Amendment SSA1-SB44

SB44-SSA1,897,23 230.27 (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.

SB44-SSA1, s. 2413s Section 2413s. 230.32 (3) of the statutes is amended to read:

SB44-SSA1,898,5 230.32 (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.

SB44-SSA1,898,14 (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.

SB44-SSA1,898,17 (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.

SB44-SSA1, s. 2413t Section 2413t. 230.33 (2) of the statutes is amended to read:

SB44-SSA1,899,2 230.33 (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).

SB44-SSA1, s. 2416b Section 2416b. 230.34 (1) (c) of the statutes is amended to read:

SB44-SSA1,899,5 230.34 (1) (c) The secretary director shall establish guidelines for uniform application of this authority among the various agencies.

SB44-SSA1, s. 2416d Section 2416d. 230.34 (4) of the statutes is amended to read:

SB44-SSA1,899,7 230.34 (4) Resignations shall be regulated by the rules of the secretary director.

SB44-SSA1, s. 2416f Section 2416f. 230.35 (1) (d) of the statutes is amended to read:

SB44-SSA1,899,14 230.35 (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.

SB44-SSA1, s. 2416h Section 2416h. 230.35 (2) of the statutes is amended to read:

SB44-SSA1,900,2 230.35 (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.

SB44-SSA1, s. 2416j Section 2416j. 230.35 (2r) (b) of the statutes is amended to read:

SB44-SSA1,900,9 230.35 (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.

SB44-SSA1, s. 2416L Section 2416L. 230.35 (3) (d) of the statutes is amended to read:

SB44-SSA1,900,14 230.35 (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.

SB44-SSA1, s. 2416m Section 2416m. 230.35 (3) (e) 2. e. of the statutes is amended to read:

SB44-SSA1,900,17 230.35 (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.

SB44-SSA1, s. 2416n Section 2416n. 230.35 (3) (e) 5. of the statutes is amended to read:

SB44-SSA1,900,20 230.35 (3) (e) 5. The secretary director may promulgate any rules necessary to implement this paragraph.

SB44-SSA1, s. 2416p Section 2416p. 230.35 (5) (b) of the statutes is amended to read:

SB44-SSA1,901,2 230.35 (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.

SB44-SSA1, s. 2416r Section 2416r. 230.37 (1) of the statutes is amended to read:

SB44-SSA1,901,9 230.37 (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.

SB44-SSA1, s. 2416t Section 2416t. 230.43 (5) of the statutes is amended to read:

SB44-SSA1,901,19 230.43 (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.

SB44-SSA1, s. 2416v Section 2416v. 230.44 (1) (b) of the statutes is amended to read:

SB44-SSA1,901,24 230.44 (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).

SB44-SSA1, s. 2417m Section 2417m. 230.44 (1) (dm) of the statutes is amended to read:

SB44-SSA1,902,4 230.44 (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.

SB44-SSA1, s. 2417s Section 2417s. 230.44 (4) (bm) of the statutes is amended to read:

SB44-SSA1,902,20 230.44 (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).

SB44-SSA1, s. 2418 Section 2418. 230.45 (title) of the statutes is amended to read:

SB44-SSA1,902,23 230.45 (title) Powers and duties of personnel commission and division of equal rights.

SB44-SSA1, s. 2419 Section 2419. 230.45 (1) (b) of the statutes is repealed.

SB44-SSA1, s. 2420 Section 2420. 230.45 (1) (e) of the statutes is amended to read:

SB44-SSA1,903,2 230.45 (1) (e) Hear appeals, when authorized under county merit system rules under s. 49.33 49.78 (4), from any interested party.

SB44-SSA1, s. 2421 Section 2421. 230.45 (1) (g) of the statutes is repealed.

SB44-SSA1, s. 2422 Section 2422. 230.45 (1) (gm) of the statutes is repealed.

SB44-SSA1, s. 2422g Section 2422g. 230.45 (1) (h) of the statutes is amended to read:

SB44-SSA1,903,9 230.45 (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.

SB44-SSA1, s. 2422r Section 2422r. 230.45 (1) (i) of the statutes is amended to read:

SB44-SSA1,903,13 230.45 (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.

SB44-SSA1, s. 2423 Section 2423. 230.45 (1) (j) of the statutes is repealed.

SB44-SSA1, s. 2424 Section 2424. 230.45 (1) (k) of the statutes is repealed.

SB44-SSA1, s. 2425 Section 2425. 230.45 (1) (L) of the statutes is repealed.

SB44-SSA1, s. 2426 Section 2426. 230.45 (1) (m) of the statutes is repealed.

SB44-SSA1, s. 2427 Section 2427. 230.45 (1e) of the statutes is created to read:

SB44-SSA1,903,19 230.45 (1e) The division of equal rights shall:

SB44-SSA1,904,5 (a) Receive and process complaints of discrimination of state employees under s. 111.375. In the course of investigating or otherwise processing such a complaint, the division of equal rights may require that an interview with any state employee, except a management or supervisory employee who is a party to or immediately involved in the subject matter of the complaint, be conducted outside the presence of the appointing authority or any representative or agent thereof unless the employee voluntarily requests that presence. An appointing authority shall permit an employee to be interviewed without loss of pay and to have an employee representative present at the interview. An appointing authority of an employee to be interviewed may require the division of equal rights to give the appointing authority reasonable notice prior to the interview.

SB44-SSA1,904,7 (b) Receive and process complaints of retaliatory disciplinary action under s. 230.85.

SB44-SSA1,904,11 (c) Keep minutes of its own proceedings and other official actions relating to this chapter. All such records shall, subject to reasonable rules, be open to public inspection. Records of the director or the administrator which are confidential shall be kept confidential by the division of equal rights.

SB44-SSA1,904,14 (d) Adopt rules necessary to carry out this section. Notice of the contents of such rules and amendments thereto shall be given promptly to the director, the administrator, and appointing authorities affected thereby.

SB44-SSA1, s. 2427g Section 2427g. 230.46 of the statutes is amended to read:

SB44-SSA1,904,25 230.46 Duties of council on affirmative action. The council on affirmative action in the department office shall serve in a direct advisory capacity to the secretary director and as part of that relationship shall evaluate the progress of affirmative action programs throughout the civil service system, seek compliance with state and federal regulations and recommend improvements in the state's affirmative action efforts as an employer. In carrying out its responsibilities, the council may recommend legislation, consult with agency personnel and other interested persons, conduct hearings and take other appropriate action to promote affirmative action. The council shall report at least once per year to the governor and the legislature.

SB44-SSA1, s. 2427r Section 2427r. 230.48 (2) of the statutes is amended to read:

SB44-SSA1,905,7 230.48 (2) Personnel, facilities and equipment. The department office shall appoint, under the classified service, a secretary and such other employees as are necessary to carry out the duties of the state employees suggestion board, and shall provide such facilities and equipment as that board requires for the proper performance of its work. The state employees suggestion board may request and shall receive from any state department any assistance that it requires.

SB44-SSA1, s. 2428 Section 2428. 230.81 (1) (b) of the statutes is amended to read:

SB44-SSA1,905,16 230.81 (1) (b) After asking the commission division of equal rights which governmental unit is appropriate to receive the information, disclose the information in writing only to the governmental unit that the commission division of equal rights determines is appropriate. The commission division of equal rights may not designate the department of justice, the courts, the legislature or a service agency under subch. IV of ch. 13 as an appropriate governmental unit to receive information. Each appropriate governmental unit shall designate an employee to receive information under this section.

SB44-SSA1, s. 2429 Section 2429. 230.85 (1) of the statutes is amended to read:

SB44-SSA1,905,24 230.85 (1) An employee who believes that a supervisor or appointing authority has initiated or administered, or threatened to initiate or administer, a retaliatory action against that employee in violation of s. 230.83 may file a written complaint with the commission division of equal rights, specifying the nature of the retaliatory action or threat thereof and requesting relief, within 60 days after the retaliatory action allegedly occurred or was threatened or after the employee learned of the retaliatory action or threat thereof, whichever occurs last.

SB44-SSA1, s. 2430 Section 2430. 230.85 (2) of the statutes is amended to read:

SB44-SSA1,907,2 230.85 (2) The commission division of equal rights shall receive and, except as provided in s. 230.45 (1m), investigate any complaint under sub. (1). In the course of investigating or otherwise processing such a complaint, the commission division of equal rights may require that an interview with any employee described in s. 230.80 (3), except a management or supervisory employee who is a party to or is immediately involved in the subject matter of the complaint, be conducted outside the presence of the appointing authority or any representative or agent thereof unless the employee voluntarily requests that presence. An appointing authority shall permit an employee to be interviewed without loss of pay and to have an employee representative present at the interview. An appointing authority of an employee to be interviewed may require the commission division of equal rights to give the appointing authority reasonable notice prior to the interview. If the commission division of equal rights finds probable cause to believe that a retaliatory action has occurred or was threatened, it may endeavor to remedy the problem through conference, conciliation or persuasion. If that endeavor is not successful, the commission division of equal rights shall issue and serve a written notice of hearing, specifying the nature of the retaliatory action which has occurred or was threatened, and requiring the person named, in this section called the "respondent", to answer the complaint at a hearing. The notice shall specify the place of hearing and a time of hearing not less than 30 days after service of the complaint upon the respondent nor less than 10 days after service of the notice of hearing. If, however, the commission division of equal rights determines that an emergency exists with respect to a complaint, the notice of hearing may specify a time of hearing within 30 days after service of the complaint upon the respondent, but not less than 10 days after service of the notice of hearing. The testimony at the hearing shall be recorded or taken down by a reporter appointed by the commission division of equal rights.

SB44-SSA1, s. 2431 Section 2431. 230.85 (3) (a) (intro.) of the statutes is amended to read:

SB44-SSA1,907,11 230.85 (3) (a) (intro.) After hearing, the commission division of equal rights shall make written findings and orders. If the commission division of equal rights finds that the respondent engaged in or threatened a retaliatory action, it shall order the employee's appointing authority to insert a copy of the findings and orders into the employee's personnel file and, if the respondent is a natural person, order the respondent's appointing authority to insert such a copy into the respondent's personnel file. In addition, the commission division of equal rights may take any other appropriate action, including but not limited to the following:

SB44-SSA1, s. 2432 Section 2432. 230.85 (3) (a) 4. of the statutes is amended to read:

SB44-SSA1,907,16 230.85 (3) (a) 4. Order payment of the employee's reasonable attorney fees by a governmental unit respondent, or by a governmental unit employing a respondent who is a natural person if that governmental unit received notice and an opportunity to participate in proceedings before the commission division of equal rights.

SB44-SSA1, s. 2433 Section 2433. 230.85 (3) (b) of the statutes is amended to read:

SB44-SSA1,908,5 230.85 (3) (b) If, after hearing, the commission division of equal rights finds that the respondent did not engage in or threaten a retaliatory action it shall order the complaint dismissed. The commission division of equal rights shall order the employee's appointing authority to insert a copy of the findings and orders into the employee's personnel file and, if the respondent is a natural person, order the respondent's appointing authority to insert such a copy into the respondent's personnel file. If the commission division of equal rights finds by unanimous vote that the employee filed a frivolous complaint it may order payment of the respondent's reasonable actual attorney fees and actual costs. Payment may be assessed against either the employee or the employee's attorney, or assessed so that the employee and the employee's attorney each pay a portion. To find a complaint frivolous the commission division of equal rights must find that either s. 814.025 (3) (a) or (b) applies or that both s. 814.025 (3) (a) and (b) apply.

SB44-SSA1, s. 2434 Section 2434. 230.85 (3) (c) of the statutes is amended to read:

SB44-SSA1,908,9 230.85 (3) (c) Pending final determination by the commission division of equal rights of any complaint under this section, the commission division of equal rights may make interlocutory orders.

SB44-SSA1, s. 2435 Section 2435. 230.85 (4) of the statutes is amended to read:

SB44-SSA1,908,13 230.85 (4) The commission division of equal rights shall serve a certified copy of the findings and order on the respondent and, if the respondent is a natural person, upon the respondent's appointing authority.

SB44-SSA1, s. 2436 Section 2436. 230.85 (5) (a) of the statutes is amended to read:

SB44-SSA1,908,19 230.85 (5) (a) If a respondent does not comply with any lawful order by the commission division of equal rights, for each such failure the respondent shall forfeit a sum of not less than $10 nor more than $100. Every day during which a respondent fails to comply with any order of the commission division of equal rights constitutes a separate violation of that order.

SB44-SSA1, s. 2437 Section 2437. 230.85 (5) (b) of the statutes is amended to read:

SB44-SSA1,908,22 230.85 (5) (b) As an alternative to par. (a), the commission division of equal rights may enforce an order by a suit in equity.

SB44-SSA1, s. 2438 Section 2438. 230.87 (1) of the statutes is amended to read:

SB44-SSA1,909,6 230.87 (1) Findings and orders of the commission division of equal rights under this subchapter are subject to judicial review under ch. 227. Upon that review, or in any enforcement action, the department of justice shall represent the commission division of equal rights unless a conflict of interest results from that representation. A court may order payment of a prevailing appellant employee's reasonable attorney fees by a governmental unit respondent, or by a governmental unit employing a respondent who is a natural person if that governmental unit received notice and an opportunity to appear before the court.

SB44-SSA1, s. 2439 Section 2439. 230.88 (2) of the statutes is amended to read:

SB44-SSA1,909,12 230.88 (2) Effect. (a) A final order issued under s. 230.85 or 230.87 which has not been appealed and for which the time of appeal has passed binds all parties who were subjected to the jurisdiction of the commission division of equal rights or the court and who received an opportunity to be heard. With respect to these parties, the decree is conclusive as to all issues of law and fact decided.

SB44-SSA1,909,21 (b) No collective bargaining agreement supersedes the rights of an employee under this subchapter. However, nothing in this subchapter affects any right of an employee to pursue a grievance procedure under a collective bargaining agreement under subch. V of ch. 111, and if the commission division of equal rights determines that a grievance arising under such a collective bargaining agreement involves the same parties and matters as a complaint under s. 230.85, it shall order the arbitrator's final award on the merits conclusive as to the rights of the parties to the complaint, on those matters determined in the arbitration which were at issue and upon which the determination necessarily depended.

SB44-SSA1,910,7 (c) No later than 10 days before the specified time of hearing under s. 230.85 (2), an employee shall notify the commission division of equal rights orally or in writing if he or she has commenced or will commence an action in a court of record alleging matters prohibited under s. 230.83 (1). If the employee does not substantially comply with this requirement, the commission division of equal rights may assess against the employee any costs attributable to the failure to notify. Failure to notify the commission division of equal rights does not affect a court's jurisdiction to proceed with the action. Upon commencement of such an action in a court of record, the commission division of equal rights has no jurisdiction to process a complaint filed under s. 230.85 except to dismiss the complaint and, if appropriate, to assess costs under this paragraph.

SB44-SSA1, s. 2440 Section 2440. 230.89 of the statutes is amended to read:

SB44-SSA1,910,10 230.89 Rule making and reporting. (1) The commission division of equal rights shall promulgate rules to carry out its responsibilities under this subchapter.

SB44-SSA1,910,16 (2) Every 2 years, the commission division of equal rights shall submit a report to the chief clerk of each house of the legislature, for distribution to the appropriate standing committees under s. 13.172 (3), regarding complaints filed, hearings held and actions taken under this subchapter, including the dollar amount of any monetary settlement or final monetary award which has become binding on the parties.