230.08(2)(f)
(f) All legislative officers and, in addition, policy research personnel, assistants to legislators, research staff assigned to legislative committees, and other persons employed under
s. 13.20.
230.08(2)(fc)
(fc) The chief and personnel of the legislative reference bureau.
230.08(2)(fe)
(fe) The state auditor and personnel of the legislative audit bureau.
230.08(2)(fm)
(fm) The director and personnel of the legislative fiscal bureau.
230.08(2)(fo)
(fo) The director and personnel of the legislative council staff.
230.08(2)(fp)
(fp) The director and personnel of the legislative technology services bureau.
230.08(2)(fs)
(fs) All deputies of department secretaries appointed under
s. 15.04 (2) and executive assistants to department secretaries appointed under
s. 15.05 (3), including those appointed by the attorney general, the adjutant general, the director of the technical college system and the state superintendent of public instruction.
230.08(2)(g)
(g) One stenographer appointed by each elective executive officer, and one deputy or assistant appointed by each elective executive officer except the attorney general and superintendent of public instruction.
230.08(2)(h)
(h) The clerks and other assistants and employees and justices of the supreme court.
230.08(2)(i)
(i) The judges, clerks and other assistants and employees of the court of appeals.
230.08(2)(jm)
(jm) The employees of the lower Wisconsin state riverway board.
230.08(2)(k)
(k) Persons employed by the University of Wisconsin System whose employment is a necessary part of their training, student assistants or student hourly help as provided under
s. 36.05 (6).
230.08(2)(L)
(L) One deputy of the head of any of the following agencies:
230.08(2)(m)
(m) One executive assistant of the commission chairperson of each of the following agencies:
230.08(2)(mL)
(mL) One executive assistant of each commissioner of the public service commission, created under
s. 15.79.
230.08(2)(n)
(n) Court reporters employed by the circuit court.
230.08(2)(o)
(o) The executive director and other employees of the judicial commission.
230.08(2)(on)
(on) The legal counsel to the government accountability board.
230.08(2)(p)
(p) All employees of the investment board, except blue collar and clerical employees.
230.08(2)(q)
(q) The state public defender and staff attorney positions in the office of the state public defender.
230.08(2)(r)
(r) All employees appointed by the lieutenant governor.
230.08(2)(s)
(s) The director, sales manager and 3 sales representatives of prison industries in the department of corrections.
230.08(2)(sg)
(sg) Deputy district attorney and assistant district attorney positions in the office of district attorney.
230.08(2)(tv)
(tv) The director of the office of urban development in the department of children and families, appointed under
s. 48.48 (16m).
230.08(2)(v)
(v) Not more than 5 bureau directors in the department of regulation and licensing.
230.08(2)(w)
(w) The program director for crime victims compensation and victim and witness services in the department of justice.
230.08(2)(we)
(we) Professional staff members of the educational communications board authorized under
s. 39.13 (2).
230.08(2)(x)
(x) The executive director of the waste facility siting board, unless the board chooses to appoint the executive director under the classified service.
230.08(2)(xe)
(xe) The director of Indian gaming in the department of administration, and the attorney in the department of administration, appointed under
s. 569.015 (2).
230.08(2)(xg)
(xg) The executive secretary of the board of commissioners of public lands.
230.08(2)(xm)
(xm) The commandants of Wisconsin veterans homes in the department of veterans affairs.
230.08(2)(y)
(y) The director and staff assistant of the federal-state relations office of the department of administration.
230.08(2)(ya)
(ya) The director and executive assistant to the director of the office of state employment relations in the department of administration.
230.08(2)(yc)
(yc) Two persons employed by the department of commerce engaged in advertising, marketing, and promotional activities within the United States for economic development of, and business recruitment to, this state.
230.08(2)(yn)
(yn) The executive director and staff of the Kickapoo reserve management board.
230.08(2)(z)
(z) All other officers and employees of the state whose positions are expressly excluded from the classified service by statute or whose positions cannot be placed under the classified service because of the restrictions placed on them by statute.
230.08(3)(a)(a) The classified service comprises all positions not included in the unclassified service.
230.08(3)(b)
(b) Employees holding permanent or sessional classified service positions in the legislative branch shall have the same legal status as employees holding permanent classified service positions in the administrative branch.
230.08(3)(e)
(e) School-year positions in the classified service shall be designated as permanent positions.
230.08(4)(a)(a) The number of administrator positions specified in
sub. (2) (e) includes all administrator positions specifically authorized by law to be employed outside the classified service in each department, board or commission and the historical society. In this paragraph, "department" has the meaning given under
s. 15.01 (5), "board" means the educational communications board, government accountability board, investment board, public defender board and technical college system board and "commission" means the public service commission. Notwithstanding
sub. (2) (z), no division administrator position exceeding the number authorized in
sub. (2) (e) may be created in the unclassified service.
230.08(4)(b)
(b) Notwithstanding
sub. (2) (e), no appointing authority may assign the functions enumerated in this paragraph to be supervised in whole or in part by a division administrator in the unclassified service:
230.08(4)(b)1.
1. Functions of the department of revenue relating to income, franchise, sales or excise tax administration.
230.08(4)(b)2.
2. Functions of the department of justice relating to criminal investigations, except for controlled substance criminal investigations.
230.08(4)(b)3.
3. Any function of the department of employee trust funds.
230.08(4)(b)4.
4. Functions of the public service commission relating to scheduling and conducting public hearings.
230.08(4)(c)
(c) Any proposal of a board, department or commission, as defined in
par. (a) and
s. 15.01 (5), or of the historical society, for a change in the number of positions enumerated in
sub. (2) (e), before being submitted to the legislature, shall first be submitted by the board, department or commission or by the historical society for a separate review by the secretary of administration and by the director. The secretary of administration's review shall include information on the appropriateness of the proposed change with regard to a board's, department's, commission's or society's current or proposed internal organizational structure under
s. 15.02 (4). The director's review shall include information on whether the existing classified or existing or proposed unclassified division administrator position involved is or would be assigned to pay range 1-18 or above in schedule 1, or a comparable level, of the compensation plan under
s. 230.12. The results of these reviews shall be provided by the secretary of administration and by the director to the joint committee on finance and the joint committee on employment relations at the same time that the board's, department's, commission's or society's proposal is presented to either committee.
230.08(7)
(7) Exceptional employment situations. The administrator shall provide, by rule, for exceptional methods and kinds of employment to meet the needs of the service during periods of disaster or national emergency, and for other exceptional employment situations such as to employ the mentally disabled, the physically disabled and the disadvantaged.
230.08(8)
(8) Auditing of payrolls. The director shall audit the payrolls of the classified and unclassified service, as necessary, to carry out this subchapter.
230.08 History
History: 1971 c. 40,
270;
1973 c. 333,
335;
1977 c. 29,
187;
1977 c. 196 ss.
34,
108,
130 (5);
1977 c. 272,
418,
449; Stats. 1977 s. 230.08;
1979 c. 34,
189,
221,
356,
361;
1981 c. 20,
347,
374;
1983 a. 27 ss.
1605o to
1609am,
2200 (15);
1983 a. 189 s.
329 (27);
1983 a. 371,
378;
1985 a. 29;
1987 a. 27,
119,
204,
354,
399,
403;
1989 a. 31,
107,
119,
122,
169,
208,
219,
336;
1991 a. 39,
250,
269;
1993 a. 16,
349,
399;
1995 a. 27 ss.
6245 to
6277m,
9126 (19),
9130 (4);
1995 a. 216;
1997 a. 3,
27,
179,
194,
237;
1999 a. 9,
42,
87,
186;
2001 a. 16,
19,
109;
2003 a. 33 ss.
2392 to
2407b,
9160;
2003 a. 91,
326;
2005 a. 22,
25;
2007 a. 1;
2007 a. 20 ss.
3006 to
3014,
9121 (6) (a).
230.08 Cross-reference
Cross Reference: See also chs.
ER 2 and
ER-MRS 27, Wis. adm. code.
230.08 Annotation
An administrative agency may not issue a rule that is not expressly or impliedly authorized by statute. Limiting eligibility lists of applicants for civil service positions on the basis of race or sex is not authorized by sub. (7). State v. DILHR,
77 Wis. 2d 126,
252 N.W.2d 353 (1977).
230.08 Annotation
An investment board employee hired in the classified service whose position was changed to unclassified by subsequent legislative action had a property interest in the position entitling him to continued civil service protections after the reclassification. Bahr v. State Investment Board,
186 Wis. 2d 379,
521 N.W.2d 152 (Ct. App. 1994).
230.09(1)(1) The director shall ascertain and record the duties, responsibilities and authorities of, and establish grade levels and classifications for, all positions in the classified service. Each classification so established shall include all positions which are comparable with respect to authority, responsibility and nature of work required. Each classification shall be established to include as many positions as are reasonable and practicable. In addition, each class shall:
230.09(1)(b)
(b) Be designated by the same official generic title. The official titles of classes so established shall be used in all reports and payrolls and in all estimates requesting the appropriation of money to pay employees.
230.09(1)(c)
(c) Be so constituted that the same evaluated grade level within a pay schedule can be applied to all positions in the class under similar working conditions.
230.09(1)(d)
(d) Where practical, be included in a series to provide probable lines of progression.
230.09(2)(a)(a) After consultation with the appointing authorities, the director shall allocate each position in the classified service to an appropriate class on the basis of its duties, authority, responsibilities or other factors recognized in the job evaluation process. The director may reclassify or reallocate positions on the same basis.
230.09(2)(am)
(am) The director shall maintain and improve the classification plan to meet the needs of the service, using methods and techniques which may include personnel management surveys, individual position reviews, occupational group classification surveys, or other appropriate methods of position review. Such reviews may be initiated by the director after taking into consideration the recommendations of the appointing authority, or at his or her own discretion. The director shall establish, modify or abolish classifications as the needs of the service require.
230.09(2)(b)
(b) To accommodate and effectuate the continuing changes in the classification plan as a result of the classification survey program and otherwise, the director shall, upon initial establishment of a classification, assign that class to the appropriate pay rate or range, and may, upon subsequent review, reassign classes to different pay rates or ranges. The director shall assign each class to a pay range according to the skill, effort, responsibility and working conditions required for the class, without regard to whether the class is occupied primarily by members of a certain gender or racial group. The director shall give notice to appointing authorities to permit them to make recommendations before final action is taken on any such assignment or reassignment of classes.
230.09(2)(c)
(c) If anticipated changes in program or organization will significantly affect the assignment of duties or responsibilities to positions, the appointing authority shall, whenever practicable, confer with the director within a reasonable time prior to the reorganization or changes in program to formulate methods to fill positions which are newly established or modified to the extent that reclassification of the position is appropriate. In all cases, appointing authorities shall give written notice to the director and employee of changes in the assignment of duties or responsibilities to a position when the changes in assignment may affect the classification of the position.
230.09(2)(d)
(d) If after review of a filled position the director reclassifies or reallocates the position, the director shall determine whether the incumbent shall be regraded or whether the position shall be opened to other applicants.
230.09(2)(e)
(e) If an appointing authority appoints a person to a position at an approved grade level lower than that recognized for the position, the person in the position may be regraded, only upon recommendation of the appointing authority, subject to the statutes, classification plan and rules prescribed under this subchapter.
230.09(2)(f)
(f) If a position in the classified service is reclassified or reallocated, or if a position is allocated from the unclassified service to a classification in the classified service having a lower pay rate or pay range maximum than the incumbent's current basic pay rate, the pay rate of the incumbent shall be adjusted under the compensation plan under
s. 230.12 or the rules prescribed under this section.
230.09(2)(g)
(g) When filling a new or vacant position, if the director determines that the classification for a position is different than that provided for by the legislature as established by law or in budget determinations, or as authorized by the joint committee on finance under
s. 13.10, or as specified by the governor creating positions under
s. 16.505 (1) (c) or
(2), the University of Wisconsin Hospitals and Clinics Board creating positions under
s. 16.505 (2n) or the board of regents of the University of Wisconsin System creating positions under
s. 16.505 (2m), or is different than that of the previous incumbent, the director shall notify the administrator and the secretary of administration. The administrator shall withhold action on the selection and certification process for filling the position. The secretary of administration shall review the position to determine that sufficient funds exist for the position and that the duties and responsibilities of the proposed position reflect the intent of the legislature as established by law or in budget determinations, the intent of the joint committee on finance acting under
s. 13.10, the intent of the governor creating positions under
s. 16.505 (1) (c) or
(2), the University of Wisconsin Hospitals and Clinics Board creating positions under
s. 16.505 (2n) or the intent of the board of regents of the University of Wisconsin System creating positions under
s. 16.505 (2m). The administrator may not proceed with the selection and certification process until the secretary of administration has authorized the position to be filled.
230.09(3)
(3) The director shall establish separate classifications for career executive positions under
s. 230.24 and rules governing the salary administration of positions in such classifications.
230.09 Annotation
Under sub. (2) (b), employees in different occupational groups who perform substantially similar or equal work must be assigned to the same pay range. 68 Atty. Gen. 190.
230.10
230.10
Compensation plan coverage. 230.10(1)
(1) Except as provided under
sub. (2), the compensation plan provisions of
s. 230.12 apply to all employees of the classified service, unless they are covered by a collective bargaining agreement under
subch. V of ch. 111.
230.10(2)
(2) The compensation plan in effect at the time that a representative is recognized or certified to represent employees in a collective bargaining unit and the employee salary and benefit provisions under
s. 230.12 (3) (e) in effect at the time that a representative is certified to represent employees in a collective bargaining unit under
subch. V of ch. 111 constitute the compensation plan or employee salary and benefit provisions for employees in the collective bargaining unit until a collective bargaining agreement becomes effective for that unit. If a collective bargaining agreement under
subch. V of ch. 111 expires prior to the effective date of a subsequent agreement, and a representative continues to be recognized or certified to represent employees specified in
s. 111.81 (7) (a) or certified to represent employees specified in
s. 111.81 (7) (b) to
(f) in that collective bargaining unit, the wage rates of the employees in such a unit shall be frozen until a subsequent agreement becomes effective, and the compensation plan under
s. 230.12 and salary and benefit changes adopted under
s. 230.12 (3) (e) do not apply to employees in the unit.
