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 safety and professional services.
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, deputy director, and executive assistant to the director of the office of state employment relations.
230.08(2)(yb)
(yb) The director and the deputy director of the office of business development in the department of administration.
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, and any other managerial position determined by an appointing authority. 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 employment relations commission and 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 Note
NOTE: Par. (a) is shown as affected by
2011 Wis. Acts 10 and
32 and as merged by the legislative reference bureau under s. 13.92 (2) (i).
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);
2009 a. 28;
2011 a. 10,
32,
38,
155; s. 13.92 (2) (i).
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) [or], 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) [or]. 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 Note
NOTE: Par. (g) is shown as affected by
2011 Wis. Acts 10 and
32 and as merged by the legislative reference bureau under s. 13.92 (2) (i). "Or" in brackets was inserted by Act 32 but rendered surplusage by the treatment by Act 10.
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. If an employee is covered under a collective bargaining agreement under
subch. V of ch. 111, the compensation plan provisions of
s. 230.12 apply to that employee, except for those provisions relating to matters that are subject to bargaining under a collective bargaining agreement that covers the employee.
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.
Effective date note
NOTE: Sub. (2) is amended eff. 7-1-13 by
2011 Wis. Act 32 to read:
Effective date text
(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) (ar) 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.
230.12(1)(a)1.1. The compensation plan consists of both of the following:
230.12(1)(a)1.a.
a. The dollar values of the pay rates and ranges and the within range pay steps of the separate pay schedules to which the classes and grade levels for positions in the classified service established under the classification plan are assigned.
230.12(1)(a)1.b.
b. The provisions governing the pay of all unclassified positions except positions for employees of the University of Wisconsin System, for employees of the legislature who are not identified under
s. 20.923 (4), for employees of a service agency under
subch. IV of ch. 13, for employees of the state court system, for employees of the investment board identified under
s. 230.08 (2) (p), for one stenographer employed by each elective executive officer under
s. 230.08 (2) (g), for 3 sales representatives of prison industries and one sales manager of prison industries identified under
s. 303.01 (10), and for sales and development professional of the historical society employed under
s. 44.20 (4) (a).
Effective date note
NOTE: Subdpar. b. is amended eff. 7-1-13 by
2011 Wis. Act 32 to read:
230.12 Note
b. The provisions governing the pay of all unclassified positions except positions for employees of the legislature who are not identified under s. 20.923 (4), for employees of a service agency under subch. IV of ch. 13, for employees of the state court system, for employees of the investment board identified under s. 230.08 (2) (p), for one stenographer employed by each elective executive officer, except the secretary of state and the state treasurer, under s. 230.08 (2) (g), for 3 sales representatives of prison industries and one sales manager of prison industries identified under s. 303.01 (10), and for sales and development professional of the historical society employed under s. 44.20 (4) (a).
230.12(1)(a)2.
2. In addition, the compensation plan may, when applicable, include provisions for supplemental pay and pay adjustments, and other provisions required to implement the plan or amendments thereto.
230.12(1)(a)3.
3. Provisions for administration of the compensation plan and salary transactions shall be provided, as determined by the director, in either the rules of the director or the compensation plan.
230.12(1)(b)
(b)
Schedules. The several separate pay schedules may incorporate different wage and salary administration features. Each schedule shall provide for pay ranges or pay rates and applicable methods and frequency of within range pay adjustments based on such considerations as competitive practice, appropriate principles and techniques of wage and salary administration and determination, elimination of pay inequities based on gender or race, and the needs of the service. Not limited by enumeration, such considerations for establishment of pay rates and ranges and applicable within range pay adjustments may include provisions prevalent in schedules used in other public and private employment, professional or advanced training, recognized expertise, or any other criteria which assures state employee compensation is set on an equitable basis.
230.12(1)(bf)
(bf)
Legislative action. Provisions of the compensation plan that the joint committee on employment relations approves which require legislative action for implementation, such as changes in fringe benefits and any proposed amendments, deletions or additions to existing law, shall be introduced by the committee in a bill or companion bills, to be put on the calendar. The bill or companion bills are not subject to
ss. 13.093 (1),
13.50 (6) (a) and
(b) and
16.47 (2). The committee may, however, submit suitable portions of the bill or companion bills to appropriate legislative committees for advisory recommendations on the proposed changes. The committee shall accompany the introduction of such proposed legislation with a message that informs the legislature of the committee's concurrence with the matters under consideration and which recommends the passage of such legislation without change. It is the intent of the legislature to make this process consistent with that set forth under
s. 111.92.
230.12(1)(c)1.1. When applicable, the compensation plan may provide for pay supplements to reflect those circumstances not reflected by the basic pay rates or ranges as established in the compensation plan. Such pay supplements shall not be considered as part of an employee's basic pay.
230.12(1)(c)2.
2. The director may establish a plan of extra compensation for work performed during selected hours at an hourly rate or rates subject to approval of the joint committee on employment relations. Eligibility for such extra compensation shall be as provided in the compensation plan.
230.12(1)(c)3.
3. Meals furnished an employee by the employing state agency, while the employee is required by the agency to take meals in the performance of assigned duties or responsibilities, shall be furnished without charge to the employee or deduction from the employee's salary.
230.12(1)(d)
(d)
Uniforms and safety equipment. The director, with approval of the joint committee on employment relations, may establish a schedule of payments to employees for uniforms or protective clothing and equipment required to perform their duties.
230.12(1)(dm)
(dm)
Damaged personal articles. The compensation plan shall include provision for reimbursement of employees whose articles of clothing, watches or eye glasses are damaged in the line of duty, if the damage is not caused by employee carelessness or normal wear and tear resulting from the type of work performed by an employee, subject to a minimum actual value or repair cost specified in the plan. Payments are subject to approval of an employee's appointing authority and shall not exceed a maximum amount specified in the plan.
230.12(1)(e)
(e)
Maintenance provisions. The compensation plan shall also include the approved schedule of allowable charges for the deductions from the pay of employees who are furnished meals, wholesale provisions and other maintenance provisions. Where allowances such as laundry or meals are provided any classified employee or an employee and his or her family, and such allowance in kind is included as a part of the compensation, the appointing authority or department head in addition shall pay in cash the value of the food during the vacation period or noncumulative leave of absence, if not so utilized, to such an employee.
230.12(1)(f)
(f)
Trainee pay rates. When applicable, the compensation plan may provide for rates of pay below the minimum of the pay range to reflect the appropriate beginning pay for persons appointed to positions who do not possess the qualifications necessary to perform the work at the classification level for which they are being trained. Pay increases up to the minimum of the pay range shall be provided to compensate for the attainment of additional qualifications during the trainee period.
230.12(1)(g)
(g)
Temporary reserve appeal tribunal. The compensation plan shall include a provision authorizing the department of workforce development to pay any individual who was previously employed by the department of workforce development and who is appointed to limited term employment as a temporary reserve appeal tribunal under
s. 108.09 (3) (a) 2. not more than the base pay rate that the individual was paid at the time of his or her separation from the department of workforce development, plus any across-the-board and discretionary intervening adjustments that were made under the compensation plan or applicable collective bargaining agreement to the base pay rate for the position that was previously filled by the individual during the time between the individual's separation from the department of workforce development and the individual's appointment as a temporary reserve tribunal. For the purpose of calculating the amount of any discretionary intervening adjustment, the amount shall be limited to the amount that would have been generated by the employee.
230.12(1)(h)
(h)
Other pay, benefits, and working conditions. The compensation plan may include other provisions relating to pay, benefits, and working conditions that shall supersede the provisions of the civil service and other applicable statutes and rules promulgated by the director and the administrator.
230.12(3)
(3) Compensation plan; establishment and revision. 230.12(3)(a)(a) Submission to the joint committee on employment relations. The director shall submit to the joint committee on employment relations a proposal for any required changes in the compensation plan. The proposal shall include the amounts and methods for within range pay progression, for pay transactions, and for performance awards. The proposal shall be based upon experience in recruiting for the service, the principle of providing pay equity regardless of gender or race, data collected as to rates of pay for comparable work in other public services and in commercial and industrial establishments, recommendations of agencies and any special studies carried on as to the need for any changes in the compensation plan to cover each year of the biennium. The proposal shall also take proper account of prevailing pay rates, costs and standards of living and the state's employment policies.
230.12(3)(ad)
(ad)
Timing of proposed changes. Notwithstanding any other statute, the director may delay timing for announcement or implementation of any recommended changes in the compensation plan under this section until after some or all of the collective bargaining agreements under
subch. V of ch. 111 for that biennium are negotiated. Any such action taken under this paragraph is not appealable under
s. 230.44.
230.12(3)(b)
(b)
Public hearing on the proposal; adoption of plan. The director shall submit the proposal for any required changes in the compensation plan to the joint committee on employment relations. The committee shall hold a public hearing on the proposal. The proposal, as may be modified by the joint committee on employment relations together with the unchanged provisions of the current compensation plan, shall, for the ensuing fiscal year or until a new or modified plan is adopted under this subsection, constitute the state's compensation plan. Any modification of the director's proposed changes in the compensation plan by the joint committee on employment relations may be disapproved by the governor within 10 calendar days. A vote of 6 members of the joint committee on employment relations is required to set aside any such disapproval of the governor.
