63.03(3)
(3) Except as otherwise provided in the statutes, if a commission created under
ss. 63.01 to
63.17 deems such action to be necessary to secure the best service for the county, the commission may:
63.03(3)(a)
(a) Transfer any position of department head, deputy department head, associate department head or immediate assistant department head from the classified service to the unclassified service if the position is in pay range 30 or above. The appointing authority for department heads transferred to or from the classified service under this paragraph shall be designated by county ordinance prior to appointment of any person to any such transferred position. Such appointment shall be subject to confirmation by the county board.
63.03(3)(b)
(b) Transfer nonelective offices or positions from the unclassified service under
sub. (2) to the classified service.
63.04
63.04
Appointments; promotions and removals in classified service. On and after January first next succeeding the date when
ss. 63.01 to
63.16 become applicable in any county no person shall be appointed or promoted to, reduced in, transferred to or in, or removed from the classified service in any such county, except in accordance with the provisions of said sections.
63.05
63.05
Certifications; appointments; temporary assignments. 63.05(1)(1) If an appointing authority in any county with a commission under
ss. 63.01 to
63.16 learns that a vacancy has occurred or is about to occur in any position in the classified service in his or her department, the appointing authority shall notify the director of personnel of the vacancy. The appointing authority shall include with the notice of the vacancy a recommendation as to whether the vacancy should be filled by promotion, reduction or reinstatement of a named individual employe from any county department or from an eligible list established under
s. 63.08. The director of personnel, with the approval of the commission, may:
63.05(1)(a)
(a) After verification by the appointing authority that the recommendation of the appointing authority is based on the employe's merit and fitness for the position and that the employe meets the established minimum qualifications for the position, certify the employe's name to the appointing authority; or
63.05(1)(b)
(b) Certify to the appointing authority the number of persons standing highest on the eligible list. The number of persons certified may be set by the commission by rule, subject to
s. 63.08 (1) (f). The number set by the commission may not be less than 5. If less than 5 names appear on an eligible list at the time that the director of personnel receives the notice of a vacancy, the director may certify the names on the list and the appointing authority may:
63.05(2)
(2) From the names certified under
sub. (1) (b), the appointing authority shall make a selection to fill a vacant position based solely on merit and fitness.
63.05(3)
(3) If at the time the director of personnel receives a notice of a vacancy under
sub. (1) there is no eligible list for the vacant position, the appointing authority may fill, temporarily, the position by an emergency appointment, subject to any rule or restriction which the commission adopts.
63.05 History
History: 1977 c. 196;
1983 a. 148.
63.06
63.06
Rights of employes in military service. Any person in the classified service in any such county who is now or hereafter becomes an active member of the military or naval forces of the United States during a period officially proclaimed to be a national emergency or limited national emergency or under
P.L. 87-117, shall be granted leave of absence, such leave to be continuous for the duration of the existing emergency or duty, plus 90 days. Service toward seniority or salary advancement shall be deemed not to be interrupted by such military service, provided that persons occupying a probationary status upon commencing such military leave shall revert to such status upon reinstatement. Application for reinstatement shall be made within 90 days from honorable discharge from the military service. Evidence of honorable discharge shall be presented to the civil service commission with such application. The position of the person so on leave shall not be filled except by appointment through the certification of the persons next eligible. Upon application of the person so on leave and presentation of evidence of such honorable discharge and of such evidence of physical fitness to perform the duties of the position formerly occupied as shall be satisfactory to the civil service commission the person shall be reinstated in the position formerly occupied by the person or in a position having similar character and standards of duties and compensation, if such military service was not for more than 4 years unless extended by law. The person appointed to fill such position during the absence of the person so on military leave shall, upon the latter's reinstatement, be transferred to a similar position if one is available, or if not, that person's name shall be placed on the appropriate reinstatement list in accordance with the rules of the civil service commission.
63.06 History
History: 1991 a. 316.
63.065
63.065
Elected county or state officers. A permanent employe in the classified service of any county having a population of 500,000 or more, who is elected to a county or state office shall be granted a leave of absence without pay from a position for the period of his or her entire service as an elected county or state officer and thereafter shall be entitled to return to the former position or to one with equivalent responsibility and pay in the classified service without loss of seniority or civil service status. At the discretion of the civil service commission, any elected state officer, while on leave of absence, may also be permitted to return to a former position or to one with equivalent responsibility and pay in the classified service for such periods of time as may be set by the commission. This section shall not apply to any department head in the classified service whenever the commission has established a list of department heads or employes of any county department under
s. 46.215.
63.065 History
History: 1977 c. 271;
1985 a. 176.
63.065 Annotation
When this section permits person to return from an approved leave of absence to classified service without loss of seniority, it means that the person is treated for seniority purposes as though never having left the position in classified service.
78 Atty. Gen. 11.
63.07
63.07
Temporary appointments. 63.07(1)(a)(a) When need exists for the filling of a position in the classified service for a period of not to exceed 6 months' duration, a temporary appointment shall be made for such period from the proper eligible list or as provided in
s. 63.05 (3). Such temporary appointment may be extended once for not to exceed 6 months by resolution of the county board after receipt by it of a recommendation for such extension from the civil service commission. The acceptance or refusal by an eligible of a temporary appointment shall not affect that person's standing on the eligible register for permanent employment nor shall the period of service of any temporary appointment be counted as a part of the probationary service required after appointment to a permanent position.
63.07(1)(b)
(b) This subsection shall apply to a position created on a temporary basis or to a temporary appointment to a position created on a permanent basis. As to either of such methods of filling a position which has existed for more than one year on June 19, 1941, the county board shall within 60 days after said date provide for filling such position on a permanent basis or abolish the same.
63.07 History
History: 1983 a. 148 s.
10;
1991 a. 316.
63.08
63.08
Eligible lists. 63.08(1)(a)(a) Any applicant for an examination under
s. 63.05 shall be a resident of this state before applying for an examination. The commission may require an applicant to file a written application form which bears upon the applicant's fitness for a vacant position and which the commission deems necessary. For a position offering a skilled, technical or professional service, upon a finding that a suitable number of qualified applicants cannot be obtained from within the state, the commission may open the examination to residents of other states. Residency in this state may be waived for an applicant for an examination for a position which requires a license in a health care field. No question pertaining to political affiliation or religious faith may be asked of any applicant for an examination.
63.08(1)(b)
(b) Every examination, including minimum training and experience requirements, to fill a vacant position under this section shall be job-related in compliance with appropriate validation standards. Any experience, whether paid or unpaid, which is relevant to the duties of the position shall be applied toward satisfaction of experience requirements. The names of the persons passing the examination shall be placed on an eligible list in the order of their final grades in the examination. The director of personnel shall certify the list under
s. 63.05.
63.08(1)(c)
(c) No otherwise qualified handicapped person shall be discriminated against in examination, reexamination, appointment, reappointment, promotion or demotion relating to a vacant position under
s. 63.05 (1) unless the handicap is reasonably related to the individual's ability to adequately undertake the job-related responsibilities of that individual's employment.
63.08(1)(d)
(d) To ensure competitive equality in an examination under this section between a handicapped applicant and an applicant who is not handicapped, the handicapped applicant may request that the commission furnish a reader or an appropriate place to take the examination or other similar accommodations.
63.08(1)(e)
(e) Upon the request of a person who is applying or eligible for a position under this section and who is handicapped, the department of health and family services shall obtain from the commission a detailed description of the duties of the position, shall investigate the necessity of physical, sensory and mental abilities in the fulfillment of the duties and shall determine and report its findings to the commission as to the physical ability of the applicant or eligible person to perform the duties. The finding shall be conclusive as to the physical qualifications of any applicant or eligible person examined under this paragraph.
63.08(1)(f)1.1. The commission may not impose any restriction as to age on any veteran who is applying or eligible for a position under this section. The commission shall give preference points to veterans and their spouses under
s. 230.16 (7), except as provided under
subd. 2.
63.08(1)(f)2.
2. Notwithstanding
s. 230.16 (7), persons shall be certified from the eligible list under
s. 63.05 (1) (b) without adding any preference points to any person's grade.
63.08(1)(f)3.
3. After the certification under
subd. 2., any veteran or veteran's spouse whose grade, plus the points to which the veteran or spouse is entitled under
s. 230.16 (7), is equal to or higher than the lowest grade on the list made under
subd. 2. shall be added to the certification list under
s. 63.05 (1) (b). The number of persons added to a certification list under this subdivision may not exceed the number of persons initially certified under
subd. 2.
63.08(1)(g)
(g) The time and place of an examination under this section, the requirements of the position and other necessary information shall be sufficiently advertised to give notice of the examination.
63.08(2)
(2) Noncompetitive examination. 63.08(2)(a)(a) The director of personnel, with the approval of the commission, may hold a noncompetitive entrance examination or a noncompetitive promotional examination if it is impractical to hold a competitive examination and if the examination is for a position:
63.08(2)(a)1.
1. In an unskilled class of work which has no administrative or supervisory responsibilities and which requires no verbal or clerical skills for proper performance of the duties of the position; or
63.08(2)(a)2.
2. Requiring highly specialized or technical training which can be adequately demonstrated by possession of related certification or licensing.
63.08(2)(b)
(b) The names of the persons qualified under
par. (a) shall be placed on the eligible list under the rules of the commission. The requirements of
sub. (1) (a) shall apply to applicants for examination under this subsection.
63.085
63.085
Certification and appointment of handicapped; special lists of eligibles. The director of personnel, with the approval of the commission, may prepare without examination special lists of eligible persons certified as having a severe physical or mental impairment and as being physically and mentally capable and adequately trained to qualify for a position in the classified service. The names of persons placed on the special list shall be certified to the appointing authority in addition to those certified under
s. 63.05 (1) (b). The director shall determine that a person on the special list meets the minimum qualifications for a vacant position prior to certifying the person to the appointing authority for the position. The appointing authority may appoint a person from the special list to a temporary appointment for a period of 6 months. Successful demonstration of the ability to perform the duties of a position under a temporary appointment shall qualify a person for permanent appointment to the position. The director may fix the maximum number of persons who may be appointed from the special list of eligibles under this section.
63.085 History
History: 1983 a. 148.
63.09
63.09
Efficiency records; promotions. The director of personnel, under the direction of the commission and with the advice of the heads of the departments involved, shall devise and introduce as rapidly and extensively as practicable a system of efficiency records to be based, among other things, upon the quantity and quality of the work performed and the regularity and punctuality of attendance. After such system is introduced, the various departments thereby affected shall maintain it. The director of personnel shall also, under the direction of the commission, prepare a classification of subordinate positions in accordance with their natural tendency to fit their incumbents to fill higher offices or positions in the service of the county. The commission shall provide in its rules that the efficiency records of an employe in one of the aforesaid lower positions shall be given due weight in the examination of such employe for higher offices or positions to which they naturally lead, to the end that such higher offices or positions in the service shall be filled as far as possible by promotion.
63.09 History
History: 1983 a. 148 s.
8.
63.10
63.10
Demotion; dismissal; procedure. 63.10(1)
(1) Whenever a person possessing appointing power in the county, the chief executive officer of a department, board or institution, the county park commission, county election commission, civil service commission, and county board of welfare as to officers and employes under their respective jurisdictions, believes that an officer or employe in the classified service in that person's, commission's or board's department has acted in such a manner as to show the officer or employe to be incompetent to perform the officer's or employe's duties or to have merited demotion or dismissal, the person, commission or board shall report in writing to the civil service commission setting forth specifically the complaint against the officer or employe, and may suspend the officer or employe at the time such complaint is filed. It is the duty of the director of personnel to file charges against any officer or employe in the classified service upon receipt of evidence showing cause for demotion or discharge of the officer or employe in cases where a department head or appointing authority neglects or refuses to file charges. Charges may be filed by any citizen against an officer or employe in the classified service where in the judgment of the commission the facts alleged under oath by the citizen and supported by affidavit of one or more witnesses would if charged and established amount to cause for the discharge of the officer or employe. The commission shall forthwith notify the accused officer or employe of the filing of the charges and on request provide the officer or employe with a copy of the same. Nothing in this subsection shall limit the power of the department head to suspend a subordinate for a reasonable period not exceeding 10 days. In case an employe is again suspended within 6 months for any period whatever, the employe so suspended shall have the right of hearing by the commission on the second suspension or any subsequent suspension within said period the same as herein provided for in demotion or dismissal proceedings.
63.10(2)
(2) The commission shall appoint a time and place for the hearing of said charges, the time to be within 3 weeks after the filing of the same, and notify the person possessing the appointing power and the accused of the time and place of such hearing. At the termination of the hearing the commission shall determine whether or not the charge is well founded and shall take such action by way of suspension, demotion, discharge or reinstatement, as it may deem requisite and proper under the circumstances and as its rules may provide. The decision of the commission shall be final. Neither the person possessing the appointing power nor the accused shall have the right to be represented by counsel at said hearing, but the commission may in its discretion permit the accused to be represented by counsel and may request the presence of an assistant district attorney to act with the commission in an advisory capacity.
63.10(3)
(3) If the county and a labor organization representing employes of the county enter into a collective bargaining agreement under
subch. IV of ch. 111, the agreement may provide that the provisions of the agreement relating to dismissal, demotion and suspension shall supersede this section with respect to employes covered by the agreement while the agreement is in effect. This subsection does not apply to any action under
sub. (1) to suspend an employe with pay.
63.10 Annotation
The provision as to 10 days' suspension applies only to minor cases warranting intradepartmental discipline, not to serious charges referred to the civil service commission. State ex rel. Messner v. Milw. C. Civil S. Comm. 56 W (2d) 438, 202 NW (2d) 13.
63.10 Annotation
The time limitation under sub. (2) is mandatory. Karow v. Milw. County Civil Serv. Comm. 82 W (2d) 565, 263 NW (2d) 214.
63.10 Annotation
When an employe resigns and adequately alleges the resignation was coerced, a timely demand for reinstatement or a hearing requires the commission to schedule a hearing. Watkins v. Milwaukee County Civil Service Comm. 88 W (2d) 411, 276 NW (2d) 775 (1979).
63.10 Annotation
Review of an order under this section shall be by certiorari. Iushewitz v. Personnel Review Bd. 176 W (2d) 706, 500 NW (2d) 634 (1993).
63.11
63.11
Standard scale of compensation. The director of personnel, under the direction of the commission and in cooperation with the county clerk, or county auditor, if any, and with the heads of the various departments, shall devise and recommend to the board of supervisors a standardized scale of wages and salaries for all county offices and positions in the classified service. The wage scale shall be graduated according to the duties performed, the length of service and efficiency records of the officers or employes, and the time of day or night those services are performed by the establishment of shifts. The supervisors shall consider and act in some way upon this scale at the last meeting of the board of supervisors in the month of October next following its recommendation, and if adopted it shall go into effect on the first day of January following its adoption, or at such other date as may be provided by law.
63.11 History
History: 1983 a. 148 s.
8;
1995 a. 225.
63.11 Annotation
Public employment is a property right for those given tenure by operation of civil service regulations or laws. Vorwald v. School Dist. of River Falls, 167 W (2d) 549, 482 NW (2d) 93 (1992).
63.12
63.12
Investigations; testimonial powers; witnesses. 63.12(1)(1) Each member of the commission may subpoena witnesses, administer oaths, examine witnesses and compel the production of documents, records, and papers of all sorts in conducting such investigations as the commission may deem necessary or proper in order to ascertain whether or not the provisions of
ss. 63.01 to
63.16 are being carried into effect. The commission may examine such public records as it requires in relation to any such investigation. All officers and other persons in the civil service of the county shall attend and testify when required to do so by the commission.
63.12(2)
(2) In case of the refusal of any person to comply with any subpoena issued hereunder or to testify to any matter regarding which the person may be lawfully interrogated, the circuit court of the county or the judge thereof, on application of any one of the commissioners, shall issue an order requiring such person to comply with such subpoena and to testify, or either, and any failure to obey such order of the court may be punished by the court as a contempt thereof.
63.12(3)
(3) Each person, not in the civil service of the county, who appears before the commission by its order shall receive for attendance the fees and mileage provided for witnesses in civil actions in courts of record which shall be paid out of the appropriation to the commission. But no witness subpoenaed at the instance of parties other than the commission shall be entitled to witness fees or mileage unless the commission certifies that the testimony of the witness was relevant and material to the matter investigated.
63.12 History
History: 1991 a. 316.
63.13
63.13
Certification of payrolls. No payment for personal services of any officer or employe in the classified service of any county wherein
ss. 63.01 to
63.16 are applicable shall be made by any county officer unless the commission has certified that the officer or employe claiming such payment is holding a position legally under the provisions of said
ss. 63.01 to
63.16 and the rules of the commission. Such certification shall be required on each and every payroll for each and every office and position in the county service, which is subject to the provisions of said
ss. 63.01 to
63.16. County officers making payments in violation of this section shall be liable for the full amount thus paid and shall be deemed guilty of a violation of the provisions of said
ss. 63.01 to
63.16, and subject to the penalties provided in
s. 63.17.
63.13 History
History: 1991 a. 316.
63.13 Annotation
See note to 63.02, citing 63 Atty. Gen. 530.
63.14
63.14
Prohibited influences and practices. 63.14(1)
(1) Except as provided otherwise by
s. 63.08 (1) (f), no factor or influence other than the fitness of a person to perform the duties of the position in which the person is acting or employed, or to which the person is seeking appointment, shall affect the determination of appointments, promotions, transfers, suspensions or discharges with respect to any position within the scope of
ss. 63.01 to
63.16.
63.14(2)
(2) The following practices are especially forbidden in any county wherein
ss. 63.01 to
63.16 are applicable: Pernicious political activity by any county officer or employe in the classified service; the giving of any consideration, whether financial or otherwise, in return for appointment to a position in the service of said county; the obstruction or deceiving of any person desiring to take an examination under the provisions of said sections, or desiring to secure information concerning any such examination; the deliberate mismarking or miscalculation of grades of any applicant taking an examination under said sections; the impersonation by any person of any other person in connection with the holding of any examination under said sections; and the giving to or receiving by candidates for examination information or assistance enabling such candidates to obtain an unfair or improper advantage over other candidates for the same examination.
63.14(3)
(3) No county specified in
s. 63.01 or any department, officer or employe thereof shall hire or employ a person, subject to civil service in such county, at a wage or salary less than that advertised by the civil service commission of such county for the position to be filled, nor shall such county, department, officer or employe pay, or cause to be paid, salaries or wages of different amounts to persons in the same classification and stage of advancement, unless such difference in salaries or wages shall be based on difference of work performed or the time of day or night of performance of work; provided that where there has been a general reclassification of title and compensation of positions the county board is authorized to provide by ordinance that persons having civil service tenure at the effective date of such reclassification and occupying positions which have been reclassified, so as to result in a decrease in compensation, may continue to serve under the position title as it existed prior to such reclassification and receive the compensation thereof according to the former range during their tenure, and in the event that such general reclassification shall result in a position being reclassified to a higher grade, and the present incumbent of such position shall not have or by examination attain eligibility for certification to such higher grade, the incumbent shall retain the status and compensation of the position during the incumbent's tenure of the position in conformity with civil service.
63.14(4)
(4) The county board of any county specified in
s. 63.01 is authorized to provide by ordinance the establishment of wage or salary differentials to collect shift differentials within one classification based upon the time of day or night of the performance of work.
63.15
63.15
Existing officers and employes, how affected. 63.15(1)(a)
(a) The commission shall administer a noncompetitive examination to any person who is appointed by the county for a definite term, who is included within the classified service of the county on the date that
ss. 63.01 to
63.16 go into effect in the county and who has been in service and on the payroll of the county less than 4 years preceding that date. The person shall retain his or her position if the commission determines, based on the person's performance on the examination, that the person is qualified for the position.
63.15(1)(b)
(b) Any person who is included within the classified service appointed by the county for a definite term, who is included within the classified service of the county on the date that
ss. 63.01 to
63.16 go into effect in the county and who has been in service and on the payroll of the county continuously for at least the 4 years immediately preceding that date shall retain his or her position without any examination.
63.15(2)
(2) If a department, unit or other established entity and its employes are brought into the county service in a county in which
ss. 63.01 to
63.16 are in effect, any employe in a position required to be in classified service shall retain his or her position if the person takes a noncompetitive examination and if the commission determines, based on the examination, that the person is qualified for the position.
63.15(3)
(3) No provision of this section prevents suspension, demotion or discharge of any employe subject to
ss. 63.01 to
63.16 under
s. 63.10 or an applicable collective bargaining agreement.
63.15 History
History: 1983 a. 148;
1987 a. 153.
63.16
63.16
Appropriation for commission. A sufficient sum shall be provided each year by the county board of supervisors of each county in which
ss. 63.01 to
63.16 become operative to enable the commission created thereunder, to exercise the powers and perform the duties therein specified.
63.17
63.17
Violations, county civil service. Any person who wilfully, or through culpable negligence, violates any provisions of
ss. 63.01 to
63.16, or any rule promulgated in accordance with the provisions thereof, shall be guilty of a misdemeanor, and shall, on conviction thereof, be punished by a fine of not less than $50 nor more than $1,000, or by imprisonment in the county jail for a term of not less than 30 days, nor more than one year or by both such fine and imprisonment in the discretion of the court.
FIRST CLASS CITY
63.18
63.18
First class city commission; appointment; terms. The mayor of each 1st class city, whether the city is incorporated by special act of the legislature or under the general laws of the state, shall, before June 15 in the year following the first state or national census, showing the city to belong to the 1st class, appoint 5 persons, citizens and residents of the city, who shall constitute and be known as the board of city service commissioners of the city, and shall designate one of the persons so appointed to serve for a term of 5 years, one for a term of 4 years, one for a term of 3 years, one for a term of 2 years, and one for a term of one year, from the first Monday of July in the year of their appointment and until their respective successors are appointed and qualified. In cities having a board of city service commissioners the members of such board shall hold office and continue to be a member of such commission until the expiration of the term or terms of such member or members, and in each and every year after such first appointment, the mayor shall, in like manner, in the month of June, appoint one person as the successor of the commissioner whose term shall expire in that year, to serve as such commissioner for 5 years from the first Monday of July then next ensuing, and until a successor is appointed and qualified. The commission shall, at a meeting in July of each year, elect one member to act as president and one member to act as vice president, each for a term of one year, and until a successor is duly elected. Three commissioners shall constitute a quorum necessary for the transaction of business. Any vacancy in the office of commissioner occurring during the term shall be filled for the unexpired term by appointment by the mayor and all appointments, both original and to fill vacancies, shall be so made that not more than 2 commissioners shall at the time of the appointment be members of the same political party. The commissioners shall hold no other lucrative office or employment under the United States, this state, or any municipal corporation or political division thereof, and each commissioner shall before entering upon the discharge of the duties of office and within 10 days after receiving notice of appointment, take and subscribe the oath of office prescribed by
article IV, section 28, of the constitution, and file the oath, duly certified by the officer administering it with the clerk of his or her city.
63.18 History
History: 1979 c. 89;
1983 a. 192.
63.19
63.19
Duties and powers of board. Every board of city service commissioners appointed under
ss. 63.18 to
63.53 shall investigate the enforcement of
ss. 63.18 to
63.53 and of its rules, adopted in accordance with
ss. 63.18 to
63.53 to carry out the purposes of
ss. 63.18 to
63.53 and the action of the examiners provided for in
ss. 63.18 to
63.53, and the conduct and action of the appointees in the official service in its city, and may inquire as to the nature, tenure and compensation of all offices and places in the public service thereof. In the course of such investigation each commissioner may administer oaths, and the board may secure by its subpoena both the attendance and testimony of witnesses and the production of books and papers relevant to the investigation. The commission may investigate the character and standing in the community of all applicants for examination and appointment in the city service under
ss. 63.18 to
63.53.
63.19 History
History: 1979 c. 89.
63.20
63.20
Compulsory attendance and fees of witnesses. Any person who is served with a subpoena to appear and testify or to produce books and papers, issued by the board of city service commissioners in the course of any investigation conducted under
ss. 63.18 to
63.53, and who refuses or neglects to appear and testify or to produce books and papers relevant to the investigation, as commanded in the subpoena, shall be guilty of a misdemeanor, and shall on conviction be punished by a fine or imprisonment or both, as provided under
ss. 63.18 to
63.53. The fees of witnesses for attendance and travel shall be the same as the fees of witnesses before the circuit courts of this state, and shall be paid from the appropriation for the expenses of the board. Any circuit court of this state or any judge thereof, upon application of the board, may compel the attendance of witnesses, the production of books and papers and giving of testimony before the board by attachment for contempt or otherwise, in the same manner as the production of evidence may be compelled before the court. Every person, who takes an oath or makes affirmation before a commissioner in the course of the investigation, and swears or affirms wilfully, corruptly and falsely, shall be guilty of perjury, and upon conviction shall be punished accordingly.
