230.08(2)(ye)(ye) The director of the interagency council on homelessness 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(3)(f)(f) A position title in the classified service may not include the term “engineer” unless the position requires that an individual holding the position satisfies one of the following: 230.08(3)(f)2.2. The individual has a bachelor of science or higher degree in engineering. 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, 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(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)(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 administrator. 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 administrator’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 administrator 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 director 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 administrator shall audit the payrolls of the classified and unclassified service, as necessary, to carry out this subchapter. 230.08 HistoryHistory: 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; 2013 a. 20 ss. 2000 to 2010, 2365m, 9448; 2013 a. 166; 2015 a. 55, 118, 150; 2017 a. 59, 74, 111, 143, 366, 369; 2023 a. 19, 73. 230.08 Cross-referenceCross-reference: See also chs. ER 2 and ER-MRS 27, Wis. adm. code. 230.08 AnnotationAn 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 AnnotationAn 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 administrator 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.