230.32 (4) Any person appointed to fill the position of an employee on such military or civilian leave shall be designated as a substitute or replacement employee and upon the return and reemployment of the original employee the substitute employee shall be transferred to a similar position with the same employing agency if one is available, or if not, he or she shall be eligible for reinstatement or have the right of restoration in accordance with this subchapter and the rules of the director. The status of any person who is appointed to fill the place of an employee on military or civilian leave under this section shall be governed by the rules of the director pursuant thereto.
150,73
Section
73. 230.34 (1) (a) of the statutes is renumbered 230.34 (1) (a) (intro.) and amended to read:
230.34 (1) (a) (intro.) An employee with permanent status in class or an employee who has served with the state as an assistant district attorney or an assistant state public defender for a continuous period of 12 months or more may be removed, suspended without pay, discharged, reduced in base pay, or demoted only for just cause. It is just cause to remove, suspend without pay, discharge, reduce the base pay of, or demote an employee for work performance or personal conduct that is inadequate, unsuitable, or inferior, as determined by the appointing authority, but only after imposing progressive discipline that complies with the administrator's standards under s. 230.04 (13m). It is just cause to remove, suspend without pay, discharge, reduce the base pay of, or demote an employee without imposing progressive discipline for any of the following conduct:
150,74
Section
74. 230.34 (1) (a) 1. to 9. of the statutes are created to read:
230.34 (1) (a) 1. While on duty, harassing a person.
2. While on duty, intentionally inflicting physical harm on another person.
3. While on duty, being intoxicated or under the influence of a controlled substance, as defined in s. 961.01 (4), or a controlled substance analog, as defined in s. 961.01 (4m).
4. While on duty, being in possession of a controlled substance, as defined in s. 961.01 (4), or a controlled substance analog, as defined in s. 961.01 (4m), without a prescription.
5. Falsifying records of the agency.
6. Theft of agency property or services with intent to deprive an agency of the property or services permanently, theft of currency of any value, felonious conduct connected with the employee's employment with the agency, or intentional or negligent conduct by an employee that causes substantial damage to agency property.
7. A conviction of an employee of a crime or other offense subject to civil forfeiture, while on or off duty, if the conviction makes it impossible for the employee to perform the duties that the employee performs for the agency.
8. Misuse or abuse of agency property, including the intentional use of the agency's equipment to download, view, solicit, seek, display, or distribute pornographic material.
9. A serious violation of the code of ethics established by the director under s. 19.45 (11) (a), as determined by the director.
150,75
Section
75. 230.34 (1) (am) of the statutes is amended to read:
230.34 (1) (am) If an employee fails to report for work as scheduled or to contact his or her supervisor, the appointing authority may discipline the employee. If an employee fails to report for work as scheduled, or to contact his or her supervisor for a minimum of 5 consecutive 3 working days during a calendar year, the appointing authority shall consider the employee's position abandoned and may discipline the employee or treat the employee as having resigned his or her position. If the appointing authority decides to treat the position abandonment as a resignation, the appointing authority shall notify the employee in writing that the employee is being treated as having effectively resigned as of the end of the last day worked.
150,75m
Section 75m. 230.34 (2) (intro.) of the statutes is amended to read:
230.34 (2) (intro.) Employees with permanent status in class in permanent, sessional and seasonal positions in the classified service and employees serving a probationary period in such positions after promotion or transfer may be laid off because of a reduction in force due to a stoppage or lack of work or funds or owing to material changes in duties or organization but only after all original appointment probationary and limited term employees in the classes used for layoff, are terminated.
150,76
Section
76. 230.34 (2) (a) of the statutes is amended to read:
230.34 (2) (a) The An appointing authority shall determine the order of layoff of such employees may be determined by seniority or primarily based on job performance or a combination thereof or by other factors
, and thereafter, in accordance with the rules of the director, on disciplinary records, seniority, and ability.
230.34 (2) (b) The director shall promulgate rules governing layoffs and appeals therefrom and alternative procedures in lieu of layoff to include voluntary and involuntary demotion and the exercise of a displacing right to a comparable or lower class, as well as the subsequent employee right of restoration or eligibility for reinstatement.
230.35 (3) (d) Employees of the state are entitled to reasonable paid leaves of absence to compete in promotional examinations and interviews evaluations. The administrator shall promulgate rules governing the lengths of time allowable for such leaves, their frequency and the provisions for their use.
230.37 (1) In cooperation with appointing authorities the administrator 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. Under the employee performance evaluation program established under this subsection, the administrator shall require each appointing authority to conduct at least an annual performance evaluation of each employee appointed by the appointing authority. 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.
150,80
Section
80. 230.40 (3) of the statutes is repealed.
150,81
Section
81. 230.43 (1) (title) of the statutes is amended to read:
230.43 (1) (title) Obstruction Hiring process; obstruction or falsifications of examinations.
150,82
Section
82. 230.43 (1) (a) of the statutes is renumbered 230.43 (1) (intro.) and amended to read:
230.43 (1) (intro.) Any person who willfully, alone or in cooperation with one or more persons, defeats
does any of the following is, for each offense, guilty of a misdemeanor:
(am) Willfully defeats, deceives or obstructs any person in respect of the rights of examination application or registration under this subchapter or any rules prescribed pursuant thereto, or.
150,83
Section
83. 230.43 (1) (b) of the statutes is amended to read:
230.43 (1) (b) Who willfully,
Willfully or corruptly, falsely marks, grades, estimates, or reports upon
the examination an application or resume, or proper standing of any person examined evaluated, registered, or certified, pursuant to this subchapter, or aids in so doing, or.
150,84
Section
84. 230.43 (1) (c) of the statutes is amended to read:
230.43 (1) (c) Who willfully
Willfully or corruptly makes any false representations concerning the same, or concerning the person examined, or an applicant.
150,85
Section
85. 230.43 (1) (d) of the statutes is amended to read:
230.43 (1) (d) Who willfully
Willfully or corruptly furnishes any person any special or secret information for the purpose of either improving or injuring the prospects or chances of any persons so examined evaluated, registered, or certified, being appointed, employed
, or promoted, or.
150,86
Section
86. 230.43 (1) (e) of the statutes is amended to read:
230.43 (1) (e) Who personates
Personates any other person, or permits or aids in any manner any other person to personate him or her in connection with any examination, registration, application, or request to be examined evaluated or registered, shall for each offense be guilty of a misdemeanor.
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 a competitive examination hiring process; 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 administrator in force at the time of such payments.
150,88
Section
88. 230.44 (1) (c) of the statutes is amended to read:
230.44 (1) (c) Demotion, layoff, suspension or discharge. If an employee has permanent status in class, or an employee has served with the state as an assistant district attorney or an assistant state public defender for a continuous period of 12 months or more, the employee may appeal a demotion, layoff, suspension, discharge or reduction in base pay to the commission as the final step in the state employee grievance procedure process established under s. 230.04 (14) 230.445, if the appeal alleges that the decision was not based on just cause.
150,89
Section
89. 230.44 (1) (e) of the statutes is amended to read:
230.44 (1) (e) Discretionary performance awards. This subsection does not apply to decisions of an appointing authority relating to discretionary performance awards under s. 230.12 (5) or under the discretionary merit award program established under s. 230.04 (19), including the evaluation methodology and results used to determine the award or the amount awarded.
150,90
Section
90. 230.445 of the statutes is created to read:
230.445 Grievance process for demotion, suspension, discharge, layoff, or reduction in base pay. (1) In this section:
(a) "Adverse employment decision" means a decision to demote, layoff, suspend without pay, discharge, or reduce the base pay of an employee.
(b) "Employee" means an employee who has obtained permanent status in class or an employee who has served with the state as an assistant district attorney or an assistant state public defender for a continuous period of 12 months or more.
(2) An employee may file a complaint under this section concerning the application of a law, rule, or policy to an adverse employment decision against the employee. If an employee does not file a complaint or an appeal by an applicable deadline under sub. (3), the employee waives his or her right to appeal the adverse employment decision under this subchapter.
(3) (a) 1. To commence the grievance process for an adverse employment action, an employee shall file a complaint with the employee's appointing authority challenging the adverse employment decision against the employee no later than 14 days after the employee becomes aware of, or should have become aware of, the decision that is the subject of the complaint.
2. An appointing authority, or his or her designee, who receives a timely complaint under subd. 1. shall conduct any investigation he or she considers necessary, meet with with the employee in person, and issue a decision, in writing, not later than 14 days after the date of which the appointing authority, or his or her designee, received the employee's complaint. If the appointing authority does not issue a written decision within 15 days after receiving the employee's complaint, the employee may appeal to the administrator under par. (b).
(b) 1. If an appointing authority does not find in favor of the employee under par. (a), the employee may appeal the appointing authority's decision by filing a complaint with the administrator. The employee may not file a complaint under this subdivision later than 14 days after the date of the appointing authority's decision.
2. If the administrator receives a timely complaint under subd. 1., the administrator shall review the complaint and the appointing authority's written decision, and shall issue a decision, in writing, no later than 30 days after the date the employee filed a complaint with the administrator. If the administrator does not issue a written decision within 31 days after receiving the employee's complaint, the employee may appeal to the commission under par. (c).
(c) 1. An employee or an appointing authority may appeal a decision issued by the administrator under par. (b) by filing an appeal with the commission. The employee or appointing authority may not file an appeal with the commission under this paragraph later than 14 days after receiving the administrator's decision. Within 10 days of receiving an appeal, the commission shall determine whether all procedural requirements were completed properly and in a timely manner. If a procedural requirement was not met by the employee or if the appointing authority's appeal under this paragraph was not made in a timely manner, the commission shall dismiss the appeal. If all of the procedural requirements were met, the commission shall hear the appeal under s. 230.44 (4), except that the commission shall issue a decision on the appeal no later than 120 days after the date the appeal is filed with the commission.
2. To ensure that the commission issues its decision no later than 120 days after an appeal is filed under this paragraph, all of the following apply to a hearing before the commission for an appeal under this paragraph:
a. The parties shall participate in a pre-hearing conference no later than 20 days after the filing of the appeal. The commission shall set the date of the hearing at the pre-hearing conference.
b. Discovery shall be completed no later than 60 days after the appeal is filed.
c. The commission shall rule on all motions no later than 30 days before the date of the hearing.
d. The commission may only grant an extension to a deadline provided in this subdivision for extraordinary circumstances. The commission may not grant an extension beyond the 120-day limit for issuing its decision.
e. Continuances of the hearing may be granted only in extraordinary circumstances, as determined by the commission.
150,91
Section
91. 321.65 (3) (g) of the statutes is amended to read:
321.65 (3) (g) Veterans preferences. The right of a person to reemployment under this subsection does not entitle the person to retention, preference, or displacement rights over any person who has a superior claim under s. 45.03 (4), 62.13 (4) (d), 63.08 (1) (f) or (fm), 63.37, 63.39 (2m), 66.0509 (1), 230.15 (2m), 230.16 (7) or (7m), 230.21 (1m), 230.25, or 230.275.
[
2015 Wisconsin Act 55] Section 9101 (5n) (a) In this subsection, "agency" means
the board of commissioners of public lands; the educational communications board; the department of financial institutions; the government accountability board; the higher educational aids board; the state historical society; the public service commission; the department of safety and professional services; the state fair park board; the department of tourism any agency within the executive branch of state government, other than the Board of Regents of the University of Wisconsin System and the technical college system board.
[
2015 Wisconsin Act 55] Section 9101 (5n) (b)
The By January 1, 2017, the department of administration shall consult with each agency and develop a plan for assuming responsibility for services relating to human resources
,. By January 1, 2017, the department of administration shall also consult with the board of commissioners of public lands, the educational communications board, the department of financial institutions, the government accountability board, the higher educational aids board, the state historical society, the public service commission, the department of safety and professional services, the state fair park board, and the department of tourism and develop a plan for assuming responsibility for services related to payroll, finance, budgeting, procurement, and information technology for
any agency these agencies. The department of administration shall include in
the each plan which services would be provided to each agency, which positions would be deleted or transferred, and the number and type of positions and associated funding that would be provided to the department of administration.
[
2015 Wisconsin Act 55] Section 9101 (5n) (c) The secretary of administration shall submit
a plan
plans developed under paragraph (b) to the joint committee on finance for approval under section 13.10 of the statutes no later than March 1,
2016 2017, for implementation beginning July 1,
2016 2017.
150,94
Section
94
.
Nonstatutory provisions.
(1) Study of certain aspects of the state civil service system. (a) The administrator of the division of personnel management in the department of administration and the director of the bureau of merit recruitment and selection in the department of administration shall jointly review all of the following:
1. The classifications for all positions in the classified service of the state service. In reviewing the classifications, they shall consider the feasibility of reducing the number of classifications, as well as establishing a new system of classification, in order to increase administrative efficiency and better meet the needs of the state civil service.
2. The Wisconsin Human Resources Handbook.
3. The compensation plan under section 230.12 (1) of the statutes.
4. The feasibility of requiring all agencies within the executive branch of state government, other than the Board of Regents of the University of Wisconsin, to use electronic personnel files.
5. The feasibility of requiring all agencies within the executive branch of state government, other than the Board of Regents of the University of Wisconsin, to use a uniform personnel evaluation system.
(b) The administrator and director shall submit their findings under paragraph (a) no later than January 1, 2017, to the governor
and to the chief clerk of each house of the legislature for distribution to the legislature under section 13.172 (2) of the statutes . The administrator shall also submit any requested changes to the compensation plan under section 230.12 (1) of the statutes that result from the joint review under paragraph (a) 3. to the joint committee on employment relations no later than January 1, 2017.
150,95
Section
95.
Initial applicability.
(1) Information about conviction record. The creation of section 230.16 (1) (ap) of the statutes first applies to an application for employment in the civil service submitted on the effective date of this subsection.
(2m) Hiring preferences for veterans and spouses of veterans. The treatment of section 230.25 (1g) of the statutes, the creation of section 230.25 (1m) (a) to (d) and (2) (am) of the statutes, and the renumbering and amendment of sections 230.16 (7) and 230.25 (1m) of the statutes first apply to a position that is posted on the effective date of this subsection.
(3) Mandatory review of personnel file. The creation of section 230.15 (7) of the statutes first applies to an offer of employment made on the effective date of this subsection.
(4) Probationary periods. The treatment of section 230.28 (1) (a), (am), and (c) of the statutes first applies to a probationary period that begins on the effective date of this subsection.
(5) Standards for adverse employment actions against employees. The treatment of section 230.34 (1) (a) and (am) of the statutes and the creation of section 230.34 (1) (a) 1. to 9. of the statutes first apply to employee discipline for conduct that occurs on the effective date of this subsection.
(6) Grievance process for adverse employment actions against employees. The treatment of section 230.44 (1) (c) of the statutes and the creation of section 230.445 of the statutes first apply to an adverse employment action, as defined in section 230.445 (1) (a) of the statutes, as created by this act, taken against an employee on the effective date of this subsection.
(7) Reinstatement privileges; separation from the classified service to fill an elective position. The treatment of section 230.40 (3) of the statutes first applies to a person who separates from the classified service on the effective date of this subsection.
150,96
Section
96.
Effective dates. This act takes effect on July 1, 2016, except as follows:
(1) Study of the state civil service system. Section 94 (1) of this act takes effect on the day after publication.
(2) Shared services plans. The treatment of
2015 Wisconsin Act 55, section
9101 (5n) (a), (b), and (c)
takes effect on the day after publication.
