230.15(1m)(b)2.
2. If the incumbent employee is certified under
par. (c), the pay, employee benefits and status under
s. 230.35 appropriate for the employee.
230.15(1m)(c)1.1. Whenever a position is included in the classified service under
par. (a), the administrator may waive the requirement for competitive examination under
sub. (1) with respect to the position and certify the incumbent employee for appointment to the position in accordance with
subd. 2.
230.15(1m)(c)2.
2. The administrator may certify an incumbent employee as eligible for appointment under
subd. 1. if the administrator determines on the basis of sound personnel management practices that the incumbent is qualified for the position included in the classified service.
230.15(1m)(c)3.
3. If an employee is appointed after being certified under
subd. 2., the administrator shall determine the employee's probationary status under
s. 230.28, except that the employee shall receive credit toward his or her probationary period for the time that the employee had been employed in the position immediately prior to appointment.
230.15(2)
(2) If a vacancy occurs in a position in the classified service when peculiar and exceptional qualifications of a scientific, professional, or educational character are required, and if presented with satisfactory evidence that for specified reasons competition in such special cases is impracticable, and that the position can best be filled by the selection of some designated person of high and recognized attainments in such qualities, the administrator may waive competition requirements unless the vacancy is to be filled by promotion.
230.15(2m)
(2m) If a vacancy occurs in a position in the classified service and the administrator is notified by an appointing authority that the position is to be filled by a disabled veteran under
s. 230.275, the administrator shall waive all competition requirements for filling the position.
230.15(3)
(3) No person shall be appointed, transferred, removed, reinstated, restored, promoted or reduced in the classified service in any manner or by any means, except as provided in this subchapter.
230.15 History
History: 1971 c. 270 ss.
23,
46; Stats. 1971 s. 16.11;
1973 c. 90;
1977 c. 196 ss.
39,
131; Stats. 1977 s. 230.15;
1981 c. 140;
1983 a. 27;
1989 a. 31;
1993 a. 12;
1997 a. 307.
230.15 Annotation
The federal civil rights act of 1991 does not prohibit expanded certification under (1n).
80 Atty. Gen. 264.
230.16
230.16
Applications and examinations. 230.16(1)(a)(a) The administrator shall require persons applying for admission to any examination under this subchapter or under the rules of the administrator to file an application with the division a reasonable time prior to the proposed examination.
230.16(1)(am)
(am) The administrator may require in connection with the application such supplementary work history, educational transcripts, statements of physicians or others having knowledge of the applicant, as needed for qualification evaluations.
230.16(1)(b)
(b) The division shall furnish application forms without charge to all persons requesting them.
230.16(2)
(2) Competitive examinations shall be free and open to all applicants who have fulfilled the preliminary requirements stated in the examination announcement. To assure that all applicants have a fair opportunity to compete, examinations shall be held at such times and places as, in the judgment of the administrator, most nearly meet the convenience of applicants and needs of the service.
230.16(3)
(3) The administrator may appoint boards of examiners of at least 2 persons for the purpose of conducting oral examinations as a part of the examination procedure for certain positions. All board members shall be well-qualified and impartial. All questions asked and answers made in any examination of applicants shall be recorded and made a part of the records of the applicants.
230.16(4)
(4) All examinations, including minimum training and experience requirements, for positions in the classified service shall be job-related in compliance with appropriate validation standards and shall be subject to the approval of the administrator. All relevant experience, whether paid or unpaid, shall satisfy experience requirements.
230.16(5)
(5) In the interest of sound personnel management, consideration of applicants and service to agencies, the administrator may set a standard for proceeding to subsequent steps in an examination, provided that all applicants are fairly treated and due notice has been given. The standard may be at or above the passing point set by the administrator for any portion of the examination. The administrator shall utilize appropriate scientific techniques and procedures in administering the selection process, in rating the results of examinations and in determining the relative ratings of the competitors.
230.16(6)
(6) If any applicant is unable to complete the examination in the form presented to the applicant due to a disability, the division shall provide a reader, an appropriate place to take the examination or other similar prerequisites to ensure equality of opportunity in the examination.
230.16(7)(a)(a) A preference shall be given to those veterans and to those spouses of veterans specified in
subds. 1. to
6. who gain eligibility on any competitive employment register and who do not currently hold a permanent appointment or have mandatory restoration rights to a permanent appointment to any position. A preference means the following:
230.16(7)(a)1.
1. For a veteran, that 10 points shall be added to his or her grade.
230.16(7)(a)2.
2. For a disabled veteran, that 15 points shall be added to his or her grade.
230.16(7)(a)3.
3. For a disabled veteran whose disability is at least 30%, that 20 points shall be added to his or her grade.
230.16(7)(a)4.
4. For the spouse of a disabled veteran whose disability is at least 70%, that 10 points shall be added to the spouse's grade.
230.16(7)(a)5.
5. For the unremarried spouse of a veteran who was killed in action, that 10 points shall be added to the spouse's grade.
230.16(7)(a)6.
6. For the unremarried spouse of a veteran who died of a service-connected disability, that 10 points shall be added to the spouse's grade.
230.16(7)(b)
(b) An applicant who is certified for a position after receiving a preference under
par. (a) 4.,
5. or
6. and who is appointed to that position may not obtain a preference under
par. (a) 4.,
5. or
6. for any other civil service position for which the applicant subsequently applies.
230.16(7m)(a)(a) In this subsection, "veteran" means a person who fulfills at least one of the following requirements:
230.16(7m)(a)1.
1. Served on active duty in the U.S. armed forces for at least 180 days, not including training.
230.16(7m)(a)2.
2. Was discharged from the U.S. armed forces because of a disability incurred during active duty or because of a disability that is later adjudicated by the U.S. department of veterans affairs to have been incurred during active duty.
230.16(7m)(b)
(b) The department shall accept an application after its due date from a veteran if all of the following apply:
230.16(7m)(b)1.
1. The register established on the basis of timely applications was established not more than 60 days before the applicant's separation from the U.S. armed forces.
230.16(7m)(b)3.
3. The application was filed not more than 45 days after the applicant's separation from the U.S. armed forces.
230.16(7m)(b)4.
4. The examination for the position is a written, nonessay examination that is scored by a machine.
230.16(7m)(c)
(c) Within 30 days after acceptance of an application under
par. (b), the department shall give the applicant an examination.
230.16(9)
(9) The officials in control of state, municipal and county buildings, upon requisition by the administrator, shall furnish without charge adequate rooms and building services for the administration of examinations.
230.16(10)
(10) Every reasonable precaution shall be taken to prevent any unauthorized person from gaining any knowledge of the nature or content of the examinations that is not available to every applicant.
230.16(11)
(11) Records of examinations, including a transcript or recorded tape of oral examinations, given under this subchapter shall be retained for at least one year. Inspection of such records shall be regulated by rules of the administrator.
230.16 History
History: 1971 c. 270 ss.
12,
24,
35 to
37; Stats. 1971 s. 16.12;
1977 c. 196 ss.
40,
111,
130 (5), (6);
1977 c. 272; Stats. 1977 s. 230.16;
1981 c. 26,
140;
1983 a. 148 s.
10;
1983 a. 430,
538;
1987 a. 399;
1989 a. 31;
1991 a. 2,
101;
1997 a. 27,
307;
1999 a. 87,
102.
230.16 Annotation
Residency requirement under (2) for classified positions violates equal protection since there is no such requirement for unclassified positions.
76 Atty. Gen. 45.
230.16 Annotation
Massachusetts civil service preference for veterans did not deny equal protection to women. Personnel Administrator of Mass. v. Feeney,
442 U.S. 256 (1979).
230.17
230.17
Applicants and eligibles may be barred; bonds may be required. 230.17(1)(1) The administrator shall provide by rule, the conditions, not otherwise provided by law, under which an applicant may be refused examination or reexamination, or an eligible refused certification. These conditions shall be based on sufficient reason and shall reflect sound technical personnel management practices and those standards of conduct, deportment and character necessary and demanded to the orderly, efficient and just operation of the state service.
230.17(2)
(2) If the administrator refuses to examine an applicant, or after an examination to certify an eligible, as provided in this section, the administrator, if requested by the applicant so rejected within 10 days of the date of receipt of the notice of rejection, shall give the applicant a full and explicit statement of the exact cause of such refusal to examine or to certify. Applicants may appeal to the commission the decision of the administrator to refuse to examine or certify under
s. 230.44 (1) (a). Upon request of an applicant or an eligible for a civil service position who has a disability, the department of health and family services shall obtain from the administrator a detailed description of all duties entailed by such position and shall determine and report its findings to the administrator, as to the ability of the applicant, or eligible, to perform the duties of such position. Such findings shall be conclusive as to the qualifications of any applicant, or eligible, so examined. A notice of rejection shall notify an applicant or eligible of his or her rights under this subsection.
230.17(3)
(3) When any position to be filled involves fiduciary responsibility, the appointing authority, where otherwise permitted by law, may require the appointee to furnish bond or other security, and shall notify the administrator of the amount and other details thereof. Any surety company authorized to do business in this state shall be a sufficient security on any such bond.
230.18
230.18
Discrimination prohibited. No question in any form of application or in any examination may be so framed as to elicit information concerning the partisan political or religious opinions or affiliations of any applicant nor may any inquiry be made concerning such opinions or affiliations and all disclosures thereof shall be discountenanced except that the administrator may evaluate the competence and impartiality of applicants for positions such as clinical chaplain in a state institutional program. No discriminations may be exercised in the recruitment, application, examination or hiring process against or in favor of any person because of the person's political or religious opinions or affiliations or because of age, sex, disability, race, color, sexual orientation, national origin or ancestry except as otherwise provided.
230.18 History
History: 1971 c. 270;
1977 c. 196 s.
43; Stats. 1977 s. 230.18;
1981 c. 112,
391;
1999 a. 87.
230.19(1)(1) The administrator shall provide employees with reasonable opportunities for career advancement, within a classified service structure designed to achieve and maintain a highly competent work force, with due consideration given to affirmative action.
230.19(2)
(2) If, in the judgment of the administrator, the group of applicants best able to meet the requirements for vacancies in positions in the classified service are available within the classified service, the vacancies shall be filled by competition limited to persons in the classified service who are not employed under
s. 230.26 or
230.27 and persons with the right of restoration resulting from layoff under
s. 230.34 (2), unless it is necessary to go outside the classified service to be consistent with an approved affirmative action plan or program. The administrator may also limit competition for promotion to the employees of an agency or an employing unit within an agency if the resulting group of applicants would fairly represent the proportion of members of racial and ethnic, gender or disabled groups in the relevant labor pool for the state.
230.19(3)
(3) A person with the right of restoration resulting from layoff under
s. 230.34 (2) may compete only for a position under
sub. (2) for which he or she could have competed had the layoff not occurred.
230.20
230.20
Recommendations. 230.20(1)(1) Selection of classified state employees shall be based solely on merit and no employment recommendation shall be based on political or religious affiliations or on membership in associations not primarily related to merit in employment.
230.20(2)
(2) An appointing authority may consider only those recommendations which he or she believes provide an objective evaluation of an applicant's character, training, experience, skills or abilities as they relate to the requirements for the position.
230.20 History
History: 1971 c. 270;
1977 c. 196 s.
45;
1977 c. 273; Stats. 1977 s. 230.20;
1999 a. 102.
230.21
230.21
Unskilled labor and critical recruitment selection. 230.21(1)(1) Subject to
s. 230.275, the administrator may, to meet the needs of the service, establish separate recruitment, examination and certification procedures for filling positions in unskilled labor and service classes.
230.21(1m)(a)(a) If the administrator uses the method of random certification to determine which applicants for an unskilled labor or service position will receive further consideration for the position, the administrator shall do all of the following:
230.21(1m)(a)2.
2. Additionally certify up to 3 names of persons who are veterans.
230.21(1m)(b)
(b) If the administrator uses the method of random certification to determine which applicants for an unskilled labor or service position will receive further consideration for the position and the appointing authority does not select a veteran or a person the hiring of whom would serve affirmative action purposes, the appointing authority shall make and retain a written record of the appointing authority's reasons for selecting the person who was appointed. The appointing authority shall make the written records available to the department and annually submit a report to the department summarizing the reasons contained in the written records.
230.21(2)
(2) The administrator may designate classifications in which applicants are in critically short supply and may develop such recruitment, examination and certification processes as will provide agencies with prompt certification when qualified applicants can be found, provided that due notice has been given and proper competitive standards have been maintained.
230.21(3)
(3) The administrator shall designate classifications in prison industries in the department of corrections as critical positions requiring expeditious hiring and shall develop such recruitment, examination and certification processes as will provide the department with prompt certification when qualified applicants can be found, provided that due notice has been given and proper competitive standards have been maintained.
230.21 History
History: 1971 c. 270;
1977 c. 196 ss.
45,
130 (3), (5); Stats. 1977 s. 230.21;
1983 a. 333;
1991 a. 39,
101;
1997 a. 307.
230.213
230.213
Affirmative action procedures for corrections positions. The administrator may, to meet affirmative action objectives, establish such recruitment, examination and certification procedures for positions in the department of corrections as will enable the department of corrections to increase the number of employees of a specified gender or a specified racial or ethnic group in those positions. The administrator shall design the procedures to obtain a work force in the department of corrections that reflects the relevant labor pool. The administrator may determine the relevant labor pool from the population of the state or of a particular geographic area of the state, whichever is more appropriate for achieving the affirmative action objective.
230.213 History
History: 1991 a. 39;
1995 a. 27,
225.
230.215
230.215
Part-time employment and flexible-time schedules. 230.215(1)(1)
Declaration of policy. The legislature finds and declares:
230.215(1)(a)
(a) That employment practices which provide flexibility in scheduling hours of work often result in increased worker productivity, reduced absenteeism, improved employee morale and a more economical and efficient use of energy, highways and other transit systems.
230.215(1)(b)
(b) That traditional full-time work patterns fail to meet the needs of many potentially productive citizens who, due to age, health or family circumstances, are effectively prevented from engaging in full-time employment.
230.215(1)(c)
(c) That a greater number of permanent part-time employment opportunities are necessary to allow citizens a higher level of participation in the work force and to permit a greater utilization of the skills, talents and abilities of all citizens who want to work.
230.215(1)(d)
(d) That it is the intent of the legislature that all agencies of state government participate in developing and creating flexible-time work schedules, additional permanent part-time positions and other alternative work patterns in order to maximize, in a manner consistent with the needs of state service, the employment options available to existing and potential state employees.
230.215(1)(e)
(e) That it is the intent of the legislature that all agencies of state government make available permanent part-time employment opportunities in classified positions.
230.215(2)
(2) Flexible-time employment scheduling. In this subsection "flexible-time schedule" means a work schedule which includes required days or hours during which an employee subject to the work schedule must be present for work and designated hours during which the employee, with the approval of his or her supervisor, may elect a time of arrival to and departure from work. Every agency shall develop a plan for the establishment of employee flexible-time schedules. The plan shall attempt to maximize efficiency of agency operations, the level of services to the public, energy conservation and employee productivity and shall consider traffic congestion, transit facilities and other relevant factors.
230.215(3)(a)(a) An agency may, with the approval of the secretary and with the approval of the secretary of administration under
s. 16.50, restructure budgeted permanent positions as such positions become vacant or if an employee voluntarily requests a job-sharing or permanent part-time employment opportunity. No employee occupying a full-time permanent position may be involuntarily terminated, demoted, transferred or reassigned in order to restructure that position for permanent part-time employment and no such employee may be required to accept a permanent part-time position as a condition of continued employment.
230.215(3)(b)
(b) If the secretary, upon review of the report submitted under
sub. (4), determines that an agency's past or proposed actions relating to permanent part-time employment opportunities do not adequately reflect the policy under
sub. (1) (e), the secretary may recommend procedures designed to enable the agency to effect such policy.
230.215(3)(c)
(c) Permanent part-time appointments may be made for any number of hours in excess of 600 hours per year.
230.215(4)
(4) Reports. Each agency, in complying with
s. 15.04 (1) (d), shall include a report on the progress or failure of the plans of such agency in achieving the policies stated under
sub. (1) and shall submit a copy of such report to the secretary.
