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. 230.27(1)(1) A "project position" means a position which is normally funded for 6 or more consecutive months and which requires employment for 600 hours or more per 26 consecutive biweekly pay periods, either for a temporary workload increase or for a planned undertaking which is not a regular function of the employing agency and which has an established probable date of termination. No project position may exist for more than 4 years.
230.27(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 project position under this section.
230.27(1m)(b)
(b) The administrator may waive the prohibition under
par. (a) if there is a critical need for employes in a specific classification or position or a critical shortage of residents of this state possessing the skills or qualifications required for a position.
230.27(2)
(2) The administrator may provide by rule for the selection and appointment of a person to a project position.
230.27(2k)
(2k) If an appointing authority selects, for a project position, a person who is not a veteran or is not 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 information submitted by appointing authorities under this subsection.
230.27(2m)
(2m) An employe in a project position on a project appointment, while in the position, shall earn and receive all rights and privileges specifically authorized by statute for nonrepresented classified employes, except tenure, transfer, restoration, reinstatement, promotion eligibility and layoff benefits. A project employe's vacation and holidays under
s. 230.35 (4) (d) and sick leave shall be on a prorated basis if the employe works less than full-time. Seniority, continuous service, benefits and rights earned while serving a project appointment shall be transferred to or from other project, permanent, seasonal, or sessional appointments in the following manner:
230.27(2m)(a)
(a) Project appointees who have not previously held a permanent classified or unclassified civil service position may not transfer continuous service rights and benefits earned in any project appointment to subsequent project or permanent appointments.
230.27(2m)(b)
(b) Project appointees who previously held a permanent classified or unclassified civil service position prior to being appointed to a project position may transfer rights and benefits previously earned to the project appointment, except those rights and benefits specifically excluded under this subsection, in a manner consistent with that applied to similar transactions in the permanent classified service. Such project employes who may subsequently be appointed to another project position or to a permanent classified position may transfer their rights and benefits to the new appointment in a manner consistent with that applied to similar transactions in the permanent classified service.
230.27(3)
(3) A leave of absence may be granted under this section to cover the time served on a project appointment. Any time limits established under
s. 230.35 do not apply to leaves of absence granted under this subsection.
230.28
230.28
Probationary period. 230.28(1)(a)(a) All original and all promotional appointments to permanent, sessional and seasonal positions, with the exception of those positions designated as supervisor or management under
s. 111.81, in the classified service shall be for a probationary period of 6 months, but the administrator at the request of the appointing authority and in accordance with the rules related thereto may extend any such period for a maximum of 3 additional months. Dismissal may be made at any time during such periods. Upon such dismissal, the appointing authority shall report to the administrator and to the employe removed, the dismissal and the reason therefor. The administrator may remove an employe during the employe's probationary period if the administrator finds, after giving notice and an opportunity to be heard, that such employe was appointed as a result of fraud or error.
230.28(1)(am)
(am) All probationary periods for employes in supervisory or management positions are one year unless waived after 6 months under
par. (c). The waiver under
par. (c) may be exercised for an employe in a supervisory position only if the employe has successfully completed the supervisory development program under
s. 230.046 (2). However, persons who transfer or are reinstated to supervisory or management positions consistent with conditions under
sub. (4) and who had previously obtained permanent status in class in a supervisory or management position prior to the transfer or reinstatement shall serve a probationary period in accordance with
sub. (4).
230.28(1)(b)
(b) The administrator may authorize a longer probationary period not to exceed 2 years for any administrative, technical or professional position, in order to provide the appointing authority assurance that the employe has had adequate exposure to the various responsibilities which are a part of the position or classification.
230.28(1)(bm)
(bm) At the request of an appointing authority and an employe, the administrator may authorize, at any time before the completion of the probationary period, an extended probationary period of up to one additional year for a handicapped individual, as defined in
s. 111.32 (8), who is the employe to allow the employe to do any of the following:
230.28(1)(bm)1.
1. Complete any necessary comprehensive or vocational rehabilitation program.
230.28(1)(bm)2.
2. Obtain or adapt to special modifications made to the employe's workplace to accommodate the employe's handicap.
230.28(1)(bm)3.
3. Achieve the knowledge, skills and abilities to competently perform the required tasks for the position for which the employe is appointed.
230.28(1)(bn)
(bn) The appointing authority shall waive any remaining portion of the extended probationary period if the reasons for extending the probationary period are met.
230.28(1)(c)
(c) Upon request by the appointing authority, the administrator may waive any portion of the lengthened probationary period but in no case before a 6-month probationary period has been served.
230.28(1)(d)
(d) A promotion or other change in job status within an agency shall not affect the permanent status in class and rights, previously acquired by an employe within such agency. An employe demoted under
s. 230.34 (1) shall not retain the permanent status in class previously acquired in the classification from which demoted.
230.28(2)
(2) A probationary employe's supervisor shall complete a performance evaluation under
s. 230.37 of the employe's work. The evaluation shall be in writing and shall indicate whether or not the employe's services have been satisfactory and whether or not the employe will be retained in his or her position. A copy of the evaluation shall be given to the employe at a reasonable time before the completion of the employe's probation. An employe shall gain permanent status unless terminated by the appointing authority prior to the completion of his or her probationary period.
230.28(3)
(3) If an employe is removed from a position during the probationary period, and the administrator determines that the person is suitable for appointment to another position, the person's name may be restored to the list from which it was certified.
230.28(4)
(4) A person reinstated in an employing unit other than one in which the person previously served in permanent status in the class in which the person is being reinstated, or an employe who transfers from one employing unit to another or an employe who moves to a different employing unit in conjunction with a voluntary demotion, may be required by the appointing authority to serve a probationary period. Provisions for the duration of such probationary period shall be provided in the rules of the administrator.
230.28(5)
(5) An employe whose position is classified as "trainee" shall be on a probationary period for the duration of the training program and may be separated during that period without the right of appeal, at the discretion of the appointing authority. Upon qualifying for the objective classification, the employe shall serve a probationary period as specified in
sub. (1).
230.28(6)
(6) A person with a right of restoration resulting from layoff under
s. 230.34 (2) who competes for promotion to a position under
s. 230.19 (3) and is appointed shall serve a probationary period under
sub. (1). If the appointing authority terminates the employe during the probationary period, the person shall return to his or her former layoff status.
230.28 Annotation
See note to art. I, sec. 1, citing DH&SS v. State Personnel Board, 84 W (2d) 675, 267 NW (2d) 644 (1978).
230.28 Annotation
See note to 230.44, citing Board of Regents v. Wisconsin Pers. Comm. 103 W (2d) 545, 309 NW (2d) 366 (1981).
230.29(1)(1) Subject to
sub. (2), a transfer may be made from one position to another only if specifically authorized by the administrator.
230.29(2)
(2) This section does not apply to an employe of the University of Wisconsin Hospitals and Clinics Board.
230.29 History
History: 1971 c. 270;
1977 c. 196 ss.
54,
130 (5); Stats. 1977 s. 230.29;
1995 a. 27.
230.30
230.30
Employing units; establishment and revision. Each agency shall constitute an employing unit for purposes of personnel transactions, except where appropriate functional, organizational or geographic breakdowns exist within the agency. These breakdowns may constitute a separate employing unit for one or more types of personnel transactions under an overall employing unit plan if requested by the appointing authority of that agency and approved by the administrator. If the administrator determines, after conferring with the appointing authority of the employing agency, that an employing unit is or has become inappropriate to carry out sound personnel management practices due to factors including, but not limited to, the size or isolated location of portions of the employing unit, the administrator may revise the employing unit structure of the agency to effect the remedy required.
230.30 History
History: 1979 c. 221.
230.31
230.31
Restoration of employment and reinstatement privileges. 230.31(1)(1) Any person who has held a position and obtained permanent status in a class under the civil service law and rules and who has separated from the service without any delinquency or misconduct on his or her part but owing to reasons of economy or otherwise shall be granted the following considerations for a 3-year period from the date of such separation:
230.31(1)(a)
(a) Such person shall be eligible for reinstatement in a position having a comparable or lower pay rate or range for which such person is qualified.
230.31(1)(b)
(b) In addition, if on layoff status, the person shall be placed, in inverse order of layoff, on an appropriate mandatory restoration register for the unit used for layoff and on a restoration register for the agency from which the person was laid off. Use of such registers shall be subject to the rules of the administrator.
230.31(2)
(2) The administrator may also provide for the reinstatement of persons who have served in seasonal and sessional employment and for persons who separate from a position while serving a probationary period.
230.31 History
History: 1971 c. 270 s.
60; Stats. 1971 s. 16.25;
1977 c. 196 ss.
56,
130 (5);
1977 c. 273,
418; Stats. 1977 s. 230.31;
1979 c. 32;
1981 c. 140.
230.32
230.32
Restoration after military leave. 230.32(1)
(1) Any classified employe of this state, except a limited term employe, who enlists, is ordered or is inducted into active service in the armed forces of the United States or who is requested to work for the federal government during a national emergency or a limited national emergency, shall be restored to the same or similar position in the classified service and his or her employment shall be deemed not to have been interrupted by such leave except for the receipt of pay or other compensation, accumulation of sick leave and accumulation of vacation for the period of such absence and the employe shall be given all the benefits of seniority, status, pay, pay advancement, performance awards and pension rights under
ch. 40 as though the state employment was continuous, if:
230.32(1)(a)
(a) The employe presents to the appointing authority a certificate or other evidence that he or she has satisfactorily completed the period of training or service, and discharge is other than dishonorable or other than by reason of the sentence of a general court martial, or other than on the ground of being a conscientious objector who refused to perform military duty or refused to wear the uniform or otherwise to comply with lawful orders of competent military authorities, or other than as a deserter or of an officer by the acceptance of a resignation for the good of the service.
230.32(1)(b)
(b) The period of service is not more than 4 years unless involuntarily retained for a longer period.
230.32(1)(c)
(c) The employe is still qualified to perform the duties of such position.
230.32(1)(d)
(d) The employe makes application for restoration within 180 days after release from such training or services, or hospitalization continuing after discharge because of injuries or sickness resulting from such training or service.
230.32(1)(e)
(e) The circumstances of the employing agency have not changed so as to make it impossible or unreasonable to so restore such employe.
230.32(2)(a)(a) Any employe with permanent status in class who leaves state service for the reasons specified in this section and who has used the yearly vacation in anticipation of a full year's employment is presumed not to have interrupted employment as far as vacation pay is concerned, and any portion of the vacation for which the employe was paid which is unearned at the time of being called to duty may be made up upon return to state service. If the employe does not return to the state service, the employe shall within 2 years after termination of leave repay the state the amount not earned. The application of this provision is retroactive to all state employes called to active duty under
P.L. 87-117 (
10 USC 263).
230.32(2)(b)
(b) Any classified employe who was serving the probationary period, except in the capacity of a substitute, when he or she left state service shall, under this section, be restored to that point of service in the probationary period as though state employment had not been so interrupted.
230.32(2)(c)
(c) Any classified employe who had attained restoration rights as a seasonal employe when he or she left state service shall, under this section, be restored to such seasonal position or eligibility as though the service or eligibility had not been so interrupted.
230.32(3)(a)(a) Any classified employe who leaves state service and enters the armed forces of the United States shall, under this section, be granted written military leave of absence by the appointing authority. Notice of such leave from state service and the terms of any such leave shall be given in writing by the appointing authority to the secretary for purposes of record.
230.32(3)(b)
(b) Any classified employe who leaves state service for civilian employment in response to a specific request or order of the federal government or any of its agencies in connection with manpower redistribution and utilization shall, under this section, make written application to the appointing authority for civilian leave of absence presenting such specific request or order of the federal government as supporting evidence. Such civilian leave shall be allowed by the appointing authority and its terms, which shall conform to the rules of the secretary, shall be in writing. Notice of such leave from state service shall be made in writing by the appointing authority to the secretary for purposes of record.
230.32(3)(c)
(c) All such military or civilian leaves of absence as heretofore may have been granted are validated and shall be deemed to be sufficient and effective hereunder. Such leaves shall be recorded with the secretary.
230.32(4)
(4) Any person appointed to fill the position of an employe on such military or civilian leave shall be designated as a substitute or replacement employe and upon the return and reemployment of the original employe the substitute employe shall be transferred to a similar position with the same employing agency if one is available, or if not, he or she shall be eligible for reinstatement or have the right of restoration in accordance with this subchapter and the rules of the administrator. The status of any person who is appointed to fill the place of an employe on military or civilian leave under this section shall be governed by the rules of the administrator pursuant thereto.
230.32(5)
(5) The restoration of classified former employes of the state shall be governed by this section and by the rules of the administrator.
