230.04(9)(c) (c) Monitor, evaluate and make recommendations to each agency to improve its progress toward providing equal opportunity to employes, applicants for employment and clients of the agency.
230.04(9)(d) (d) Provide each agency with technical assistance in exploring and implementing innovative personnel policies in compliance with standards established under par. (a).
230.04(9)(e) (e) Annually, prepare and submit to the governor and the legislature a summary of existing agency affirmative action program accomplishments, including the information obtained from agencies under sub. (10) (b), future goals and recommended actions.
230.04(9)(em) (em) Annually, prepare and submit to the governor and the legislature a summary of the progress being made to provide employment opportunities in civil service for veterans under this chapter, including the information obtained from agencies under sub. (10) (c).
230.04(9)(f) (f) Establish an affirmative action subunit reporting directly to the secretary. The affirmative action subunit shall advise and assist the secretary, the administrator and agency heads on establishing policies and programs to ensure appropriate affirmative action. The subunit shall advise and assist the secretary in monitoring such programs and shall provide staff to the affirmative action council.
230.04(9m) (9m) The secretary shall conduct periodic reviews and evaluations of the written records of hiring decisions made by appointing authorities under ss. 230.21 (1m), 230.25 (1p) and 230.27 (2k).
230.04(9r) (9r)
230.04(9r)(a)(a) In this subsection:
230.04(9r)(a)1. 1. "Independent" means the extent to which persons with disabilities exert control and choice over their own lives.
230.04(9r)(a)2. 2. "Severely disabled employe" means an employe in the classified service with a chronic disability if the chronic disability meets all of the following conditions:
230.04(9r)(a)2.a. a. It is attributable to a mental or physical impairment or combination of mental and physical impairments.
230.04(9r)(a)2.b. b. It is likely to continue indefinitely.
230.04(9r)(a)2.c. c. It results in substantial functional limitations in one or more of the following areas of major life activity: self-care; receptive and expressive language; learning; mobility; capacity for independent living; and economic self-sufficiency.
230.04(9r)(b) (b) The secretary shall keep a record of all of the following:
230.04(9r)(b)1. 1. The number of severely disabled employes and the percentage of severely disabled employes of the total number of employes in the classified service.
230.04(9r)(b)2. 2. The number of severely disabled employes hired in each calendar year and the percentage of severely disabled employes among all persons hired in the classified service in that year.
230.04(10) (10)
230.04(10)(a)(a) The secretary may require all agencies and their officers to comply with the secretary's request to furnish current information pertaining to authorized positions, payroll and related items regarding civil service and employment relations functions.
230.04(10)(b) (b) The secretary shall request from each agency and each agency shall furnish to the secretary relevant racial, ethnic, gender and handicap information on every new employe hired by the agency including limited term, project, seasonal and sessional employes. The secretary shall maintain the data to permit a periodic review of the agency's affirmative action plan accomplishments.
230.04(10)(c) (c) The secretary shall request from each agency and each agency shall furnish to the secretary relevant information regarding the prior military service, if any, of every new employe hired by the agency including limited term, project, seasonal and sessional employes. The secretary shall maintain the data to permit a periodic review of the progress being made to provide employment opportunities in civil service for veterans and disabled wartime veterans.
230.04(11) (11) The secretary may provide by rule for an understudy program to assure continuity in selected positions.
230.04(12) (12) The secretary shall keep in the office an official roster of all permanent classified employes which shall include classification titles, pay and employment status changes and appropriate dates thereof.
230.04(13) (13) The secretary shall do all of the following:
230.04(13)(a) (a) Establish standards for plans to increase state employment of recipients of aid under s. 49.19 or benefits under s. 49.147 (3) to (5) prepared by agencies under s. 230.147 (1). The standards shall state the time periods within which these plans shall be prepared.
230.04(13)(b) (b) Review and approve or disapprove plans prepared under s. 230.147 (1) to ensure compliance with the standards established under par. (a).
230.04(13)(c) (c) Monitor, evaluate and make recommendations to agencies to improve progress toward meeting the goal in s. 230.147 (1).
230.04(13)(e) (e) On or before September 30 annually beginning in 1989, prepare and submit to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2) a report that includes all of the following information for the fiscal year preceding the date that the report is due:
230.04(13)(e)1. 1. A description of each agency's effort during that fiscal year to employ under s. 230.147 persons who received aid under s. 49.19 or benefits under s. 49.147 (3) to (5).
230.04(13)(e)2. 2. The number of persons receiving aid under s. 49.19 or benefits under s. 49.147 (3) to (5) who were employed by each agency under s. 230.147 during that fiscal year and the job title or classification of each position filled under s. 230.147.
230.04(14) (14) The secretary shall establish, by rule, the scope and minimum requirements of a state employe grievance procedure relating to conditions of employment.
230.04(15) (15) The secretary shall review and either approve or disapprove each determination by an agency head regarding the classification of a state employe as a protective occupation participant for purposes of the Wisconsin retirement system.
230.046 230.046 Training programs.
230.046(1)(1)Declaration of policy. In order to promote efficiency and economy in the operation of the state government, to provide means for the development of maximum proficiency by employes thereof, to establish and maintain the highest standards of performance in the transaction of the state's business, and to install and utilize effectively the best modern practices and techniques which have been developed, tested and proved, it is necessary and desirable in the public interest that self-improvement be supplemented and extended by state-sponsored training programs. The objective of these programs is to develop skills, knowledge, and abilities which will best qualify state employes for effective performance of their official duties, and to retain skilled and efficient state employes in order to continually improve the quality of public service.
230.046(2) (2)Supervisory training. After initial appointment to a supervisory position, the appointing authority shall ensure that each classified service supervisor successfully completes a supervisory development program approved by the secretary. A waiver of any part of the probationary period under s. 230.28 (1) (c) may not be granted before completion of the development program. The program shall include such subjects as state personnel policies, grievance handling, discipline, performance evaluation, understanding the concerns of state employes with children, the supervisor's role in management and the concept of the total quality leadership process, including quality improvement through participatory management.
230.046(3) (3)Training programs. The secretary, pursuant to sub. (5), may authorize appointing authorities to:
230.046(3)(a) (a) Provide off-the-job specialized training courses during working hours to designated employes without loss of pay.
230.046(3)(b) (b) Provide specialized training to qualified persons through educational stipends in lieu of pay, but in no event shall a monthly stipend exceed the minimum pay of the position for which training is undertaken.
230.046(3)(c) (c) Provide specialized training to designated employes through assignment to research projects, prescribed courses of study, institutes and short courses which are related to the performance of official duties and to pay the cost of required tuition and other necessary fees and expense in connection therewith.
230.046(3)(d) (d) Conduct on-the-job courses of instruction deemed necessary for the efficient performance of agency functions and to pay honorariums to qualified experts instructing in such courses.
230.046(3)(e) (e) Conduct other training programs consistent with the standards set by this section.
230.046(4) (4)Records of training program participation. Each agency shall adopt a standardized system for measuring, recording, reporting, accumulating and recognizing employe participation in its training program. The system may not take effect until approved by the secretary.
230.046(5) (5)Initiation of programs. Unless otherwise empowered by law, any agency desiring to initiate a training program under sub. (3) shall certify to the secretary that:
230.046(5)(a) (a) Unencumbered appropriated funds are available or funds have been so provided by the joint committee on finance;
230.046(5)(b) (b) Training costs estimated to exceed $500, excluding the compensation of participants, have been included in the budget and approved by the legislature or the joint committee on finance, and such costs will be encumbered for training purposes on the records of the agency;
230.046(5)(c) (c) An agreement has been entered into by the trainee and the appointing authority relative to employment with the state, together with such other terms and conditions as may be necessary under the rules of the secretary whenever on-the-job trainees are employed; and
230.046(5)(d) (d) The immediate and necessary work requirements of the agency will not be seriously handicapped because of such training program.
230.046(6) (6)Gifts and grants. Nothing in this section shall nullify the acceptance or the special conditions of training programs financed by gifts, grants, bequests and devises from individuals, partnerships, associations, limited liability companies or corporations and all subventions from the United States, unless such financing has been refused by the state under s. 16.54 or 20.907.
230.046(7) (7)Establish internships. The secretary shall establish in the classified service in-service training internships designed to give rigorous training in public service administration for periods not to exceed 3 years under the direct supervision of experienced administrators.
230.046(8) (8)Cooperate for scholarship loans. To stimulate the interest of qualified students of exceptional merit in government career service, the secretary shall cooperate with the board of regents of the university of Wisconsin system in providing opportunities for recipients of public service scholarship loans to secure employment under the internship plan.
230.046(9) (9)Tuition refund program. The secretary may establish by rule in the classified service a tuition refund program to supplement departmental training, to encourage employe job-related development and, upon satisfactory completion of training under this program to refund to the employe, an amount not to exceed the cost of tuition and necessary fees.
230.046(10) (10)Department functions.
230.046(10)(a)(a) In this subsection, "local governmental unit" means a political subdivision of this state, a special purpose district in this state, an agency or corporation of such a political subdivision or special purpose district, or a combination or subunit of any of the foregoing.
230.046(10)(b) (b) The department may do all of the following:
230.046(10)(b)1. 1. Conduct off-the-job employe development and training programs and in cooperation with the appointing authorities shall coordinate state-sponsored employe development training programs.
230.046(10)(b)2. 2. Offer employe development and training programs under subd. 1. to employes of local governmental units, if the employes of the local governmental units are enrolled only as space is available and the local governmental units pay the same fees for the program as are charged for state employes.
230.046(10)(b)3. 3. Charge fees to state agencies and local governmental units whose employes participate in employe development and training programs under this subsection.
230.046(11) (11)Rules. The secretary shall promulgate rules for the implementation of this section.
230.046 History History: 1971 c. 100 s. 23; 1971 c. 270 ss. 56, 91; Stats. 1971 s. 16.33; 1975 c. 39 s. 732 (1); 1977 c. 29; 1977 c. 196 ss. 60, 103, 130 (4), (6m), (11), 131; Stats. 1977 s. 230.046; 1979 c. 221; 1981 c. 20; 1985 a. 29; 1989 a. 31; 1993 a. 112.
230.047 230.047 Temporary interchange of employes.
230.047(1) (1)Declaration of policy. Intergovernmental cooperation, including that specified in the intergovernmental personnel act of 1970, P.L. 91-648, 84 Stat. 1909, is an essential factor in resolving problems affecting this state. The interchange of personnel on a temporary basis between and among governmental agencies at the same or different levels of government and with institutions of higher education is a significant factor in achieving such cooperation.
230.047(2) (2)Definitions. For the purposes of this section:
230.047(2)(a) (a) "Local government" means any political subdivision, instrumentality or authority of a state or any general or special purpose agency of such a political subdivision, instrumentality or authority.
230.047(2)(b) (b) "Receiving agency" means any department or agency of a foreign government, the federal government or a state or local government, an institution of higher education or other municipal corporate agency which receives an employe of another agency under this section.
230.047(2)(c) (c) "Sending agency" means any department or agency of a foreign government, the federal government or a state or local government, an institution of higher education or other municipal corporate agency which sends any employe thereof to another agency under this section.
230.047(3) (3)Authority to interchange employes. Any department, agency or instrumentality of the state, or institution of higher education or any local government or other municipal corporate agency is authorized to participate in a program of interchange of employes with departments, agencies or instrumentalities of a foreign government, the federal government, another state or local government, an institution of higher education, other municipal corporate agencies or other agencies or instrumentalities of this state as a sending or receiving agency.
230.047(4) (4)Status of employes.
230.047(4)(a)(a) Employes of a sending agency participating in an exchange of personnel as authorized in sub. (3), during such participation, are on detail to regular work assignments of the receiving agency.
230.047(4)(b) (b) Employes who are on detail are entitled to the same salary and benefits to which they would otherwise be entitled and shall remain employes of the sending agency for all purposes, including the payment of their salaries, and their continuous service benefits except that the supervision of their duties during the period of detail may be governed by agreement between the sending agency and the receiving agency, and except that a receiving agency other than a receiving agency of this state may provide supplemental salary and benefits to the employe for the duration of the interchange.
230.047(4)(c) (c) Any employe who participates in an exchange under the terms of this section who suffers disability or death as a result of personal injury arising out of and in the course of an exchange, or sustained in performance of duties in connection therewith, for the purposes of ch. 102, is an employe of the sending agency.
230.047(5) (5)Travel expenses of employes. A sending agency of the state shall not pay the travel expenses of its employes incurred in connection with their work assignments at the receiving agency.
230.047(6) (6)Status of employes of other governments.
230.047(6)(a)(a) When any department, agency or instrumentality of this state acts as a receiving agency, employes of the sending agency who are assigned under authority of this section are on detail to the receiving agency.
230.047(6)(b) (b) Employes who are detailed to the receiving agency shall not by virtue of such detail be considered to be employes thereof, nor shall they be paid a salary or wage by the receiving agency during the period of their detail. The supervision of the duties of such employes during the period of detail may be governed by agreement between the sending agency and the receiving agency.
230.047(7) (7)Travel expenses of employes of other governments. A receiving agency of the state may, in accordance with the travel regulations of such agency, pay travel expenses of persons assigned thereto under this section during the period of such assignments on the same basis as if they were regular employes of the receiving agency.
230.047(8) (8)Administration. The secretary shall promulgate rules for the operation and implementation of this section. The rules shall prescribe the duration, terms and conditions of such interchange.
230.047(9) (9)Salary reimbursements.
230.047(9)(a)(a) Any funds received by a sending agency of the state from a receiving agency as reimbursement for salary expenditures made under an employe interchange agreement shall be credited to the appropriation from which the expenditures were paid.
230.047(9)(b) (b) A receiving agency of the state may, in accordance with the salary provisions of the sending agency, reimburse the sending agency for salary and fringe benefit expenditures for employes on detail to the receiving agency.
230.047 History History: 1971 c. 270 ss. 63, 77; Stats. 1971 s. 16.24; 1975 c. 147 s. 54; 1977 c. 196 s. 55; Stats. 1977 s. 230.047; 1979 c. 89, 221; 1983 a. 27, 189; 1991 a. 75.
subch. II of ch. 230 SUBCHAPTER II
CIVIL SERVICE
230.05 230.05 Powers and duties of the administrator.
230.05(1) (1) All powers necessary for the effective administration of the duties specified for the administrator under this subchapter are reserved to the administrator.
230.05(2) (2)
230.05(2)(a)(a) Except as provided under par. (b), the administrator may delegate, in writing, any of his or her functions set forth in this subchapter to an appointing authority, within prescribed standards if the administrator finds that the agency has personnel management capabilities to perform such functions effectively and has indicated its approval and willingness to accept such responsibility by written agreement. If the administrator determines that any agency is not performing such delegated function within prescribed standards, the administrator shall withdraw such delegated function. The administrator may order transfer to the division from the agency to which delegation was made such agency staff and other resources as necessary to perform such functions if increased staff was authorized to that agency as a consequence of such delegation or if the division reduced staff or shifted staff to new responsibilities as a result of such delegation subject to the approval of the joint committee on finance. Any delegatory action taken under this subsection by any appointing authority may be appealed to the personnel commission under s. 230.44 (1) (b). The administrator shall be a party in such appeal.
230.05(2)(b) (b) The administrator is prohibited from delegating any of his or her final responsibility for the monitoring and oversight of the merit recruitment and selection program under this subchapter.
230.05(3) (3) The administrator may utilize the services of technical or specialized personnel to assist in implementing and maintaining a sound merit recruitment and selection program. These services may be obtained from persons within or without state service.
230.05(4) (4) The administrator may issue enforceable orders on all matters relating to the administration, enforcement and effect of the provisions of this subchapter for which responsibility is specifically charged to the administrator and the rules prescribed thereunder. Any action brought against the appointing authority for failure to comply with the order of the administrator shall be brought and served within 60 days after the date on which the administrator's order was issued. Such orders may be appealed to the commission under s. 230.44 (1) (a).
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