230.04(9r)(a)1.
1. "Independent" means the extent to which persons with disabilities exert control and choice over their own lives.
230.04(9r)(a)2.
2. "Severely disabled employee" means an employee in the classified service with a chronic disability if the chronic disability meets all of the following conditions:
230.04(9r)(a)2.a.
a. It is attributable to a mental or physical impairment or combination of mental and physical impairments.
230.04(9r)(a)2.c.
c. It results in substantial functional limitations in one or more of the following areas of major life activity: self-care; receptive and expressive language; learning; mobility; capacity for independent living; and economic self-sufficiency.
230.04(9r)(b)
(b) The director shall keep a record of all of the following:
230.04(9r)(b)1.
1. The number of severely disabled employees and the percentage of severely disabled employees of the total number of employees in the classified service.
230.04(9r)(b)2.
2. The number of severely disabled employees hired in each calendar year and the percentage of severely disabled employees among all persons hired in the classified service in that year.
230.04(10)(a)(a) The director may require all agencies and their officers to comply with the director's request to furnish current information pertaining to authorized positions, payroll and related items regarding civil service and employment relations functions.
230.04(10)(b)
(b) The director shall request from each agency and each agency shall furnish to the director relevant racial, ethnic, gender and disability information on every new employee hired by the agency including limited term, project, seasonal and sessional employees. The director shall maintain the data to permit a periodic review of the agency's affirmative action plan accomplishments.
230.04(10)(c)
(c) The director shall request from each agency and each agency shall furnish to the director relevant information regarding the prior military service, if any, of every new employee hired by the agency including limited term, project, seasonal and sessional employees. The director shall maintain the data to permit a periodic review of the progress being made to provide employment opportunities in civil service for veterans and disabled veterans.
230.04(11)
(11) The director may provide by rule for an understudy program to assure continuity in selected positions.
230.04(12)
(12) The director shall keep in the office an official roster of all permanent classified employees which shall include classification titles, pay and employment status changes and appropriate dates thereof.
230.04(13)
(13) The director shall do all of the following:
230.04(13)(a)
(a) Establish standards for plans to increase state employment of recipients of aid under
s. 49.19 or benefits under
s. 49.147 (3) to
(5) prepared by agencies under
s. 230.147 (1). The standards shall state the time periods within which these plans shall be prepared.
230.04(13)(b)
(b) Review and approve or disapprove plans prepared under
s. 230.147 (1) to ensure compliance with the standards established under
par. (a).
230.04(13)(c)
(c) Monitor, evaluate and make recommendations to agencies to improve progress toward meeting the goal in
s. 230.147 (1).
230.04(13)(e)
(e) On or before September 30 annually beginning in 1989, prepare and submit to the chief clerk of each house of the legislature for distribution to the legislature under
s. 13.172 (2) a report that includes all of the following information for the fiscal year preceding the date that the report is due:
230.04(13)(e)2.
2. The number of persons receiving aid under
s. 49.19 or benefits under
s. 49.147 (3) to
(5) who were employed by each agency under
s. 230.147 during that fiscal year and the job title or classification of each position filled under
s. 230.147.
230.04(14)
(14) The director shall establish, by rule, the scope and minimum requirements of a state employee grievance procedure relating to conditions of employment.
230.04(15)
(15) The director shall review and either approve or disapprove each determination by an agency head regarding the classification of a state employee as a protective occupation participant for purposes of the Wisconsin retirement system.
230.04(16)
(16) The director may appoint an executive assistant outside the classified service.
230.04 History
History: 1977 c. 196 ss.
48,
63,
101,
130 (11);
1977 c. 418,
447;
1981 c. 20;
1983 a. 27,
409;
1987 a. 27,
32,
140,
403;
1989 a. 31,
124;
1991 a. 101,
269,
288,
315;
1995 a. 289;
1997 a. 27;
1999 a. 87;
2003 a. 33.
230.04 Cross-reference
Cross Reference: See also
ER, Wis. adm. code.
230.04 Annotation
DER has no authority to control the recruitment process after certification. It was proper to dismiss DER as a party to an action alleging discrimination in failing to hire a candidate who had been certified for the position. Balele v. Wisconsin Personnel Commission,
223 Wis. 2d 739,
589 N.W.2d 418 (Ct. App. 1998).
230.046(1)(1)
Declaration of policy. In order to promote efficiency and economy in the operation of the state government, to provide means for the development of maximum proficiency by employees thereof, to establish and maintain the highest standards of performance in the transaction of the state's business, and to install and utilize effectively the best modern practices and techniques which have been developed, tested and proved, it is necessary and desirable in the public interest that self-improvement be supplemented and extended by state-sponsored training programs. The objective of these programs is to develop skills, knowledge, and abilities which will best qualify state employees for effective performance of their official duties, and to retain skilled and efficient state employees in order to continually improve the quality of public service.
230.046(2)
(2) Supervisory training. After initial appointment to a supervisory position, each appointing authority shall ensure that each classified service supervisor successfully completes a supervisory development program. A waiver of any part of the probationary period under
s. 230.28 (1) (c) may not be granted before completion of the development program. The program shall include such subjects as state personnel policies, grievance handling, discipline, performance evaluation, understanding the concerns of state employees with children, the supervisor's role in management and the concept of the total quality leadership process, including quality improvement through participatory management.
230.046(3)
(3) Training programs. Each appointing authority may do any of the following:
230.046(3)(a)
(a) Provide off-the-job specialized training courses during working hours to designated employees without loss of pay.
230.046(3)(b)
(b) Provide specialized training to qualified persons through educational stipends in lieu of pay, but in no event shall a monthly stipend exceed the minimum pay of the position for which training is undertaken.
230.046(3)(c)
(c) Provide specialized training to designated employees through assignment to research projects, prescribed courses of study, institutes and short courses which are related to the performance of official duties and to pay the cost of required tuition and other necessary fees and expense in connection therewith.
230.046(3)(d)
(d) Conduct on-the-job courses of instruction deemed necessary for the efficient performance of agency functions and to pay honorariums to qualified experts instructing in such courses.
230.046(3)(e)
(e) Conduct other training programs consistent with the standards set by this section.
230.046(4)
(4) Records of training program participation. Each agency shall adopt a standardized system for measuring, recording, reporting, accumulating and recognizing employee participation in its training program.
230.046(5)
(5) Initiation of programs. Unless otherwise empowered by law, any agency desiring to initiate a training program under
sub. (3) shall ensure that:
230.046(5)(a)
(a) Unencumbered appropriated funds are available or funds have been so provided by the joint committee on finance;
230.046(5)(b)
(b) Training costs estimated to exceed $500, excluding the compensation of participants, have been included in the budget and approved by the legislature or the joint committee on finance, and such costs will be encumbered for training purposes on the records of the agency;
230.046(5)(c)
(c) An agreement has been entered into by the trainee and the appointing authority relative to employment with the state, together with such other terms and conditions as may be necessary under the rules of the director whenever on-the-job trainees are employed; and
230.046(5)(d)
(d) The immediate and necessary work requirements of the agency will not be seriously handicapped because of such training program.
230.046(6)
(6) Gifts and grants. Nothing in this section shall nullify the acceptance or the special conditions of training programs financed by gifts, grants, bequests and devises from individuals, partnerships, associations, limited liability companies or corporations and all subventions from the United States, unless such financing has been refused by the state under
s. 16.54 or
20.907.
230.046(7)
(7) Establish internships. The director shall establish in the classified service in-service training internships designed to give rigorous training in public service administration for periods not to exceed 3 years under the direct supervision of experienced administrators.
230.046(8)
(8) Cooperate for scholarship loans. To stimulate the interest of qualified students of exceptional merit in government career service, the director shall cooperate with the board of regents of the University of Wisconsin System in providing opportunities for recipients of public service scholarship loans to secure employment under the internship plan.
230.046(9)
(9) Tuition refund program. The director may establish by rule in the classified service a tuition refund program to supplement departmental training, to encourage employee job-related development and, upon satisfactory completion of training under this program to refund to the employee, an amount not to exceed the cost of tuition and necessary fees.
230.046(10)
(10) Functions of the office. The office may do all of the following:
230.046(10)(a)
(a) Conduct off-the-job employee development and training programs relating to functions under this chapter or
subch. V of ch. 111.
230.046(10)(b)
(b) Charge fees to state agencies whose employees participate in employee development and training programs under this subsection.
230.046 Cross-reference
Cross Reference: See also s.
ER 44.01, Wis. adm. code.
230.047
230.047
Temporary interchange of employees. 230.047(1)(1)
Declaration of policy. Intergovernmental cooperation, including that specified in the intergovernmental personnel act of 1970,
P.L. 91-648, 84 Stat. 1909, is an essential factor in resolving problems affecting this state. The interchange of personnel on a temporary basis between and among governmental agencies at the same or different levels of government and with institutions of higher education is a significant factor in achieving such cooperation.
230.047(2)
(2) Definitions. For the purposes of this section:
230.047(2)(a)
(a) "Local government" means any political subdivision, instrumentality or authority of a state or any general or special purpose agency of such a political subdivision, instrumentality or authority.
230.047(2)(b)
(b) "Receiving agency" means any department or agency of a foreign government, the federal government or a state or local government, an institution of higher education or other municipal corporate agency which receives an employee of another agency under this section.
230.047(2)(c)
(c) "Sending agency" means any department or agency of a foreign government, the federal government or a state or local government, an institution of higher education or other municipal corporate agency which sends any employee thereof to another agency under this section.
230.047(3)
(3) Authority to interchange employees. Any department, agency or instrumentality of the state, or institution of higher education or any local government or other municipal corporate agency is authorized to participate in a program of interchange of employees with departments, agencies or instrumentalities of a foreign government, the federal government, another state or local government, an institution of higher education, other municipal corporate agencies or other agencies or instrumentalities of this state as a sending or receiving agency.
230.047(4)(a)(a) Employees of a sending agency participating in an exchange of personnel as authorized in
sub. (3), during such participation, are on detail to regular work assignments of the receiving agency.
230.047(4)(b)
(b) Employees who are on detail are entitled to the same salary and benefits to which they would otherwise be entitled and shall remain employees of the sending agency for all purposes, including the payment of their salaries, and their continuous service benefits except that the supervision of their duties during the period of detail may be governed by agreement between the sending agency and the receiving agency, and except that a receiving agency other than a receiving agency of this state may provide supplemental salary and benefits to the employee for the duration of the interchange.
230.047(4)(c)
(c) Any employee who participates in an exchange under the terms of this section who suffers disability or death as a result of personal injury arising out of and in the course of an exchange, or sustained in performance of duties in connection therewith, for the purposes of
ch. 102, is an employee of the sending agency.
230.047(5)
(5) Travel expenses of employees. A sending agency of the state shall not pay the travel expenses of its employees incurred in connection with their work assignments at the receiving agency.
230.047(6)
(6) Status of employees of other governments. 230.047(6)(a)(a) When any department, agency or instrumentality of this state acts as a receiving agency, employees of the sending agency who are assigned under authority of this section are on detail to the receiving agency.
230.047(6)(b)
(b) Employees who are detailed to the receiving agency shall not by virtue of such detail be considered to be employees thereof, nor shall they be paid a salary or wage by the receiving agency during the period of their detail. The supervision of the duties of such employees during the period of detail may be governed by agreement between the sending agency and the receiving agency.
230.047(7)
(7) Travel expenses of employees of other governments. A receiving agency of the state may, in accordance with the travel regulations of such agency, pay travel expenses of persons assigned thereto under this section during the period of such assignments on the same basis as if they were regular employees of the receiving agency.
230.047(8)
(8) Administration. The director shall promulgate rules for the operation and implementation of this section. The rules shall prescribe the duration, terms and conditions of such interchange.
230.047(9)(a)(a) Any funds received by a sending agency of the state from a receiving agency as reimbursement for salary expenditures made under an employee interchange agreement shall be credited to the appropriation from which the expenditures were paid.
230.047(9)(b)
(b) A receiving agency of the state may, in accordance with the salary provisions of the sending agency, reimburse the sending agency for salary and fringe benefit expenditures for employees on detail to the receiving agency.
230.047 History
History: 1971 c. 270 ss.
63,
77; Stats. 1971 s. 16.24;
1975 c. 147 s.
54;
1977 c. 196 s.
55; Stats. 1977 s. 230.047;
1979 c. 89,
221;
1983 a. 27,
189;
1991 a. 75;
2003 a. 33.
230.047 Cross-reference
Cross Reference: See also s.
ER 47.01, Wis. adm. code.
CIVIL SERVICE
230.05
230.05
Powers and duties of the administrator. 230.05(1)
(1) All powers necessary for the effective administration of the duties specified for the administrator under this subchapter are reserved to the administrator.
230.05(2)(a)(a) Except as provided under
par. (b), the administrator may delegate, in writing, any of his or her functions set forth in this subchapter to an appointing authority, within prescribed standards if the administrator finds that the agency has personnel management capabilities to perform such functions effectively and has indicated its approval and willingness to accept such responsibility by written agreement. If the administrator determines that any agency is not performing such delegated function within prescribed standards, the administrator shall withdraw such delegated function. The administrator may order transfer to the division from the agency to which delegation was made such agency staff and other resources as necessary to perform such functions if increased staff was authorized to that agency as a consequence of such delegation or if the division reduced staff or shifted staff to new responsibilities as a result of such delegation subject to the approval of the joint committee on finance. Any delegatory action taken under this subsection by any appointing authority may be appealed to the commission under
s. 230.44 (1) (a). The administrator shall be a party in such appeal.
230.05(2)(b)
(b) The administrator is prohibited from delegating any of his or her final responsibility for the monitoring and oversight of the merit recruitment and selection program under this subchapter.
230.05(3)
(3) The administrator may utilize the services of technical or specialized personnel to assist in implementing and maintaining a sound merit recruitment and selection program. These services may be obtained from persons within or without state service.
230.05(4)
(4) The administrator may issue enforceable orders on all matters relating to the administration, enforcement and effect of the provisions of this subchapter for which responsibility is specifically charged to the administrator and the rules prescribed thereunder. Any action brought against the appointing authority for failure to comply with the order of the administrator shall be brought and served within 60 days after the date on which the administrator's order was issued. Such orders may be appealed to the commission under
s. 230.44 (1) (a).
230.05(5)
(5) The administrator shall promulgate rules for the effective operation of the provisions of this subchapter for which responsibility is specifically charged to the administrator. Notice of the contents of such rules and any modifications thereof shall be given to appointing authorities affected thereby, and such rules and modifications shall also be printed for public distribution.
230.05(6)
(6) The administrator may seek the prior advice and counsel of agency heads in the formulation of policies and procedures concerning the duties specified for the administrator under this subchapter.
230.05(7)
(7) The administrator shall use techniques and procedures designed to certify eligible applicants to any vacant permanent position within 45 days after the filing of an appropriate request by an appointing authority.
230.05(8)
(8) The administrator may provide any personnel services to nonstate governmental units and may charge the nonstate governmental units for providing the services.
230.05 Cross-reference
Cross Reference: See also
ER-MRS, Wis. adm. code.
230.05 Annotation
DMRS has no authority to control the recruitment process after certification. It was proper to dismiss DMRS as a party to an action alleging discrimination in failing to hire a candidate who had been certified for the position. Balele v. Wisconsin Personnel Commission,
223 Wis. 2d 739,
589 N.W.2d 418 (Ct. App. 1998).
