230.12(4)
(4) Compensation plan implementation provisions. 230.12(4)(a)(a) When an approved compensation plan or an amendment thereto becomes effective, required individual pay adjustments shall be made in accordance with determinations made by the director to implement the approved plan.
230.12(4)(b)
(b) The director may, without prior approval of the joint committee on employment relations, determine the circumstances under which it is appropriate for an appointing authority to grant, and authorize an appointing authority to grant, a general wage or parity adjustment, or appropriate portion thereof, previously approved by the committee under this section to employees who did not receive the adjustment on the effective date of the adjustment set forth in the plan. No general wage or parity adjustment may become effective for any employee prior to the effective date of the individual employee transaction, but the director may authorize an appointing authority to grant a lump sum payment to an employee to reflect any wage or parity adjustment that the employee did not receive during the period between the effective date of the adjustment set forth in the plan and the effective date of the individual employee transaction.
230.12(5)(a)(a)
Pay advancement techniques, application. The varying circumstances and needs of the widely diverse occupational groups of state service must be recognized and met through several methods of systematic pay advancement. To this end the compensation program shall contain either individual or combinations of pay advancement techniques, and the pay schedules therein may contain provisions for a variety of methods of within range progression, including, but not limited to discretionary performance awards, equity adjustments, "time in grade" adjustments, and other appropriate within range adjustments as may be provided in the compensation schedule.
230.12(5)(b)
(b)
Date. Any authorized pay adjustments under this section shall be awarded by each appointing authority for the agency subject to
par. (d) on the date or dates in the approved plan.
230.12(5)(c)
(c)
Increase limits. Unless otherwise defined in the pay schedule the total amount for all such within range increases shall not exceed the amount for such increases specified and approved by the joint committee on employment relations in its action on the director's proposal for such increases.
230.12(5)(d)
(d)
Individual increase limit. No appointing authority shall award an employee cumulative performance award increases or other types of cumulative within range pay adjustments exceeding a total of 10% of the employee's base pay during a fiscal year. This paragraph does not apply to a specific type of pay increase authorized by the compensation plan if the plan specifically refers to this paragraph and specifically provides that the type of pay increase referenced in the plan is not subject to this paragraph.
230.12(5)(e)
(e)
Appeal of discretionary performance award. An employee who is dissatisfied with the evaluation methodology and results used by an agency to determine any discretionary performance award, or the amount of such an award, may grieve the decision to the appointing authority under the agency's grievance procedure. The decision of the appointing authority is final and may not be appealed to the commission under
s. 230.44 or
230.45 (1) (c).
230.12(6)
(6) Additional hours of work provisions. Provisions relating to compensation for hours of work in addition to the standard basis of employment under
s. 230.35 (5) (a) shall be provided for in the compensation plan. The provisions shall include the rate or rates to be paid to employees and the standards for determining which employees receive such compensation.
230.12(7m)
(7m) Pay adjustment filing requirements. Except as provided in the rules of the director and in the compensation plan, pay increases shall be made only on the dates prescribed under
sub. (8). Appointing authorities shall at such times each year as specified by the secretary file with the director and with the secretary of administration a list of employees showing their then existing pay rates and their proposed new pay rates.
230.12(8)
(8) Effective date of compensation adjustments. Except as provided in
s. 20.923 (3), all compensation adjustments for state employees shall be effective on the beginning date of the pay period nearest the statutory or administrative date.
230.12(9)
(9) Health insurance premium credits. The director may recommend to the joint committee on employment relations a program, administered by the department of employee trust funds, that provides health insurance premium credits to employees whose compensation is established under this section or
s. 20.923 (2) or
(3). The health insurance premium credits shall be used for the purchase of health insurance for a retired employee, or the retired employee's surviving insured dependents; for an eligible employee under
s. 40.02 (25) (b) 6e., or the eligible employee's surviving insured dependents; for an employee who is laid off, but who is not on a temporary, school year, seasonal, or sessional layoff, and his or her surviving insured dependents; and for the surviving insured dependents of an employee who dies while employed by the state, and shall be based on the employee's years of continuous service, accumulated unused sick leave and any other factor recommended by the director. Credits granted under the program to an employee who is laid off shall be available until the credits are exhausted, the employee is reemployed by the state, or 5 years have elapsed from the date of layoff, whichever occurs first. The approval process for the program is the same as that provided under
sub. (3) (b) and the program shall be incorporated into the compensation plan under
sub. (1).
230.12 History
History: 1971 c. 55,
125,
215;
1971 c. 270 ss.
20,
27,
28,
30 to
32;
1971 c. 336; Stats. 1971 s. 16.086;
1973 c. 12,
51,
90;
1975 c. 28,
39,
199,
224;
1977 c. 29,
44;
1977 c. 196 ss.
36,
130 (3), (5), (11),
131;
1977 c. 272,
418,
449; Stats. 1977 s. 230.12;
1979 c. 221;
1981 c. 20 s.
2202 (33) (b);
1981 c. 153;
1983 a. 27 ss.
1611am to
1612am,
2200 (15);
1983 a. 140;
1985 a. 29,
34,
42,
119,
332;
1987 a. 33,
83,
340,
399,
403;
1989 a. 39,
56,
117,
119,
124,
153,
336,
359;
1991 a. 269;
1995 a. 37,
88;
1997 a. 14,
237;
1999 a. 42,
102;
2001 a. 16,
29,
35;
2003 a. 33,
91,
117.
230.12 Cross-reference
Cross Reference: See also ch.
ER 29, Wis. adm. code.
230.13(1)(1) Except as provided in
sub. (3) and
ss. 19.36 (10) to
(12) and
103.13, the director and the administrator may keep records of the following personnel matters closed to the public:
230.13(1)(a)
(a) Examination scores and ranks and other evaluations of applicants.
230.13(1)(c)
(c) Dismissals, demotions and other disciplinary actions.
230.13(1)(d)
(d) Pay survey data obtained from identifiable nonpublic employers.
230.13(1)(e)
(e) Names of nonpublic employers contributing pay survey data.
230.13(2)
(2) Unless the name of an applicant is certified under
s. 230.25, the director and the administrator shall keep records of the identity of an applicant for a position closed to the public, except as provided in
sub. (3).
230.13(3)(a)(a) The director and the administrator shall provide to the department of workforce development or a county child support agency under
s. 59.53 (5) information requested under
s. 49.22 (2m) that would otherwise be closed to the public under this section. Information provided under this paragraph may only include an individual's name and address, an individual's employer and financial information related to an individual.
230.13(3)(b)
(b) The director and the administrator may provide any agency with personnel information relating to the hiring and recruitment process, including specifically the examination scores and ranks and other evaluations of applicants.
230.13 Note
NOTE: 2003 Wis. Act 47, which affects this section, contains extensive explanatory notes.
230.13 Annotation
Only names of applicants for classified positions who were not certified for employment may be withheld under sub. (2). Milwaukee Journal v. UW Board of Regents,
163 Wis. 2d 933,
472 N.W.2d 607 (Ct. App. 1991).
230.14(1)(1) Recruitment for classified positions shall be an active continuous process conducted in a manner that assures a diverse, highly qualified group of applicants; and shall be conducted on the broadest possible base consistent with sound personnel management practices and an approved affirmative action plan or program. Due consideration shall be given to the provisions of
s. 230.19.
230.14(3m)
(3m) In advertising openings in the classified civil service, the state may not require as a condition of application that an applicant be a college graduate unless the opening must be filled by an incumbent holding a credential, as defined in
s. 440.01 (2) (a), or other license, permit, certificate or registration in an occupation regulated by law and college graduation is required to obtain the occupational credential, license, permit, certificate or registration.
230.14(4)
(4) The administrator may charge an agency a fee to announce any vacancy to be filled in a classified or unclassified position in that agency. Funds received under this subsection shall be credited to the appropriation account under
s. 20.545 (1) (ka).
230.14 Cross-reference
Cross Reference: See also ch.
ER-MRS 6, Wis. adm. code.
230.143
230.143
Appointment; selective service registration. A person who is required to register with the selective service system under 50 USC, Appendix, sections 451 to 473, but has not registered, may not receive any of the following during the period that the person is required to register:
230.143(1)
(1) An original appointment to a position in the classified service.
230.143 History
History: 2001 a. 16;
2003 a. 33.
230.147
230.147
Employment of aid recipients. 230.147(1)
(1) Each appointing authority of an agency with more than 100 authorized permanent full-time equivalent positions shall prepare and implement a plan of action to employ persons who, at the time determined under
sub. (4), receive aid under
s. 49.19, or benefits under
s. 49.147 (3) to
(5), with the goal of making the ratio of those persons occupying permanent positions in the agency to the total number of persons occupying permanent positions in the agency equal to the ratio of the average case load receiving aid under
s. 49.19, or benefits under
s. 49.147 (3) to
(5), in this state in the previous fiscal year to the average number of persons in the state civilian labor force in the preceding fiscal year, as determined by the department of workforce development.
230.147(2)
(2) Each appointing authority of an agency with 100 or fewer authorized permanent full-time equivalent positions is encouraged to employ persons who, at the time determined under
sub. (4), receive aid under
s. 49.19, or benefits under
s. 49.147 (3) to
(5), to attempt to make the ratio of those persons occupying permanent positions in the agency to the total number of persons occupying permanent positions in the agency equal to the ratio of the average case load receiving aid under
s. 49.19, or benefits under
s. 49.147 (3) to
(5) in this state in the previous fiscal year to the average number of persons in the state civilian labor force in the preceding fiscal year, as determined by the department of workforce development.
230.147(3)
(3) Notwithstanding
subs. (1) and
(2), the state fair park board shall make every reasonable effort to employ in permanent full-time equivalent positions persons who, at the time determined under
sub. (4), receive aid under
s. 49.19 or benefits under
s. 49.147 (3) to
(5). The state fair park board shall consult with the office to assure that its efforts under this subsection comply with
ch. 230.
230.147(4)
(4) The determination of when a person is receiving aid under
s. 49.19 for the purposes of this section shall be made as follows:
230.147(4)(a)
(a) For positions in the classified service, when the person is certified under
s. 230.25.
230.147(4)(b)
(b) For positions outside of the classified service, when the person begins employment with the agency or state fair park board.
230.148
230.148
Unclassified service reappointments. No person may be reappointed to a position in the unclassified service in any executive branch agency except the office of the governor, within one year after the person vacated the position, at a salary in excess of the salary which the person was receiving in the position at the time he or she vacated the position unless the excess is for an across the board pay adjustment or merit pay adjustment which is authorized by the joint committee on employment relations or by the legislature and which is generally awarded to other employees in the period between the time the person vacated the position and the time of the reappointment, or unless the excess was received by the person after vacating the position and while serving for not less than 6 consecutive months in any agency in any branch of state government.
230.148 History
History: 1979 c. 34.
230.15
230.15
Appointments, promotions, changes in classified service. 230.15(1)(1) Subject to the restriction under
s. 230.143, appointments to, and promotions in, the classified service shall be made only according to merit and fitness, which shall be ascertained so far as practicable by competitive examination. The administrator may waive competitive examination for appointments made under
subs. (1m) and
(2) and shall waive competitive examination for appointments made under
sub. (2m).
230.15(1m)(a)(a) Whenever the state becomes responsible for a function previously administered by another governmental agency or a quasi-public or private enterprise, or when positions in the unclassified service, excluding employees of the legislature, are determined to be more appropriately included in the classified service, the affected positions shall be included in the classified service.
230.15(1m)(b)
(b) Whenever a position is included in the classified service under
par. (a), the director shall determine all of the following:
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 Annotation
The federal civil rights act of 1991 does not prohibit expanded certification under sub. (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.
