LRB-5167/1
RAC:all:jf
1997 - 1998 LEGISLATURE
March 26, 1998 - Introduced by Law Revision Committee. Referred to Committee
on Government Operations.
AB958,2,2 1An Act to repeal 20.923 (6) (n), 230.16 (8) and 230.20 (3); to amend 230.05 (2)
2(a), 230.12 (1) (c) 2., 230.13 (1) (intro.), 230.33 (1), 230.33 (2), 230.34 (1) (a),
3230.34 (1) (ar), 230.40 (2) and 230.44 (1) (c); and to create 230.33 (1m) of the
4statutes; relating to: restoration and reinstatement rights of classified
5employes appointed to unclassified positions; leaves of absence from state
6employment to seek partisan political office; compensation and employment
7rights of assistant district attorneys; the salary of the position of Wisconsin
8veterans museum superintendent; authority of the administrator of the
9division of merit recruitment and selection in the department of employment
10relations to appoint local examiners; solicitation of recommendations for
11positions in the classified service of the state; the appeal of certain decisions of
12the administrator of the division of merit recruitment and selection in the
13department of employment relations to the personnel commission; and closed

1records relating to state employment (suggested as remedial legislation by the
2department of employment relations).
Analysis by the Legislative Reference Bureau
This bill does all of the following:
1. Under current law, "a person appointed by the governor, elected officer,
judicial body or by a legislative body or committee, or by any other appointing
authority when both the classified and unclassified positions are within his or her
department," must be granted a leave of absence without pay for the duration of the
unclassified appointment and for 3 months following the end of the appointment.
During this period, the person has restoration rights to the state agency from which
he or she last held an appointment in the classified service. According to the
department of employment relations (DER), there is some ambiguity as to whether
the classified and unclassified positions must be within the same department when
the person is appointed by the governor, elected officer, judicial body or by a
legislative body or committee for the person to be granted a leave of absence and have
the restoration rights.
This bill clearly provides that a person employed in the classified service of this
state and who is appointed to any unclassified position by the governor, an elected
officer, a judicial body or by a legislative body or committee must be granted a leave
of absence without pay for the duration of the unclassified appointment and for 3
months following the end of the appointment. During this period, the person has
restoration rights to the state agency from which he or she last held an appointment
in the classified service.
2. Under current law, if a person in the classified service of the state declares
an intention to run for partisan political office the person shall be given a leave of
absence for the duration of the election campaign and if elected shall separate from
the classified service on assuming the duties and responsibilities of such office.
According to DER, this provision may be interpreted in such a manner that the
employer may regard the granting of the leave of absence as discretionary. This bill
provides that if a person in the classified service declares an intention to run for
partisan political office the person shall be placed on a leave of absence for the
duration of the election campaign and if elected shall separate from the classified
service on assuming the duties and responsibilities of such office. According to DER,
this change in the law will now make this provision mandatory on the employer.
3. Under current law, assistant district attorneys are state employes. Other
than assistant district attorneys who are supervisors, assistant district attorneys
have their compensation established in collective bargaining agreements under the
state employment labor relations act (SELRA). Before 1990, however, assistant
district attorneys were not state employes and did not have their compensation
established in a collective bargaining agreement under SELRA. Current law
provides for extra compensation for assistant district attorneys in the compensation
plan. This bill eliminates this provision, with the result that those assistant district

attorneys whose compensation is established in the compensation plan are governed
by the general extra compensation provisions of the compensation plan.
In addition, current law refers to certain employment rights of assistant district
attorneys who first became state employes in 1990 and had accumulated at least 12
months of continuous service as county and state employes. These rights pertain to
demotion, layoff, suspension and discharge. This bill eliminates the references to
these assistant district attorneys who became state employes in 1990 and who had
accumulated at least 12 months of continuous service as county and state employes.
4. This bill eliminates a provision in current law that the salary of the
superintendent of the Wisconsin veterans museum is established by the secretary of
veterans affairs. Currently, there is no such position in state government; instead,
the department of veterans affairs operates the Wisconsin veterans museum.
5. Under current law, the administrator of the division of merit recruitment
and selection in DER is authorized to designate any person in or out of state
government or any person employed by a municipal or county government to act as
a local examiner for filling positions in state government. This bill eliminates this
authority.
6. Under current law, an applicant for a promotion to a position in the classified
service of this state may not solicit recommendations. This bill eliminates this
prohibition.
7. Under current law, the administrator of the division of merit recruitment
and selection in DER may delegate any of his or her functions relating to filling
positions in the classified service of this state to the appointing authority of any state
agency. Current law provides that any delegatory action taken by an appointing
authority is appealable to the personnel commission under the personnel
commission's authority to hear appeals of any decision or delegated decision of the
secretary of employment relations. This bill provides that any delegatory action
taken by an appointing authority is appealable to the personnel commission under
the personnel commission's authority to hear appeals of any decision or delegated
decision of the administrator of the division of merit recruitment and selection in
DER.
8. Under current law, with certain exceptions, the secretary of employment
relations and the administrator of the division of merit recruitment and selection in
DER are authorized to keep closed to the public certain personnel records relating
to examination scores and ranks and other evaluations of applicants for state
employe positions, dismissals, demotions and other disciplinary actions affecting
state employes and pay survey data obtained from private employers and the names
of these private employers.
This bill requires, rather than authorizes, the secretary and the administrator
to keep these records closed to the public.

For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Law revision committee prefatory note: This bill is a remedial legislation
proposal, requested by the department of employment relations and introduced by the
law revision committee under s. 13.83 (1) (c) 4., stats. After careful consideration of the
various provisions of the bill, the law revision committee has determined that this bill
makes minor substantive changes in the statutes, and that these changes are desirable
as a matter of public policy.
AB958, s. 1 1Section 1. 20.923 (6) (n) of the statutes is repealed.
Note: Under current law, the salary of the superintendent of the Wisconsin
veterans museum is established by the secretary of veterans affairs. However, there is
no such position. Therefore, this section is repealed.
AB958, s. 2 2Section 2. 230.05 (2) (a) of the statutes is amended to read:
AB958,5,23 230.05 (2) (a) Except as provided under par. (b), the administrator may
4delegate, in writing, any of his or her functions set forth in this subchapter to an
5appointing authority, within prescribed standards if the administrator finds that the
6agency has personnel management capabilities to perform such functions effectively
7and has indicated its approval and willingness to accept such responsibility by
8written agreement. If the administrator determines that any agency is not
9performing such delegated function within prescribed standards, the administrator
10shall withdraw such delegated function. The administrator may order transfer to
11the division from the agency to which delegation was made such agency staff and
12other resources as necessary to perform such functions if increased staff was
13authorized to that agency as a consequence of such delegation or if the division
14reduced staff or shifted staff to new responsibilities as a result of such delegation
15subject to the approval of the joint committee on finance. Any delegatory action
16taken under this subsection by any appointing authority may be appealed to the

1personnel commission under s. 230.44 (1) (b) (a). The administrator shall be a party
2in such appeal.
Note: Currently, the administrator of the division of merit recruitment and
selection in the department of employment relations is authorized to delegate any of his
or her functions relating to filling positions in the classified service to the appointing
authority of any state agency. Also, any action taken by an appointing authority under
this delegation is appealable to the personnel commission. This section corrects a
cross-reference to refer to appeals to the personnel commission under its authority to
hear appeals of decisions or delegated decisions of the administrator of the division of
merit, recruitment and selection.
AB958, s. 3 3Section 3. 230.12 (1) (c) 2. of the statutes is amended to read:
AB958,5,114 230.12 (1) (c) 2. The secretary may establish a plan of extra compensation for
5work performed during selected hours at an hourly rate or rates subject to approval
6of the joint committee on employment relations. The secretary may establish a plan
7of extra compensation for assistant district attorneys, which may include extra
8compensation for work performed during selected hours or for special duty such as
9on-call duty, at hourly rates subject to the approval of the joint committee on
10employment relations.
Eligibility for such extra compensation shall be as provided
11in the compensation plan.
Note: This provision is amended to eliminate the authority of the secretary of
employment relations to establish a plan of extra compensation for assistant district
attorneys. The effect of this change is that the assistant district attorneys whose
compensation is established in the compensation plan will be governed by the general
extra compensation provisions of that plan.
AB958, s. 4 12Section 4. 230.13 (1) (intro.) of the statutes is amended to read:
AB958,5,1513 230.13 (1) (intro.) Except as provided in s. 103.13, the secretary and the
14administrator may shall keep records of the following personnel matters closed to the
15public:
Note: Currently, under s. 230.13 (1), stats., the secretary of employment relations
and the administrator of the division of merit recruitment and selection may keep certain
personnel records closed to the public. These records relate to examination scores and
ranks and other evaluations of applicants, dismissals, demotions and other disciplinary
actions, pay survey data obtained from private employers and the names of those private
employers. This provision requires, rather than permits, the secretary and the
administrator to keep these personnel records closed to the public.
AB958, s. 5
1Section 5. 230.16 (8) of the statutes is repealed.
Note: Currently, the administrator of the division of merit recruitment and
selection in the department of employment relations is authorized to designate a person
in or out of state government or any person employed by a municipal or county
government to act as a local examiner for filling positions in state government. The
provision is not used. Therefore, it is repealed.
AB958, s. 6 2Section 6. 230.20 (3) of the statutes is repealed.
Note: Currently, applicants for a promotion to a position in the classified service
in Wisconsin may not solicit "recommendations". This bill eliminates the prohibition.
AB958, s. 7 3Section 7. 230.33 (1) of the statutes is amended to read:
AB958,6,164 230.33 (1) A person appointed to an unclassified position by the governor,
5elected officer, judicial body or by a legislative body or committee , or by any other
6appointing authority when both the classified and unclassified positions are within
7his or her department,
shall be granted a leave of absence without pay for the
8duration of the appointment and for 3 months thereafter, during which time the
9person has restoration rights to the former position or equivalent position in the
10department in which last employed in a classified position without loss of seniority.
11The person shall also have reinstatement privileges for 3 years following
12appointment to the unclassified service or for one year after termination of the
13unclassified appointment whichever is longer. Restoration rights and reinstatement
14privileges shall be forfeited if the reason for termination of the unclassified
15appointment would also be reason for discharge from the former position in the
16classified service.
Note: This provision is amended to limit its applicability to persons appointed to
an unclassified position by the governor, elected official judicial body or by a legislative
body or committee.
AB958, s. 8 17Section 8. 230.33 (1m) of the statutes is created to read:
AB958,7,1018 230.33 (1m) A person appointed to an unclassified position by an appointing
19authority other than an appointing authority described under sub. (1), when both the

1classified and unclassified positions are within the appointing authority's
2department, shall be granted a leave of absence without pay for the duration of the
3appointment and for 3 months thereafter, during which time the person has
4restoration rights to the former position or equivalent position in the department in
5which last employed in a classified position without loss of seniority. The person
6shall also have reinstatement privileges for 3 years following appointment to the
7unclassified service or for one year after termination of the unclassified appointment
8whichever is longer. Restoration rights and reinstatement privileges shall be
9forfeited if the reason for termination of the unclassified appointment would also be
10reason for discharge from the former position in the classified service.
Note: This provision provides that a person who is appointed in an unclassified
position by an appointing authority other than those listed in s. 230.33 (1), stats., when
both the classified and unclassified positions are within the appointing authority's
department, shall be granted a leave of absence without pay for the duration of the
appointment and for 3 months thereafter. The person will have restoration and
reinstatement rights that are the same as a person appointed to an unclassified position
by those authorities listed in s. 230.33 (1), stats.
AB958, s. 9 11Section 9. 230.33 (2) of the statutes is amended to read:
AB958,7,2012 230.33 (2) A person appointed to an unclassified position by an appointing
13authority other than an elected officer, judicial body, legislative body or committee
14appointing authority described under sub. (1), to a department other than the one
15in which the person was a classified employe may be granted a leave of absence
16without pay at the option of the person's former appointing authority in accordance
17with the leave of absence provisions in the rules of the secretary. An employe granted
18a leave of absence shall have the same restoration rights and reinstatement
19privileges as under sub. (1) (1m). If not granted a leave of absence, the employe shall
20be entitled only to the reinstatement privileges under sub. (1) (1m).
AB958, s. 10 21Section 10 . 230.34 (1) (a) of the statutes is amended to read:
AB958,8,4
1230.34 (1) (a) An employe with permanent status in class or an employe who
2has served with the state or a county, or both, as an assistant district attorney for a
3continuous period of 12 months or more may be removed, suspended without pay,
4discharged, reduced in base pay or demoted only for just cause.
Note: This provision removes references to employes who have served with the
state or county or both, as an assistant district attorney for a continuous period of 12
months. All assistant district attorneys are state, rather than county, employes, effective
January 1, 1990.
AB958, s. 11 5Section 11. 230.34 (1) (ar) of the statutes is amended to read:
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