Section 15.05(2), Stats., does not authorize appointment of an employe not within the Department. De facto status discussed. Quo warranto and sec. 946.12, Stats., action discussed. Corrective action requested of officers involved. (Unpub.). 8-1978
Discrimination
A state agency may insist on the presence of legal counsel when making agency personnel available for informal interviews conducted by Personnel Commission equal rights officers in the course of investigating complaints of employment discrimination against such state agency, where the equal rights officer wishes to (1) conduct on the job interviews of nonmanagerial personnel, or (2) interview agency supervisors who are not named or "immediately" involved in the discriminatory actions in question. 70-167
Discrimination settlement
Department of Industry, Labor and Human Relations may approve or be party to a job discrimination settlement agreement which includes less than the full back pay liability if the agreement eliminates the discrimination. If the agreement does not eliminate the discrimination the Department may proceed in the matter before it. 66-28
Drug testing; pre-employment
A municipality's decision to require pre-employment drug testing for prospective employes must balance the need for testing in particular positions against the invasion of personal rights that the search entails, considering all relevant factors. 76-257
Dual employment
Discussion of restrictions which section 16.417(2), Stats., imposes on dual state employment of state employes. 77-245
Employe service company
Strict compliance with all criteria in section 108.02(12m), Stats., and section 108.065 is required before a company will qualify as an employe service company and the employer for unemployment compensation purposes. 80-154
Equal employment opportunity ordinances
The employment practices of vocational, technical and adult education districts are subject to city equal employment opportunity ordinances. Such ordinances, however, can be applied only to employment within the geographic boundaries of the city. 70-226
Family Court Commissioner
Either the County Board as employer or the judges of the county as appointing authority has the authority under sec. 41.11(1), Stats., to extend the employment of a family court commissioner beyond normal retirement date. 67-120
.42 Board
Where a county board has established a civil service ordinance applicable to all county personnel other than the exceptions provided in sec. 59.07(20), Stats., the Director of the 51.42 Board does not have authority to grant vacation with pay to a 51.42 Board employe which is not authorized under the county civil service ordinance. 67-143
Fire department
Classification of chapter 213 and chapter 181, Stats., fire departments; Public sector versus private sector departments; The classification of a fire department depends upon the statute under which it was organized. 80-61
Hiring above the minimum"
"Raised hiring rate" and "hiring above the minimum" practices utilized by Administrator of Division of Personnel pursuant to section Pers 5.02(1) and (2) Wis. Adm. Code are primarily matters of compensation and wage rates related to salary-schedule adjustments and are subject to collective bargaining in some degree under sec. 111.91(1), Stats. (Unpub.). 65-1978
Juvenile delinquency records
1. A licensing agency may not ask an applicant about juvenile delinquency records. 2. A licensing agency may request information from an applicant regarding conviction records under sec. 111.32(5)(h), Stats. 67-327
Leasing company
Strict compliance with all criteria in section 108.02(12m), Stats., and section 108.065 is required before a company will qualify as an employe service company and the employer for unemployment compensation purposes. 80-154
Leave of absence
When section 63.065, Stats., permits a person to return from approved leave of absence to classified service without loss of seniority, the statute means that the person is treated for seniority purposes as though he or she never left the position in classified service. 78-11
Nepotism
Within limits, county board may prospectively prohibit department heads from appointing close relatives to county offices and positions but cannot totally prohibit relatives of a county board supervisor from any employment by the county. (Unpub.). 88-1977
Pension plan
A school district lacks authority to establish a pension plan other than through participation in the Wisconsin Retirement Fund for noncertified employes not subject to a collective bargaining agreement. (Unpub.). 68-1976
Police and Fire Commission
A police and fire commission is an employer under section 103.15, Stats., and may not test paramedic candidates for the HIV virus. Civil liability of the commission and the city it serves for claims brought by individuals who can prove that they contracted the HIV virus through employment-related contacts with paramedics discussed. 77-181
Public records
The final decision of a quasi-judicial body regarding disciplinary action against a physician in the unclassified service is properly deemed available under the Public Records Law. 74-156
Public records relating to employe grievances are not generally exempt from disclosure under the Public Records Law, and nondisclosure must be justified on a case-by-case basis. 73-20
Quo warranto action discussed
Section 15.05(2), Stats., does not authorize appointment of an employe not within the Department. De facto status discussed. Quo warranto and sec. 946.12, Stats., action discussed. Corrective action requested of officers involved. (Unpub.). 8-1978
Reinstatement
A public employe departing a non-elected county position in the sheriffs office to assume the elective county office of sheriff is not entitled to rein statement to the same or a similar position upon termination of service as such elective officer, in the absence of properly authorized civil service or contractual provisions so providing. 78-19
When section 63.065, Stats., permits a person to return from approved leave of absence to classified service without loss of seniority, the statute means that the person is treated for seniority purposes as though he or she never left the position in classified service. 78-11
"Raised hiring rate"
"Raised hiring rate" and "hiring above the minimum" practices utilized by Administrator of Division of Personnel pursuant to section Pers 5.02(1) and (2) Wis. Adm. Code are primarily matters of compensation and wage rates related to salary-schedule adjustments and are subject to collective bargaining in some degree under sec. 111.91(1), Stats. (Unpub.). 65-1978
School districts
Multiple year contract renewal provisions under section 118.24(1) and (1m), Stats., do not apply to personnel and curriculum administrators and their assistants. (Unpub.). 37-1984
Seniority
When section 63.065, Stats., permits a person to return from approved leave of absence to classified service without loss of seniority, the statute means that the person is treated for seniority purposes as though he or she never left the position in classified service. 78-11
Ski resorts and amusement parks
Public ski resorts and amusement parks which make a charge for enjoyment of their facilities are subject to rules relating to employment made under secs. 103.01 to 103.03, Stats. (Unpub.). 72-1978
State
Discussion of restrictions which section 16.417(2), Stats., imposes on dual state employment of state employes. 77-245
Temporary help service company
Strict compliance with all criteria in section 108.02(12m), Stats., and section 108.065 is required before a company will qualify as an employe service company and the employer for unemployment compensation purposes. 80-154
Unemployment benefits erroneously paid
Although unemployment benefits erroneously paid constitute overpayments which the individual recipients should be required to repay, the Department of Industry, Labor and Human Relations has discretion whether to seek recovery of such overpayment. 67-228
University
Where University has obtained ethnic or racial information about its employes under a necessary pledge of confidentiality, it need not divulge such information to a Senate committee where the committee has refused to issue a subpoena requested by the chairman and the needs of the committee can apparently be satisfied without such disclosures. (Unpub.). 79-1977
Worker's Compensation
Payment of the "supplemental benefit" of sec. 102.44(1), Stats., as created by ch. 148, Laws of 1971, is not precluded to former state employes by Wis. Const. art. IV, sec. 26. The "second injury fund" is not impressed with a constructive trust which prevents its use for payment of such "supplemental benefits." 62-69
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