2003 Wisconsin Act 33

33,2408w Section 2408w. 230.12 (4) (b) of the statutes is amended to read:

230.12 (4) (b) The secretary director may, without prior approval of the joint committee on employment relations, determine the circumstances under which it is appropriate for an appointing authority to grant, and authorize an appointing authority to grant, a general wage or parity adjustment, or appropriate portion thereof, previously approved by the committee under this section to employees who did not receive the adjustment on the effective date of the adjustment set forth in the plan. No general wage or parity adjustment may become effective for any employee prior to the effective date of the individual employee transaction, but the secretary director may authorize an appointing authority to grant a lump sum payment to an employee to reflect any wage or parity adjustment that the employee did not receive during the period between the effective date of the adjustment set forth in the plan and the effective date of the individual employee transaction.

33,2408x Section 2408x. 230.12 (5) (c) of the statutes is amended to read:

230.12 (5) (c) Increase limits. Unless otherwise defined in the pay schedule the total amount for all such within range increases shall not exceed the amount for such increases specified and approved by the joint committee on employment relations in its action on the secretary's director's proposal for such increases.

33,2409 Section 2409. 230.12 (7m) of the statutes is amended to read:

230.12 (7m) Pay adjustment filing requirements. Except as provided in the rules of the secretary director and in the compensation plan, pay increases shall be made only on the dates prescribed under sub. (8). Appointing authorities shall at such times each year as specified by the secretary file with the secretary director and with the department secretary of administration a list of employees showing their then existing pay rates and their proposed new pay rates.

33,2409g Section 2409g. 230.12 (9) of the statutes is amended to read:

230.12 (9) Health insurance premium credits. The secretary director may recommend to the joint committee on employment relations a program, administered by the department of employee trust funds, that provides health insurance premium credits to employees whose compensation is established under this section or s. 20.923 (2) or (3). The health insurance premium credits shall be used for the purchase of health insurance for a retired employee, or the retired employee's surviving insured dependents, and for an eligible employee under s. 40.02 (25) (b) 6e., or the eligible employee's surviving insured dependents, and shall be based on the employee's years of continuous service, accumulated unused sick leave and any other factor recommended by the secretary director. The approval process for the program is the same as that provided under sub. (3) (b) and the program shall be incorporated into the compensation plan under sub. (1).

33,2409h Section 2409h. 230.13 (1) (intro.) of the statutes is amended to read:

230.13 (1) (intro.) Except as provided in sub. (3) and s. 103.13, the secretary director and the administrator may keep records of the following personnel matters closed to the public:

33,2409p Section 2409p. 230.13 (2) of the statutes is amended to read:

230.13 (2) Unless the name of an applicant is certified under s. 230.25, the secretary director and the administrator shall keep records of the identity of an applicant for a position closed to the public, except as provided in sub. (3).

33,2409t Section 2409t. 230.13 (3) of the statutes is amended to read:

230.13 (3) The secretary director and the administrator shall provide to the department of workforce development or a county child support agency under s. 59.53 (5) information requested under s. 49.22 (2m) that would otherwise be closed to the public under this section. Information provided under this subsection may only include an individual's name and address, an individual's employer and financial information related to an individual.

33,2410 Section 2410. 230.14 (4) of the statutes is amended to read:

230.14 (4) The administrator may charge an agency a fee to announce any vacancy to be filled in a classified or unclassified position in that agency. Funds received under this subsection shall be credited to the appropriation account under s. 20.512 20.545 (1) (ka).

33,2411 Section 2411. 230.143 (3) of the statutes is repealed.

33,2412 Section 2412. 230.147 (3) of the statutes is amended to read:

230.147 (3) Notwithstanding subs. (1) and (2), the state fair park board shall make every reasonable effort to employ in permanent full-time equivalent positions persons who, at the time determined under sub. (4), receive aid under s. 49.19 or benefits under s. 49.147 (3) to (5). The state fair park board shall consult with the department of employment relations office to assure that its efforts under this subsection comply with ch. 230.

33,2412b Section 2412b. 230.15 (1m) (b) (intro.) of the statutes is amended to read:

230.15 (1m) (b) (intro.) Whenever a position is included in the classified service under par. (a), the secretary director shall determine all of the following:

33,2412e Section 2412e. 230.16 (7m) (b) (intro.) of the statutes is amended to read:

230.16 (7m) (b) (intro.) The department office shall accept an application after its due date from a veteran if all of the following apply:

33,2412m Section 2412m. 230.16 (7m) (c) of the statutes is amended to read:

230.16 (7m) (c) Within 30 days after acceptance of an application under par. (b), the department office shall give the applicant an examination.

33,2412s Section 2412s. 230.21 (1m) (b) of the statutes is amended to read:

230.21 (1m) (b) If the administrator uses the method of random certification to determine which applicants for an unskilled labor or service position will receive further consideration for the position and the appointing authority does not select a veteran or a person the hiring of whom would serve affirmative action purposes, the appointing authority shall make and retain a written record of the appointing authority's reasons for selecting the person who was appointed. The appointing authority shall make the written records available to the department office and annually submit a report to the department office summarizing the reasons contained in the written records.

33,2413 Section 2413. 230.215 (3) (a) of the statutes is amended to read:

230.215 (3) (a) An agency may, with the approval of the secretary director and with the approval of the secretary of administration under s. 16.50, restructure budgeted permanent positions as such positions become vacant or if an employee voluntarily requests a job-sharing or permanent part-time employment opportunity. No employee occupying a full-time permanent position may be involuntarily terminated, demoted, transferred or reassigned in order to restructure that position for permanent part-time employment and no such employee may be required to accept a permanent part-time position as a condition of continued employment.

33,2413b Section 2413b. 230.215 (3) (b) of the statutes is amended to read:

230.215 (3) (b) If the secretary director, upon review of the report submitted under sub. (4), determines that an agency's past or proposed actions relating to permanent part-time employment opportunities do not adequately reflect the policy under sub. (1) (e), the secretary director may recommend procedures designed to enable the agency to effect such policy.

33,2413d Section 2413d. 230.215 (4) of the statutes is amended to read:

230.215 (4) Reports. Each agency, in complying with s. 15.04 (1) (d), shall include a report on the progress or failure of the plans of such agency in achieving the policies stated under sub. (1) and shall submit a copy of such report to the secretary director.

33,2413f Section 2413f. 230.22 (1) of the statutes is amended to read:

230.22 (1) The secretary director may establish by rule an entry professional class program for use in a wide range of entry professional positions.

33,2413h Section 2413h. 230.22 (2) of the statutes is amended to read:

230.22 (2) In connection with this program the secretary director may establish separate classifications and corresponding pay provisions to provide agencies an entry professional program, through which they can compete on campuses and in the labor market for the best available applicants.

33,2413i Section 2413i. 230.24 (1) of the statutes is amended to read:

230.24 (1) The secretary director may by rule develop a career executive program that emphasizes excellence in administrative skills in order to provide agencies with a pool of highly qualified executive candidates, to provide outstanding administrative employees a broad opportunity for career advancement and to provide for the mobility of such employees among the agencies and units of state government for the most advantageous use of their managerial and administrative skills. To accomplish the purpose of this program, the administrator may provide policies and standards for recruitment, examination, probation, employment register control, certification, transfer, promotion and reemployment, and the secretary director may provide policies and standards for classification and salary administration, separate from procedures established for other employment. The secretary director shall determine the positions which may be filled from career executive employment registers.

33,2413k Section 2413k. 230.25 (1p) of the statutes is amended to read:

230.25 (1p) If an appointing authority appoints a person certified under this section and the person is not a veteran, the spouse of a veteran or a person the hiring of whom would serve affirmative action purposes, the appointing authority shall make and retain a written record of the appointing authority's reasons for selecting the person who was appointed. The appointing authority shall make the written records available to the department office and annually submit a report to the department office summarizing the reasons contained in the written records. The department office shall annually prepare a report summarizing, for each agency, the reasons contained in the records prepared by appointing authorities under this subsection.

33,2413r Section 2413r. 230.27 (2k) of the statutes is amended to read:

230.27 (2k) If an appointing authority selects, for a project position, a person who is not a veteran or is not a person the hiring of whom would serve affirmative action purposes, the appointing authority shall make and retain a written record of the appointing authority's reasons for selecting the person who was appointed. The appointing authority shall make the written records available to the department office and annually submit a report to the department office summarizing the reasons contained in the written records. The department office shall annually prepare a report summarizing, for each agency, the information submitted by appointing authorities under this subsection.

33,2413s Section 2413s. 230.32 (3) of the statutes is amended to read:

230.32 (3) (a) Any classified employee who leaves state service and enters the armed forces of the United States shall, under this section, be granted written military leave of absence by the appointing authority. Notice of such leave from state service and the terms of any such leave shall be given in writing by the appointing authority to the secretary director for purposes of record.

(b) Any classified employee who leaves state service for civilian employment in response to a specific request or order of the federal government or any of its agencies in connection with manpower redistribution and utilization shall, under this section, make written application to the appointing authority for civilian leave of absence presenting such specific request or order of the federal government as supporting evidence. Such civilian leave shall be allowed by the appointing authority and its terms, which shall conform to the rules of the secretary director, shall be in writing. Notice of such leave from state service shall be made in writing by the appointing authority to the secretary director for purposes of record.

(c) All such military or civilian leaves of absence as heretofore may have been granted are validated and shall be deemed to be sufficient and effective hereunder. Such leaves shall be recorded with the secretary director.

33,2413t Section 2413t. 230.33 (2) of the statutes is amended to read:

230.33 (2) A person appointed to an unclassified position by an appointing authority other than an appointing authority described under sub. (1), to a department other than the one in which the person was a classified employee may be granted a leave of absence without pay at the option of the person's former appointing authority in accordance with the leave of absence provisions in the rules of the secretary director. An employee granted a leave of absence shall have the same restoration rights and reinstatement privileges as under sub. (1m). If not granted a leave of absence, the employee shall be entitled only to the reinstatement privileges under sub. (1m).

33,2416b Section 2416b. 230.34 (1) (c) of the statutes is amended to read:

230.34 (1) (c) The secretary director shall establish guidelines for uniform application of this authority among the various agencies.

33,2416d Section 2416d. 230.34 (4) of the statutes is amended to read:

230.34 (4) Resignations shall be regulated by the rules of the secretary director.

33,2416f Section 2416f. 230.35 (1) (d) of the statutes is amended to read:

230.35 (1) (d) Annual leaves of absence shall not be cumulative except under sub. (1p) and except that unused annual leave shall, subject to the rules of the secretary director, be used in the year following the one in which it was earned, but no employee shall lose any unused annual leave because the employee's work responsibilities prevented the usage of the unused annual leave during the first 6 months of the year following the year in which it was earned.

33,2416h Section 2416h. 230.35 (2) of the statutes is amended to read:

230.35 (2) Leave of absence with pay owing to sickness and leave of absence without pay, other than annual leave and leave under s. 103.10, shall be regulated by rules of the secretary director, except that unused sick leave shall accumulate from year to year. After July 1, 1973, employees appointed to career executive positions under the program established under s. 230.24 or positions designated in s. 19.42 (10) (L) or 20.923 (4), (7), (8), and (9) or authorized under s. 230.08 (2) (e) shall have any unused sick leave credits restored if they are reemployed in a career executive position or in a position under s. 19.42 (10) (L) or 20.923 (4), (7), (8), and (9) or authorized under s. 230.08 (2) (e), regardless of the duration of their absence. Restoration of unused sick leave credits if reemployment is to a position other than those specified above shall be in accordance with rules of the secretary director.

33,2416j Section 2416j. 230.35 (2r) (b) of the statutes is amended to read:

230.35 (2r) (b) The secretary director may establish, by rule, a catastrophic leave program that permits employees to donate certain types and amounts of leave credits to other employees who have been absent from pay status because of a catastrophic need for which there is no paid leave benefits or replacement income available. The secretary director shall determine the types and amounts of leave credits that may be donated.

33,2416L Section 2416L. 230.35 (3) (d) of the statutes is amended to read:

230.35 (3) (d) Employees of the state are entitled to reasonable paid leaves of absence to compete in promotional examinations and interviews. The secretary director shall promulgate rules governing the lengths of time allowable for such leaves, their frequency and the provisions for their use.

33,2416m Section 2416m. 230.35 (3) (e) 2. e. of the statutes is amended to read:

230.35 (3) (e) 2. e. The leave of absence conforms with any rules of the secretary director regarding leaves of absence to provide specialized disaster relief services.

33,2416n Section 2416n. 230.35 (3) (e) 5. of the statutes is amended to read:

230.35 (3) (e) 5. The secretary director may promulgate any rules necessary to implement this paragraph.

33,2416p Section 2416p. 230.35 (5) (b) of the statutes is amended to read:

230.35 (5) (b) The standard basis of employment shall be divided into 5 work days of 8 hours each except as provided under s. 230.215 (5), and except that when the conditions of employment cannot be satisfied by adhering to this division or when the public would not be inconvenienced, deviations may be permitted upon recommendation of the appointing authority and subsequent approval by the secretary director.

33,2416r Section 2416r. 230.37 (1) of the statutes is amended to read:

230.37 (1) In cooperation with appointing authorities the secretary director shall establish an employee performance evaluation program to provide a continuing record of employee development and, when applicable, to serve as a basis for pertinent personnel actions. Similar evaluations shall be conducted during the probationary period but may not infringe upon the authority of the appointing authority to retain or dismiss employees during the probationary period.

33,2416t Section 2416t. 230.43 (5) of the statutes is amended to read:

230.43 (5) Taxpayers' suits. The right of any taxpayer to bring any action to restrain the payment of compensation to any person appointed to or holding any office or place of employment in violation of this subchapter shall not be limited or denied by reason of the fact that the office or place of employment has been classified as, or determined to be, not subject to competitive examination; however, any judgment or injunction in any such action shall be prospective only, and shall not affect payments already made or due to such persons by the proper disbursing officers, in accordance with the rules of the secretary director in force at the time of such payments.

33,2416v Section 2416v. 230.44 (1) (b) of the statutes is amended to read:

230.44 (1) (b) Decision made or delegated by secretary director. Appeal of a personnel decision under s. 230.09 (2) (a) or (d) or 230.13 (1) made by the secretary director or by an appointing authority under authority delegated by the secretary director under s. 230.04 (1m).

33,2417m Section 2417m. 230.44 (1) (dm) of the statutes is amended to read:

230.44 (1) (dm) Noncompetitive appointment of certain disabled veterans. A personnel action under s. 230.275 by an appointing authority that is alleged to be illegal or an abuse of discretion. The administrator and the department office may not be a party to any such appeal.

33,2417s Section 2417s. 230.44 (4) (bm) of the statutes is amended to read:

230.44 (4) (bm) Upon request of an employee who files an appeal of the decision of the secretary director made under s. 230.09 (2) (a) or (d), the appeal shall be heard by a commissioner or attorney employed by the commission serving as arbitrator under rules promulgated for this purpose by the commission. In such an arbitration, the arbitrator shall orally render a decision at the conclusion of the hearing affirming, modifying or rejecting the decision of the secretary director. The decision of the arbitrator is final and is not subject to review by the commission. An arbitrator's decision may not be cited as precedent in any other proceeding before the commission or before any court. The arbitrator shall promptly file his or her decision with the commission. The decision of the arbitrator shall stand as the decision of the commission. The decision of the commission is subject to review under ss. 227.53 to 227.57 only on the ground that the decision was procured by corruption, fraud or undue means or that the arbitrator or the commission exceeded the arbitrator's or the commission's power. The record of a proceeding under this paragraph shall be transcribed as provided in s. 227.44 (8).

33,2418 Section 2418. 230.45 (title) of the statutes is amended to read:

230.45 (title) Powers and duties of personnel commission and division of equal rights.

33,2419 Section 2419. 230.45 (1) (b) of the statutes is repealed.

33,2420 Section 2420. 230.45 (1) (e) of the statutes is amended to read:

230.45 (1) (e) Hear appeals, when authorized under county merit system rules under s. 49.33 49.78 (4), from any interested party.

33,2421 Section 2421. 230.45 (1) (g) of the statutes is repealed.

33,2422 Section 2422. 230.45 (1) (gm) of the statutes is repealed.

33,2422g Section 2422g. 230.45 (1) (h) of the statutes is amended to read:

230.45 (1) (h) Keep minutes of its own proceedings and other official actions. All such records shall, subject to reasonable rules, be open to public inspection. Records of the secretary director or the administrator which are confidential shall be kept confidential by the division of equal rights or the commission.

33,2422r Section 2422r. 230.45 (1) (i) of the statutes is amended to read:

230.45 (1) (i) Adopt rules necessary to carry out this section. Notice of the contents of such rules and amendments thereto shall be given promptly to the secretary director, the administrator and appointing authorities affected thereby.

33,2423 Section 2423. 230.45 (1) (j) of the statutes is repealed.