or transfer basis to a classified position in which permanent status can be attained. Under s. ER−MRS 13.03, “original appointment” does not include appointment of an incumbent employee who is certified and appointed under s. 230.15 (1m) (c), Stats. (42) “Restoration” means the act of mandatory reappointment without competition of an employee or former employee under s. 230.34, 2013 Stats., s. 230.31, 230.32, or 230.33 or 230.34, Stats., to a position: (a) in the same class in which the person was previously employed; (b) in another classification to which the person would have been eligible to transfer had there been no break in employment; or (c) in a class having a lower pay rate or pay range maximum for which the person is qualified to perform the work after the customary orientation provided to newly hired workers in the position. (46) “Transfer” means the permanent appointment of an employee to a different position assigned to a class having the same or counterpart pay rate or pay range as a class to which any of the employee’s current positions is assigned. A transfer directed by the appointing authority shall be considered involuntary.
Section 2. ER 18.01 (2) (b), (2) (e), (3) (f), (4m), and (6) (a) are amended to read:
ER 18.01 (2) (b) Unclassified staff Employees of the University of Wisconsin System not identified under s. 20.923 (4), Stats.;
