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.
230.17(2)
(2) If the administrator refuses to examine an applicant, or after an examination to certify an eligible, as provided in this section, the administrator, if requested by the applicant so rejected within 10 days of the date of receipt of the notice of rejection, shall give the applicant a full and explicit statement of the exact cause of such refusal to examine or to certify. Applicants may appeal to the commission the decision of the administrator to refuse to examine or certify under
s. 230.44 (1) (a). Upon request of an applicant or an eligible for a civil service position who has a handicap, the department of health and family services shall obtain from the administrator a detailed description of all duties entailed by such position and shall determine and report its findings to the administrator, as to the ability of the applicant, or eligible, to perform the duties of such position. Such findings shall be conclusive as to the qualifications of any applicant, or eligible, so examined. A notice of rejection shall notify an applicant or eligible of his or her rights under this subsection.
230.17(3)
(3) When any position to be filled involves fiduciary responsibility, the appointing authority, where otherwise permitted by law, may require the appointee to furnish bond or other security, and shall notify the administrator of the amount and other details thereof. Any surety company authorized to do business in this state shall be a sufficient security on any such bond.
230.17 History
History: 1971 c. 270;
1977 c. 196 ss.
42,
130 (5); Stats. 1977 s. 230.17;
1983 a. 453;
1995 a. 27 s.
9126 (19).
230.18
230.18
Discrimination prohibited. No question in any form of application or in any examination may be so framed as to elicit information concerning the partisan political or religious opinions or affiliations of any applicant nor may any inquiry be made concerning such opinions or affiliations and all disclosures thereof shall be discountenanced except that the administrator may evaluate the competence and impartiality of applicants for positions such as clinical chaplain in a state institutional program. No discriminations may be exercised in the recruitment, application, examination or hiring process against or in favor of any person because of the person's political or religious opinions or affiliations or because of age, sex, handicap, race, color, sexual orientation, national origin or ancestry except as otherwise provided.
230.18 History
History: 1971 c. 270;
1977 c. 196 s.
43; Stats. 1977 s. 230.18;
1981 c. 112,
391.
230.19(1)(1) The administrator shall provide employes with reasonable opportunities for career advancement, within a classified service structure designed to achieve and maintain a highly competent work force, with due consideration given to affirmative action.
230.19(2)
(2) If, in the judgment of the administrator, the group of applicants best able to meet the requirements for vacancies in positions in the classified service are available within the classified service, the vacancies shall be filled by competition limited to persons in the classified service who are not employed under
s. 230.26 or
230.27 and persons with the right of restoration resulting from layoff under
s. 230.34 (2), unless it is necessary to go outside the classified service to be consistent with an approved affirmative action plan or program. The administrator may also limit competition for promotion to the employes of an agency or an employing unit within an agency if the resulting group of applicants would fairly represent the proportion of members of racial and ethnic, gender or handicap groups in the relevant labor pool for the state.
230.19(3)
(3) A person with the right of restoration resulting from layoff under
s. 230.34 (2) may compete only for a position under
sub. (2) for which he or she could have competed had the layoff not occurred.
230.20
230.20
Recommendations. 230.20(1)(1) Selection of classified state employes shall be based solely on merit and no employment recommendation shall be based on political or religious affiliations or on membership in associations not primarily related to merit in employment.
230.20(2)
(2) An appointing authority may consider only those recommendations which he or she believes provide an objective evaluation of an applicant's character, training, experience, skills or abilities as they relate to the requirements for the position.
230.20(3)
(3) Applicants for promotion shall not solicit recommendations from any source.
230.20 History
History: 1971 c. 270;
1977 c. 196 s.
45;
1977 c. 273; Stats. 1977 s. 230.20.
230.21
230.21
Unskilled labor and critical recruitment selection. 230.21(1)(1) The administrator may, to meet the needs of the service, establish separate recruitment, examination and certification procedures for filling positions in unskilled labor and service classes.
230.21(1m)(a)(a) If the administrator uses the method of random certification to determine which applicants for an unskilled labor or service position will receive further consideration for the position, the administrator shall do all of the following:
230.21(1m)(a)2.
2. Additionally certify up to 3 names of persons who are veterans.
230.21(1m)(b)
(b) If the administrator uses the method of random certification to determine which applicants for an unskilled labor or service position will receive further consideration for the position and the appointing authority does not select a veteran or a person the hiring of whom would serve affirmative action purposes, the appointing authority shall make and retain a written record of the appointing authority's reasons for selecting the person who was appointed. The appointing authority shall make the written records available to the department and annually submit a report to the department summarizing the reasons contained in the written records.
230.21(2)
(2) The administrator may designate classifications in which applicants are in critically short supply and may develop such recruitment, examination and certification processes as will provide agencies with prompt certification when qualified applicants can be found, provided that due notice has been given and proper competitive standards have been maintained.
230.21(3)
(3) The administrator shall designate classifications in prison industries in the department of corrections as critical positions requiring expeditious hiring and shall develop such recruitment, examination and certification processes as will provide the department with prompt certification when qualified applicants can be found, provided that due notice has been given and proper competitive standards have been maintained.
230.21 History
History: 1971 c. 270;
1977 c. 196 ss.
45,
130 (3), (5); Stats. 1977 s. 230.21;
1983 a. 333;
1991 a. 39,
101.
230.213
230.213
Affirmative action procedures for corrections positions. The administrator may, to meet affirmative action objectives, establish such recruitment, examination and certification procedures for positions in the department of corrections as will enable the department of corrections to increase the number of employes of a specified gender or a specified racial or ethnic group in those positions. The administrator shall design the procedures to obtain a work force in the department of corrections that reflects the relevant labor pool. The administrator may determine the relevant labor pool from the population of the state or of a particular geographic area of the state, whichever is more appropriate for achieving the affirmative action objective.
230.213 History
History: 1991 a. 39;
1995 a. 27,
225.
230.215
230.215
Part-time employment and flexible-time schedules. 230.215(1)(1)
Declaration of policy. The legislature finds and declares:
230.215(1)(a)
(a) That employment practices which provide flexibility in scheduling hours of work often result in increased worker productivity, reduced absenteeism, improved employe morale and a more economical and efficient use of energy, highways and other transit systems.
230.215(1)(b)
(b) That traditional full-time work patterns fail to meet the needs of many potentially productive citizens who, due to age, health or family circumstances, are effectively prevented from engaging in full-time employment.
230.215(1)(c)
(c) That a greater number of permanent part-time employment opportunities are necessary to allow citizens a higher level of participation in the work force and to permit a greater utilization of the skills, talents and abilities of all citizens who want to work.
230.215(1)(d)
(d) That it is the intent of the legislature that all agencies of state government participate in developing and creating flexible-time work schedules, additional permanent part-time positions and other alternative work patterns in order to maximize, in a manner consistent with the needs of state service, the employment options available to existing and potential state employes.
230.215(1)(e)
(e) That it is the intent of the legislature that all agencies of state government make available permanent part-time employment opportunities in classified positions.
230.215(2)
(2) Flexible-time employment scheduling. In this subsection "flexible-time schedule" means a work schedule which includes required days or hours during which an employe subject to the work schedule must be present for work and designated hours during which the employe, with the approval of his or her supervisor, may elect a time of arrival to and departure from work. Every agency shall develop a plan for the establishment of employe flexible-time schedules. The plan shall attempt to maximize efficiency of agency operations, the level of services to the public, energy conservation and employe productivity and shall consider traffic congestion, transit facilities and other relevant factors.
230.215(3)(a)(a) An agency may, with the approval of the secretary and with the approval of the secretary of administration under
s. 16.50, restructure budgeted permanent positions as such positions become vacant or if an employe voluntarily requests a job-sharing or permanent part-time employment opportunity. No employe occupying a full-time permanent position may be involuntarily terminated, demoted, transferred or reassigned in order to restructure that position for permanent part-time employment and no such employe may be required to accept a permanent part-time position as a condition of continued employment.
230.215(3)(b)
(b) If the secretary, upon review of the report submitted under
sub. (4), determines that an agency's past or proposed actions relating to permanent part-time employment opportunities do not adequately reflect the policy under
sub. (1) (e), the secretary may recommend procedures designed to enable the agency to effect such policy.
230.215(3)(c)
(c) Permanent part-time appointments may be made for any number of hours in excess of 600 hours per year.
230.215(4)
(4) Reports. Each agency, in complying with
s. 15.04 (1) (d), shall include a report on the progress or failure of the plans of such agency in achieving the policies stated under
sub. (1) and shall submit a copy of such report to the secretary.
230.215(5)
(5) Nonapplication. Section 230.35 (5) does not apply to employes subject to part-time employment and employe flexible-time scheduling under this section.
230.22
230.22
Entry professional selection. 230.22(1)
(1) The secretary may establish by rule an entry professional class program for use in a wide range of entry professional positions.
230.22(2)
(2) In connection with this program the secretary may establish separate classifications and corresponding pay provisions to provide agencies an entry professional program, through which they can compete on campuses and in the labor market for the best available applicants.
230.22(3)
(3) The administrator may establish separate recruitment, evaluation and certification procedures for certain entry professional positions. Vacancies in entry professional positions may be limited to persons with a degree from an institution of higher education, as defined in
s. 108.02 (18), or a degree under an associate degree program, as defined in
s. 38.01 (1).
230.22(4)
(4) The administrator may provide for cooperative programs leading to eligibility for permanent appointment in order to enable institutions of higher education and agencies to attract and train the highest caliber of undergraduate or graduate students for government employment.
230.22 History
History: 1971 c. 270;
1977 c. 196 ss.
46,
113,
130 (5); Stats. 1977 s. 230.22;
1983 a. 27 ss.
1612c to
1612e,
2200 (15);
1991 a. 39.
230.24
230.24
Career executive selection. 230.24(1)
(1) The secretary may by rule develop a career executive program that emphasizes excellence in administrative skills in order to provide agencies with a pool of highly qualified executive candidates, to provide outstanding administrative employes a broad opportunity for career advancement and to provide for the mobility of such employes among the agencies and units of state government for the most advantageous use of their managerial and administrative skills. To accomplish the purpose of this program, the administrator may provide policies and standards for recruitment, examination, probation, employment register control, certification, transfer, promotion and reemployment, and the secretary may provide policies and standards for classification and salary administration, separate from procedures established for other employment. The secretary shall determine the positions which may be filled from career executive employment registers.
230.24(1m)
(1m) The policy established by the administrator under
sub. (1) that deals with probation shall provide the option of extending the probationary period for handicapped individuals, as defined in
s. 111.32 (8), who are employes in a manner consistent with
s. 230.28 (1) (bm).
230.24(2)
(2) A vacancy in a career executive position may be filled through an open competitive examination, a competitive promotional examination or by restricting competition to employes in career executive positions in order to achieve and maintain a highly competent work force in career executive positions, with due consideration given to affirmative action. The appointing authority shall consider the guidelines under
s. 230.19 when deciding how to fill a vacancy under this paragraph.
230.24(3)
(3) No rule may be adopted after September 15, 1979 which provides for an open enrollment period in the career executive program for incumbents who had an option to enter the program and who exercised the option of remaining outside of the program.
230.24 Annotation
See note to 230.44, citing Basinas v. State, 104 W (2d) 539, 312 NW (2d) 483 (1981).
230.25
230.25
Certification, appointments and registers. 230.25(1)(1) Appointing authorities shall give written notice to the administrator of any vacancy to be filled in any position in the classified service. The administrator shall certify, under this subchapter and the rules of the administrator, from the register of eligibles appropriate for the kind and type of employment, the grade and class in which the position is classified, the 5 names at the head thereof if the register of eligibles is less than 50. If the register is more than 50, the top 10%, with any fraction rounded to the next whole number, up to a maximum of 10 names, shall be certified. Up to 2 persons considered for appointment 3 times and not selected may be removed from the register for each 3 appointments made. Certification under this subsection shall be made before granting any preference under
s. 230.16 (7).
230.25(1g)
(1g) For every position to be filled by promotion from a promotional register, the administrator shall, after certifying names under
sub. (1), additionally certify the name of the highest ranked disabled wartime veteran whose disability is at least 70%.
230.25(1m)
(1m) After certifying names under
sub. (1), additional names shall be certified in rank order of those who with the combination of veterans preference points awarded under
s. 230.16 (7) and examination score earn a total score equal to or higher than the lowest score of those certified on the basis of examination only. The number of veterans or spouses of veterans added to the list may not exceed the number of names certified under
sub. (1).
230.25(1n)(a)(a) After certifying names under
subs. (1),
(1g) and
(1m), the administrator may engage in expanded certification by doing one or more of the following:
230.25(1n)(a)1.
1. Certifying up to 3 names of persons belonging to at least one of one or more specified racial or ethnic groups.
230.25(1n)(a)2.
2. Certifying up to 3 names of persons of a specified gender.
230.25(1n)(b)
(b) The administrator may certify names under
par. (a) 1. or
2. only if an agency requests expanded certification in order to comply with an approved affirmative action plan or program. The administrator may certify names under
par. (a) 3. only if an agency requests expanded certification in order to hire persons with a handicap.
230.25(1p)
(1p) If an appointing authority appoints a person certified under this section and the person is not a veteran, the spouse of a veteran or a person the hiring of whom would serve affirmative action purposes, the appointing authority shall make and retain a written record of the appointing authority's reasons for selecting the person who was appointed. The appointing authority shall make the written records available to the department and annually submit a report to the department summarizing the reasons contained in the written records. The department shall annually prepare a report summarizing, for each agency, the reasons contained in the records prepared by appointing authorities under this subsection.
230.25(2)(a)(a) When certifying names to appointing authorities under this section, the administrator shall specify whether the certification includes qualifying veterans or persons the hiring of whom would serve affirmative action purposes, without divulging the names of those individuals. The administrator shall not disclose any applicant's test score, with or without the addition of veterans preference points under
s. 230.16 (7), to the appointing authority.
230.25(2)(b)
(b) Unless otherwise provided in this subchapter or the rules of the administrator, appointments shall be made by appointing authorities to all positions in the classified service from among those certified to them in accordance with this section. Appointments shall be made within 60 days after the date of certification unless an exception is made by the administrator. If an appointing authority does not make an appointment within 60 days after certification, he or she shall immediately report in writing to the administrator the reasons therefor. If the administrator determines that the failure to make an appointment is not justified under the merit system, the administrator shall issue an order directing that an appointment be made.
230.25(3)
(3) The term of eligibility on original entrance and promotional registers is 6 months and thereafter the register expires but may be reactivated by the administrator for up to 3 years from the date of the establishment of the register. The eligibility of individuals for reinstatement or restoration is 3 years except as provided in
ss. 230.28 and
230.34.
230.25(4)(a)(a) The administrator may establish a new and separate register for a specific position or class only when in the administrator's judgment there is no appropriate existing register from which appointments may be made.
230.25(4)(b)
(b) The administrator may establish separate registers for various geographic areas of the state if the needs of the service so require, provided proper publicity has been given of the intent to establish such registers.
230.25 History
History: 1971 c. 270 ss.
45,
48; Stats. 1971 s. 16.20;
1977 c. 196 ss.
50,
115,
130 (5),
131;
1977 c. 273; Stats. 1977 s. 230.25;
1983 a. 27;
1985 a. 29;
1987 a. 32;
1991 a. 101.
230.25 Annotation
The federal civil rights act of 1991 does not prohibit expanded certification under (1n).
80 Atty. Gen. 264.
230.26
230.26
Limited term appointments. 230.26(1)
(1) The administrator may provide by rule for selection and appointment for limited term appointments, which are provisional appointments or appointments for less than 1,044 hours per year.
230.26(1m)(a)(a) Except as provided in
par. (b), an appointing authority is prohibited from appointing a person who is not a resident of this state to a limited term appointment.
230.26(1m)(b)
(b) The administrator may waive the prohibition under
par. (a) if the appointed person's permanent work site is located outside this state.
230.26(2)
(2) If there are urgent reasons for filling a vacancy in any position in the classified service and the administrator 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 administrator for noncompetitive examination. If the nominee is certified by the administrator 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.
230.26(4)
(4) Fringe benefits specifically authorized by statutes, with the exception of worker's compensation, unemployment compensation, group insurance, retirement and social security coverage, shall be denied employes hired under this section. Such employes may not be considered permanent employes and do not qualify for tenure, vacation, paid holidays, sick leave, performance awards or the right to compete in promotional examinations.
230.26(5)
(5) If the administrator determines that an agency is not in compliance with the requirements of, or rules related to,
sub. (1),
(1m) or
(2) regarding a particular employe, the administrator shall direct the appointing authority to terminate the employe.
230.27
230.27
Project positions.
