AB373: Bill Text

AB373,5 Section 5. 63.08 (1) (f) 1. of the statutes is amended to read:

AB373,7,15 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.

AB373,6 Section 6. 63.08 (1) (f) 2. of the statutes is amended to read:

AB373,7,19 63.08 (1) (f) 2. Notwithstanding s. 230.16 (7), persons Persons shall be certified from the eligible list under s. 63.05 (1) (b) without adding any preference points to any person's grade.

AB373,7 Section 7. 63.08 (1) (f) 3. of the statutes is amended to read:

AB373,8,2 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.

AB373,8 Section 8. 63.37 of the statutes is amended to read:

AB373,8,13 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).

AB373,9 Section 9. 63.39 (2m) of the statutes is amended to read:

AB373,8,20 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.

AB373,10 Section 10. 66.0509 (1) of the statutes is amended to read:

AB373,9,9 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).

AB373,11 Section 11. 230.01 (2) of the statutes is renumbered 230.01 (2) (a) and amended to read:

AB373,9,15 230.01 (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.

AB373,9,21 (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.

AB373,9,23 (c) It is the policy of this state to take affirmative action which is not in conflict with other provisions of this chapter.

AB373,9,25 (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.

AB373,10,3 (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.

AB373,10,5 (f) It is the policy of this state to correct pay inequities based on gender or race in the state civil service system.

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.