AB373: Bill Text

AB373,12 Section 12. 230.01 (2) (bm) of the statutes is created to read:

AB373,10,10 230.01 (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.

AB373,13 Section 13. 230.01 (2) (bp) of the statutes is created to read:

AB373,10,15 230.01 (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.

AB373,14 Section 14. 230.04 (13m) of the statutes is created to read:

AB373,10,20 230.04 (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.

AB373,15 Section 15. 230.04 (14) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB373,10,25 230.04 (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.

AB373,16 Section 16. 230.04 (19) of the statutes is created to read:

AB373,11,5 230.04 (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.

AB373,17 Section 17. 230.05 (7) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB373,11,10 230.05 (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.

AB373,18 Section 18. 230.06 (1) (m) of the statutes is created to read:

AB373,11,13 230.06 (1) (m) Prepare a progressive discipline plan which complies with the standards established by the administrator under s. 230.04 (13m).

AB373,19 Section 19. 230.06 (4) of the statutes is created to read:

AB373,11,20 230.06 (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.

AB373,20 Section 20. 230.08 (2) (c) of the statutes is amended to read:

AB373,12,6 230.08 (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.

AB373,21 Section 21. 230.12 (1) (h) of the statutes is amended to read:

AB373,12,11 230.12 (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.

AB373,22 Section 22. 230.13 (1) (a) of the statutes is amended to read:

AB373,12,14 230.13 (1) (a) Examination scores and ranks and other evaluations Evaluations of applicants, including any examination scores and rankings.

AB373,23 Section 23. 230.13 (3) (b) of the statutes is amended to read:

AB373,12,18 230.13 (3) (b) The director and the administrator 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.

AB373,24 Section 24. 230.13 (3) (c) of the statutes is created to read:

AB373,12,22 230.13 (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.

AB373,25 Section 25. 230.15 (1) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB373,13,6 230.15 (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).

AB373,26 Section 26. 230.15 (1m) (c) 1. of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB373,13,12 230.15 (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.

AB373,27 Section 27. 230.15 (6) of the statutes is created to read:

AB373,13,17 230.15 (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.

AB373,28 Section 28. 230.15 (7) of the statutes is created to read:

AB373,13,21 230.15 (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.

AB373,29 Section 29. 230.16 (title) of the statutes is amended to read:

AB373,13,23 230.16 (title) Applications and examinations resumes.

AB373,30 Section 30. 230.16 (1) (a) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB373,14,4 230.16 (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.

AB373,31 Section 31. 230.16 (1) (ap) of the statutes is created to read:

AB373,14,13 230.16 (1) (ap) 1. Except as provided in subd. 2., the director may not request a person applying for a position in the civil service, on an application or otherwise, to supply information regarding the conviction record of the applicant, or otherwise inquire into or consider the conviction record of the applicant before the applicant has been certified for the position. This paragraph does not prohibit the administrator from notifying an applicant for a position in the civil service that, by law or policy, a particular conviction record may disqualify an applicant from employment in a particular position.

AB373,14,19 2. If a particular conviction record disqualifies applicants for a certain position in the state civil service, the administrator may request a person applying for the position to supply information regarding the conviction record of the applicant, or otherwise inquire into or consider the conviction record of the applicant, to determine whether the applicant's conviction record disqualifies him or her for the position before the applicant is certified for the position.

AB373,32 Section 32. 230.16 (2) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB373,15,3 230.16 (2) Competitive examinations procedures in the selection process shall be free and open to all applicants who have fulfilled the preliminary requirements stated in the examination announcement for the procedure. 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.

AB373,33 Section 33. 230.16 (3) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB373,15,12 230.16 (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.

AB373,34 Section 34. 230.16 (4) of the statutes is amended to read:

AB373,15,18 230.16 (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. All relevant experience, whether paid or unpaid, shall satisfy experience requirements.

AB373,35 Section 35. 230.16 (5) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB373,16,4 230.16 (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.

AB373,36 Section 36. 230.16 (6) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB373,16,11 230.16 (6) If any applicant is unable to complete the examination an evaluation that is used in the selection process in the form presented to the applicant due to a disability, the bureau shall provide a reader, an appropriate place to take the examination or other similar prerequisites necessary accommodations to ensure equality of opportunity in the examination selection process.

AB373,37 Section 37. 230.16 (7) of the statutes is renumbered 63.08 (1) (fm), and 63.08 (1) (fm) 1. (intro.) and 2., as renumbered, are amended to read:

AB373,16,18 63.08 (1) (fm) 1. (intro.) A preference shall be given to those veterans and to those spouses of veterans specified in subds. 1. to 6. a. to f. who gain eligibility on any competitive employment register and who do not currently hold a permanent appointment or have mandatory restoration rights to a permanent appointment to any position. A preference means the following:

AB373,16,22 2. An applicant who is certified for a position after receiving a preference under par. (a) 4., 5. or 6. subd. 1. d., e., or f. and who is appointed to that position may not obtain a preference under par. (a) 4., 5. or 6. subd. 1. d., e., or f. for any other civil service position for which the applicant subsequently applies.

AB373,38 Section 38. 230.16 (7m) (b) 4. of the statutes is amended to read:

AB373,17,3 230.16 (7m) (b) 4. The examination The appointing authority has not extended interviews for the position is a written, nonessay examination that is scored by a machine or filled the position at the time the application is received.

AB373,39 Section 39. 230.16 (7m) (c) of the statutes, as affected by 2015 Wisconsin Act 55, is repealed.

AB373,40 Section 40. 230.16 (9) of the statutes, as affected by 2015 Wisconsin Act 55, is repealed.

AB373,41 Section 41. 230.16 (10) of the statutes is amended to read:

AB373,17,12 230.16 (10) Every reasonable precaution shall be taken to prevent any unauthorized person from gaining any knowledge of the nature or content of the examinations competitive procedures in the selection process that is not available to every applicant.

AB373,42 Section 42. 230.16 (11) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB373,17,17 230.16 (11) Records of examinations, including a transcript or recorded tape of oral examinations, given under this subchapter applicants shall be retained for at least one year. Inspection of such records shall be regulated by rules of the director.

AB373,43 Section 43. 230.17 (1) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB373,17,25 230.17 (1) The director shall provide by rule, the conditions, not otherwise provided by law, under which an applicant eligible may be refused examination or reexamination, or an eligible refused certification. These conditions shall be based on sufficient reason and shall reflect sound technical personnel management practices and those standards of conduct, deportment, and character necessary and demanded to the orderly, efficient, and just operation of the state service.

AB373,44 Section 44. 230.17 (2) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB373,18,15 230.17 (2) If the director refuses to examine an applicant, or after an examination to certify an eligible, as provided in this section, the director, if requested by the applicant so rejected within 10 days of the date of receipt of the notice of rejection, shall give the applicant a full and explicit statement of the exact cause of such refusal to examine or to certify. Applicants may appeal to the commission the decision of the director to refuse to examine or certify under s. 230.44 (1) (a). Upon request of an applicant or an eligible for a civil service position who has a disability, the department of health services shall obtain from the director a detailed description of all duties entailed by such position and shall determine and report its findings to the director, as to the ability of the applicant, or eligible, to perform the duties of such position. Such findings shall be conclusive as to the qualifications of any applicant, or eligible, so examined. A notice of rejection shall notify an applicant or eligible of his or her rights under this subsection.

AB373,45 Section 45. 230.18 of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB373,19,3 230.18 Discrimination prohibited. No question in any form of application or in any examination evaluation used in the hiring process may be so framed as to elicit information concerning the partisan political or religious opinions or affiliations of any applicant nor may any inquiry be made concerning such opinions or affiliations and all disclosures thereof shall be discountenanced except that the director may evaluate the competence and impartiality of applicants for positions such as clinical chaplain in a state institutional program. No discriminations may be exercised in the recruitment, application, examination or hiring process against or in favor of any person because of the person's political or religious opinions or affiliations or because of age, sex, disability, race, color, sexual orientation, national origin, or ancestry except as otherwise provided.

AB373,46 Section 46. 230.19 (1) of the statutes, as affected by 2015 Wisconsin Act 55, is renumbered 230.19.

AB373,47 Section 47. 230.19 (2) of the statutes, as affected by 2015 Wisconsin Act 55, is repealed.

AB373,48 Section 48. 230.19 (3) of the statutes is repealed.

AB373,49 Section 49. 230.21 (1) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB373,19,13 230.21 (1) Subject to s. 230.275, the director may, to meet the needs of the service, establish separate recruitment, examination and certification procedures for filling positions in unskilled labor and service classes.

AB373,50 Section 50. 230.21 (2) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB373,19,20 230.21 (2) The director may designate classifications in which applicants are in critically short supply and may develop such recruitment, examination and certification processes as will provide agencies with prompt certification when qualified applicants can be found, provided that due notice has been given and proper competitive standards have been maintained.

AB373,51 Section 51. 230.21 (3) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB373,20,3 230.21 (3) The director shall designate classifications in prison industries in the department of corrections as critical positions requiring expeditious hiring and shall develop such recruitment, examination and certification processes as will provide the department with prompt certification when qualified applicants can be found, provided that due notice has been given and proper competitive standards have been maintained.

AB373,52 Section 52. 230.213 of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB373,20,15 230.213 Affirmative action procedures for corrections positions. The director may, to meet affirmative action objectives, establish such recruitment, examination and certification procedures for positions in the department of corrections as will enable the department of corrections to increase the number of employees of a specified gender or a specified racial or ethnic group in those positions. The director shall design the procedures to obtain a work force in the department of corrections that reflects the relevant labor pool. The director may determine the relevant labor pool from the population of the state or of a particular geographic area of the state, whichever is more appropriate for achieving the affirmative action objective.

AB373,53 Section 53. 230.24 (1) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB373,21,5 230.24 (1) The administrator may by rule develop a career executive program that emphasizes excellence in administrative skills in order to provide agencies with a pool of highly qualified executive candidates, to provide outstanding administrative employees a broad opportunity for career advancement , and to provide for the mobility of such employees among the agencies and units of state government for the most advantageous use of their managerial and administrative skills. To accomplish the purpose of this program, the director may provide policies and standards for recruitment, examination, probation, employment register control, certification, transfer, promotion, and reemployment, and the director may provide policies and standards for classification and salary administration, separate from procedures established for other employment. The administrator shall determine the positions which may be filled from career executive employment registers.

AB373,54 Section 54. 230.24 (2) of the statutes is amended to read:

AB373,21,13 230.24 (2) A vacancy in a career executive position may be filled only through an open competitive examination, a competitive promotional examination or by restricting competition to employees in career executive positions hiring process in order to achieve and maintain a highly competent work force in career executive positions, 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.

AB373,55 Section 55. 230.25 (1) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB373,22,2 230.25 (1) Appointing authorities shall give written notice to the director of any vacancy to be filled in any position in the classified service. The director shall certify, under this subchapter and the rules of the director, from the register of eligibles appropriate for the kind and type of employment, the grade and class in which the position is classified, any number of names at the head thereof. In determining the number of names to certify, the director shall use statistical methods and personnel management principles that are designed to maximize the number of certified names that are appropriate for filling the specific position vacancy. Up to 2 persons considered for appointment 3 times and not selected may be removed from the register for each 3 appointments made. Certification under this subsection shall be made before granting any preference under s. 230.16 (7).

AB373,56 Section 56. 230.25 (1g) of the statutes, as affected by 2015 Wisconsin Act 55, is repealed.

AB373,57 Section 57. 230.25 (1m) of the statutes is repealed.

AB373,58 Section 58. 230.25 (1n) (a) (intro.) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB373,22,10 230.25 (1n) (a) (intro.) After certifying names under subs. sub. (1), (1g) and (1m), the director may engage in expanded certification by doing one or more of the following: