Wisconsin Legislature: CIVIL SERVICE

CIVIL ACTIONS

Commitments

State may require proof beyond a reasonable doubt in civil commitments although a lesser burden would be sufficient under the U.S. Constitution. 68-406

CIVIL DEFENSE

Worker's compensation

A disaster training exercise is covered employment for worker's compensation purposes under sec. 22.16(9)(d), Stats. Pursuant to that provision, a person remains the employe of his or her initial emergency government unit for the duration of an emergency government activity. Section 22.16(9)(f), Stats., also construed. 62-217

CIVIL RIGHTS

See also PUBLIC OFFICIALS

Classified service

Staff positions in the Milwaukee District Attorney's office, which are mandated by statute as unclassified positions must be created in the unclassified service, unless the county's Civil Service Commission determines that transferring these positions to the classified service is necessary to secure the best service for the county. (Unpub.). 17-1989

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

Collective bargaining

Matters within the scope of bargaining as set forth in sec. 111.91, Stats., agreed to by the Department of Administration and a state employe union are not effective until submitted as tentative agreements to and approved by the Joint Committee on Employment Relations. Action of the Secretary of the Department of Administration in agreeing to so-called non-recrimination clause was within his discretion but the clause itself is unenforceable until approved by the Joint Committee on Employment Relations. 67-38

"Raised hiring rate" and "hiring above the minimum" practices utilized by administrator of Division of Personnel pursuant to Wis. Adm. Code section Pers. 5.02(1) and (2) 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

County auditor

The civil service provisions of sections 63.01 to 63.17, Stats., are not applicable to appointments of a county auditor or deputy auditor pursuant to section 59.72(3) and (4) unless such a civil service system is mandated for such county because it contains 500,000 inhabitants or more, or such system is applicable because the county involved has exercised its option under section 63.01 to enact such a system. 78-91

County 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

Deputy sheriff

Deputy sheriff, appointed under sec. 59.21(2) and (8)(a), Stats., must be a resident of the state and must, before qualifying and serving, be a resident of the county and must continue to maintain residency therein. 66-315

Section 63.065, Stats., applies to county having a population of less than 500,000 which has adopted a civil service program for deputy sheriffs pursuant to sec. 59.21(8)(a), Stats., and which operates under a civil service commission. Where an application for leave is applied for by a deputy who has been elected to a county or state office, leave without pay must be granted. 68-124

The county board may require the appointment of regularly employed deputies to be in accordance with the pertinent civil service ordinance. The county board may fix the number and the compensation, if any, of all deputy sheriffs, whether regularly employed or honorary deputies. Notwithstanding the number fixed by ordinance, the sheriff retains the power to call a Posse Comitatus pursuant to sec. 59.24(1), Stats. 68-334

Discharge of a classified employe

Provisions of a county civil service ordinance enacted under sec. 59.07(20), Stats., or collective bargaining agreement entered into pursuant to sec. 111.70, Stats., establishing a procedure to be followed prior to discharge of a classified employe, supersede and modify provisions of sec. 59.38(1), Stats., which authorize a clerk of court to discharge a deputy clerk of court at pleasure. 63-147

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

Hatch Act

See Political activities

Leave of absence

Personnel Board

The Personnel Board may not approve the assignment of a classification in the clerical occupational group to a lower pay range than the pay range to which a classification in a different occupational group is assigned if the classifications include positions involving "work of equivalent skills and responsibilities." The phrase "the principle of equal pay for work of equivalent skills and responsibilities" contained in sec. 230.09(2)(b), Stats., requires equal pay only for substantially similar or equal work. The Board may not give retroactive effect to the establishment of classifications and grade levels or the assignment of classifications to the appropriate pay rates or ranges. 68-190

Personnel, Bureau of

"Raised hiring rate" and "hiring above the minimum" practices utilized by administrator of Division of Personnel pursuant to Wis. Adm. Code section Pers. 5.02(1) and (2) and 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

Political activities

Classified employes, including classified employes of legislative service agencies can run for nonpartisan office. An agency cannot prohibit its classified employes from running for nonpartisan office except in certain circumstances. 80-68

Classified state employes whose positions are federally funded in whole or in part, and who are not covered by a collective bargaining agreement, are entitled to leaves of absence in order to run for partisan political office and cannot be compelled to resign. Leaves of absence for such employes are governed generally by the terms of applicable collective bargaining agreements. 73-131

Discussion of restrictions on political activities of state employes under federal and state law. 67-315

Meaning of the phrase "declares an intention to run for office" in section 230.40(2), Stats., discussed. 81-135

State employes covered by the Hatch Act cannot be discharged for partisan political participation while on leaves of absence pursuant to sec. 16.35(2) and (4). 63-217

Statutes and rules which restrict the partisan activities of some employes and officeholders do not offend the First Amendment even if they result in the employes or officeholders being prohibited from participating in the party caucuses which choose delegates to the National Convention. 73-51

Relatives

Within limits, county board may prospectively prohibit department heads from appointing close relatives to county offices but cannot totally prohibit relatives from any employment by the county. (Unpub.). 88-1977

Residency requirement

The residency requirement for classified civil service positions when no similar requirement exists for positions in the unclassified service constitutes a violation of the equal protection clause of the fourteenth amendment to the United States Constitution. 76-45

Secretary of the Department of Veterans Affairs

The Secretary of the Department of Veterans Affairs may only be removed from office by the governor for cause. The Board has no authority to discharge, suspend, or take disciplinary action that would prevent the Secretary from fulfilling the statutory duties of his office. 65-229

Seniority