SB285,70 15Section 70. 230.31 (1) (intro.) of the statutes is amended to read:
SB285,26,2016 230.31 (1) (intro.) Any person who has held a position and obtained permanent
17status in a class under the civil service law and rules and who has separated from
18the service before the effective date of this subsection .... [LRB inserts date], without
19any delinquency or misconduct on his or her part but owing to reasons of economy
20or otherwise shall be granted the following considerations:
SB285,71 21Section 71. 230.31 (2) of the statutes, as affected by 2015 Wisconsin Act 55,
22is repealed.
SB285,72 23Section 72. 230.31 (3) of the statutes is created to read:
SB285,27,324 230.31 (3) Any person who has held a position and obtained permanent status
25in class under the civil service law and rules and who is laid off on or after the

1effective date of this subsection .... [LRB inserts date], is eligible for reinstatement
2in a position having a comparable or lower pay rate or range for which such person
3is qualified for a 3-year period from the date of the layoff.
SB285,73 4Section 73. 230.34 (1) (a) of the statutes is renumbered 230.34 (1) (a) (intro.)
5and amended to read:
SB285,27,166 230.34 (1) (a) (intro.) An employee with permanent status in class or an
7employee who has served with the state as an assistant district attorney or an
8assistant state public defender for a continuous period of 12 months or more may be
9removed, suspended without pay, discharged, reduced in base pay, or demoted only
10for just cause. It is just cause to remove, suspend without pay, discharge, reduce the
11base pay of, or demote an employee for work performance or personal conduct that
12is inadequate, unsuitable, or inferior, as determined by the appointing authority, but
13only after imposing progressive discipline that complies with the administrator's
14standards under s. 230.04 (13m). It is just cause to remove, suspend without pay,
15discharge, reduce the base pay of, or demote an employee without imposing
16progressive discipline for any of the following conduct:
SB285,74 17Section 74. 230.34 (1) (a) 1. to 9. of the statutes are created to read:
SB285,27,1818 230.34 (1) (a) 1. While on duty, harassing a person.
SB285,27,1919 2. While on duty, intentionally inflicting physical harm on another person.
SB285,27,2220 3. While on duty, being intoxicated or under the influence of a controlled
21substance, as defined in s. 961.01 (4), or a controlled substance analog, as defined in
22s. 961.01 (4m).
SB285,27,2523 4. While on duty, being in possession of a controlled substance, as defined in
24s. 961.01 (4), or a controlled substance analog, as defined in s. 961.01 (4m), without
25a prescription.
SB285,28,1
15. Falsifying records of the agency.
SB285,28,62 6. Theft of agency property or services with intent to deprive an agency of the
3property or services permanently, theft of currency of any value, felonious conduct
4connected with the employee's employment with the agency, or intentional or
5negligent conduct by an employee that causes substantial damage to agency
6property.
SB285,28,97 7. A conviction of an employee of a crime or other offense subject to civil
8forfeiture, while on or off duty, if the conviction makes it impossible for the employee
9to perform the duties that the employee performs for the agency.
SB285,28,1210 8. Misuse or abuse of agency property, including the intentional use of the
11agency's equipment to download, view, solicit, seek, display, or distribute
12pornographic material.
SB285,28,1413 9. A serious violation of the code of ethics established by the director under s.
1419.45 (11) (a), as determined by the director.
SB285,75 15Section 75. 230.34 (1) (am) of the statutes is amended to read:
SB285,28,2416 230.34 (1) (am) If an employee fails to report for work as scheduled or to contact
17his or her supervisor, the appointing authority may discipline the employee. If an
18employee fails to report for work as scheduled, or to contact his or her supervisor for
19a minimum of 5 consecutive 3 working days during a calendar year, the appointing
20authority shall consider the employee's position abandoned and may discipline the
21employee or treat the employee as having resigned his or her position. If the
22appointing authority decides to treat the position abandonment as a resignation, the
23appointing authority shall notify the employee in writing that the employee is being
24treated as having effectively resigned as of the end of the last day worked.
SB285,76 25Section 76. 230.34 (2) (a) of the statutes is amended to read:
SB285,29,5
1230.34 (2) (a) The An appointing authority shall determine the order of layoff
2of such employees may be determined by seniority or primarily based on job
3performance or a combination thereof or by other factors , and thereafter, in
4accordance with the rules of the director, on disciplinary records, seniority, and
5ability
.
SB285,77 6Section 77. 230.34 (2) (b) of the statutes, as affected by 2015 Wisconsin Act 55,
7is amended to read:
SB285,29,128 230.34 (2) (b) The director shall promulgate rules governing layoffs and
9appeals therefrom and alternative procedures in lieu of layoff to include voluntary
10and involuntary demotion and the exercise of a displacing right to a comparable or
11lower class
, as well as the subsequent employee right of restoration or eligibility for
12reinstatement.
SB285,78 13Section 78. 230.35 (3) (d) of the statutes, as affected by 2015 Wisconsin Act 55,
14is amended to read:
SB285,29,1815 230.35 (3) (d) Employees of the state are entitled to reasonable paid leaves of
16absence to compete in promotional examinations and interviews evaluations. The
17administrator shall promulgate rules governing the lengths of time allowable for
18such leaves, their frequency and the provisions for their use.
SB285,79 19Section 79. 230.37 (1) of the statutes, as affected by 2015 Wisconsin Act 55,
20is amended to read:
SB285,30,421 230.37 (1) In cooperation with appointing authorities the administrator shall
22establish an employee performance evaluation program to provide a continuing
23record of employee development and, when applicable, to serve as a basis for
24pertinent personnel actions. Under the employee performance evaluation program
25established under this subsection, the administrator shall require each appointing

1authority to conduct an annual performance evaluation of each employee appointed
2by the appointing authority.
Similar evaluations shall be conducted during the
3probationary period but may not infringe upon the authority of the appointing
4authority to retain or dismiss employees during the probationary period.
SB285,80 5Section 80. 230.40 (3) of the statutes is repealed.
SB285,81 6Section 81. 230.43 (1) (title) of the statutes is amended to read:
SB285,30,87 230.43 (1) (title) Obstruction Hiring process; obstruction or falsifications
8of examinations.
SB285,82 9Section 82. 230.43 (1) (a) of the statutes is renumbered 230.43 (1) (intro.) and
10amended to read:
SB285,30,1311 230.43 (1) (intro.) Any person who willfully, alone or in cooperation with one
12or more persons, defeats does any of the following is, for each offense, guilty of a
13misdemeanor:
SB285,30,16 14(am) Willfully defeats, deceives or obstructs any person in respect of the rights
15of examination application or registration under this subchapter or any rules
16prescribed pursuant thereto, or.
SB285,83 17Section 83. 230.43 (1) (b) of the statutes is amended to read:
SB285,30,2118 230.43 (1) (b) Who willfully, Willfully or corruptly, falsely marks, grades,
19estimates, or reports upon the examination an application or resume, or proper
20standing of any person examined evaluated, registered, or certified, pursuant to this
21subchapter, or aids in so doing, or.
SB285,84 22Section 84. 230.43 (1) (c) of the statutes is amended to read:
SB285,30,2523 230.43 (1) (c) Who willfully Willfully or corruptly makes any false
24representations concerning the same, or concerning the person examined an
25applicant, or.
SB285,85
1Section 85. 230.43 (1) (d) of the statutes is amended to read:
SB285,31,52 230.43 (1) (d) Who willfully Willfully or corruptly furnishes any person any
3special or secret information for the purpose of either improving or injuring the
4prospects or chances of any persons so examined evaluated, registered, or certified,
5being appointed, employed, or promoted, or.
SB285,86 6Section 86. 230.43 (1) (e) of the statutes is amended to read:
SB285,31,107 230.43 (1) (e) Who personates Personates any other person, or permits or aids
8in any manner any other person to personate him or her in connection with any
9examination, registration, application, or request to be examined evaluated or
10registered, shall for each offense be guilty of a misdemeanor.
SB285,87 11Section 87. 230.43 (5) of the statutes, as affected by 2015 Wisconsin Act 55,
12is amended to read:
SB285,31,2113 230.43 (5) Taxpayers' suits. The right of any taxpayer to bring any action to
14restrain the payment of compensation to any person appointed to or holding any
15office or place of employment in violation of this subchapter shall not be limited or
16denied by reason of the fact that the office or place of employment has been classified
17as, or determined to be, not subject to a competitive examination hiring process;
18however, any judgment or injunction in any such action shall be prospective only, and
19shall not affect payments already made or due to such persons by the proper
20disbursing officers, in accordance with the rules of the administrator in force at the
21time of such payments.
SB285,88 22Section 88. 230.44 (1) (c) of the statutes is amended to read:
SB285,32,423 230.44 (1) (c) Demotion, layoff, suspension or discharge. If an employee has
24permanent status in class, or an employee has served with the state as an assistant
25district attorney or an assistant state public defender for a continuous period of 12

1months or more, the employee may appeal a demotion, layoff, suspension, discharge
2or reduction in base pay to the commission as the final step in the state employee
3grievance procedure process established under s. 230.04 (14) 230.445, if the appeal
4alleges that the decision was not based on just cause.
SB285,89 5Section 89. 230.44 (1) (e) of the statutes is amended to read:
SB285,32,106 230.44 (1) (e) Discretionary performance awards. This subsection does not
7apply to decisions of an appointing authority relating to discretionary performance
8awards under s. 230.12 (5) or under the discretionary merit award program
9established under s. 230.04 (19)
, including the evaluation methodology and results
10used to determine the award or the amount awarded.
SB285,90 11Section 90. 230.445 of the statutes is created to read:
SB285,32,13 12230.445 Grievance process for demotion, suspension, discharge,
13layoff, or reduction in base pay.
(1) In this section:
SB285,32,1514 (a) "Adverse employment decision" means a decision to demote, layoff, suspend
15without pay, discharge, or reduce the base pay of an employee.
SB285,32,1816 (b) "Employee" means an employee who has obtained permanent status in class
17or an employee who has served with the state as an assistant district attorney or an
18assistant state public defender for a continuous period of 12 months or more.
SB285,32,23 19(2) An employee may file a complaint under this section concerning the
20application of a law, rule, or policy to an adverse employment decision against the
21employee. If an employee does not file a complaint or an appeal by an applicable
22deadline under sub. (3), the employee waives his or her right to appeal the adverse
23employment decision under this chapter.
SB285,33,3 24(3) (a) 1. To commence the grievance process for an adverse employment action,
25an employee shall file a complaint with the employee's appointing authority

1challenging the adverse employment decision against the employee no later than 14
2days after the employee becomes aware of, or should have become aware of, the
3decision that is the subject of the complaint.
SB285,33,104 2. An appointing authority, or his or her designee, who receives a timely
5complaint under subd. 1. shall conduct any investigation he or she considers
6necessary, meet with with the employee in person, and issue a decision, in writing,
7not later than 14 days after the date of which the appointing authority, or his or her
8designee, received the employee's complaint. If the appointing authority does not
9issue a written decision within 15 days after receiving the employee's complaint, the
10employee may appeal to the administrator under par. (b).
SB285,33,1511 (b) 1. If an appointing authority does not find in favor of the employee under
12par. (a), the employee may appeal the appointing authority's decision by filing a
13complaint with the administrator. The employee may file a compliant under this
14subdivision no later than 14 days after the date of the appointing authority's
15decision.
SB285,33,2116 2. If the administrator receives a timely complaint under subd. 1., the
17administrator shall review the complaint and the appointing authority's written
18decision, and shall issue a decision, in writing, no later than 30 days after the date
19the employee filed a complaint with the administrator. If the administrator does not
20issue a written decision within 31 days after receiving the employee's complaint, the
21employee may appeal to the commission under par. (c).
SB285,34,622 (c) 1. An employee or an appointing authority may appeal a decision issued by
23the administrator under par. (b) by filing an appeal with the commission. The
24employee or appointing authority may file an appeal with the commission no later
25than 14 days after receiving the administrator's decision. Within 10 days of receiving

1an appeal, the commission shall determine whether all procedural requirements
2were completed properly and in a timely manner. If a procedural requirement was
3not met, the commission shall dismiss the appeal. If all of the procedural
4requirements were met, the commission shall hear the appeal under s. 230.44 (4),
5except that the commission shall issue a decision on the appeal no later than 120 days
6after the date the appeal is filed with the commission.
SB285,34,97 2. To ensure that the commission issues its decision no later than 120 days after
8an appeal is filed under this paragraph, all of the following apply to a hearing before
9the commission for an appeal under this paragraph:
SB285,34,1210 a. The parties shall participate in a pre-hearing conference no later than 20
11days after the filing of the appeal. The commission shall set the date of the hearing
12at the pre-hearing conference.
SB285,34,1313 b. Discovery shall be completed no later than 60 days after the appeal is filed.
SB285,34,1514 c. The commission shall rule on all motions no later than 30 days before the date
15of the hearing.
SB285,34,1816 d. The commission may only grant an extension to a deadline provided in this
17subdivision for extraordinary circumstances. The commission may not grant an
18extension beyond the 120 day limit for issuing its decision.
SB285,34,2019 e. Continuances of the hearing may be granted only in extraordinary
20circumstance, as determined by the commission.
SB285,91 21Section 91. 321.65 (3) (g) of the statutes is amended to read:
SB285,35,222 321.65 (3) (g) Veterans preferences. The right of a person to reemployment
23under this subsection does not entitle the person to retention, preference, or
24displacement rights over any person who has a superior claim under s. 45.03 (4),

162.13 (4) (d), 63.08 (1) (f) or (fm), 63.37, 63.39 (2m), 66.0509 (1), 230.15 (2m), 230.16
2(7) or (7m), 230.21 (1m), 230.25, or 230.275.
SB285,92 3Section 92. 2015 Wisconsin Act 55, section 9101 (5n) (a) is amended to read:
SB285,35,114[2015 Wisconsin Act 55] Section 9101 (5n) (a) In this subsection, "agency"
5means the board of commissioners of public lands; the educational communications
6board; the department of financial institutions; the government accountability
7board; the higher educational aids board; the state historical society; the public
8service commission; the department of safety and professional services; the state fair
9park board; the department of tourism
any agency within the executive branch of
10state government, other than the Board of Regents of the University of Wisconsin
11System
.
SB285,93 12Section 93 . 2015 Wisconsin Act 55, section 9101 (5n) (b) is amended to read:
SB285,36,213[2015 Wisconsin Act 55] Section 9101 (5n) (b) The By January 1, 2017, the
14department of administration shall consult with each agency and develop a plan for
15assuming responsibility for services relating to human resources,. By January 1,
162017, the department of administration shall also consult with the board of
17commissioners of public lands, the educational communications board, the
18department of financial institutions, the government accountability board, the
19higher educational aids board, the state historical society, the public service
20commission, the department of safety and professional services, the state fair park
21board, and the department of tourism and develop a plan for assuming responsibility
22for services related to
payroll, finance, budgeting, procurement, and information
23technology for any agency these agencies. The department of administration shall
24include in the each plan which services would be provided to each agency, which

1positions would be deleted or transferred, and the number and type of positions and
2associated funding that would be provided to the department of administration.
SB285,94 3Section 94 . Nonstatutory provisions.
SB285,36,74 (1) Study of certain aspects of the state civil service system. (a) The
5administrator of the division of personnel management in the department of
6administration and the director of the bureau of merit recruitment and selection in
7the department of administration shall jointly review all of the following:
SB285,36,128 1. The classifications for all positions in the classified service of the state
9service. In reviewing the classifications, they shall consider the feasibility of
10reducing the number of classifications, as well as establishing a new system of
11classification, in order to increase administrative efficiency and better meet the
12needs of the state civil service.
SB285,36,1313 2. The Wisconsin Human Resources Handbook.
SB285,36,1414 3. The compensation plan under section 230.12 (1) of the statutes.
SB285,36,1515 4. The feasibility of requiring all state agencies to use electronic personnel files.
SB285,36,1716 5. The feasibility of requiring all state agencies to use a uniform personnel
17evaluation system.
SB285,36,2118 (b) The administrator and director shall submit their findings under paragraph
19(a) no later than January 1, 2017, to the governor and to the chief clerk of each house
20of the legislature for distribution to the legislature under section 13.172 (2) of the
21statutes.
SB285,95 22Section 95. Initial applicability.
SB285,36,2523 (1) Information about conviction record. The creation of section 230.16 (1)
24(ap) of the statutes first applies to an application for employment in the civil service
25submitted on the effective date of this subsection.
SB285,37,3
1(2) Hiring preference for veterans and spouses of veterans. The creation of
2section 230.25 (2) (am) of the statutes first applies to a certification list for a position
3that is posted on the effective date of this subsection.
SB285,37,64 (3) Mandatory review of personnel file. The creation of section 230.15 (7) of
5the statutes first applies to an offer of employment made on the effective date of this
6subsection.
SB285,37,97 (4) Probationary periods. The treatment of section 230.28 (1) (a), (am), (b), and
8(c) of the statutes first applies to a probationary period that begins on the effective
9date of this subsection.
SB285,37,1310 (5) Standards for adverse employment actions against employees. The
11treatment of section 230.34 (1) (a) and (am) of the statutes and the creation of section
12230.34 (1) (a) 1. to 9. of the statutes first apply to employee discipline for conduct that
13occurs on the effective date of this subsection.
SB285,37,1814 (6) Grievance process for adverse employment actions against employees.
15The treatment of section 230.44 (1) (c) of the statutes and the creation of section
16230.445 of the statutes first apply to an adverse employment action, as defined in
17section 230.445 (1) (a) of the statutes, as created by this act, taken against an
18employee on the effective date of this subsection.
SB285,37,2219 (7) Reinstatement privileges; separation from the classified service to fill
20an elective position.
The treatment of section 230.40 (3) of the statutes first applies
21to a person who separates from the classified service on the effective date of this
22subsection.
SB285,96 23Section 96. Effective dates. This act takes effect on July 1, 2016, except as
24follows:
SB285,38,2
1(1) Study of the state civil service system. Section 94 (1) of this act takes
2effect on the day after publication.
SB285,38,33 (End)
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