AB21: Bill Text

AB21,1405,2 230.28 (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, but the administrator 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 additional months. Dismissal may be made at any time during such periods. Upon such dismissal, the appointing authority shall report to the administrator director and to the employee removed, the dismissal and the reason therefor. The administrator director may remove an employee during the employee's probationary period if the administrator director finds, after giving notice and an opportunity to be heard, that such employee was appointed as a result of fraud or error.

AB21,3756 Section 3756. 230.28 (1) (b) of the statutes is amended to read:

AB21,1405,8 230.28 (1) (b) The administrator director may authorize a longer probationary period not to exceed 2 years for any administrative, technical or professional position, in order to provide the appointing authority assurance that the employee has had adequate exposure to the various responsibilities which are a part of the position or classification.

AB21,3757 Section 3757. 230.28 (1) (bm) (intro.) of the statutes is amended to read:

AB21,1405,14 230.28 (1) (bm) (intro.) At the request of an appointing authority and an employee, the administrator director may authorize, at any time before the completion of the probationary period, an extended probationary period of up to one additional year for an individual with a disability, as defined in s. 111.32 (8), who is the employee to allow the employee to do any of the following:

AB21,3758 Section 3758. 230.28 (1) (c) of the statutes is amended to read:

AB21,1405,18 230.28 (1) (c) Upon request by the appointing authority, the administrator director may waive any portion of the lengthened probationary period but in no case before a 6-month probationary period has been served.

AB21,3759 Section 3759. 230.28 (3) of the statutes is amended to read:

AB21,1405,23 230.28 (3) If an employee is removed from a position during the probationary period, and the administrator director determines that the person is suitable for appointment to another position, the person's name may be restored to the list from which it was certified.

AB21,3760 Section 3760. 230.28 (4) of the statutes is amended to read:

AB21,1406,9 230.28 (4) A person reinstated in an employing unit other than one in which the person previously served in permanent status in the class in which the person is being reinstated, an employee who transfers from one employing unit to another, an employee who moves to a different employing unit in conjunction with a voluntary demotion, and a person who had not obtained permanent status in class in a supervisory or management position prior to appointment to another supervisory or management position, may be required by the appointing authority to serve a probationary period. Provisions for the duration of such probationary period shall be provided in the rules of the administrator director.

AB21,3761 Section 3761. 230.29 of the statutes is amended to read:

AB21,1406,12 230.29 Transfers. A transfer may be made from one position to another only if specifically authorized by the administrator director.

AB21,3762 Section 3762. 230.30 (1) of the statutes is amended to read:

AB21,1406,25 230.30 (1) Each agency shall constitute an employing unit for purposes of personnel transactions, except where appropriate functional, organizational or geographic breakdowns exist within the agency and except as provided in sub. (2). These breakdowns may constitute a separate employing unit for one or more types of personnel transactions under an overall employing unit plan if requested by the appointing authority of that agency and approved by the administrator director. If the administrator director determines, after conferring with the appointing authority of the employing agency, that an employing unit is or has become inappropriate to carry out sound personnel management practices due to factors including, but not limited to, the size or isolated location of portions of the employing unit, the administrator director may revise the employing unit structure of the agency to effect the remedy required.

AB21,3763 Section 3763. 230.31 (1) (b) of the statutes is amended to read:

AB21,1407,6 230.31 (1) (b) For a 3-year period from the date of separation, if on layoff status, the person shall be placed, in inverse order of layoff, on an appropriate mandatory restoration register for the unit used for layoff and on a restoration register for the agency from which the person was laid off. Use of such registers shall be subject to the rules of the administrator director.

AB21,3764 Section 3764. 230.31 (2) of the statutes is amended to read:

AB21,1407,10 230.31 (2) The administrator director may also provide for the reinstatement of persons who have served in seasonal and sessional employment and for persons who separate from a position while serving a probationary period.

AB21,3765 Section 3765. 230.315 (1) (c) of the statutes is amended to read:

AB21,1407,16 230.315 (1) (c) The employee has received a military leave of absence under s. 230.32 (3) (a) or 230.35 (3), under a collective bargaining agreement under subch. V of ch. 111, or under rules promulgated by the office of employment relations division or is eligible for reemployment with the state under s. 321.64 after completion of his or her service in the U.S. armed forces.

AB21,3766 Section 3766. 230.32 (3) of the statutes is amended to read:

AB21,1407,22 230.32 (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 director administrator for purposes of record.

AB21,1408,7 (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 director administrator, shall be in writing. Notice of such leave from state service shall be made in writing by the appointing authority to the director administrator for purposes of record.

AB21,1408,10 (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 director administrator.

AB21,3767 Section 3767. 230.32 (4) of the statutes is amended to read:

AB21,1408,20 230.32 (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 administrator 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 administrator director pursuant thereto.

AB21,3768 Section 3768. 230.32 (5) of the statutes is amended to read:

AB21,1408,23 230.32 (5) The restoration of classified former employees of the state shall be governed by this section and by the rules of the administrator director.

AB21,3769 Section 3769. 230.33 (2) of the statutes is amended to read:

AB21,1409,9 230.33 (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 director administrator. 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).

AB21,3770 Section 3770. 230.339 of the statutes is repealed.

AB21,3771 Section 3771. 230.34 (1) (c) of the statutes is amended to read:

AB21,1409,13 230.34 (1) (c) The director administrator shall establish guidelines for uniform application of this authority among the various agencies.

AB21,3772 Section 3772. 230.34 (2) (b) of the statutes is amended to read:

AB21,1409,19 230.34 (2) (b) The administrator director shall promulgate rules governing layoffs and appeals therefrom and alternative procedures in lieu of layoff to include voluntary and involuntary demotion and the exercise of a displacing right to a comparable or lower class, as well as the subsequent employee right of restoration or eligibility for reinstatement.

AB21,3773 Section 3773. 230.34 (2m) of the statutes is amended to read:

AB21,1410,3 230.34 (2m) Employees in positions funded by nonstate funds made available contingent on special employee eligibility requirements such as length of prior unemployment, specific occupational disadvantages or need for remedial work experience, shall be exempt from inclusion with the employees whose positions are in classes considered for layoff under sub. (2). In the case of reduction in force in such nonstate funded positions, layoffs and layoff procedures established pursuant to the rules of the administrator director may be limited to employees whose positions are dependent upon specific funding contingencies.

AB21,3774 Section 3774. 230.34 (3) of the statutes is amended to read:

AB21,1410,7 230.34 (3) The appointing authority shall confer with the administrator director relative to a proposed layoff a reasonable time before the effective date thereof in order to assure compliance with the rules.

AB21,3775 Section 3775. 230.34 (4) of the statutes is amended to read:

AB21,1410,10 230.34 (4) Resignations shall be regulated by the rules of the director administrator.

AB21,3776 Section 3776. 230.35 (1) (d) of the statutes is amended to read:

AB21,1410,17 230.35 (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 director administrator, 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.

AB21,3777 Section 3777. 230.35 (1m) (f) of the statutes is amended to read:

AB21,1411,6 230.35 (1m) (f) The continuous service of an employee eligible for annual leave under this subsection shall not be considered interrupted if the employee was on an approved leave of absence to participate in providing specialized disaster relief services or if the employee leaves the service and is reemployed by the state in another position covered under this subsection. Employees appointed to career executive positions under s. 230.24 or positions designated in s. 19.42 (10) (L) or 20.923 (4), (7), (8), or (9) or authorized under s. 230.08 (2) (e) are not subject to the continuous service requirements under sub. (1) (g) if they are reemployed in any of those positions, regardless of the duration of their absence. If the employees are reemployed in a position other than a career executive position or a position designated in s. 19.42 (10) (L) or 20.923 (4), (7), (8), or (9) or authorized under s. 230.08 (2) (e), continuous service shall be established in accordance with rules of the director administrator.

AB21,3778 Section 3778. 230.35 (1s) of the statutes is amended to read:

AB21,1411,13 230.35 (1s) Annual leave of absence with pay for instructional staff employed by the board of regents of the University of Wisconsin System who provide services for a charter school established by contract under s. 118.40 (2r) (cm), 2013 stats., shall be determined by the governing board of the charter school established by contract under s. 118.40 (2r) (cm), 2013 stats., as approved by the chancellor of the University of Wisconsin-Parkside.

AB21,3779 Section 3779. 230.35 (1s) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is repealed.

AB21,3780 Section 3780. 230.35 (2) of the statutes is amended to read:

AB21,1412,2 230.35 (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 director administrator, 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 director administrator.

AB21,3781 Section 3781. 230.35 (2r) (b) of the statutes is amended to read:

AB21,1412,9 230.35 (2r) (b) The director administrator 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 director administrator shall determine the types and amounts of leave credits that may be donated.

AB21,3782 Section 3782. 230.35 (3) (d) of the statutes is amended to read:

AB21,1412,14 230.35 (3) (d) Employees of the state are entitled to reasonable paid leaves of absence to compete in promotional examinations and interviews. The director administrator shall promulgate rules governing the lengths of time allowable for such leaves, their frequency and the provisions for their use.

AB21,3783 Section 3783. 230.35 (3) (e) 2. e. of the statutes is amended to read:

AB21,1412,18 230.35 (3) (e) 2. e. The leave of absence conforms with any rules of the director administrator regarding leaves of absence to provide specialized disaster relief services.

AB21,3784 Section 3784. 230.35 (3) (e) 5. of the statutes is amended to read:

AB21,1412,21 230.35 (3) (e) 5. The director administrator may promulgate any rules necessary to implement this paragraph.

AB21,3785 Section 3785. 230.35 (5) (b) of the statutes is amended to read:

AB21,1413,3 230.35 (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 director administrator.

AB21,3786 Section 3786. 230.36 (1m) (b) 2. (intro.) of the statutes is amended to read:

AB21,1413,10 230.36 (1m) (b) 2. (intro.) A conservation warden, conservation patrol boat captain, conservation patrol boat engineer, member of the state patrol, state motor vehicle inspector, University of Wisconsin System police officer, security officer, or security person, other state facilities police officer, special tax agent, excise tax investigator employed by the department of revenue, and special criminal investigation agent employed by the department of justice at all times while:

AB21,3787 Section 3787. 230.36 (2m) (a) 14. of the statutes is amended to read:

AB21,1413,13 230.36 (2m) (a) 14. A University of Wisconsin System police officer or other state facilities police officer and patrol officer.

AB21,3788 Section 3788. 230.37 (1) of the statutes is amended to read:

AB21,1413,20 230.37 (1) In cooperation with appointing authorities the director administrator 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.

AB21,3789 Section 3789. 230.40 (6) of the statutes is amended to read:

AB21,1413,22 230.40 (6) The administrator director shall administer this section.

AB21,3790 Section 3790. 230.43 (5) of the statutes is amended to read:

AB21,1414,7 230.43 (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 director administrator in force at the time of such payments.

AB21,3791 Section 3791. 230.44 (1) (a) of the statutes is amended to read:

AB21,1414,12 230.44 (1) (a) Decision made or delegated by administrator director. Appeal of a personnel decision under this subchapter made by the administrator director or by an appointing authority under authority delegated by the administrator director under s. 230.05 (2).

AB21,3792 Section 3792. 230.44 (1) (b) of the statutes is amended to read:

AB21,1414,17 230.44 (1) (b) Decision made or delegated by director administrator. Appeal of a personnel decision under s. 230.09 (2) (a) or (d) or 230.13 (1) made by the director administrator or by an appointing authority under authority delegated by the director administrator under s. 230.04 (1m).

AB21,3793 Section 3793. 230.44 (1) (dm) of the statutes is amended to read:

AB21,1414,22 230.44 (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 director and the office division may not be a party to any such appeal.

AB21,3794 Section 3794. 230.44 (4) (bm) of the statutes is amended to read:

AB21,1415,13 230.44 (4) (bm) Upon request of an employee who files an appeal of the decision of the director administrator 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 director administrator. 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).

AB21,3795 Section 3795. 230.46 of the statutes is amended to read:

AB21,1415,24 230.46 Duties of council on affirmative action. The council on affirmative action in the office shall serve in a direct advisory capacity to the director administrator 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.

AB21,3796 Section 3796. 230.48 (2) of the statutes is amended to read:

AB21,1416,6 230.48 (2) Personnel, facilities and equipment. The office administrator 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.

AB21,3797 Section 3797. 230.90 (1) (c) of the statutes is amended to read:

AB21,1416,15 230.90 (1) (c) "Governmental unit" means any association, authority, board, commission, department, independent agency, institution, office, society or other body in state government created or authorized to be created by the constitution or any law, including the legislature, the office of the governor and the courts. "Governmental unit" does not mean the University of Wisconsin Hospitals and Clinics Authority, the University of Wisconsin System Authority, or any political subdivision of the state or body within one or more political subdivisions which is created by law or by action of one or more political subdivisions.

AB21,3798 Section 3798. 230.90 (2) of the statutes is amended to read:

AB21,1417,2 230.90 (2) An employee may bring an action in circuit court against his or her employer or employer's agent, including this state, if the employer or employer's agent retaliates, by engaging in a disciplinary action, against the employee because the employee exercised his or her rights under the first amendment to the U.S. constitution or article I, section 3, of the Wisconsin constitution by lawfully disclosing information or because the employer or employer's agent believes the employee so exercised his or her rights. The employee shall bring the action within 2 years after the action allegedly occurred or after the employee learned of the action, whichever occurs last. No employee may bring an action against the office division of state employment relations personnel management in the department of administration as an employer's agent.

AB21,3799 Section 3799. 231.02 (2) of the statutes is amended to read: