230.36(3)
(3) As used in this section "performance of duties" means duties performed in line of duty by:
230.36(3)(a)
(a) A forest ranger or field employe of the department of natural resources who is subject to call for forest fire control duty or fire watcher employed at the Wisconsin veterans home, and lifeguard, at all times while:
230.36(3)(a)1.
1. Driving or riding in a vehicle, aircraft or boat under circumstances which require hazardous maneuvering or speed in excess of the normal or posted limits in the performance of fire control duties;
230.36(3)(a)2.
2. Engaged in an effort to save lives, recover dead bodies, or protect public or private property;
230.36(3)(a)3.
3. Going to or returning from a fire and while engaged in the suppression of a fire; or
230.36(3)(a)4.
4. Engaged in public demonstration or training exercises provided such demonstration or training exercises are authorized by the appointing authority.
230.36(3)(b)
(b) A conservation warden, conservation patrol boat captain, conservation patrol boat engineer, member of the state patrol, state motor vehicle inspector, university of Wisconsin system police officer, security officer, watcher, state fair park police officer, special tax agent, excise tax investigator employed by the department of revenue and special criminal investigation agent employed by the department of justice at all times while:
230.36(3)(b)1.
1. In the process of making an arrest or investigating any violation or suspected violation of the law or the quelling of a riot or any other violence;
230.36(3)(b)2.
2. Engaged in an effort to save lives, recover dead bodies or protect public or private property;
230.36(3)(b)3.
3. Driving or riding in a vehicle, aircraft or boat under circumstances which require hazardous maneuvering or speed in excess of the normal or posted limits in the performance of law enforcement duties; or
230.36(3)(b)4.
4. Engaged in public demonstration or training exercises provided such demonstration or training exercises are authorized by the appointing authority.
230.36(3)(c)
(c) A guard, institution aide, or other employe at the University of Wisconsin Hospitals and Clinics or at a state penal or mental institution, including a secured correctional facility, as defined in
s. 938.02 (15m), and a state probation and parole officer, at all times while:
230.36(3)(c)1.
1. In the process of quelling a riot or disturbance or other act of violence;
230.36(3)(c)2.
2. In the process of restraining patients, inmates, probationers or parolees and apprehending runaways or escapees, including probationers and parolees;
230.36(3)(c)3.
3. When injury is occasioned as the result of an act by a patient, inmate, probationer or parolee;
230.36(3)(c)4.
4. In the process of making an arrest or investigating any violation or suspected violation of law pursuant to police powers authorized by
s. 46.058 (2) or
301.29 (2) and rules adopted pursuant thereto;
230.36(3)(c)5.
5. Going to or returning from a fire, engaging in the suppression of a fire, evacuating patients or inmates because of a fire or engaging in fire drills; or
230.36(3)(c)6.
6. When disease is contracted as a result of exposure to such disease arising out of the care of inmates or patients.
230.36(3)(d)
(d) A drivers' license examiner at all times while examining drivers, conducting road tests or checking motor vehicles.
230.36(3)(e)
(e) An engineering aide, engineer or building construction superintendent at all times while:
230.36(3)(e)1.
1. Driving or riding in vehicles which require hazardous maneuvering of extremely slow speed while marking or measuring physical characteristics of highways.
230.36(3)(e)2.
2. Surveying or inspecting within the right of way of highways on which traffic is maintained.
230.36(3)(e)3.
3. Surveying or inspecting on construction sites where heavy equipment is operating.
230.36(3)(e)4.
4. Investigating or inspecting highways, structures or terrain under hazardous conditions.
230.36(5)
(5) The employing agency which makes payments under this section is entitled to the right of subrogation for reimbursement to the extent that the injured employe may recover the reimbursed items in an action or claim in tort against any 3rd party. The repayment shall not exceed the total sums paid to such employe under this section and shall be limited to the total sum credited to such employe, as damages for pay and fringe benefits actually received in the settlement of any claim caused by the negligence of such 3rd party.
230.36(6)
(6) Any person who is employed by the University of Wisconsin Hospitals and Clinics Authority, who suffers an injury as defined in
sub. (2) between June 29, 1996, and June 30, 1997, shall be covered under this section if the person, had he or she been a state employe, would have been covered under this section.
230.36 History
History: 1971 c. 164,
270;
1973 c. 333 s.
201m;
1975 c. 39,
189,
199,
224,
422;
1977 c. 26;
1977 c. 196 ss.
57,
119,
130 (4);
1977 c. 418 ss.
728,
729,
924 (50);
1977 c. 447 ss.
146,
206; Stats. 1977 s. 230.36;
1979 c. 32;
1979 c. 221 ss.
745,
746,
2202 (15);
1985 a. 29,
135;
1987 a. 27,
83;
1989 a. 31;
1993 a. 98,
215,
491;
1995 a. 27,
77.
230.36 Annotation
Discussion of s. 230.36, 1977 stats., continuation of pay to employe injured in hazardous employment, with respect to long-term disability. 68 Atty. Gen. 25.
230.37
230.37
Standards of performance and ratings. 230.37(1)
(1) In cooperation with appointing authorities the secretary shall establish an employe performance evaluation program to provide a continuing record of employe development and, when applicable, to serve as a basis for pertinent personnel actions. Similar evaluations shall be conducted during the probationary period but may not infringe upon the authority of the appointing authority to retain or dismiss employes during the probationary period.
230.37(2)
(2) When an employe becomes physically or mentally incapable of or unfit for the efficient and effective performance of the duties of his or her position by reason of infirmities due to age, disabilities, or otherwise, the appointing authority shall either transfer the employe to a position which requires less arduous duties, if necessary demote the employe, place the employe on a part-time service basis and at a part-time rate of pay or as a last resort, dismiss the employe from the service. The appointing authority may require the employe to submit to a medical or physical examination to determine fitness to continue in service. The cost of such examination shall be paid by the employing agency. In no event shall these provisions affect pensions or other retirement benefits for which the employe may otherwise be eligible.
230.37 History
History: 1971 c. 270 ss.
66,
81; Stats. 1971 s. 16.32;
1977 c. 196 ss.
59,
130 (4);
1977 c. 273; Stats. 1977 s. 230.37;
1987 a. 140.
230.40
230.40
Political activities; public office. 230.40(1)
(1) No person holding a position in the classified civil service may directly or indirectly solicit or receive subscriptions or contributions for any partisan political party or any political purpose while on state time or engaged in official duties as an employe. No person may orally solicit or by letter transmit any solicitation to a state office or be in any manner concerned in soliciting any assistance, subscription, or support for any partisan political party or purpose from any person holding any position in the classified civil service while on state time or engaged in official duties as an employe. No person holding any position in the classified civil service may during the hours when on duty engage in any form of political activity calculated to favor or improve the chances of any political party or any person seeking or attempting to hold partisan political office, nor engage in any political activity when not on duty to such an extent that the person's efficiency during working hours will be impaired or that he or she will be tardy or absent from work. Any violation of this section is adequate grounds for dismissal.
230.40(2)
(2) If a person in the classified service declares an intention to run for partisan political office the person shall be given a leave of absence for the duration of the election campaign and if elected shall separate from the classified service on assuming the duties and responsibilities of such office.
230.40(3)
(3) A person who separates from the classified service to fill an elective position shall have reinstatement privileges for 3 years following termination from the classified service or for one year following termination from the elective position, whichever is longer.
230.40(4)
(4) A person in the classified service may be granted upon concurrence by the person's appointing authority a leave of absence to participate in partisan political campaigning.
230.40(5)
(5) Persons on leave from the classified service under
subs. (2) and
(4) shall not be subject to the restrictions of
sub. (1), except as they apply to the solicitation of assistance, subscription or support from any person holding any position in the classified service.
230.40(6)
(6) The administrator shall administer this section.
230.40 History
History: 1971 c. 270 s.
82; Stats. 1971 s. 16.35;
1973 c. 334;
1977 c. 196 s.
61;
1977 c. 273; Stats. 1977 s. 230.40;
1979 c. 221.
230.40 Annotation
State employes covered by the Hatch Act cannot be discharged for partisan political participation while on leaves of absence under (2) and (4). 63 Atty. Gen. 217.
230.40 Annotation
Discussion of restrictions on political activities of state employes under federal and state law. 67 Atty. Gen. 315.
230.40 Annotation
Classified state employes whose positions are federally funded in whole or in part, and who are not covered by a collective bargaining agreement, are entitled to leaves of absence in order to run for partisan political office and cannot be compelled to resign. Leaves of absence for such employes are governed generally by terms of applicable collective bargaining agreements.
73 Atty. Gen. 131.
230.40 Annotation
Meaning of "declares an intention to run for office" in section 230.40 (2) discussed.
81 Atty. Gen. 135.
230.41
230.41
Invalid appointments. Any person employed or appointed contrary to this subchapter, or to the rules established thereunder, shall be paid by the appointing authority so employing or appointing, or attempting to employ or appoint that person, the compensation agreed upon for any service performed under such appointment or employment, or attempted appointment or employment, or in case no compensation is agreed upon, the actual value of such services and any expenses incurred in connection therewith, and shall have a cause of action against such appointing authority, for such sum and for the costs of the action. No appointing authority shall be reimbursed by the state for any sums so paid or recovered in any such action.
230.41 History
History: 1971 c. 270 s.
80; Stats. 1971 s. 16.36;
1977 c. 196 s.
61; Stats. 1977 s. 230.41;
1991 a. 316.
230.43
230.43
Misdemeanors; how punished. 230.43(1)
(1)
Obstruction or falsifications of examinations. 230.43(1)(a)(a) Any person who wilfully, alone or in cooperation with one or more persons, defeats, deceives or obstructs any person in respect of the rights of examination or registration under this subchapter or any rules prescribed pursuant thereto, or
230.43(1)(b)
(b) Who wilfully, or corruptly, falsely marks, grades, estimates or reports upon the examination or proper standing of any person examined, registered or certified, pursuant to this subchapter, or aids in so doing, or
230.43(1)(c)
(c) Who wilfully or corruptly makes any false representations concerning the same, or concerning the person examined, or
230.43(1)(d)
(d) Who wilfully or corruptly furnishes any person any special or secret information for the purpose of either improving or injuring the prospects or chances of any persons so examined, registered or certified, being appointed, employed or promoted, or
230.43(1)(e)
(e) Who personates any other person, or permits or aids in any manner any other person to personate him or her in connection with any examination, registration, application or request to be examined or registered, shall for each offense be guilty of a misdemeanor.
230.43(2)
(2) Prohibited appointments. Whoever, after a rule has been duly established and published, makes an appointment to office or selects a person for employment, contrary to such rule, or wilfully refuses or neglects otherwise to comply with, or to conform to, this subchapter, or violates any of such provisions, shall be guilty of a misdemeanor. If any person is convicted under this subsection, any public office which such person may hold shall by force of such conviction be rendered vacant, and such person shall be incapable of holding public office for a period of 5 years from the date of such conviction.
230.43(3)
(3) Penalty. Misdemeanors under this section are punishable by a fine of not less than $50 nor more than $1,000, or by imprisonment for not more than one year in the county jail or both.
230.43(4)
(4) Rights of employe. If an employe has been removed, demoted or reclassified, from or in any position or employment in contravention or violation of this subchapter, and has been restored to such position or employment by order of the commission or any court upon review, the employe shall be entitled to compensation therefor from the date of such unlawful removal, demotion or reclassification at the rate to which he or she would have been entitled by law but for such unlawful removal, demotion or reclassification. Interim earnings or amounts earnable with reasonable diligence by the employe shall operate to reduce back pay otherwise allowable. Amounts received by the employe as unemployment benefits or welfare payments shall not reduce the back pay otherwise allowable, but shall be withheld from the employe and immediately paid to the unemployment reserve fund or, in the case of a welfare payment, to the welfare agency making such payment. The employe shall be entitled to an order of mandamus to enforce the payment or other provisions of such order.
230.43(5)
(5) Taxpayers' suits. The right of any taxpayer to bring any action to restrain the payment of compensation to any person appointed to or holding any office or place of employment in violation of this subchapter shall not be limited or denied by reason of the fact that the office or place of employment has been classified as, or determined to be, not subject to competitive examination; however, any judgment or injunction in any such action shall be prospective only, and shall not affect payments already made or due to such persons by the proper disbursing officers, in accordance with the rules of the secretary in force at the time of such payments.
230.43 History
History: 1971 c. 270 ss.
64,
75,
84 to
86; Stats. 1971 s. 16.38;
1977 c. 196 ss.
64,
130 (5);
1977 c. 273; Stats. 1977 s. 230.43;
1979 c. 221;
1981 c. 140;
1983 a. 27 s.
2200 (15).
230.43 Annotation
Back pay under (4) isn't available remedy in reinstatement cases. Seep v. Personnel Commission, 140 W (2d) 32, 409 NW (2d) 142 (Ct. App. 1987).
230.43 Annotation
This section does not confer any special right of action. The statute ensures that actions brought to enjoin the compensation of improperly appointed officials are not limited to classified employes. Association of Career Employees v. Klauser, 195 W (2d) 602, 536 NW (2d) 478 (Ct. App. 1995).
230.44
230.44
Appeal procedures. 230.44(1)(1)
Appealable actions and steps. Except as provided in
par. (e), the following are actions appealable to the commission under
s. 230.45 (1) (a):
230.44(1)(a)
(a)
Decision made or delegated by administrator. Appeal of a personnel decision under this subchapter made by the administrator or by an appointing authority under authority delegated by the administrator under
s. 230.05 (2).
230.44(1)(b)
(b)
Decision made or delegated by secretary. Appeal of a personnel decision under
s. 230.09 (2) (a) or
(d) or
230.13 (1) made by the secretary or by an appointing authority under authority delegated by the secretary under
s. 230.04 (1m).
230.44(1)(c)
(c)
Demotion, layoff, suspension or discharge. If an employe has permanent status in class, or an employe has served with the state or a county, or both, as an assistant district attorney for a continuous period of 12 months or more, the employe may appeal a demotion, layoff, suspension, discharge or reduction in base pay to the commission, if the appeal alleges that the decision was not based on just cause.
230.44(1)(d)
(d)
Illegal action or abuse of discretion. A personnel action after certification which is related to the hiring process in the classified service and which is alleged to be illegal or an abuse of discretion may be appealed to the commission.
230.44(1)(e)
(e)
Discretionary performance awards. This subsection does not apply to decisions of an appointing authority relating to discretionary performance awards under
s. 230.12 (5), including the evaluation methodology and results used to determine the award or the amount awarded.
230.44(1)(f)
(f)
Corrections employe rights. A determination that a person was discharged from the unclassified service for just cause under
s. 230.337.
230.44(1)(g)
(g)
Decisions by the University of Wisconsin Hospitals and Clinics Authority. Appeal of a personnel decision by the chief executive officer of the University of Wisconsin Hospitals and Clinics Authority, or by a person delegated by the chief executive officer to make personnel decisions, if all of the following conditions are satisfied:
230.44(1)(g)1.
1. The appeal is by an employe of the authority who holds a position that would be included in the classified service if the employe were a state employe.
230.44(1)(g)2.
2. The personnel decision is a demotion, layoff, suspension, discharge or reduction in base pay and the appeal alleges that the decision was not for just cause.
230.44(2)
(2) Form. All appeals filed under this section shall be in writing.
230.44(3)
(3) Time limits. Any appeal filed under this section may not be heard unless the appeal is filed within 30 days after the effective date of the action, or within 30 days after the appellant is notified of the action, whichever is later, except that if the appeal alleges discrimination under
subch. II of ch. 111, the time limit for that part of the appeal alleging such discrimination shall be 300 days after the alleged discrimination occurred.
230.44(4)(a)(a) A hearing under this section shall be open to the public unless the appellant requests that the hearing be closed.
230.44(4)(b)
(b) An employe shall attend a hearing under this subsection and testify when requested to do so by the commission. Any person not under the civil service who appears before the commission by order shall receive for his or her attendance the fees and mileage provided for witnesses in civil actions in courts of record under
ch. 885, which shall be audited and paid by the state in the same manner as other expenses are audited and paid, upon the presentation of properly verified vouchers approved by the commission and charged to the proper appropriation for the commission. No witness subpoenaed at the insistence of a party other than the commission is entitled to compensation from the state for attendance or travel, unless the commission certifies that his or her testimony was relevant and material to the matter investigated.
230.44(4)(bm)
(bm) Upon request of an employe who files an appeal of the decision of the secretary made under
s. 230.09 (2) (a) or
(d), the appeal shall be heard by a commissioner or attorney employed by the commission serving as arbitrator under rules promulgated for this purpose by the commission. In such an arbitration, the arbitrator shall orally render a decision at the conclusion of the hearing affirming, modifying or rejecting the decision of the secretary. The decision of the arbitrator is final and is not subject to review by the commission. An arbitrator's decision may not be cited as precedent in any other proceeding before the commission or before any court. The arbitrator shall promptly file his or her decision with the commission. The decision of the arbitrator shall stand as the decision of the commission. The decision of the commission is subject to review under
ss. 227.53 to
227.57 only on the ground that the decision was procured by corruption, fraud or undue means or that the arbitrator or the commission exceeded the arbitrator's or the commission's power. The record of a proceeding under this paragraph shall be transcribed as provided in
s. 227.44 (8).
230.44(4)(c)
(c) After conducting a hearing or arbitration on an appeal under this section, the commission or the arbitrator shall either affirm, modify or reject the action which is the subject of the appeal. If the commission or the arbitrator rejects or modifies the action, the commission may issue an enforceable order to remand the matter to the person taking the action for action in accordance with the decision. Any action brought against the person who is subject to the order for failure to comply with the order shall be brought and served within 60 days after the date of service of the decision of the commission or the arbitrator.
230.44(4)(d)
(d) The commission may not remove an incumbent or delay the appointment process as a remedy to a successful appeal under this section unless there is a showing of obstruction or falsification as enumerated in
s. 230.43 (1).
230.44(4)(e)
(e) Any party in an action under this section may be present at a hearing in the action under this section, in person, by attorney or by any other agent.
230.44(4)(f)
(f) The commission shall issue a decision on an action under this section within 90 days after the hearing on the action is completed.
230.44 Annotation
Discharge of probationary employe is not within "hiring process" under (1) (d). Board of Regents v. Wisconsin Pers. Comm. 103 W (2d) 545, 309 NW (2d) 366 (Ct. App. 1981).
230.44 Annotation
Commission had jurisdiction to hear appeal of career executive employe from reassignment to job in lower pay range where complaint alleged that reassignment was for disciplinary purposes and was unreasonable and improper exercise of discretion. Basinas v. State, 104 W (2d) 539, 312 NW (2d) 483 (1981).
230.44 Annotation
While this section's procedures may be available to persons other than affected employes, an action to have declared illegal an alleged intentional and systematic attempt to circumvent civil service laws for partisan political purposes was not barred due to a failure to meet the appeal time limits of this section. Association of Career Employees v. Klauser, 195 W (2d) 602, 536 NW (2d) 478 (Ct. App. 1995).
230.45
230.45
Powers and duties of personnel commission.
