AB373: Bill Text

AB373,24,24 230.26 (2) If there are urgent reasons for filling a vacancy in any position in the classified service and the director is unable to certify to the appointing authority, upon requisition by the latter, a list of persons eligible for appointment from an appropriate employment register, the appointing authority may nominate a person to the director for noncompetitive examination. If the nominee is certified by the director as qualified, the nominee may be appointed provisionally to fill the vacancy until an appointment can be made from a register established after announcement of competition for the position, except that no provisional appointment may be continued for more than 45 working days after the date of certification from the register. Successive appointments may not be made under this subsection. This subsection does not apply to a person appointed to a vacant position in the classified service under s. 230.275.

AB373,64 Section 64. 230.26 (4) of the statutes is amended to read:

AB373,25,7 230.26 (4) Fringe benefits specifically authorized by statutes, with the exception of deferred compensation plan participation under subch. VII of ch. 40, worker's compensation, unemployment insurance, group insurance, retirement, and social security coverage, shall be denied employees hired under this section. Such employees may not be considered permanent employees and do not qualify for tenure, vacation, paid holidays, sick leave, performance awards, or the right to compete in promotional examinations processes.

AB373,65 Section 65. 230.28 (1) (a) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB373,25,21 230.28 (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 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 2 years, unless the probationary period is waived after one year under par. (c). Dismissal may be made at any time during such periods. Upon such dismissal, the appointing authority shall report to the director and to the employee removed, the dismissal and the reason therefor. The director may remove an employee during the employee's probationary period if the director finds, after giving notice and an opportunity to be heard, that such employee was appointed as a result of fraud or error.

AB373,66 Section 66. 230.28 (1) (am) of the statutes is amended to read:

AB373,26,6 230.28 (1) (am) All probationary periods for employees in supervisory or management positions are one year 2 years unless waived after 6 months one year under par. (c). The waiver under par. (c) may be exercised for an employee in a supervisory position only if the employee has successfully completed a supervisory development program under s. 230.046 (2). However, persons who transfer or are reinstated to supervisory or management positions consistent with conditions under sub. (4) and who had previously obtained permanent status in class in a supervisory or management position prior to the transfer or reinstatement shall serve a probationary period in accordance with sub. (4).

AB373,67 Section 67. 230.28 (1) (b) of the statutes, as affected by 2015 Wisconsin Act 55, is repealed.

AB373,68 Section 68. 230.28 (1) (c) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB373,26,13 230.28 (1) (c) Upon request by the appointing authority, the director may waive any portion of the lengthened a probationary period but in no case before a 6-month one-year probationary period has been served.

AB373,69 Section 69. 230.28 (6) of the statutes is repealed.

AB373,70 Section 70. 230.31 (1) (intro.) of the statutes is amended to read:

AB373,26,20 230.31 (1) (intro.) Any person who has held a position and obtained permanent status in a class under the civil service law and rules and who has separated from the service before the effective date of this subsection .... [LRB inserts date], without any delinquency or misconduct on his or her part but owing to reasons of economy or otherwise shall be granted the following considerations:

AB373,71 Section 71. 230.31 (2) of the statutes, as affected by 2015 Wisconsin Act 55, is repealed.

AB373,72 Section 72. 230.31 (3) of the statutes is created to read:

AB373,27,3 230.31 (3) Any person who has held a position and obtained permanent status in class under the civil service law and rules and who is laid off on or after the effective date of this subsection .... [LRB inserts date], is eligible for reinstatement in a position having a comparable or lower pay rate or range for which such person is qualified for a 3-year period from the date of the layoff.

AB373,73 Section 73. 230.34 (1) (a) of the statutes is renumbered 230.34 (1) (a) (intro.) and amended to read:

AB373,27,16 230.34 (1) (a) (intro.) An employee with permanent status in class or an employee who has served with the state as an assistant district attorney or an assistant state public defender for a continuous period of 12 months or more may be removed, suspended without pay, discharged, reduced in base pay, or demoted only for just cause. It is just cause to remove, suspend without pay, discharge, reduce the base pay of, or demote an employee for work performance or personal conduct that is inadequate, unsuitable, or inferior, as determined by the appointing authority, but only after imposing progressive discipline that complies with the administrator's standards under s. 230.04 (13m). It is just cause to remove, suspend without pay, discharge, reduce the base pay of, or demote an employee without imposing progressive discipline for any of the following conduct:

AB373,74 Section 74. 230.34 (1) (a) 1. to 9. of the statutes are created to read:

AB373,27,18 230.34 (1) (a) 1. While on duty, harassing a person.

AB373,27,19 2. While on duty, intentionally inflicting physical harm on another person.

AB373,27,22 3. While on duty, being intoxicated or under the influence of a controlled substance, as defined in s. 961.01 (4), or a controlled substance analog, as defined in s. 961.01 (4m).

AB373,27,25 4. While on duty, being in possession of a controlled substance, as defined in s. 961.01 (4), or a controlled substance analog, as defined in s. 961.01 (4m), without a prescription.

AB373,28,1 5. Falsifying records of the agency.

AB373,28,6 6. Theft of agency property or services with intent to deprive an agency of the property or services permanently, theft of currency of any value, felonious conduct connected with the employee's employment with the agency, or intentional or negligent conduct by an employee that causes substantial damage to agency property.

AB373,28,9 7. A conviction of an employee of a crime or other offense subject to civil forfeiture, while on or off duty, if the conviction makes it impossible for the employee to perform the duties that the employee performs for the agency.

AB373,28,12 8. Misuse or abuse of agency property, including the intentional use of the agency's equipment to download, view, solicit, seek, display, or distribute pornographic material.

AB373,28,14 9. A serious violation of the code of ethics established by the director under s. 19.45 (11) (a), as determined by the director.

AB373,75 Section 75. 230.34 (1) (am) of the statutes is amended to read:

AB373,28,24 230.34 (1) (am) If an employee fails to report for work as scheduled or to contact his or her supervisor, the appointing authority may discipline the employee. If an employee fails to report for work as scheduled, or to contact his or her supervisor for a minimum of 5 consecutive 3 working days during a calendar year, the appointing authority shall consider the employee's position abandoned and may discipline the employee or treat the employee as having resigned his or her position. If the appointing authority decides to treat the position abandonment as a resignation, the appointing authority shall notify the employee in writing that the employee is being treated as having effectively resigned as of the end of the last day worked.

AB373,76 Section 76. 230.34 (2) (a) of the statutes is amended to read:

AB373,29,5 230.34 (2) (a) The An appointing authority shall determine the order of layoff of such employees may be determined by seniority or primarily based on job performance or a combination thereof or by other factors , and thereafter, in accordance with the rules of the director, on disciplinary records, seniority, and ability.

AB373,77 Section 77. 230.34 (2) (b) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB373,29,12 230.34 (2) (b) The 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.

AB373,78 Section 78. 230.35 (3) (d) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB373,29,18 230.35 (3) (d) Employees of the state are entitled to reasonable paid leaves of absence to compete in promotional examinations and interviews evaluations. The administrator shall promulgate rules governing the lengths of time allowable for such leaves, their frequency and the provisions for their use.

AB373,79 Section 79. 230.37 (1) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB373,30,4 230.37 (1) In cooperation with appointing authorities the 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. Under the employee performance evaluation program established under this subsection, the administrator shall require each appointing authority to conduct an annual performance evaluation of each employee appointed by the appointing authority. 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.

AB373,80 Section 80. 230.40 (3) of the statutes is repealed.

AB373,81 Section 81. 230.43 (1) (title) of the statutes is amended to read:

AB373,30,8 230.43 (1) (title) Obstruction Hiring process; obstruction or falsifications of examinations.

AB373,82 Section 82. 230.43 (1) (a) of the statutes is renumbered 230.43 (1) (intro.) and amended to read:

AB373,30,13 230.43 (1) (intro.) Any person who willfully, alone or in cooperation with one or more persons, defeats does any of the following is, for each offense, guilty of a misdemeanor:

AB373,30,16 (am) Willfully defeats, deceives or obstructs any person in respect of the rights of examination application or registration under this subchapter or any rules prescribed pursuant thereto, or.

AB373,83 Section 83. 230.43 (1) (b) of the statutes is amended to read:

AB373,30,21 230.43 (1) (b) Who willfully, Willfully or corruptly, falsely marks, grades, estimates, or reports upon the examination an application or resume, or proper standing of any person examined evaluated, registered, or certified, pursuant to this subchapter, or aids in so doing, or.

AB373,84 Section 84. 230.43 (1) (c) of the statutes is amended to read:

AB373,30,25 230.43 (1) (c) Who willfully Willfully or corruptly makes any false representations concerning the same, or concerning the person examined an applicant, or.

AB373,85 Section 85. 230.43 (1) (d) of the statutes is amended to read:

AB373,31,5 230.43 (1) (d) Who willfully Willfully or corruptly furnishes any person any special or secret information for the purpose of either improving or injuring the prospects or chances of any persons so examined evaluated, registered, or certified, being appointed, employed, or promoted, or.

AB373,86 Section 86. 230.43 (1) (e) of the statutes is amended to read:

AB373,31,10 230.43 (1) (e) Who personates Personates any other person, or permits or aids in any manner any other person to personate him or her in connection with any examination, registration, application, or request to be examined evaluated or registered, shall for each offense be guilty of a misdemeanor.

AB373,87 Section 87. 230.43 (5) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB373,31,21 230.43 (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 a competitive examination hiring process; 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 administrator in force at the time of such payments.

AB373,88 Section 88. 230.44 (1) (c) of the statutes is amended to read:

AB373,32,4 230.44 (1) (c) Demotion, layoff, suspension or discharge. If an employee has permanent status in class, or an employee has served with the state as an assistant district attorney or an assistant state public defender for a continuous period of 12 months or more, the employee may appeal a demotion, layoff, suspension, discharge or reduction in base pay to the commission as the final step in the state employee grievance procedure process established under s. 230.04 (14) 230.445, if the appeal alleges that the decision was not based on just cause.

AB373,89 Section 89. 230.44 (1) (e) of the statutes is amended to read:

AB373,32,10 230.44 (1) (e) Discretionary performance awards. This subsection does not apply to decisions of an appointing authority relating to discretionary performance awards under s. 230.12 (5) or under the discretionary merit award program established under s. 230.04 (19), including the evaluation methodology and results used to determine the award or the amount awarded.

AB373,90 Section 90. 230.445 of the statutes is created to read:

AB373,32,13 230.445 Grievance process for demotion, suspension, discharge, layoff, or reduction in base pay. (1) In this section:

AB373,32,15 (a) "Adverse employment decision" means a decision to demote, layoff, suspend without pay, discharge, or reduce the base pay of an employee.

AB373,32,18 (b) "Employee" means an employee who has obtained permanent status in class or an employee who has served with the state as an assistant district attorney or an assistant state public defender for a continuous period of 12 months or more.

AB373,32,23 (2) An employee may file a complaint under this section concerning the application of a law, rule, or policy to an adverse employment decision against the employee. If an employee does not file a complaint or an appeal by an applicable deadline under sub. (3), the employee waives his or her right to appeal the adverse employment decision under this chapter.

AB373,33,3 (3) (a) 1. To commence the grievance process for an adverse employment action, an employee shall file a complaint with the employee's appointing authority challenging the adverse employment decision against the employee no later than 14 days after the employee becomes aware of, or should have become aware of, the decision that is the subject of the complaint.

AB373,33,10 2. An appointing authority, or his or her designee, who receives a timely complaint under subd. 1. shall conduct any investigation he or she considers necessary, meet with with the employee in person, and issue a decision, in writing, not later than 14 days after the date of which the appointing authority, or his or her designee, received the employee's complaint. If the appointing authority does not issue a written decision within 15 days after receiving the employee's complaint, the employee may appeal to the administrator under par. (b).

AB373,33,15 (b) 1. If an appointing authority does not find in favor of the employee under par. (a), the employee may appeal the appointing authority's decision by filing a complaint with the administrator. The employee may file a compliant under this subdivision no later than 14 days after the date of the appointing authority's decision.

AB373,33,21 2. If the administrator receives a timely complaint under subd. 1., the administrator shall review the complaint and the appointing authority's written decision, and shall issue a decision, in writing, no later than 30 days after the date the employee filed a complaint with the administrator. If the administrator does not issue a written decision within 31 days after receiving the employee's complaint, the employee may appeal to the commission under par. (c).

AB373,34,6 (c) 1. An employee or an appointing authority may appeal a decision issued by the administrator under par. (b) by filing an appeal with the commission. The employee or appointing authority may file an appeal with the commission no later than 14 days after receiving the administrator's decision. Within 10 days of receiving an appeal, the commission shall determine whether all procedural requirements were completed properly and in a timely manner. If a procedural requirement was not met, the commission shall dismiss the appeal. If all of the procedural requirements were met, the commission shall hear the appeal under s. 230.44 (4), except that the commission shall issue a decision on the appeal no later than 120 days after the date the appeal is filed with the commission.

AB373,34,9 2. To ensure that the commission issues its decision no later than 120 days after an appeal is filed under this paragraph, all of the following apply to a hearing before the commission for an appeal under this paragraph:

AB373,34,12 a. The parties shall participate in a pre-hearing conference no later than 20 days after the filing of the appeal. The commission shall set the date of the hearing at the pre-hearing conference.

AB373,34,13 b. Discovery shall be completed no later than 60 days after the appeal is filed.

AB373,34,15 c. The commission shall rule on all motions no later than 30 days before the date of the hearing.

AB373,34,18 d. The commission may only grant an extension to a deadline provided in this subdivision for extraordinary circumstances. The commission may not grant an extension beyond the 120 day limit for issuing its decision.

AB373,34,20 e. Continuances of the hearing may be granted only in extraordinary circumstance, as determined by the commission.

AB373,91 Section 91. 321.65 (3) (g) of the statutes is amended to read:

AB373,35,2 321.65 (3) (g) Veterans preferences. The right of a person to reemployment under this subsection does not entitle the person to retention, preference, or displacement rights over any person who has a superior claim under s. 45.03 (4), 62.13 (4) (d), 63.08 (1) (f) or (fm), 63.37, 63.39 (2m), 66.0509 (1), 230.15 (2m), 230.16 (7) or (7m), 230.21 (1m), 230.25, or 230.275.

AB373,92 Section 92. 2015 Wisconsin Act 55, section 9101 (5n) (a) is amended to read:

AB373,35,11 [2015 Wisconsin Act 55] Section 9101 (5n) (a) In this subsection, "agency" means the board of commissioners of public lands; the educational communications board; the department of financial institutions; the government accountability board; the higher educational aids board; the state historical society; the public service commission; the department of safety and professional services; the state fair park board; the department of tourism any agency within the executive branch of state government, other than the Board of Regents of the University of Wisconsin System.

AB373,93 Section 93 . 2015 Wisconsin Act 55, section 9101 (5n) (b) is amended to read:

AB373,36,2 [2015 Wisconsin Act 55] Section 9101 (5n) (b) The By January 1, 2017, the department of administration shall consult with each agency and develop a plan for assuming responsibility for services relating to human resources,. By January 1, 2017, the department of administration shall also consult with the board of commissioners of public lands, the educational communications board, the department of financial institutions, the government accountability board, the higher educational aids board, the state historical society, the public service commission, the department of safety and professional services, the state fair park board, and the department of tourism and develop a plan for assuming responsibility for services related to payroll, finance, budgeting, procurement, and information technology for any agency these agencies. The department of administration shall include in the each plan which services would be provided to each agency, which positions would be deleted or transferred, and the number and type of positions and associated funding that would be provided to the department of administration.

AB373,94 Section 94 . Nonstatutory provisions.

AB373,36,7 (1) Study of certain aspects of the state civil service system. (a) The administrator of the division of personnel management in the department of administration and the director of the bureau of merit recruitment and selection in the department of administration shall jointly review all of the following:

AB373,36,12 1. The classifications for all positions in the classified service of the state service. In reviewing the classifications, they shall consider the feasibility of reducing the number of classifications, as well as establishing a new system of classification, in order to increase administrative efficiency and better meet the needs of the state civil service.

AB373,36,13 2. The Wisconsin Human Resources Handbook.

AB373,36,14 3. The compensation plan under section 230.12 (1) of the statutes.

AB373,36,15 4. The feasibility of requiring all state agencies to use electronic personnel files.

AB373,36,17 5. The feasibility of requiring all state agencies to use a uniform personnel evaluation system.

AB373,36,21 (b) The administrator and director shall submit their findings under paragraph (a) no later than January 1, 2017, to the governor and to the chief clerk of each house of the legislature for distribution to the legislature under section 13.172 (2) of the statutes.

AB373,95 Section 95. Initial applicability.