SB285,17,1715
230.16
(11) Records of
examinations, including a transcript or recorded tape
16of oral examinations, given under this subchapter applicants shall be retained for at
17least one year. Inspection of such records shall be regulated by rules of the director.
SB285,17,2520
230.17
(1) The director shall provide by rule, the conditions, not otherwise
21provided by law, under which an
applicant eligible may be refused
examination or
22reexamination, or an eligible refused certification. These conditions shall be based
23on sufficient reason and shall reflect sound technical personnel management
24practices and those standards of conduct, deportment
, and character necessary and
25demanded to the orderly, efficient
, and just operation of the state service.
SB285,18,153
230.17
(2) If the director refuses
to examine an applicant, or after an
4examination to certify an eligible, as provided in this section, the director, if
5requested by the applicant so rejected within 10 days of the date of receipt of the
6notice of rejection, shall give the applicant a full and explicit statement of the exact
7cause of such refusal
to examine or to certify. Applicants may appeal to the
8commission the decision of the director to refuse to
examine or certify under s. 230.44
9(1) (a). Upon request of an applicant or an eligible for a civil service position who has
10a disability, the department of health services shall obtain from the director a
11detailed description of all duties entailed by such position and shall determine and
12report its findings to the director, as to the ability of the applicant, or eligible, to
13perform the duties of such position. Such findings shall be conclusive as to the
14qualifications of any applicant, or eligible, so examined. A notice of rejection shall
15notify an applicant or eligible of his or her rights under this subsection.
SB285,19,3
18230.18 Discrimination prohibited. No question in any form of application
19or in any
examination evaluation used in the hiring process may be so framed as to
20elicit information concerning the partisan political or religious opinions or
21affiliations of any applicant nor may any inquiry be made concerning such opinions
22or affiliations and all disclosures thereof shall be discountenanced except that the
23director may evaluate the competence and impartiality of applicants for positions
24such as clinical chaplain in a state institutional program. No discriminations may
25be exercised in the recruitment, application,
examination or hiring process against
1or in favor of any person because of the person's political or religious opinions or
2affiliations or because of age, sex, disability, race, color, sexual orientation, national
3origin
, or ancestry except as otherwise provided.
SB285,48
8Section
48. 230.19 (3) of the statutes is repealed.
SB285,19,1311
230.21
(1) Subject to s. 230.275, the director may, to meet the needs of the
12service, establish separate recruitment
, examination and certification procedures
13for filling positions in unskilled labor and service classes.
SB285,19,2016
230.21
(2) The director may designate classifications in which applicants are
17in critically short supply and may develop such recruitment
, examination and
18certification processes as will provide agencies with prompt certification when
19qualified applicants can be found, provided that due notice has been given and proper
20competitive standards have been maintained.
SB285,20,323
230.21
(3) The director shall designate classifications in prison industries in
24the department of corrections as critical positions requiring expeditious hiring and
25shall develop such recruitment
, examination and certification processes as will
1provide the department with prompt certification when qualified applicants can be
2found, provided that due notice has been given and proper competitive standards
3have been maintained.
SB285,20,15
6230.213 Affirmative action procedures for corrections positions. The
7director may, to meet affirmative action objectives, establish such recruitment
,
8examination and certification procedures for positions in the department of
9corrections as will enable the department of corrections to increase the number of
10employees of a specified gender or a specified racial or ethnic group in those positions.
11The director shall design the procedures to obtain a work force in the department of
12corrections that reflects the relevant labor pool. The director may determine the
13relevant labor pool from the population of the state or of a particular geographic area
14of the state, whichever is more appropriate for achieving the affirmative action
15objective.
SB285,21,518
230.24
(1) The administrator may by rule develop a career executive program
19that emphasizes excellence in administrative skills in order to provide agencies with
20a pool of highly qualified executive candidates, to provide outstanding
21administrative employees a broad opportunity for career advancement
, and to
22provide for the mobility of such employees among the agencies and units of state
23government for the most advantageous use of their managerial and administrative
24skills. To accomplish the purpose of this program, the director may provide policies
25and standards for recruitment,
examination, probation, employment register
1control, certification, transfer, promotion
, and reemployment, and the director may
2provide policies and standards for classification and salary administration, separate
3from procedures established for other employment. The administrator shall
4determine the positions which may be filled from career executive employment
5registers.
SB285,54
6Section
54. 230.24 (2) of the statutes is amended to read:
SB285,21,137
230.24
(2) A vacancy in a career executive position may be filled
only through
8an open competitive
examination, a competitive promotional examination or by
9restricting competition to employees in career executive positions
hiring process in
10order to achieve and maintain a highly competent work force in career executive
11positions, with due consideration given to affirmative action.
The appointing
12authority shall consider the guidelines under s. 230.19 when deciding how to fill a
13vacancy under this paragraph.
SB285,22,216
230.25
(1) Appointing authorities shall give written notice to the director of any
17vacancy to be filled in any position in the classified service. The director shall certify,
18under this subchapter and the rules of the director, from the register of eligibles
19appropriate for the kind and type of employment, the grade and class in which the
20position is classified, any number of names at the head thereof. In determining the
21number of names to certify, the director shall use statistical methods and personnel
22management principles that are designed to maximize the number of certified names
23that are appropriate for filling the specific position vacancy. Up to 2 persons
24considered for appointment 3 times and not selected may be removed from the
1register for each 3 appointments made.
Certification under this subsection shall be
2made before granting any preference under s. 230.16 (7).
SB285,57
5Section
57. 230.25 (1m) of the statutes is repealed.
SB285,22,108
230.25
(1n) (a) (intro.) After certifying names under
subs. sub. (1)
, (1g) and 9(1m), the director may engage in expanded certification by doing one or more of the
10following:
SB285,22,1813
230.25
(2) (a) When certifying names to appointing authorities under this
14section, the director shall specify whether the certification includes qualifying
15veterans or persons the hiring of whom would serve affirmative action purposes,
16without divulging the names of those individuals.
The director shall not disclose any
17applicant's test score, with or without the addition of veterans preference points
18under s. 230.16 (7), to the appointing authority.
SB285,60
19Section
60. 230.25 (2) (am) of the statutes is created to read:
SB285,22,2220
230.25
(2) (am) 1. If the certification list for a position includes a veteran and
21the appointing authority extends invitations to interview candidates for the position,
22the appointing authority shall extend an invitation to interview to the veteran.
SB285,23,223
2. If a veteran is included on a certification list and if the minimum
24qualifications and the skills, abilities, competencies, and knowledge of the veteran
1and any other applicant being interviewed for the position are equal, the appointing
2authority shall give a preference to the veteran for the position.
SB285,23,63
3. If the certification list for a position includes an individual who is any of the
4following and the appointing authority extends invitations to interview candidates
5for the position, the appointing authority shall extend an invitation to interview to
6the individual:
SB285,23,77
a. A spouse of a disabled veteran whose disability is at least 70 percent.
SB285,23,88
b. An unremarried spouse of a veteran who was killed in action.
SB285,23,109
c. An unremarried spouse of a veteran who died of a service-connected
10disability.
SB285,23,1711
4. If an appointing authority does not appoint an eligible veteran and does
12appoint an eligible nonveteran to a position, no later than 30 days after making the
13appointment the appointing authority shall file with the director, in writing, the
14reasons for the appointing authority's decision. Any information filed under this
15subdivision is part of the veteran's record. The director may not make any
16information filed under this subdivision available to anyone other than the veteran
17unless directed to do so by the appointing authority who filed the information.
SB285,24,320
230.25
(2) (b) Unless otherwise provided in this subchapter or the rules of the
21director, appointments shall be made by appointing authorities to all positions in the
22classified service from among those certified to them in accordance with this section.
23Appointments shall be made within
60 30 days after the date of certification unless
24an exception is made by the director. If an appointing authority does not make an
25appointment within
60 30 days after certification, he or she shall immediately report
1in writing to the director the reasons therefor. If the director determines that the
2failure to make an appointment is not justified under the merit system, the director
3shall issue an order directing that an appointment be made.
SB285,62
4Section
62. 230.25 (3) (a) of the statutes is amended to read:
SB285,24,105
230.25
(3) (a) Subject to par. (b), the term of eligibility on
original entrance and
6promotional registers is 6 months and thereafter the register expires but may be
7reactivated by the administrator for up to 3 years from the date of the establishment
8of the register.
Except as provided in ss. 230.28 and 230.34, the eligibility of
9individuals for reinstatement is 5 years and the eligibility of individuals for
10restoration is 3 years.
SB285,24,2413
230.26
(2) If there are urgent reasons for filling a vacancy in any position in
14the classified service and the director is unable to certify to the appointing authority,
15upon requisition by the latter, a list of persons eligible for appointment from an
16appropriate employment register, the appointing authority may nominate a person
17to the director
for noncompetitive examination. If the nominee is certified by the
18director as qualified, the nominee may be appointed provisionally to fill the vacancy
19until an appointment can be made from a register established after announcement
20of competition for the position, except that no provisional appointment may be
21continued for more than 45 working days after the date of certification from the
22register. Successive appointments may not be made under this subsection. This
23subsection does not apply to a person appointed to a vacant position in the classified
24service under s. 230.275.
SB285,64
25Section
64. 230.26 (4) of the statutes is amended to read:
SB285,25,7
1230.26
(4) Fringe benefits specifically authorized by statutes, with the
2exception of deferred compensation plan participation under subch. VII of ch. 40,
3worker's compensation, unemployment insurance, group insurance, retirement, and
4social security coverage, shall be denied employees hired under this section. Such
5employees may not be considered permanent employees and do not qualify for
6tenure, vacation, paid holidays, sick leave, performance awards, or the right to
7compete in promotional
examinations processes.
SB285,25,2110
230.28
(1) (a) All original and all promotional appointments to permanent,
11sessional
, and seasonal positions, with the exception of those positions designated
12as supervisor or management under s. 111.81, in the classified service shall be for a
13probationary period of
6 months, but the director at the request of the appointing
14authority and in accordance with the rules related thereto may extend any such
15period for a maximum of 3 additional months 2 years, unless the probationary period
16is waived after one year under par. (c). Dismissal may be made at any time during
17such periods. Upon such dismissal, the appointing authority shall report to the
18director and to the employee removed, the dismissal and the reason therefor. The
19director may remove an employee during the employee's probationary period if the
20director finds, after giving notice and an opportunity to be heard, that such employee
21was appointed as a result of fraud or error.
SB285,66
22Section
66. 230.28 (1) (am) of the statutes is amended to read:
SB285,26,623
230.28
(1) (am) All probationary periods for employees in supervisory or
24management positions are
one year 2 years unless waived after
6 months one year 25under par. (c). The waiver under par. (c) may be exercised for an employee in a
1supervisory position only if the employee has successfully completed a supervisory
2development program under s. 230.046 (2). However, persons who transfer or are
3reinstated to supervisory or management positions consistent with conditions under
4sub. (4) and who had previously obtained permanent status in class in a supervisory
5or management position prior to the transfer or reinstatement shall serve a
6probationary period in accordance with sub. (4).
SB285,26,1311
230.28
(1) (c) Upon request by the appointing authority, the director may waive
12any portion of
the lengthened a probationary period but in no case before a
6-month 13one-year probationary period has been served.
SB285,69
14Section
69. 230.28 (6) of the statutes is repealed.
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:
SB285,72
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.
SB285,29,128
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.
SB285,29,1815
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.
SB285,30,421
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: