Chapters ER 1, 10, 18, 21, 29, 30, 34, 43, 44, 46, 47 and ER-MRS 1, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, 17, 22, 24, 27, 30. 32, and 34, relating to application of provisions of the civil service law, subch. II of ch. 230, Stats. 5. Brief plain language summary of the proposed rule:
Changes to ch. ER 1 governing definitions to update definitions of original appointment and restoration. Definitions of involuntary demotion and involuntary transfer were created. Changes to ch. ER 18 governing absences to provide consistency with statute and the State of Wisconsin Compensation Plan. Removed references to restoration and examination, updated applicability of provisions to University of Wisconsin employees, and adjusted timelines for leave to reflect changes in probationary periods. Changes to ch. ER 21 governing resignation to update the definition of leave credits as related to resignation. The parameters of job abandonment updated to align the rule with statute. Changes to ch. ER 43 governing affirmative action and equal opportunity to provide consistency with terminology used in statutes and federal regulations. Changes to ch. ER 46 governing grievance procedures to provide consistency with statute. 2015 Wisconsin Act 150 created grievance procedures for adverse employment decisions in s. 230.445, Wis. Stats. The proposed rule changes update state employee grievance procedures and time limits for grievances filed relating to conditions of employment to match those for adverse employment decisions. Changes to ch. ER-MRS 1 governing definitions to update definitions of original appointment and restoration. Definitions of involuntary demotion and involuntary transfer were created. Changes to ch. ER-MRS 6 governing recruitment and selection to replace examination with competitive procedures to align the rule with current statute resulting from 2015 Wisconsin Act 150 changes. Changes to ch. ER-MRS 7 governing appointing procedures for unskilled labor and service classifications to replace the term examination to align the rule with current statute resulting from 2015 Wisconsin Act 150 changes. Changes to ch. ER-MRS 8 governing procedures for corrections and entry professional positions to replace the term examination and remove reference to promotional and servicewide recruitments to align the rule with current statute resulting from 2015 Wisconsin Act 150 changes. References to Department of Health Services also removed to align rule with current statute. Changes to ch. ER-MRS 10 governing limited term appointments to provide for exclusions and violations to align the rule with statute and current practice. Changes to ch. ER-MRS 11 governing employment registers to remove promotional registers to align the rule with current statute and update management of registers to account for new statutory timelines for recruitment resulting from 2015 Wisconsin Act 150 changes. Changes to ch. ER-MRS 12 governing certification and appointment to remove certification from promotional and restoration registers and to replace examination with competitive procedures to align the rule with current statute resulting from 2015 Wisconsin Act 150 changes. Add reference to exceptional hiring methods and non-competitive appointment statute provisions. Changes to ch. ER-MRS 13 governing probationary periods to provide consistency with probationary changes in 2015 Wisconsin Act 150 changes and current practice. All probationary periods will have a minimum duration of one year. Original and promotional probations may be extended for up to 12 months. No waiver is allowed for probationary periods for supervisory positions. Updating extension of a probation due to absence from employment to be for 348 hours as a result of the base probationary period being twice as long as prior probations. Mandatory extension due to absence for required probations only. Changes to ch. ER-MRS 14 governing promotion to provide that promotional appointments are a result of open competition and remove reinstatement language to align the rule with current statute resulting from 2015 Wisconsin Act 150 changes. Removing duplicate language for pay on new promotion. Changes to ch. ER-MRS 15 governing transfer to add language for authorization and probation related to involuntary transfers to differentiate from voluntary transfers. Changes to ch. ER-MRS 16 governing reinstatement and restoration to update period of eligibility and conditions for reinstatement and restoration to align the rule with current statute resulting from 2015 Wisconsin Act 150 changes. Changes to ch. ER-MRS 17 governing demotion to remove reference to restoration and clarify the assignment of a probationary period for voluntary demotion. Changes to ch. ER-MRS 22 governing layoff procedures to specify how the order of layoff is to be determined to align the rule with current statute resulting from 2015 Wisconsin Act 150 changes. Definition of reasonable offer updated to reflect current practices. Alternatives to termination from the service as a result of layoff were modified to remove difference of within or between employing unit movements for transfers and demotions. Displacement as an alternative to layoff and restoration following layoff after July 1, 2016 were eliminated and reinstatement eligibility was updated to align the rule with current statute resulting from 2015 Wisconsin Act 150 changes. Changes to ch. ER-MRS 27 governing exceptional methods and kinds of employment to replace examination with selection procedures to align the rule with current statute resulting from 2015 Wisconsin Act 150 changes. Changes to ch. ER-MRS 30 governing career executive employment to provide consistency with recruitment, selection, probation, reinstatement and restoration changes made elsewhere and to align the rule with current statute resulting from 2015 Wisconsin Act 150 changes. Waiver of any portion of a trial period was eliminated. Added permissive probation for movement between agencies of career executive employees who have completed a trial period. Clarified career executive reassignment and prohibited reassignment between agencies while serving a trial period. Updated technical terminology to remove restoration language. Changes to ch. ER-MRS 32 governing acting assignments to update procedures to align rule with current practices. Changes to ch. ER-MRS 34 governing project appointments to update employment eligibilities to align the rule with current statute resulting from 2015 Wisconsin Act 150 changes. 6. Summary of, and preliminary comparison with, any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule:
There are no existing or proposed federal regulations that directly pertain to this proposed rule.
7. Comparison with similar rules in Illinois, Iowa, Michigan, and Minnesota:
Each of the four-comparison states have a form of civil service (very similar to Wisconsin’s original design), traditional collective bargaining, and mechanisms available for each of the topics presented for modification by the Division of Personnel Management (DPM). Based on the rule submission from the DPM, the topics of comparison include: 1) recruitment and selection, 2) probation, 3) grievances, and 4) layoff. To set the context of the comparison, the rules for Wisconsin are summarized first and then followed with a summary comparison of each state by topic.
Recruitment: Selection Process. Wisconsin has a civil service system covering all classified employees of the State and overseen by the Director of the Bureau of Merit Recruitment and Selection (BMRS). With the modifications from Act 150, applicants to civil service positions now apply with a resume and other selection materials as required by the Director. Act 150 eliminated any form of closed competition (service wide transfer and promotions) which means all advertised positions are available to all members of the public. (Note: agencies are permitted an internal transfer process prior to posting a vacancy for filling.) Positions must be advertised for at least 10 days and all materials are evaluated to determine eligibility. Eligible candidates are placed on a register which can remain active for up to three years. Due to the ease of the recruitment process and the competitive labor market, the current code submission stipulates a standard of one year but allows for two, one-year renewals if needed. Human resources staff draw names from the register to make a certification list which is provided to supervisors for interview. The entire hiring process is to be completed in 60 days – 30 days from the appointing authority’s request to fill until the register is created and 30 days from the certification until a candidate is hired.
Veterans. Under Wisconsin law, veterans, or their spouses, with certain statuses or war experiences are given additional preference on the list as are females and minorities for positions which show statistical underutilization. Wisconsin law also permits non-competitive hiring of veterans with at least a 30% disability.
Applicant Management. Under the proposed rule changes, candidates invited to an interview will now have two days to respond rather than the five days previously provided. The change is reflective of current applicant management practices which allow for email and on-line scheduling rather than mailed letters which was the only mechanism available at the time of the original rule. The BMRS Director has a number of removal methods to address applicant issues during the hiring process. A new rule is being added to permit disqualification if the candidate previously resigned State service in lieu of discharge from State employment due to cause.
Candidate Pool. Post Act 150, the concepts of reinstatement and restoration were modified. Specifically, reinstatement was changed from a permissive eligibility available to employees, who left State service without delinquency or misconduct, for five years from the date of separation to a permissive eligibility available to persons laid off from state service for three years from the date of layoff. Restoration which had been a mandatory right of rehire for three years following lay off was eliminated. Restoration to the civil service remained for members of the classified service provided a leave of absence to the unclassified service and for members of the military on a leave of absence.
Illinois: Selection Process. The Director of Central Management Services (CMS) is responsible for the administration of the Personnel Code (20 ILCS 415/3). “The Director shall conduct open competitive and promotional examinations to determine the relative fitness of applicants” (80 ILADC 302.10). Vacancies in Illinois must initially be filled by available persons on a reemployment list (80 ILADC 302.10(b)). Subsequently, positions may be filled by open competition, promotion, demotion, transfer, or reinstatement (80 ILADC 302.90).
Veterans. Illinois rules provide for veterans’ preference through points added to the final grades of qualified applicants and verification is required prior to the points being applied (80 ILADC 302.30).
Applicant Management. The Director of CMS may refuse to consider applicants or remove applicants from a list of eligibles for similar reasons available in Wisconsin (80 ILADC 302.130). Illinois rules do not establish a time requirement to respond to an interview offer. Performance records of employees are considered for all personnel transactions (80 ILADC 302.260).
Candidate Pool. Reinstatement is allowed for permanent employees who left employment in good standing or have been laid off and there is no time limit on such eligibility (80 ILADC 302.610).
Iowa: Selection Process. 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)).
Veterans. 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)). 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)).
Applicant Management. 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 five workdays to respond to an inquiry about availability for appointment and similar rules which allow for applicant disqualification or removal due previous resignation in lieu of discharge for cause.
Candidate Pool. 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)). The DAS 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)). When filling a vacancy in Iowa, consideration may be limited to current employees for promotion. (IAC 11-55.1(8A)).
Michigan: Selection Process. 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)).
Veterans. 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).
Applicant Management. Civil service staff may refuse to consider applicants or remove applicants from applicant pools for reasons similar to those available in Wisconsin. (Michigan Civil Service Commission Rules 3-2.2) Michigan rules do not establish a time requirement for applicant response to an interview offer.
Candidate Pool. Reinstatement is allowed for permanent employees who demoted or left employment in good standing for a period of three years (Michigan Civil Service Commission Rules 3-3.9). Employees are on a recall list for a period of one year from the date of layoff or demotion during layoff and can request an additional year twice for a total of three years (Michigan Civil Service Commission Regulations 3.09(5)(E)). 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)).
