Amendment SSA1-SB285

Analysis by the Legislative Reference Bureau

This substitute amendment differs from 2015 Senate Bill 285 (the bill) as follows:

1. This substitute amendment removes the provision in the bill that prohibits the director of the Bureau of Merit Recruitment and Selection (bureau) in the Division of Personnel Management (DPM) in the Department of Administration (DOA) from asking an applicant on an application, or otherwise, to supply information about the applicant's conviction record before the applicant is certified for a position.

2. This substitute amendment changes the general probationary period for all original and promotional appointments to permanent and seasonal positions in the classified service and the probationary period for employees in supervisory or management positions to one year with a possible extension of up to 12 additional months.

3. This substitute amendment eliminates the requirement under current law that certain probationary and limited term employees must be terminated before permanent classified employees may be laid off.

4. This substitute amendment requires the director of the bureau to establish standards for what constitutes a serious violation of the code of ethics for the purpose of determining whether it is just cause to take an adverse employment action against an employee without imposing progressive discipline.

5. This substitute amendment requires the standards for progressive discipline plans established by the administrator of DPM to allow an appointing authority to accelerate progressive discipline in certain circumstances.

6. This substitute amendment provides a preference for veterans and certain spouses of veterans in the civil service hiring process by requiring the director of the bureau to add a certain number of veterans and spouses of veterans to a certification list for a classified position. This preference replaces the requirement in the bill that an appointing authority offer an interview to a veteran or spouse of a veteran who is included on a certification list for a classified position.

7. Under this substitute amendment, the DOA secretary is not required to develop a plan to assume responsibility for services related to human resources for the technical college system board.

8. This substitute amendment requires the DOA secretary to submit plans for assuming responsibility for services related to human resources for agencies in the executive branch and for assuming responsibility for payroll services, finance services, budget and procurement functions, and information technology services for certain state agencies and boards to the Joint Committee on Finance by March 1, 2017, for implementation beginning July 1, 2017. Under current law, the DOA secretary is required to submit a plan for assuming responsibility for services related to human resources, payroll services, finance services, budget and procurement functions, and information technology services for certain state agencies and boards to the Joint Committee on Finance by March 1, 2016, for implementation beginning July 1, 2016.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB285-SSA1,1 Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

SB285-SSA1,2 Section 2. 20.865 (1) (dm) of the statutes is created to read:

SB285-SSA1,3,7 20.865 (1) (dm) Discretionary merit compensation program. The amounts in the schedule to supplement the appropriations to state agencies for the cost of discretionary merit compensation awards approved by the division of personnel management in the department of administration under s. 20.928 (1f).

SB285-SSA1,3 Section 3. 20.928 (1f) of the statutes is created to read:

SB285-SSA1,4,10 20.928 (1f) Each state agency head shall certify to the administrator of the division of personnel management in the department of administration, at such time and in such manner as the administrator prescribes, the sum of money needed from the appropriations under s. 20.865 (1) (dm) for the state agency to make lump sum discretionary merit compensation awards to its classified employees. Upon receipt of the certifications together with such additional information as the administrator prescribes, the administrator shall determine the amounts required from the appropriation to supplement state agency budgets. The administrator may not approve an agency request for money from the appropriation under s. 20.865 (1) (dm) for a discretionary merit award that increases an employee's base compensation.

SB285-SSA1,4 Section 4. 62.13 (4) (d) of the statutes is amended to read:

SB285-SSA1,4,23 62.13 (4) (d) The examination shall be free for all U.S. citizens over 18 and under 55 years of age, with proper limitations as to health and, subject to ss. 111.321, 111.322, and 111.335, arrest and conviction record. The examination, including minimum training and experience requirements, shall be job-related in compliance with appropriate validation standards and shall be subject to the approval of the board and may include tests of manual skill and physical strength. All relevant experience, whether paid or unpaid, shall satisfy experience requirements. The board shall control examinations and may designate and change examiners, who may or may not be otherwise in the official service of the city, and whose compensation shall be fixed by the board and paid by the city. Veterans and their spouses shall be given preference points in accordance with s. 230.16 (7) 63.08 (1) (fm).

SB285-SSA1,5 Section 5. 63.08 (1) (f) 1. of the statutes is amended to read:

SB285-SSA1,5,4 63.08 (1) (f) 1. The commission may not impose any restriction as to age on any veteran who is applying or eligible for a position under this section. The commission shall give preference points to veterans and their spouses under s. 230.16 (7) par. (fm), except as provided under subd. 2.

SB285-SSA1,6 Section 6. 63.08 (1) (f) 2. of the statutes is amended to read:

SB285-SSA1,5,8 63.08 (1) (f) 2. Notwithstanding s. 230.16 (7) par. (fm), persons shall be certified from the eligible list under s. 63.05 (1) (b) without adding any preference points to any person's grade.

SB285-SSA1,7 Section 7. 63.08 (1) (f) 3. of the statutes is amended to read:

SB285-SSA1,5,15 63.08 (1) (f) 3. After the certification under subd. 2., any veteran or veteran's spouse whose grade, plus the points to which the veteran or spouse is entitled under s. 230.16 (7) par. (fm), is equal to or higher than the lowest grade on the list made under subd. 2. shall be added to the certification list under s. 63.05 (1) (b). The number of persons added to a certification list under this subdivision may not exceed the number of persons initially certified under subd. 2.

SB285-SSA1,8 Section 8. 63.37 of the statutes is amended to read:

SB285-SSA1,6,2 63.37 Board to keep a register of eligibles. From the returns or reports of the examiners, or from the examinations made by the board, the board shall prepare and keep a register for each grade or class of position in the service of such city, of the persons whose general average standing upon examinations for such grade or class is not less than the minimum fixed by the rules of such board, and who are otherwise eligible, and such persons shall take rank upon the register as candidates in the order of their relative excellence as determined by examination without reference to priority of time of examination. The board shall impose no restrictions as to age in case of veterans, and veterans and their spouses shall be given preference points in accordance with s. 230.16 (7) 63.08 (1) (fm).

SB285-SSA1,9 Section 9. 63.39 (2m) of the statutes is amended to read:

SB285-SSA1,6,9 63.39 (2m) Notwithstanding s. 230.16 (7) 63.08 (1) (fm), the board shall certify persons from the list of eligibles without adding preference points to their grades. After the certification under sub. (1) or (2), the board shall add to the certification list any veteran or veteran's spouse whose grade, plus the points to which the veteran or spouse is entitled under s. 230.16 (7) 63.08 (1) (fm), is equal to or higher than the lowest grade on the list of eligibles.

SB285-SSA1,10 Section 10. 66.0509 (1) of the statutes is amended to read:

SB285-SSA1,6,23 66.0509 (1) Any city or village may proceed under s. 61.34 (1), 62.11 (5) or 66.0101 to establish a civil service system of selection, tenure and status, and the system may be made applicable to all municipal personnel except the chief executive and members of the governing body, members of boards and commissions including election officials, employees subject to s. 62.13, members of the judiciary and supervisors. Any town may establish a civil service system under this subsection. For veterans there shall be no restrictions as to age, and veterans and their spouses shall be given preference points in accordance with s. 230.16 (7) 63.08 (1) (fm). The system may also include uniform provisions in respect to attendance, leave regulations, compensation and payrolls for all personnel included in the system. The governing body of any city, village or town establishing a civil service system under this section may exempt from the system the librarians and assistants subject to s. 43.09 (1).

SB285-SSA1,11 Section 11. 230.01 (2) of the statutes is renumbered 230.01 (2) (a) and amended to read:

SB285-SSA1,7,4 230.01 (2) (a) It is the policy of the state and the responsibility of the director and the administrator to maintain a system of personnel management which fills positions in the classified service through methods which apply the merit principle, with adequate civil service safeguards.

SB285-SSA1,7,10 (b) It is the policy of this state to provide for equal employment opportunity by ensuring that all personnel actions including hire, tenure or term, and condition or privilege of employment be based on the ability to perform the duties and responsibilities assigned to the particular position without regard to age, race, creed or religion, color, disability, sex, national origin, ancestry, sexual orientation, or political affiliation.

SB285-SSA1,7,12 (c) It is the policy of this state to take affirmative action which is not in conflict with other provisions of this chapter.

SB285-SSA1,7,14 (d) It is the policy of the state to ensure its employees opportunities for satisfying careers and fair treatment based on the value of each employee's services.

SB285-SSA1,7,17 (e) It is the policy of this state to encourage disclosure of information under subch. III and to ensure that any employee employed by a governmental unit is protected from retaliatory action for disclosing information under subch. III.

SB285-SSA1,7,19 (f) It is the policy of this state to correct pay inequities based on gender or race in the state civil service system.

SB285-SSA1,12 Section 12. 230.01 (2) (bm) of the statutes is created to read:

SB285-SSA1,7,24 230.01 (2) (bm) It is the policy of this state to recruit, select, and promote employees based on their relative skills, abilities, competencies, and knowledge, including using open processes to consider qualified applicants for initial employment.

SB285-SSA1,13 Section 13. 230.01 (2) (bp) of the statutes is created to read:

SB285-SSA1,8,4 230.01 (2) (bp) It is the policy of this state to retain employees on the basis of the adequacy of their performance, to correct inadequate performance when possible and appropriate, and to separate from state service employees whose performance and personal conduct is inadequate, unsuitable, or inferior.

SB285-SSA1,14 Section 14. 230.04 (13m) of the statutes is created to read:

SB285-SSA1,8,13 230.04 (13m) The administrator shall establish standards for progressive discipline plans to be prepared by all agencies and applied to all employees in the classified service. The standards shall address progressive discipline for personal conduct and work performance that is inadequate, unsuitable, or inferior. 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.

SB285-SSA1,15 Section 15. 230.04 (14) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB285-SSA1,8,18 230.04 (14) The Except as provided in s. 230.445, the administrator shall establish, by rule, the scope and minimum requirements of a state employee grievance procedure relating to conditions of employment.

SB285-SSA1,16 Section 16. 230.04 (19) of the statutes is created to read:

SB285-SSA1,8,23 230.04 (19) The administrator shall develop and implement a discretionary merit award program to distribute money under s. 20.928 (1f) to agencies for the purpose of providing lump sum monetary awards to classified employees whose job performance has exceeded agency expectations.

SB285-SSA1,17 Section 17. 230.046 (2) of the statutes is amended to read:

SB285-SSA1,9,9 230.046 (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.

SB285-SSA1,18 Section 18. 230.05 (7) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB285-SSA1,9,14 230.05 (7) The director shall use techniques and procedures designed to certify eligible applicants to any vacant permanent position within 45 30 days after the filing of an appropriate request by an appointing authority.

SB285-SSA1,19 Section 19. 230.05 (10) of the statutes is created to read:

SB285-SSA1,9,17 230.05 (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.

SB285-SSA1,20 Section 20. 230.06 (1) (m) of the statutes is created to read:

SB285-SSA1,9,20 230.06 (1) (m) Prepare a progressive discipline plan which complies with the standards established by the administrator under s. 230.04 (13m).

SB285-SSA1,21 Section 21. 230.06 (4) of the statutes is created to read:

SB285-SSA1,9,25 230.06 (4) An appointing authority shall maintain permanently an employee's disciplinary records in the employee's personnel file. Unless otherwise ordered by a court or, during the grievance process under s. 230.445, by the appointing authority, administrator, or commission, or unless otherwise agreed to in a settlement agreement, disciplinary records may not be removed from an employee's personnel file.

SB285-SSA1,22 Section 22. 230.08 (2) (c) of the statutes is amended to read:

SB285-SSA1,10,13 230.08 (2) (c) The director, associate director , and state historian of the historical society; and, with the approval of the board of curators and the administrator, such number of specialists as are required by the society for specific research, writing, collecting, or editing projects which for a limited period of time not to exceed 2 years, renewable at the discretion of the board of curators and the administrator for an additional 2-year period, require persons with particular training or experience in a specialized phase or field of history, historical research, writing, collecting, or editing, and any persons whose entire salary is paid from funds reappropriated to the society by s. 20.245 (1) (r) where a competitive examination process is impractical.

SB285-SSA1,23 Section 23. 230.12 (1) (h) of the statutes is amended to read:

SB285-SSA1,10,18 230.12 (1) (h) Other pay, benefits, and working conditions. The compensation plan may include other provisions relating to pay, benefits, and working conditions that shall supersede the provisions of the civil service and other applicable statutes and rules promulgated by the director and the administrator.

SB285-SSA1,24 Section 24. 230.13 (1) (a) of the statutes is amended to read:

SB285-SSA1,10,21 230.13 (1) (a) Examination scores and ranks and other evaluations Evaluations of applicants, including any examination scores and rankings.

SB285-SSA1,25 Section 25. 230.13 (3) (b) of the statutes is amended to read:

SB285-SSA1,11,2 230.13 (3) (b) The director administrator and the administrator director may provide any agency with personnel information relating to the hiring and recruitment process, including specifically the examination scores and ranks and other evaluations of applicants.

SB285-SSA1,26 Section 26. 230.13 (3) (c) of the statutes is created to read:

SB285-SSA1,11,6 230.13 (3) (c) The administrator and the director shall provide an appointing authority with access to the personnel files of any individual who currently holds a position whom the appointing authority intends to make an offer of employment.

SB285-SSA1,27 Section 27. 230.15 (1) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB285-SSA1,11,14 230.15 (1) Subject to the restriction under s. 230.143, appointments to, and promotions in, the classified service shall be made only according to merit and fitness, which shall be ascertained so far as practicable by competitive examination procedures. The director may waive competitive examination procedures for appointments made under subs. (1m) and (2) and shall waive competitive examination procedures for appointments made under sub. (2m).

SB285-SSA1,28 Section 28. 230.15 (1m) (c) 1. of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB285-SSA1,11,20 230.15 (1m) (c) 1. Whenever a position is included in the classified service under par. (a), the director may waive the requirement for competitive examination procedures under sub. (1) with respect to the position and certify the incumbent employee for appointment to the position in accordance with subd. 2.

SB285-SSA1,29 Section 29. 230.15 (6) of the statutes is created to read:

SB285-SSA1,11,25 230.15 (6) Annually, each appointing authority shall submit a report to the director and the administrator indicating the number of days it took to make an offer of employment for a vacant position after receiving from the director a list of names of individuals who are certified for appointment to the position.

SB285-SSA1,30 Section 30. 230.15 (7) of the statutes is created to read:

SB285-SSA1,12,4 230.15 (7) An appointing authority may not make an offer of employment to any individual who currently holds a position unless the appointing authority has reviewed the personnel file of the individual.

SB285-SSA1,31 Section 31. 230.16 (title) of the statutes is amended to read:

SB285-SSA1,12,6 230.16 (title) Applications and examinations selection processes .

SB285-SSA1,32 Section 32. 230.16 (1) (a) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB285-SSA1,12,12 230.16 (1) (a) The director shall require persons applying for admission to any examination under this subchapter or under the rules of the director a position in the classified service to file an application and resume with the bureau a reasonable time prior to the proposed examination.

SB285-SSA1,33 Section 33. 230.16 (2) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB285-SSA1,12,21 230.16 (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 applicants have a fair opportunity to compete, examinations competitive procedures shall be held at such times and places as, in the judgment of the director, scheduled in a manner that most nearly meet the convenience of applicants and needs of the service, as determined by the director.

SB285-SSA1,34 Section 34. 230.16 (3) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB285-SSA1,13,5 230.16 (3) The director may appoint boards of examiners evaluators of at least 2 persons, one of which is selected by the bureau and one of which is a representative of the appointing authority, for the purpose of conducting oral examinations evaluations as a part of the examination hiring procedure for certain positions. All board members evaluators shall be well-qualified and impartial. All questions asked and answers made in any examination of applicants oral evaluation shall be recorded and made a part of the records of the applicants applicant's records.

SB285-SSA1,35 Section 35. 230.16 (4) of the statutes is amended to read:

SB285-SSA1,13,11 230.16 (4) All examinations selection criteria, including minimum training and experience requirements, for positions in the classified service shall be job-related in compliance with appropriate validation standards and shall be subject to the approval of the administrator director. All relevant experience, whether paid or unpaid, shall satisfy experience requirements.

SB285-SSA1,36 Section 36. 230.16 (5) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB285-SSA1,13,22 230.16 (5) In the interest of sound personnel management, consideration of applicants, and service to agencies, the director may set a standard for proceeding to subsequent steps in an examination the selection process, provided that all applicants are fairly treated and due notice has been given. The standard may be at or above the passing point set by the director for any portion of the examination. The director shall utilize appropriate scientific techniques and procedures in administering the selection process, in rating the results of examinations any evaluations used in the selection process, and in determining the relative ratings of the competitors.

SB285-SSA1,37 Section 37. 230.16 (6) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read: