AB21,1393,22
9(2) If the
administrator director refuses to examine an applicant, or after an
10examination to certify an eligible, as provided in this section, the
administrator 11director, if requested by the applicant so rejected within 10 days of the date of receipt
12of the notice of rejection, shall give the applicant a full and explicit statement of the
13exact cause of such refusal to examine or to certify. Applicants may appeal to the
14commission the decision of the
administrator director to refuse to examine or certify
15under s. 230.44 (1) (a). Upon request of an applicant or an eligible for a civil service
16position who has a disability, the department of health services shall obtain from the
17administrator director a detailed description of all duties entailed by such position
18and shall determine and report its findings to the
administrator director, as to the
19ability of the applicant, or eligible, to perform the duties of such position. Such
20findings shall be conclusive as to the qualifications of any applicant, or eligible, so
21examined. A notice of rejection shall notify an applicant or eligible of his or her rights
22under this subsection.
AB21,1394,4
23(3) When any position to be filled involves fiduciary responsibility, the
24appointing authority shall conduct a criminal history background check before
25offering employment to an applicant for the position. If otherwise permitted by law,
1the appointing authority may require the appointee to furnish bond or other security,
2and shall notify the
administrator director of the amount and other details thereof.
3Any surety company authorized to do business in this state shall be a sufficient
4security on any such bond.
AB21,3723
5Section
3723. 230.18 of the statutes is amended to read:
AB21,1394,16
6230.18 Discrimination prohibited. No question in any form of application
7or in any examination may be so framed as to elicit information concerning the
8partisan political or religious opinions or affiliations of any applicant nor may any
9inquiry be made concerning such opinions or affiliations and all disclosures thereof
10shall be discountenanced except that the
administrator
director may evaluate the
11competence and impartiality of applicants for positions such as clinical chaplain in
12a state institutional program. No discriminations may be exercised in the
13recruitment, application, examination or hiring process against or in favor of any
14person because of the person's political or religious opinions or affiliations or because
15of age, sex, disability, race, color, sexual orientation, national origin or ancestry
16except as otherwise provided.
AB21,3724
17Section
3724. 230.19 (1) of the statutes is amended to read:
AB21,1394,2118
230.19
(1) The
administrator director shall provide employees with reasonable
19opportunities for career advancement, within a classified service structure designed
20to achieve and maintain a highly competent work force, with due consideration given
21to affirmative action.
AB21,3725
22Section
3725. 230.19 (2) of the statutes is amended to read:
AB21,1395,823
230.19
(2) If, in the judgment of the
administrator director, the group of
24applicants best able to meet the requirements for vacancies in positions in the
25classified service are available within the classified service, the vacancies shall be
1filled by competition limited to persons in the classified service who are not employed
2under s. 230.26 or 230.27 and persons with the right of restoration resulting from
3layoff under s. 230.34 (2), unless it is necessary to go outside the classified service to
4be consistent with an approved affirmative action plan or program. The
5administrator director may also limit competition for promotion to the employees of
6an agency or an employing unit within an agency if the resulting group of applicants
7would fairly represent the proportion of members of racial and ethnic, gender or
8disabled groups in the relevant labor pool for the state.
AB21,3726
9Section
3726. 230.21 (1) of the statutes is amended to read:
AB21,1395,1210
230.21
(1) Subject to s. 230.275, the
administrator director may, to meet the
11needs of the service, establish separate recruitment, examination and certification
12procedures for filling positions in unskilled labor and service classes.
AB21,3727
13Section
3727. 230.21 (1m) (a) (intro.) of the statutes is amended to read:
AB21,1395,1714
230.21
(1m) (a) (intro.) If the
administrator director uses the method of random
15certification to determine which applicants for an unskilled labor or service position
16will receive further consideration for the position, the
administrator director shall
17do all of the following:
AB21,3728
18Section
3728. 230.21 (1m) (b) of the statutes is amended to read:
AB21,1396,219
230.21
(1m) (b) If the
administrator
director uses the method of random
20certification to determine which applicants for an unskilled labor or service position
21will receive further consideration for the position and the appointing authority does
22not select a veteran or a person the hiring of whom would serve affirmative action
23purposes, the appointing authority shall make and retain a written record of the
24appointing authority's reasons for selecting the person who was appointed. The
25appointing authority shall make the written records available to the
office division
1and annually submit a report to the
office
division summarizing the reasons
2contained in the written records.
AB21,3729
3Section
3729. 230.21 (2) of the statutes is amended to read:
AB21,1396,84
230.21
(2) The
administrator director may designate classifications in which
5applicants are in critically short supply and may develop such recruitment,
6examination and certification processes as will provide agencies with prompt
7certification when qualified applicants can be found, provided that due notice has
8been given and proper competitive standards have been maintained.
AB21,3730
9Section
3730. 230.21 (3) of the statutes is amended to read:
AB21,1396,1510
230.21
(3) The
administrator director shall designate classifications in prison
11industries in the department of corrections as critical positions requiring expeditious
12hiring and shall develop such recruitment, examination and certification processes
13as will provide the department with prompt certification when qualified applicants
14can be found, provided that due notice has been given and proper competitive
15standards have been maintained.
AB21,3731
16Section
3731. 230.213 of the statutes is amended to read:
AB21,1397,2
17230.213 Affirmative action procedures for corrections positions. The
18administrator director may, to meet affirmative action objectives, establish such
19recruitment, examination and certification procedures for positions in the
20department of corrections as will enable the department of corrections to increase the
21number of employees of a specified gender or a specified racial or ethnic group in
22those positions. The
administrator director shall design the procedures to obtain a
23work force in the department of corrections that reflects the relevant labor pool. The
24administrator director may determine the relevant labor pool from the population
1of the state or of a particular geographic area of the state, whichever is more
2appropriate for achieving the affirmative action objective.
AB21,3732
3Section
3732. 230.215 (3) (a) of the statutes is amended to read:
AB21,1397,124
230.215
(3) (a) An agency may, with the approval of the
director administrator 5and with the approval of the secretary of administration under s. 16.50, restructure
6budgeted permanent positions as such positions become vacant or if an employee
7voluntarily requests a job-sharing or permanent part-time employment
8opportunity. No employee occupying a full-time permanent position may be
9involuntarily terminated, demoted, transferred or reassigned in order to restructure
10that position for permanent part-time employment and no such employee may be
11required to accept a permanent part-time position as a condition of continued
12employment.
AB21,3733
13Section
3733. 230.215 (3) (b) of the statutes is amended to read:
AB21,1397,1814
230.215
(3) (b) If the
director administrator, upon review of the report
15submitted under sub. (4), determines that an agency's past or proposed actions
16relating to permanent part-time employment opportunities do not adequately
17reflect the policy under sub. (1) (e), the
director
administrator may recommend
18procedures designed to enable the agency to effect such policy.
AB21,3734
19Section
3734. 230.215 (4) of the statutes is amended to read:
AB21,1397,2320
230.215
(4) Reports. Each agency, in complying with s. 15.04 (1) (d), shall
21include a report on the progress or failure of the plans of such agency in achieving
22the policies stated under sub. (1) and shall submit a copy of such report to the
director 23administrator.
AB21,3735
24Section
3735. 230.22 of the statutes is amended to read:
AB21,1398,3
1230.22 Entry professional selection. (1) The
director administrator may
2establish by rule an entry professional class program for use in a wide range of entry
3professional positions.
AB21,1398,7
4(2) In connection with this program the
director administrator may establish
5separate classifications and corresponding pay provisions to provide agencies an
6entry professional program, through which they can compete on campuses and in the
7labor market for the best available applicants.