Amendment AA1-AB373

LRBa0914/1

FFK:amn

2015 - 2016 LEGISLATURE

ASSEMBLY AMENDMENT 1, TO ASSEMBLY BILL 373

October 19, 2015 - Offered by Representative Steineke.

AB373-AA1,1,1 At the locations indicated, amend the bill as follows:

AB373-AA1,1,3 1. Page 7, line 17: delete "Notwithstanding s. 230.16 (7), persons Persons" and substitute "Notwithstanding s. 230.16 (7) par. (fm), persons".

AB373-AA1,1,7 2. Page 10, line 20: after "inferior." insert "The standards established under this subsection shall allow an appointing authority to accelerate progressive discipline if the inadequacy, unsuitability, or inferiority of the personal conduct or work performance for which an employee is being disciplined is severe.".

AB373-AA1,1,8 3. Page 11, line 5: after that line insert:

AB373-AA1,1,9 " Section 16m. 230.046 (2) of the statutes is amended to read:

AB373-AA1,2,5 230.046 (2) Supervisory training. After initial appointment to a supervisory position, each appointing authority shall ensure that each classified service supervisor successfully completes a supervisory development program. A waiver of any part of the probationary period under s. 230.28 (1) (c) may not be granted before completion of the development program. The program shall include such subjects as state personnel policies, grievance handling, discipline, performance evaluation, understanding the concerns of state employees with children, the supervisor's role in management and the concept of the total quality leadership process, including quality improvement through participatory management.".

AB373-AA1,2,6 4. Page 11, line 10: after that line insert:

AB373-AA1,2,7 " Section 17m. 230.05 (10) of the statutes is created to read:

AB373-AA1,2,9 230.05 (10) The director shall establish standards for what constitutes a serious violation of the code of ethics for purposes of s. 230.34 (1) (a) 9.".

AB373-AA1,2,12 5. Page 12, line 10: delete lines 10 and 11 and substitute "that shall supersede the provisions of the civil service and other applicable statutes and rules promulgated by the director and the administrator.".

AB373-AA1,2,13 6. Page 12, line 16: delete that line and substitute:

AB373-AA1,2,15 "230.13 (3) (b) The director administrator and the administrator director may provide any agency with".

AB373-AA1,2,16 7. Page 13, line 23: delete " resumes" and substitute "selection processes".

AB373-AA1,2,17 8. Page 14, line 11: delete "administrator" and substitute "director".

AB373-AA1,2,18 9. Page 14, line 22: delete lines 22 to 24 and substitute:

AB373-AA1,2,22 "230.16 (2) Competitive examinations The selection process for a position in the civil service shall be free and open to all applicants who have fulfilled the preliminary requirements stated in the examination position announcement. To assure that all".

AB373-AA1,3,2 10. Page 15, line 17: delete "administrator" and substitute "administrator director".

AB373-AA1,3,3 11. Page 21, line 6: delete lines 6 to 13 and substitute:

AB373-AA1,3,4 " Section 54m. 230.24 (2) of the statutes is amended to read:

AB373-AA1,3,12 230.24 (2) A vacancy in a career executive position may be filled through An appointing authority shall fill a vacancy in a career executive position using an open competitive examination, a competitive promotional examination or by restricting competition to employees in career executive positions in order to achieve and maintain a highly competent work force in career executive positions process, with due consideration given to affirmative action. The appointing authority shall consider the guidelines under s. 230.19 when deciding how to fill a vacancy under this paragraph.".

AB373-AA1,3,13 12. Page 22, line 3: delete lines 3 to 10 and substitute:

AB373-AA1,3,15 " Section 56m. 230.25 (1g) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB373-AA1,3,21 230.25 (1g) For every position to be filled by promotion from a promotional register, the director shall, after After certifying names under sub. (1), the director shall additionally certify the name names of the 3 highest ranked disabled veteran veterans whose disability is at least 70% percent and the 3 highest ranked individuals each of whom is the spouse of a disabled veteran whose disability is at least 70 percent.

AB373-AA1,57m Section 57m. 230.25 (1m) of the statutes is renumbered 230.25 (1m) (intro.) and amended to read:

AB373-AA1,4,7 230.25 (1m) (intro.) After certifying names under sub. (1), additional names the director shall be certified in rank order of those who with the combination of veterans preference points awarded under s. 230.16 (7) and examination score earn a total score equal to or higher than the lowest score of those certified on the basis of examination only. The number of veterans or spouses of veterans added to the list may not exceed the number of names certified under sub. (1). additionally certify the names of all of the following:

AB373-AA1,57p Section 57p. 230.25 (1m) (a) to (d) of the statutes are created to read:

AB373-AA1,4,9 230.25 (1m) (a) The 3 highest ranked veterans.

AB373-AA1,4,10 (b) The 3 highest ranked disabled veterans who are not certified under par. (a).

AB373-AA1,4,12 (c) The 3 highest ranked individuals each of whom is an unremarried spouse of a veteran who was killed in action.

AB373-AA1,4,14 (d) The 3 highest ranked individuals each of whom is an unremarried spouse of a veteran who died of a service-connected disability.".

AB373-AA1,4,16 13. Page 22, line 20: delete the material beginning with that line and ending with page 23, line 17, and substitute:

AB373-AA1,4,17 " Section 60m. 230.25 (2) (am) of the statutes is created to read:

AB373-AA1,4,21 230.25 (2) (am) If a veteran is included on a certification list and if the minimum qualifications and the skills, abilities, competencies, and knowledge of the veteran and any other applicant being interviewed for the position are equal, the appointing authority shall give a preference to the veteran for the position.".

AB373-AA1,4,23 14. Page 25, line 8: delete the material beginning with that line and ending with page 26, line 13, and substitute:

AB373-AA1,5,2 " Section 65m. 230.28 (1) (a) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB373-AA1,5,13 230.28 (1) (a) All original and all promotional appointments to permanent, sessional and seasonal positions, with the exception of those positions designated as supervisor or management under s. 111.81, in the classified service shall be for a probationary period of 6 months one year, but the director at the request of the appointing authority and in accordance with the rules related thereto may extend any such period for a maximum of 3 12 additional months. Dismissal may be made at any time during such periods. Upon such dismissal, the appointing authority shall report to the director and to the employee removed, the dismissal and the reason therefor. The director may remove an employee during the employee's probationary period if the director finds, after giving notice and an opportunity to be heard, that such employee was appointed as a result of fraud or error.

AB373-AA1,66m Section 66m. 230.28 (1) (am) of the statutes is amended to read:

AB373-AA1,5,24 230.28 (1) (am) All probationary periods for employees in supervisory or management positions are one year unless waived after 6 months under par. (c). The waiver under par. (c) may be exercised for an employee in a supervisory position only if the employee has successfully completed a supervisory development program under s. 230.046 (2), but the director at the request of the appointing authority may extend any such period for a maximum of 12 additional months. However, persons who transfer or are reinstated to supervisory or management positions consistent with conditions under sub. (4) and who had previously obtained permanent status in class in a supervisory or management position prior to the transfer or reinstatement shall serve a probationary period in accordance with sub. (4).

AB373-AA1,68m Section 68m. 230.28 (1) (c) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB373-AA1,6,5 230.28 (1) (c) Upon request by the appointing authority, the director may waive any portion of the a lengthened probationary period but in no case before a 6-month one-year probationary period has been served.".

AB373-AA1,6,6 15. Page 27, line 3: after that line insert:

AB373-AA1,6,8 " Section 72m. 230.32 (4) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB373-AA1,6,17 230.32 (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.".

AB373-AA1,6,18 16. Page 28, line 24: after that line insert:

AB373-AA1,6,19 " Section 75m. 230.34 (2) (intro.) of the statutes is amended to read:

AB373-AA1,7,2 230.34 (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.".