230.45(1)(am)
(am) Designate a commissioner or an attorney employed by the commission to serve as an arbitrator in arbitrations under
s. 230.44 (4) (bm).
230.45(1)(b)
(b) Receive and process complaints of discrimination under
s. 111.375 (2). In the course of investigating or otherwise processing such a complaint, the commission may require that an interview with any state employe, except a management or supervisory employe who is a party to or immediately involved in the subject matter of the complaint, be conducted outside the presence of the appointing authority or any representative or agent thereof unless the employe voluntarily requests that presence. An appointing authority shall permit an employe to be interviewed without loss of pay and to have an employe representative present at the interview. An appointing authority of an employe to be interviewed may require the commission to give the appointing authority reasonable notice prior to the interview.
230.45(1)(c)
(c) Serve as final step arbiter in the state employe grievance procedure established under
s. 230.04 (14).
230.45(1)(e)
(e) Hear appeals, when authorized under county merit system rules under
s. 49.33 (4), from any interested party.
230.45(1)(g)
(g) Receive and process complaints of discrimination pertaining to occupational safety and health under
s. 101.055 (8).
230.45(1)(gm)
(gm) Receive and process complaints of retaliatory disciplinary action under
s. 230.85.
230.45(1)(h)
(h) Keep minutes of its own proceedings and other official actions. All such records shall, subject to reasonable rules, be open to public inspection. Records of the secretary or the administrator which are confidential shall be kept confidential by the commission.
230.45(1)(i)
(i) Adopt rules necessary to carry out this section. Notice of the contents of such rules and amendments thereto shall be given promptly to the secretary, the administrator and appointing authorities affected thereby.
230.45(1)(j)
(j) Receive complaints of discharge or discrimination under
s. 46.90 (4) (b) and, except as provided in
sub. (1m), process the complaints in the same manner that employment discrimination complaints are processed under
s. 111.39.
230.45(1m)
(1m) The commission shall waive the investigation and determination of probable cause of any complaint that is filed by a complainant under
sub. (1) or
s. 103.10 (12) (b) at the complainant's request. If the commission waives the investigation and probable cause determination, the commission shall proceed with a hearing on the complaint. The commission's waiver of an investigation and probable cause determination does not affect the commission's right to attempt to resolve the complaint by conference, conciliation or persuasion.
230.45(2)
(2) Subsection (1) (c) does not apply to an employe who, using the agency grievance procedure, grieves his or her dissatisfaction with the evaluation methodology and results used to determine any discretionary performance award or the amount of such an award. Any such employe grievance shall be settled on the basis of the appointing authority's decision.
230.45(3)
(3) The commission shall promulgate rules establishing a schedule of filing fees to be paid by any person who files an appeal under
sub. (1) (c) or
(e) or
s. 230.44 (1) (a) or
(b) with the commission on or after the effective date of the rules promulgated under this subsection. Fees paid under this subsection shall be deposited in the general fund as general purpose revenue — earned.
230.45 Annotation
Commission powers under (1) (b) include power to investigate complaints and issue subpoenas. 68 Atty. Gen. 403.
230.46
230.46
Duties of council on affirmative action. The council on affirmative action in the department shall serve in a direct advisory capacity to the secretary and as part of that relationship shall evaluate the progress of affirmative action programs throughout the civil service system, seek compliance with state and federal regulations and recommend improvements in the state's affirmative action efforts as an employer. In carrying out its responsibilities, the council may recommend legislation, consult with agency personnel and other interested persons, conduct hearings and take other appropriate action to promote affirmative action. The council shall report at least once per year to the governor and the legislature.
230.46 History
History: 1977 c. 196;
1983 a. 27.
230.46 Annotation
See note to 230.01, citing Univ. of California Regents v. Bakke, 438 US 265 (1978).
230.48
230.48
State employes suggestion board. 230.48(1)
(1)
Duties. The state employes suggestion board shall do all of the following:
230.48(1)(a)
(a) Formulate, establish and maintain a plan or plans to encourage and reward unusual and meritorious suggestions and accomplishments by state employes promoting efficiency and economy in the performance of any function of state government.
230.48(1)(b)
(b) Appoint departmental or divisional committees to analyze and review suggestions and accomplishments of state employes submitted for consideration under the plan or plans established under
par. (a), and make recommendations regarding the plan or plans to the state employes suggestion board.
230.48(1)(c)
(c) Make and render awards to or for the benefit of state employes nominated to receive them in accordance with the plan or plans established under
par. (a).
230.48(2)
(2) Personnel, facilities and equipment. The department shall appoint, under the classified service, a secretary and such other employes as are necessary to carry out the duties of the state employes suggestion board, and shall provide such facilities and equipment as that board requires for the proper performance of its work. The state employes suggestion board may request and shall receive from any state department any assistance that it requires.
230.48(3)
(3) Awards. The state employes suggestion board may determine the nature and extent of the awards to be made under this section which may include, but shall not be limited to, all of the following:
230.48(3)(a)
(a) Certificates, medals or other insignia, in the form and awarded at the times that the state employes suggestion board determines.
230.48(3)(b)
(b) Cash awards, in the amount and payable at the times that the state employes suggestion board determines.
230.48(4)
(4) Rules. The state employes suggestion board may promulgate rules governing the operation of any plan or plans established under
sub. (1) (a), the eligibility and qualifications of state employes participating under this section, the character and quality of suggestions and accomplishments submitted for consideration, the method of their submission and the procedure for their review, nominations for awards, and the kind, character and value of the awards, and any other rules as are necessary for the proper administration of this section or for the accomplishment of the purposes of this section.
230.48 History
History: 1971 c. 270 s.
87; Stats. 1971 s. 16.34;
1977 c. 196 s.
61; Stats. 1977 s. 16.008;
1977 c. 418 s.
36; Stats. 1977 s. 16.006;
1981 c. 20;
1987 a. 142;
1989 a. 31 s.
99; Stats. 1989 s. 230.48.
EMPLOYE PROTECTION
230.80
230.80
Definitions. In this subchapter:
230.80(1)
(1) "Abuse of authority" means an arbitrary or capricious exercise of power.
230.80(1m)
(1m) "Appointing authority" means the chief officer of any governmental unit unless another person is authorized to appoint subordinate staff by the constitution or any law.
230.80(2)
(2) "Disciplinary action" means any action taken with respect to an employe which has the effect, in whole or in part, of a penalty, including but not limited to any of the following:
230.80(2)(a)
(a) Dismissal, demotion, transfer, removal of any duty assigned to the employe's position, refusal to restore, suspension, reprimand, verbal or physical harassment or reduction in base pay.
230.80(2)(b)
(b) Denial of education or training, if the education or training may reasonably be expected to lead to an appointment, promotion, performance evaluation or other personnel action.
230.80(2)(d)
(d) Failure to increase base pay, except with respect to the determination of a discretionary performance award.
230.80(3)
(3) "Employe" means any person employed by any governmental unit except:
230.80(3)(a)
(a) A person employed by the office of the governor, the courts, the legislature or a service agency under
subch. IV of ch. 13.
230.80(3)(b)
(b) A person who is, or whose immediate supervisor is, assigned to an executive salary group under
s. 20.923.
230.80(4)
(4) "Governmental unit" means any association, authority, board, commission, department, independent agency, institution, office, society or other body in state government created or authorized to be created by the constitution or any law, including the legislature, the office of the governor and the courts. "Governmental unit" does not mean any political subdivision of the state or body within one or more political subdivisions which is created by law or by action of one or more political subdivisions.
230.80(5)
(5) "Information" means information gained by the employe which the employe reasonably believes demonstrates:
230.80(5)(a)
(a) A violation of any state or federal law, rule or regulation.
230.80(5)(b)
(b) Mismanagement or abuse of authority in state or local government, a substantial waste of public funds or a danger to public health and safety.
230.80(6)
(6) "Merit further investigation" means reasonably indicates the existence of a situation justifying inquiry.
230.80(7)
(7) "Mismanagement" means a pattern of incompetent management actions which are wrongful, negligent or arbitrary and capricious and which adversely affect the efficient accomplishment of an agency function. "Mismanagement" does not mean the mere failure to act in accordance with a particular opinion regarding management techniques.
230.80(8)
(8) "Retaliatory action" means a disciplinary action taken because of any of the following:
230.80(8)(b)
(b) The employe testified or assisted or will testify or assist in any action or proceeding relating to the lawful disclosure of information under
s. 230.81 by another employe.
230.80(8)(c)
(c) The appointing authority, agent of an appointing authority or supervisor believes the employe engaged in any activity described in
par. (a) or
(b).
230.80(9)
(9) "Substantial waste of public funds" means an unnecessary expenditure of a substantial amount of money or a series of unnecessary expenditures of smaller amounts of money.
230.80 History
History: 1983 a. 409;
1995 a. 27,
326.
230.81
230.81
Employe disclosure. 230.81(1)(1) An employe with knowledge of information the disclosure of which is not expressly prohibited by state or federal law, rule or regulation may disclose that information to any other person. However, to obtain protection under
s. 230.83, before disclosing that information to any person other than his or her attorney, collective bargaining representative or legislator, the employe shall do either of the following:
230.81(1)(a)
(a) Disclose the information in writing to the employe's supervisor.
230.81(1)(b)
(b) After asking the commission which governmental unit is appropriate to receive the information, disclose the information in writing only to the governmental unit the commission determines is appropriate. The commission may not designate the department of justice, the courts, the legislature or a service agency under
subch. IV of ch. 13 as an appropriate governmental unit to receive information. Each appropriate governmental unit shall designate an employe to receive information under this section.
230.81(2)
(2) Nothing in this section prohibits an employe from disclosing information to an appropriate law enforcement agency, a state or federal district attorney in whose jurisdiction the crime is alleged to have occurred, a state or federal grand jury or a judge in a proceeding commenced under
s. 968.26, or disclosing information pursuant to any subpoena issued by any person authorized to issue subpoenas under
s. 885.01. Any such disclosure of information is a lawful disclosure under this section and is protected under
s. 230.83.
230.81(3)
(3) Any disclosure of information by an employe to his or her attorney, collective bargaining representative or legislator or to a legislative committee or legislative service agency is a lawful disclosure under this section and is protected under
s. 230.83.
230.81 History
History: 1983 a. 409.
230.82
230.82
Processing of information. 230.82(1)
(1) A governmental unit to which an employe discloses information under
s. 230.81 (1) shall process it as provided in this section. Within 30 days of receiving the information, the governmental unit shall either initially determine if it merits further investigation or refer the information to a governmental unit better able to initially determine if it merits further investigation. A governmental unit which initially determines information to merit further investigation shall, within 30 days of that determination, either commence a full investigation into the truth of the information or refer the information to a governmental unit better able to conduct such an investigation, which shall commence it within 30 days of referral. A governmental unit may disclose or refer information to an appropriate law enforcement agency or district or federal attorney as part of an investigation or in lieu of referral to another governmental unit, if the law enforcement agency or district or federal attorney is best able to conduct the investigation. Any full investigation commenced shall be completed within a reasonable time.
230.82(2)
(2) A governmental unit which initially determines that information merits further investigation, or which after a full investigation finds information to be true, shall so inform the employe and his or her appointing authority in writing. A governmental unit which initially determines information not to merit further investigation, refers the information to another governmental unit or after a full investigation finds information to be untrue shall so inform the employe in writing.
230.82(3)
(3) A governmental unit which investigates or otherwise processes information disclosed under
s. 230.81 may require that an interview with any employe described in
s. 230.80 (3), except a management or supervisory employe immediately involved in the subject matter of the information disclosed, be conducted outside the presence of the appointing authority or any representative or agent thereof unless the employe voluntarily requests that presence. An appointing authority shall permit an employe to be interviewed without loss of pay and to have an employe representative present at the interview. An appointing authority of an employe to be interviewed may require the governmental unit to give the appointing authority reasonable notice prior to the interview.
230.82(4)
(4) A governmental unit shall keep the identity of the employe confidential until the governmental unit determines the information merits further investigation. If a governmental unit conducts a full investigation, it shall keep the identity of the employe confidential if it is reasonably possible to do so.
230.82 History
History: 1983 a. 409.
230.83
230.83
Retaliatory action prohibited. 230.83(1)
(1) No appointing authority, agent of an appointing authority or supervisor may initiate or administer, or threaten to initiate or administer, any retaliatory action against an employe.
230.83(2)
(2) This section does not apply to an employe who discloses information if the employe knows or anticipates that the disclosure is likely to result in the receipt of anything of value for the employe or for the employe's immediate family, unless the employe discloses information in pursuit of any award offered by any governmental unit for information to improve government administration or operation.
230.83(3)
(3) Nothing in this section restricts the right of an employer to take appropriate disciplinary action against an employe who knowingly makes an untrue statement or discloses information the disclosure of which is expressly prohibited by state or federal law, rule or regulation.
230.83 History
History: 1983 a. 409.
230.85(1)(1) An employe who believes that a supervisor or appointing authority has initiated or administered, or threatened to initiate or administer, a retaliatory action against that employe in violation of
s. 230.83 may file a written complaint with the commission, specifying the nature of the retaliatory action or threat thereof and requesting relief, within 60 days after the retaliatory action allegedly occurred or was threatened or after the employe learned of the retaliatory action or threat thereof, whichever occurs last.
230.85(2)
(2) The commission shall receive and, except as provided in
s. 230.45 (1m), investigate any complaint under
sub. (1). In the course of investigating or otherwise processing such a complaint, the commission may require that an interview with any employe described in
s. 230.80 (3), except a management or supervisory employe who is a party to or is immediately involved in the subject matter of the complaint, be conducted outside the presence of the appointing authority or any representative or agent thereof unless the employe voluntarily requests that presence. An appointing authority shall permit an employe to be interviewed without loss of pay and to have an employe representative present at the interview. An appointing authority of an employe to be interviewed may require the commission to give the appointing authority reasonable notice prior to the interview. If the commission finds probable cause to believe that a retaliatory action has occurred or was threatened, it may endeavor to remedy the problem through conference, conciliation or persuasion. If that endeavor is not successful, the commission shall issue and serve a written notice of hearing, specifying the nature of the retaliatory action which has occurred or was threatened, and requiring the person named, in this section called the "respondent", to answer the complaint at a hearing. The notice shall specify the place of hearing and a time of hearing not less than 30 days after service of the complaint upon the respondent nor less than 10 days after service of the notice of hearing. If, however, the commission determines that an emergency exists with respect to a complaint, the notice of hearing may specify a time of hearing within 30 days after service of the complaint upon the respondent, but not less than 10 days after service of the notice of hearing. The testimony at the hearing shall be recorded or taken down by a reporter appointed by the commission.
230.85(3)(a)(a) After hearing, the commission shall make written findings and orders. If the commission finds the respondent engaged in or threatened a retaliatory action, it shall order the employe's appointing authority to insert a copy of the findings and orders into the employe's personnel file and, if the respondent is a natural person, order the respondent's appointing authority to insert such a copy into the respondent's personnel file. In addition, the commission may take any other appropriate action, including but not limited to the following:
230.85(3)(a)1.
1. Order reinstatement or restoration of the employe to his or her previous position with or without back pay.
230.85(3)(a)2.
2. Order transfer of the employe to an available position for which the employe is qualified within the same governmental unit.
230.85(3)(a)3.
3. Order expungement of adverse material relating to the retaliatory action or threat from the employe's personnel file.
230.85(3)(a)4.
4. Order payment of the employe's reasonable attorney fees by a governmental unit respondent, or by a governmental unit employing a respondent who is a natural person if that governmental unit received notice and an opportunity to participate in proceedings before the commission.
230.85(3)(a)5.
5. Recommend to the appointing authority of a respondent who is a natural person that disciplinary or other action be taken regarding the respondent, including but not limited to any of the following:
230.85(3)(a)5.a.
a. Placement of information describing the respondent's violation of
s. 230.83 in the respondent's personnel file.
230.85(3)(b)
(b) If, after hearing, the commission finds that the respondent did not engage in or threaten a retaliatory action it shall order the complaint dismissed. The commission shall order the employe's appointing authority to insert a copy of the findings and orders into the employe's personnel file and, if the respondent is a natural person, order the respondent's appointing authority to insert such a copy into the respondent's personnel file. If the commission finds by unanimous vote that the employe filed a frivolous complaint it may order payment of the respondent's reasonable actual attorney fees and actual costs. Payment may be assessed against either the employe or the employe's attorney, or assessed so that the employe and the employe's attorney each pay a portion. To find a complaint frivolous the commission must find that either
s. 814.025 (3) (a) or
(b) applies or that both
s. 814.025 (3) (a) and
(b) apply.
230.85(3)(c)
(c) Pending final determination by the commission of any complaint under this section, the commission may make interlocutory orders.
230.85(3)(d)
(d) Interim earnings or amounts earnable with reasonable diligence by the person subjected to the retaliatory action or threat shall reduce back pay otherwise allowable. Amounts received by the person subjected to the retaliatory action or threat as unemployment benefits or welfare payments do not reduce the back pay otherwise allowable, but shall be withheld from the person subjected to the retaliatory action or threat and immediately paid to the unemployment reserve fund or to the welfare agency making the payment.
