SB21-SSA1,3722
5Section
3722. 230.17 of the statutes is amended to read:
SB21-SSA1,1196,12
6230.17 Applicants and eligibles may be barred; bonds may be required. 7(1) The
administrator director shall provide by rule, the conditions, not otherwise
8provided by law, under which an applicant may be refused examination or
9reexamination, or an eligible refused certification. These conditions shall be based
10on sufficient reason and shall reflect sound technical personnel management
11practices and those standards of conduct, deportment and character necessary and
12demanded to the orderly, efficient and just operation of the state service.
SB21-SSA1,1197,2
13(2) If the
administrator director refuses to examine an applicant, or after an
14examination to certify an eligible, as provided in this section, the
administrator 15director, if requested by the applicant so rejected within 10 days of the date of receipt
16of the notice of rejection, shall give the applicant a full and explicit statement of the
17exact cause of such refusal to examine or to certify. Applicants may appeal to the
18commission the decision of the
administrator
director to refuse to examine or certify
19under s. 230.44 (1) (a). Upon request of an applicant or an eligible for a civil service
20position who has a disability, the department of health services shall obtain from the
21administrator director a detailed description of all duties entailed by such position
22and shall determine and report its findings to the
administrator director, as to the
23ability of the applicant, or eligible, to perform the duties of such position. Such
24findings shall be conclusive as to the qualifications of any applicant, or eligible, so
1examined. A notice of rejection shall notify an applicant or eligible of his or her rights
2under this subsection.
SB21-SSA1,1197,9
3(3) When any position to be filled involves fiduciary responsibility, the
4appointing authority shall conduct a criminal history background check before
5offering employment to an applicant for the position. If otherwise permitted by law,
6the appointing authority may require the appointee to furnish bond or other security,
7and shall notify the
administrator director of the amount and other details thereof.
8Any surety company authorized to do business in this state shall be a sufficient
9security on any such bond.
SB21-SSA1,3723
10Section
3723. 230.18 of the statutes is amended to read:
SB21-SSA1,1197,21
11230.18 Discrimination prohibited. No question in any form of application
12or in any examination may be so framed as to elicit information concerning the
13partisan political or religious opinions or affiliations of any applicant nor may any
14inquiry be made concerning such opinions or affiliations and all disclosures thereof
15shall be discountenanced except that the
administrator director may evaluate the
16competence and impartiality of applicants for positions such as clinical chaplain in
17a state institutional program. No discriminations may be exercised in the
18recruitment, application, examination or hiring process against or in favor of any
19person because of the person's political or religious opinions or affiliations or because
20of age, sex, disability, race, color, sexual orientation, national origin or ancestry
21except as otherwise provided.
SB21-SSA1,3724
22Section
3724. 230.19 (1) of the statutes is amended to read:
SB21-SSA1,1198,223
230.19
(1) The
administrator
director shall provide employees with reasonable
24opportunities for career advancement, within a classified service structure designed
1to achieve and maintain a highly competent work force, with due consideration given
2to affirmative action.
SB21-SSA1,3725
3Section
3725. 230.19 (2) of the statutes is amended to read:
SB21-SSA1,1198,144
230.19
(2) If, in the judgment of the
administrator director, the group of
5applicants best able to meet the requirements for vacancies in positions in the
6classified service are available within the classified service, the vacancies shall be
7filled by competition limited to persons in the classified service who are not employed
8under s. 230.26 or 230.27 and persons with the right of restoration resulting from
9layoff under s. 230.34 (2), unless it is necessary to go outside the classified service to
10be consistent with an approved affirmative action plan or program. The
11administrator director may also limit competition for promotion to the employees of
12an agency or an employing unit within an agency if the resulting group of applicants
13would fairly represent the proportion of members of racial and ethnic, gender or
14disabled groups in the relevant labor pool for the state.
SB21-SSA1,3726
15Section
3726. 230.21 (1) of the statutes is amended to read:
SB21-SSA1,1198,1816
230.21
(1) Subject to s. 230.275, the
administrator director may, to meet the
17needs of the service, establish separate recruitment, examination and certification
18procedures for filling positions in unskilled labor and service classes.
SB21-SSA1,3727
19Section
3727. 230.21 (1m) (a) (intro.) of the statutes is amended to read:
SB21-SSA1,1198,2320
230.21
(1m) (a) (intro.) If the
administrator director uses the method of random
21certification to determine which applicants for an unskilled labor or service position
22will receive further consideration for the position, the
administrator director shall
23do all of the following:
SB21-SSA1,3728
24Section
3728. 230.21 (1m) (b) of the statutes is amended to read:
SB21-SSA1,1199,9
1230.21
(1m) (b) If the
administrator director uses the method of random
2certification to determine which applicants for an unskilled labor or service position
3will receive further consideration for the position and the appointing authority does
4not select a veteran or a person the hiring of whom would serve affirmative action
5purposes, the appointing authority shall make and retain a written record of the
6appointing authority's reasons for selecting the person who was appointed. The
7appointing authority shall make the written records available to the
office division 8and annually submit a report to the
office division summarizing the reasons
9contained in the written records.
SB21-SSA1,3729
10Section
3729. 230.21 (2) of the statutes is amended to read:
SB21-SSA1,1199,1511
230.21
(2) The
administrator
director may designate classifications in which
12applicants are in critically short supply and may develop such recruitment,
13examination and certification processes as will provide agencies with prompt
14certification when qualified applicants can be found, provided that due notice has
15been given and proper competitive standards have been maintained.
SB21-SSA1,3730
16Section
3730. 230.21 (3) of the statutes is amended to read:
SB21-SSA1,1199,2217
230.21
(3) The
administrator
director shall designate classifications in prison
18industries in the department of corrections as critical positions requiring expeditious
19hiring and shall develop such recruitment, examination and certification processes
20as will provide the department with prompt certification when qualified applicants
21can be found, provided that due notice has been given and proper competitive
22standards have been maintained.
SB21-SSA1,3731
23Section
3731. 230.213 of the statutes is amended to read:
SB21-SSA1,1200,8
24230.213 Affirmative action procedures for corrections positions. The
25administrator director may, to meet affirmative action objectives, establish such
1recruitment, examination and certification procedures for positions in the
2department of corrections as will enable the department of corrections to increase the
3number of employees of a specified gender or a specified racial or ethnic group in
4those positions. The
administrator director shall design the procedures to obtain a
5work force in the department of corrections that reflects the relevant labor pool. The
6administrator director may determine the relevant labor pool from the population
7of the state or of a particular geographic area of the state, whichever is more
8appropriate for achieving the affirmative action objective.
SB21-SSA1,3732
9Section
3732. 230.215 (3) (a) of the statutes is amended to read:
SB21-SSA1,1200,1810
230.215
(3) (a) An agency may, with the approval of the
director administrator 11and with the approval of the secretary of administration under s. 16.50, restructure
12budgeted permanent positions as such positions become vacant or if an employee
13voluntarily requests a job-sharing or permanent part-time employment
14opportunity. No employee occupying a full-time permanent position may be
15involuntarily terminated, demoted, transferred or reassigned in order to restructure
16that position for permanent part-time employment and no such employee may be
17required to accept a permanent part-time position as a condition of continued
18employment.
SB21-SSA1,3733
19Section
3733. 230.215 (3) (b) of the statutes is amended to read:
SB21-SSA1,1200,2420
230.215
(3) (b) If the
director
administrator, upon review of the report
21submitted under sub. (4), determines that an agency's past or proposed actions
22relating to permanent part-time employment opportunities do not adequately
23reflect the policy under sub. (1) (e), the
director
administrator may recommend
24procedures designed to enable the agency to effect such policy.
SB21-SSA1,3734
25Section
3734. 230.215 (4) of the statutes is amended to read:
SB21-SSA1,1201,4
1230.215
(4) Reports. Each agency, in complying with s. 15.04 (1) (d), shall
2include a report on the progress or failure of the plans of such agency in achieving
3the policies stated under sub. (1) and shall submit a copy of such report to the
director 4administrator.
SB21-SSA1,3735
5Section
3735. 230.22 of the statutes is amended to read:
SB21-SSA1,1201,8
6230.22 Entry professional selection. (1) The
director administrator may
7establish by rule an entry professional class program for use in a wide range of entry
8professional positions.
SB21-SSA1,1201,12
9(2) In connection with this program the
director administrator may establish
10separate classifications and corresponding pay provisions to provide agencies an
11entry professional program, through which they can compete on campuses and in the
12labor market for the best available applicants.
SB21-SSA1,1201,17
13(3) Subject to s. 230.275, the
administrator director may establish separate
14recruitment, evaluation and certification procedures for certain entry professional
15positions. Vacancies in entry professional positions may be limited to persons with
16a degree from an institution of higher education, as defined in s. 108.02 (18), or a
17degree under an associate degree program, as defined in s. 38.01 (1).
SB21-SSA1,1201,21
18(4) The
administrator director may provide for cooperative programs leading
19to eligibility for permanent appointment in order to enable institutions of higher
20education and agencies to attract and train the highest caliber of undergraduate or
21graduate students for government employment.
SB21-SSA1,3736
22Section
3736. 230.24 (1) of the statutes is amended to read:
SB21-SSA1,1202,1023
230.24
(1) The
director administrator may by rule develop a career executive
24program that emphasizes excellence in administrative skills in order to provide
25agencies with a pool of highly qualified executive candidates, to provide outstanding
1administrative employees a broad opportunity for career advancement and to
2provide for the mobility of such employees among the agencies and units of state
3government for the most advantageous use of their managerial and administrative
4skills. To accomplish the purpose of this program, the
administrator director may
5provide policies and standards for recruitment, examination, probation,
6employment register control, certification, transfer, promotion and reemployment,
7and the director may provide policies and standards for classification and salary
8administration, separate from procedures established for other employment. The
9director administrator shall determine the positions which may be filled from career
10executive employment registers.
SB21-SSA1,3737
11Section
3737. 230.24 (1m) of the statutes is amended to read:
SB21-SSA1,1202,1512
230.24
(1m) The policy established by the
administrator director under sub.
13(1) that deals with probation shall provide the option of extending the probationary
14period for individuals with disabilities, as defined in s. 111.32 (8), who are employees
15in a manner consistent with s. 230.28 (1) (bm).
SB21-SSA1,3738
16Section
3738. 230.25 (1) of the statutes is amended to read:
SB21-SSA1,1203,317
230.25
(1) Appointing authorities shall give written notice to the
administrator 18director of any vacancy to be filled in any position in the classified service. The
19administrator director shall certify, under this subchapter and the rules of the
20administrator director, from the register of eligibles appropriate for the kind and
21type of employment, the grade and class in which the position is classified, any
22number of names at the head thereof. In determining the number of names to certify,
23the
administrator director shall use statistical methods and personnel management
24principles that are designed to maximize the number of certified names that are
25appropriate for filling the specific position vacancy. Up to 2 persons considered for
1appointment 3 times and not selected may be removed from the register for each 3
2appointments made. Certification under this subsection shall be made before
3granting any preference under s. 230.16 (7).
SB21-SSA1,3739
4Section
3739. 230.25 (1g) of the statutes is amended to read:
SB21-SSA1,1203,85
230.25
(1g) For every position to be filled by promotion from a promotional
6register, the
administrator director shall, after certifying names under sub. (1),
7additionally certify the name of the highest ranked disabled veteran whose disability
8is at least 70%.
SB21-SSA1,3740
9Section
3740. 230.25 (1n) (a) (intro.) of the statutes is amended to read:
SB21-SSA1,1203,1210
230.25
(1n) (a) (intro.) After certifying names under subs. (1), (1g) and (1m),
11the
administrator director may engage in expanded certification by doing one or
12more of the following:
SB21-SSA1,3741
13Section
3741. 230.25 (1n) (b) of the statutes is amended to read:
SB21-SSA1,1203,1814
230.25
(1n) (b) The
administrator
director may certify names under par. (a) 1.
15or 2. only if an agency requests expanded certification in order to comply with an
16approved affirmative action plan or program. The
administrator director may certify
17names under par. (a) 3. only if an agency requests expanded certification in order to
18hire persons with a disability.
SB21-SSA1,3742
19Section
3742. 230.25 (1p) of the statutes is amended to read:
SB21-SSA1,1204,320
230.25
(1p) If an appointing authority appoints a person certified under this
21section and the person is not a veteran, the spouse of a veteran or a person the hiring
22of whom would serve affirmative action purposes, the appointing authority shall
23make and retain a written record of the appointing authority's reasons for selecting
24the person who was appointed. The appointing authority shall make the written
25records available to the
office division and annually submit a report to the
office
1division summarizing the reasons contained in the written records. The
office 2division shall annually prepare a report summarizing, for each agency, the reasons
3contained in the records prepared by appointing authorities under this subsection.
SB21-SSA1,3743
4Section
3743. 230.25 (2) of the statutes is amended to read:
SB21-SSA1,1204,105
230.25
(2) (a) When certifying names to appointing authorities under this
6section, the
administrator director shall specify whether the certification includes
7qualifying veterans or persons the hiring of whom would serve affirmative action
8purposes, without divulging the names of those individuals. The
administrator 9director shall not disclose any applicant's test score, with or without the addition of
10veterans preference points under s. 230.16 (7), to the appointing authority.
SB21-SSA1,1204,2011
(b) Unless otherwise provided in this subchapter or the rules of the
12administrator director, appointments shall be made by appointing authorities to all
13positions in the classified service from among those certified to them in accordance
14with this section. Appointments shall be made within 60 days after the date of
15certification unless an exception is made by the
administrator director. If an
16appointing authority does not make an appointment within 60 days after
17certification, he or she shall immediately report in writing to the
administrator 18director the reasons therefor. If the
administrator director determines that the
19failure to make an appointment is not justified under the merit system, the
20administrator director shall issue an order directing that an appointment be made.
SB21-SSA1,3744
21Section
3744. 230.25 (3) (b) of the statutes is amended to read:
SB21-SSA1,1204,2522
230.25
(3) (b) The
administrator
director may allow a register to expire after
233 months, but only after considering the impact of such an action on the policy of this
24state to provide for equal employment opportunity and to take affirmative action, as
25specified in s. 230.01 (2).
SB21-SSA1,3745
1Section
3745. 230.25 (4) of the statutes is amended to read:
SB21-SSA1,1205,52
230.25
(4) (a) The
administrator
director may establish a new and separate
3register for a specific position or class only when in the
administrator's director's 4judgment there is no appropriate existing register from which appointments may be
5made.
SB21-SSA1,1205,86
(b) The
administrator director may establish separate registers for various
7geographic areas of the state if the needs of the service so require, provided proper
8publicity has been given of the intent to establish such registers.
SB21-SSA1,3746
9Section
3746. 230.25 (5) of the statutes is amended to read:
SB21-SSA1,1205,1710
230.25
(5) Notwithstanding sub. (2) (a), if an appointing authority elects to
11appoint a disabled veteran to a vacant position on a noncompetitive basis under s.
12230.275 and the appointing authority has requested a certification for the position,
13the
administrator director shall provide the appointing authority the names of all
14disabled veterans certified for appointment to the position and who satisfy the
15condition specified in s. 230.275 (1) (a) and the names of all such disabled veterans
16who are on any other employment register that is identified by the appointing
17authority.
SB21-SSA1,3747
18Section
3747. 230.26 (1) of the statutes is amended to read:
SB21-SSA1,1205,2119
230.26
(1) The
administrator
director may provide by rule for selection and
20appointment for limited term appointments, which are provisional appointments or
21appointments for less than 1,044 hours per year.
SB21-SSA1,3748
22Section
3748. 230.26 (1m) of the statutes is amended to read:
SB21-SSA1,1205,2523
230.26
(1m) An appointing authority may not appoint a person who is not a
24state resident to a limited term appointment unless approved by the
administrator 25director.
SB21-SSA1,3749
1Section
3749. 230.26 (2) of the statutes is amended to read:
SB21-SSA1,1206,142
230.26
(2) If there are urgent reasons for filling a vacancy in any position in
3the classified service and the
administrator
director is unable to certify to the
4appointing authority, upon requisition by the latter, a list of persons eligible for
5appointment from an appropriate employment register, the appointing authority
6may nominate a person to the
administrator director for noncompetitive
7examination. If the nominee is certified by the
administrator director as qualified,
8the nominee may be appointed provisionally to fill the vacancy until an appointment
9can be made from a register established after announcement of competition for the
10position, except that no provisional appointment may be continued for more than 45
11working days after the date of certification from the register. Successive
12appointments may not be made under this subsection. This subsection does not
13apply to a person appointed to a vacant position in the classified service under s.
14230.275.
SB21-SSA1,3750
15Section
3750. 230.26 (5) of the statutes is amended to read:
SB21-SSA1,1206,1916
230.26
(5) If the
administrator
director determines that an agency is not in
17compliance with the requirements of, or rules related to, sub. (1), (1m) or (2)
18regarding a particular employee, the
administrator
director shall direct the
19appointing authority to terminate the employee.
SB21-SSA1,3751
20Section
3751. 230.27 (1m) (b) of the statutes is amended to read:
SB21-SSA1,1206,2421
230.27
(1m) (b) The
administrator
director may waive the prohibition under
22par. (a) if there is a critical need for employees in a specific classification or position
23or a critical shortage of residents of this state possessing the skills or qualifications
24required for a position.
SB21-SSA1,3752
25Section
3752. 230.27 (2) of the statutes is amended to read:
SB21-SSA1,1207,2
1230.27
(2) Subject to s. 230.275, the
administrator director may provide by rule
2for the selection and appointment of a person to a project position.
SB21-SSA1,3753
3Section
3753. 230.27 (2k) of the statutes is amended to read:
SB21-SSA1,1207,124
230.27
(2k) If an appointing authority selects, for a project position, a person
5who is not a veteran or is not a person the hiring of whom would serve affirmative
6action purposes, the appointing authority shall make and retain a written record of
7the appointing authority's reasons for selecting the person who was appointed. The
8appointing authority shall make the written records available to the
office division 9and annually submit a report to the
office division summarizing the reasons
10contained in the written records. The
office
division shall annually prepare a report
11summarizing, for each agency, the information submitted by appointing authorities
12under this subsection.
SB21-SSA1,3754
13Section
3754. 230.275 (1) (d) of the statutes is amended to read:
SB21-SSA1,1207,1614
230.275
(1) (d) The appointing authority notifies the
administrator director in
15writing that the position is to be filled with a disabled veteran on a noncompetitive
16basis.
SB21-SSA1,3755
17Section
3755. 230.28 (1) (a) of the statutes is amended to read:
SB21-SSA1,1208,418
230.28
(1) (a) All original and all promotional appointments to permanent,
19sessional and seasonal positions, with the exception of those positions designated as
20supervisor or management under s. 111.81, in the classified service shall be for a
21probationary period of 6 months, but the
administrator director at the request of the
22appointing authority and in accordance with the rules related thereto may extend
23any such period for a maximum of 3 additional months. Dismissal may be made at
24any time during such periods. Upon such dismissal, the appointing authority shall
25report to the
administrator director and to the employee removed, the dismissal and
1the reason therefor. The
administrator
director may remove an employee during the
2employee's probationary period if the
administrator
director finds, after giving notice
3and an opportunity to be heard, that such employee was appointed as a result of
4fraud or error.
SB21-SSA1,3756
5Section
3756. 230.28 (1) (b) of the statutes is amended to read:
SB21-SSA1,1208,106
230.28
(1) (b) The
administrator
director may authorize a longer probationary
7period not to exceed 2 years for any administrative, technical or professional
8position, in order to provide the appointing authority assurance that the employee
9has had adequate exposure to the various responsibilities which are a part of the
10position or classification.
SB21-SSA1,3757
11Section
3757. 230.28 (1) (bm) (intro.) of the statutes is amended to read:
SB21-SSA1,1208,1612
230.28
(1) (bm) (intro.) At the request of an appointing authority and an
13employee, the
administrator director may authorize, at any time before the
14completion of the probationary period, an extended probationary period of up to one
15additional year for an individual with a disability, as defined in s. 111.32 (8), who is
16the employee to allow the employee to do any of the following:
SB21-SSA1,3758
17Section
3758. 230.28 (1) (c) of the statutes is amended to read:
SB21-SSA1,1208,2018
230.28
(1) (c) Upon request by the appointing authority, the
administrator 19director may waive any portion of the lengthened probationary period but in no case
20before a 6-month probationary period has been served.
SB21-SSA1,3759
21Section
3759. 230.28 (3) of the statutes is amended to read:
SB21-SSA1,1208,2522
230.28
(3) If an employee is removed from a position during the probationary
23period, and the
administrator director determines that the person is suitable for
24appointment to another position, the person's name may be restored to the list from
25which it was certified.
SB21-SSA1,3760
1Section
3760. 230.28 (4) of the statutes is amended to read:
SB21-SSA1,1209,102
230.28
(4) A person reinstated in an employing unit other than one in which
3the person previously served in permanent status in the class in which the person
4is being reinstated, an employee who transfers from one employing unit to another,
5an employee who moves to a different employing unit in conjunction with a voluntary
6demotion, and a person who had not obtained permanent status in class in a
7supervisory or management position prior to appointment to another supervisory or
8management position, may be required by the appointing authority to serve a
9probationary period. Provisions for the duration of such probationary period shall
10be provided in the rules of the
administrator
director.
SB21-SSA1,3761
11Section
3761. 230.29 of the statutes is amended to read:
SB21-SSA1,1209,13
12230.29 Transfers. A transfer may be made from one position to another only
13if specifically authorized by the
administrator
director.
SB21-SSA1,3762
14Section
3762. 230.30 (1) of the statutes is amended to read:
SB21-SSA1,1210,215
230.30
(1) Each agency shall constitute an employing unit for purposes of
16personnel transactions, except where appropriate functional, organizational or
17geographic breakdowns exist within the agency and except as provided in sub. (2).
18These breakdowns may constitute a separate employing unit for one or more types
19of personnel transactions under an overall employing unit plan if requested by the
20appointing authority of that agency and approved by the
administrator director. If
21the
administrator director determines, after conferring with the appointing
22authority of the employing agency, that an employing unit is or has become
23inappropriate to carry out sound personnel management practices due to factors
24including, but not limited to, the size or isolated location of portions of the employing
1unit, the
administrator director may revise the employing unit structure of the
2agency to effect the remedy required.