230.12(5)(c)
(c)
Increase limits. Unless otherwise defined in the pay schedule the total amount for all such within range increases shall not exceed the amount for such increases specified and approved by the joint committee on employment relations in its action on the secretary's proposal for such increases.
230.12(5)(d)
(d)
Individual increase limit. Except as authorized in
s. 36.09 (1) (j) for a position specified in
s. 20.923 (4) (j) or
(4m), no appointing authority shall award an employe cumulative performance award increases or other types of cumulative within range pay adjustments exceeding a total of 10% of the employe's base pay during a fiscal year. This paragraph does not apply to a specific type of pay increase authorized by the compensation plan if the plan specifically refers to this paragraph and specifically provides that the type of pay increase referenced in the plan is not subject to this paragraph.
230.12(5)(e)
(e)
Appeal of discretionary performance award. An employe who is dissatisfied with the evaluation methodology and results used by an agency to determine any discretionary performance award, or the amount of such an award, may grieve the decision to the appointing authority under the agency's grievance procedure. The decision of the appointing authority is final and may not be appealed to the commission under
s. 230.44 or
230.45 (1) (c).
230.12(6)
(6) Additional hours of work provisions. Provisions relating to compensation for hours of work in addition to the standard basis of employment under
s. 230.35 (5) (a) shall be provided for in the compensation plan. The provisions shall include the rate or rates to be paid to employes and the standards for determining which employes receive such compensation.
230.12(7)
(7) Exceptional performance awards. Consistent with applicable provisions of
sub. (5) it is the declared public policy that pay awards to employes in the classified service shall be granted consistent with sound personnel practice to recognize exceptional performance. Such exceptional performance awards shall be noncumulative and awarded to employes in accordance with eligibility determinations of the secretary consistent with the provisions of the approved compensation plan and the schedules contained therein. Funding for such exceptional performance awards shall be derived from any unspent moneys under
sub. (5) and from the within range awards granted to an employe during the current fiscal year under
sub. (5) who terminates with the agency. Exceptional performance awards shall be made on a lump sum basis, within the limits approved for such awards and shall not be considered part of an employe's basic pay.
230.12(7m)
(7m) Pay adjustment filing requirements. Except as provided in
sub. (7), in the rules of the secretary, and in the compensation plan, pay increases shall be made only on the dates prescribed under
sub. (8). Appointing authorities shall at such times each year as specified by the secretary file with the secretary and with the department of administration a list of employes showing their then existing pay rates and their proposed new pay rates.
230.12(8)
(8) Effective date of compensation adjustments. Except as provided in
s. 20.923 (3), all compensation adjustments for state employes shall be effective on the beginning date of the pay period nearest the statutory or administrative date.
230.12(9)
(9) Health insurance premium credits. The secretary may recommend to the joint committee on employment relations a program, administered by the department of employe trust funds, that provides health insurance premium credits to employes whose compensation is established under this section or
s. 20.923 (2) or
(3). The health insurance premium credits shall be used for the purchase of health insurance for a retired employe, or the retired employe's surviving insured dependents, and shall be based on the employe's years of continuous service, accumulated unused sick leave and any other factor recommended by the secretary. The approval process for the program is the same as that provided under
sub. (3) (b) and the program shall be incorporated into the compensation plan under
sub. (1).
230.12 History
History: 1971 c. 55,
125,
215;
1971 c. 270 ss.
20,
27,
28,
30 to
32;
1971 c. 336; Stats. 1971 s. 16.086;
1973 c. 12,
51,
90;
1975 c. 28,
39,
199,
224;
1977 c. 29,
44;
1977 c. 196 ss.
36,
130 (3), (5), (11),
131;
1977 c. 272,
418,
449; Stats. 1977 s. 230.12;
1979 c. 221;
1981 c. 20 s.
2202 (33) (b);
1981 c. 153;
1983 a. 27 ss.
1611am to
1612am,
2200 (15);
1983 a. 140;
1985 a. 29,
34,
42,
119,
332;
1987 a. 33,
83,
340,
399,
403;
1989 a. 39,
56,
117,
119,
124,
153,
336,
359;
1991 a. 269;
1995 a. 37,
88.
230.13(1)(1) Except as provided in
s. 103.13, the secretary and the administrator may keep records of the following personnel matters closed to the public:
230.13(1)(a)
(a) Examination scores and ranks and other evaluations of applicants.
230.13(1)(c)
(c) Dismissals, demotions and other disciplinary actions.
230.13(1)(d)
(d) Pay survey data obtained from identifiable nonpublic employers.
230.13(1)(e)
(e) Names of nonpublic employers contributing pay survey data.
230.13(2)
(2) Unless the name of an applicant is certified under
s. 230.25, the secretary and the administrator shall keep records of the identity of an applicant for a position closed to the public.
230.13 History
History: 1971 c. 270;
1977 c. 196 s.
37; Stats. 1977 s. 230.13;
1979 c. 339;
1989 a. 31;
1991 a. 269,
317.
230.13 Annotation
Only names of applicants for classified positions not certified for employment may be withheld under (2). Milwaukee Journal v. UW Board of Regents, 163 W (2d) 933, 472 NW (2d) 607 (Ct. App. 1991).
230.14(1)(1) Recruitment for classified positions shall be an active continuous process conducted in a manner that assures a diverse, highly qualified group of applicants; and shall be conducted, except as provided under
sub. (2), on the broadest possible base consistent with sound personnel management practices and an approved affirmative action plan or program. Due consideration shall be given to the provisions of
s. 230.19.
230.14(2)
(2) The administrator may recruit outside of this state only if the administrator determines that there is a critical shortage of residents of this state possessing the skills or qualifications required for the position.
230.14(3m)
(3m) In advertising openings in the classified civil service, the state may not require as a condition of application that an applicant be a college graduate unless the opening must be filled by an incumbent holding a credential, as defined in
s. 440.01 (2) (a), or other license, permit, certificate or registration in an occupation regulated by law and college graduation is required to obtain the occupational credential, license, permit, certificate or registration.
230.14(4)
(4) The administrator may charge an agency a fee to announce any vacancy to be filled in a classified or unclassified position in that agency. Funds received under this subsection shall be credited to the appropriation account under
s. 20.512 (1) (ka).
230.147
230.147
Employment of aid recipients. 230.147(1)
(1) Each appointing authority of an agency with more than 100 authorized permanent full-time equivalent positions shall prepare and implement a plan of action to employ persons who, at the time determined under
sub. (4), receive aid under
s. 49.19, or benefits under
s. 49.147 (3) to
(5), with the goal of making the ratio of those persons occupying permanent positions in the agency to the total number of persons occupying permanent positions in the agency equal to the ratio of the average case load receiving aid under
s. 49.19, or benefits under
s. 49.147 (3) to
(5), in this state in the previous fiscal year to the average number of persons in the state civilian labor force in the preceding fiscal year, as determined by the department of industry, labor and job development.
230.147(2)
(2) Each appointing authority of an agency with 100 or fewer authorized permanent full-time equivalent positions is encouraged to employ persons who, at the time determined under
sub. (4), receive aid under
s. 49.19, or benefits under
s. 49.147 (3) to
(5), to attempt to make the ratio of those persons occupying permanent positions in the agency to the total number of persons occupying permanent positions in the agency equal to the ratio of the average case load receiving aid under
s. 49.19, or benefits under
s. 49.147 (3) to
(5) in this state in the previous fiscal year to the average number of persons in the state civilian labor force in the preceding fiscal year, as determined by the department of industry, labor and job development.
230.147(3)
(3) Notwithstanding
subs. (1) and
(2), the state fair park board shall make every reasonable effort to employ in permanent full-time equivalent positions persons who, at the time determined under
sub. (4), receive aid under
s. 49.19 or benefits under
s. 49.147 (3) to
(5). The state fair park board shall consult with the department of employment relations to assure that its efforts under this subsection comply with
ch. 230.
230.147(4)
(4) The determination of when a person is receiving aid under
s. 49.19 for the purposes of this section shall be made as follows:
230.147(4)(a)
(a) For positions in the classified service, when the person is certified under
s. 230.25.
230.147(4)(b)
(b) For positions outside of the classified service, when the person begins employment with the agency or state fair park board.
230.148
230.148
Unclassified service reappointments. No person may be reappointed to a position in the unclassified service in any executive branch agency except the office of the governor, within one year after the person vacated the position, at a salary in excess of the salary which the person was receiving in the position at the time he or she vacated the position unless the excess is for an across the board pay adjustment or merit pay adjustment which is authorized by the joint committee on employment relations or by the legislature and which is generally awarded to other employes in the period between the time the person vacated the position and the time of the reappointment, or unless the excess was received by the person after vacating the position and while serving for not less than 6 consecutive months in any agency in any branch of state government.
230.148 History
History: 1979 c. 34.
230.15
230.15
Appointments, promotions, changes in classified service. 230.15(1)(1) 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. The administrator may waive competitive examination for appointments made under
sub. (1m).
230.15(1m)(a)(a) Whenever the state becomes responsible for a function previously administered by another governmental agency or a quasi-public or private enterprise, or when positions in the unclassified service, excluding employes of the legislature, are determined to be more appropriately included in the classified service, the affected positions shall be included in the classified service.
230.15(1m)(b)
(b) Whenever a position is included in the classified service under
par. (a), the secretary shall determine all of the following:
230.15(1m)(b)2.
2. If the incumbent employe is certified under
par. (c), the pay, employe benefits and status under
s. 230.35 appropriate for the employe.
230.15(1m)(c)1.1. Whenever a position is included in the classified service under
par. (a), the administrator may waive the requirement for competitive examination under
sub. (1) with respect to the position and certify the incumbent employe for appointment to the position in accordance with
subd. 2.
230.15(1m)(c)2.
2. The administrator may certify an incumbent employe as eligible for appointment under
subd. 1. if the administrator determines on the basis of sound personnel management practices that the incumbent is qualified for the position included in the classified service.
230.15(1m)(c)3.
3. If an employe is appointed after being certified under
subd. 2., the administrator shall determine the employe's probationary status under
s. 230.28, except that the employe shall receive credit toward his or her probationary period for the time that the employe had been employed in the position immediately prior to appointment.
230.15(2)
(2) If a vacancy occurs in a position in the classified service when peculiar and exceptional qualifications of a scientific, professional, or educational character are required, and if presented with satisfactory evidence that for specified reasons competition in such special cases is impracticable, and that the position can best be filled by the selection of some designated person of high and recognized attainments in such qualities, the administrator may waive competition requirements unless the vacancy is to be filled by promotion.
230.15(3)
(3) No person shall be appointed, transferred, removed, reinstated, restored, promoted or reduced in the classified service in any manner or by any means, except as provided in this subchapter.
230.15 History
History: 1971 c. 270 ss.
23,
46; Stats. 1971 s. 16.11;
1973 c. 90;
1977 c. 196 ss.
39,
131; Stats. 1977 s. 230.15;
1981 c. 140;
1983 a. 27;
1989 a. 31;
1993 a. 12.
230.15 Annotation
The federal civil rights act of 1991 does not prohibit expanded certification under (1n).
80 Atty. Gen. 264.
230.16
230.16
Applications and examinations. 230.16(1)(a)(a) The administrator shall require persons applying for admission to any examination under this subchapter or under the rules of the administrator to file an application with the division a reasonable time prior to the proposed examination.
230.16(1)(am)
(am) The administrator may require in connection with the application such supplementary work history, educational transcripts, statements of physicians or others having knowledge of the applicant, as needed for qualification evaluations.
230.16(1)(b)
(b) The division shall furnish application forms without charge to all persons requesting them.
230.16(2)
(2) Competitive examinations shall be free and open to all applicants who at the time of application are residents of this state and who have fulfilled the preliminary requirements stated in the examination announcement. To assure that all residents of this state have a fair opportunity to compete, examinations shall be held at such times and places as, in the judgment of the administrator, most nearly meet the convenience of applicants and needs of the service. If a critical need for employes in specific classifications or positions exists, the administrator may open competitive examinations to persons who are not residents of this state.
230.16(3)
(3) The administrator may appoint boards of examiners of at least 2 persons for the purpose of conducting oral examinations as a part of the examination procedure for certain positions. All board members shall be well-qualified and impartial and at least one shall be from outside of the civil service. All questions asked and answers made in any examination of applicants shall be recorded and made a part of the records of the applicants.
230.16(4)
(4) All examinations, 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.
230.16(5)
(5) In the interest of sound personnel management, consideration of applicants and service to agencies, the administrator may set a standard for proceeding to subsequent steps in an examination, 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 administrator for any portion of the examination. The administrator shall utilize appropriate scientific techniques and procedures in administering the selection process, in rating the results of examinations and in determining the relative ratings of the competitors.
230.16(6)
(6) If any applicant is unable to complete the examination in the form presented to the applicant due to a handicap, the division shall provide a reader, an appropriate place to take the examination or other similar prerequisites to ensure equality of opportunity in the examination.
230.16(7)(a)(a) A preference shall be given to those veterans and to those spouses of veterans specified in
subds. 1. to
6. 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:
230.16(7)(a)1.
1. For a veteran, that 10 points shall be added to his or her grade.
230.16(7)(a)2.
2. For a disabled wartime veteran, that 15 points shall be added to his or her grade.
230.16(7)(a)3.
3. For a disabled wartime veteran whose disability is at least 30%, that 20 points shall be added to his or her grade.
230.16(7)(a)4.
4. For the spouse of a disabled wartime veteran whose disability is at least 70%, that 10 points shall be added to the spouse's grade.
230.16(7)(a)5.
5. For the unremarried spouse of a veteran who was killed in action, that 10 points shall be added to the spouse's grade.
230.16(7)(a)6.
6. For the unremarried spouse of a veteran who died of a service-connected disability, that 10 points shall be added to the spouse's grade.
230.16(7)(b)
(b) An applicant who is certified for a position after receiving a preference under
par. (a) 4.,
5. or
6. and who is appointed to that position may not obtain a preference under
par. (a) 4.,
5. or
6. for any other civil service position for which the applicant subsequently applies.
230.16(7m)(a)(a) In this subsection, "veteran" means a person who fulfills at least one of the following requirements:
230.16(7m)(a)1.
1. Served on active duty in the U.S. armed forces for at least 180 days, not including training.
230.16(7m)(a)2.
2. Was discharged from the U.S. armed forces because of a disability incurred during active duty or because of a disability that is later adjudicated by the U.S. department of veterans affairs to have been incurred during active duty.
230.16(7m)(b)
(b) The department shall accept an application after its due date from a veteran if all of the following apply:
230.16(7m)(b)1.
1. The register established on the basis of timely applications was established not more than 60 days before the applicant's separation from the U.S. armed forces.
230.16(7m)(b)3.
3. The application was filed not more than 45 days after the applicant's separation from the U.S. armed forces.
230.16(7m)(b)4.
4. The examination for the position is a written, nonessay examination that is scored by a machine.
230.16(7m)(c)
(c) Within 30 days after acceptance of an application under
par. (b), the department shall give the applicant an examination.
230.16(8)
(8) The administrator may designate persons in or out of the official service of the state or of any municipality or county who shall, if in the service, with the consent of the head of the state or local agency or office in which such person serves, act as local examiner. Such persons in the performance of such duties as the administrator orders, shall be under the direct and sole control of the administrator; and their duties shall be considered part of the duties of the offices in which they are serving, and time shall be allowed therefor during office hours.
230.16(9)
(9) The officials in control of state, municipal and county buildings, upon requisition by the administrator, shall furnish without charge adequate rooms and building services for the administration of examinations.
230.16(10)
(10) Every reasonable precaution shall be taken to prevent any unauthorized person from gaining any knowledge of the nature or content of the examinations that is not available to every applicant.
230.16(11)
(11) Records of examinations, including a transcript or recorded tape of oral examinations, given under this subchapter shall be retained for at least one year. Inspection of such records shall be regulated by rules of the administrator.
230.16 Annotation
Residency requirement under (2) for classified positions violates equal protection since there is no such requirement for unclassified positions.
76 Atty. Gen. 45.
230.16 Annotation
See note to Art. I, sec. 1, citing Personnel Administrator of Mass. v. Feeney, 442 US 256 (1979).
230.17
230.17
Applicants and eligibles may be barred; bonds may be required. 230.17(1)(1) The administrator shall provide by rule, the conditions, not otherwise provided by law, under which an applicant 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.
