No person shall be appointed, transferred, removed, reinstated, restored, promoted or reduced in the classified service in any manner or by any means, except as provided in this subchapter.
The director and the Board of Regents of the University of Wisconsin System and the chancellor of the University of Wisconsin-Madison shall enter into a memorandum of understanding to permit employees of the University of Wisconsin System who are appointed to positions in agencies to receive credit for their years of service with the University of Wisconsin System for purposes of transferring continuous service benefits, including accumulated sick leave. The director shall promulgate rules necessary to implement the provisions of the memorandum of understanding.
Annually, each appointing authority shall submit a report to the director and the administrator indicating the number of days it took to make an offer of employment for a vacant position after receiving from the director a list of names of individuals who are certified for appointment to the position.
An appointing authority may not make an offer of employment to any individual who currently holds a position unless the appointing authority has reviewed the personnel file of the individual.
Applications and selection processes. 230.16(1)(a)
The director shall require persons applying for a position in the classified service to file an application and resume with the bureau.
The director may require in connection with the application such supplementary work history, educational transcripts, statements of physicians or others having knowledge of the applicant, as needed for qualification evaluations.
Except as provided in subd. 2.
, the director may not request a person applying for a position in the civil service, on an application or otherwise, to supply information regarding the conviction record of the applicant, or otherwise inquire into or consider the conviction record of the applicant before the applicant has been certified for the position. This paragraph does not prohibit the director from notifying an applicant for a position in the civil service that, by law or policy, a particular conviction record may disqualify an applicant from employment in a particular position.
If a particular conviction record disqualifies applicants for a certain position in the state civil service, the director may request a person applying for the position to supply information regarding the conviction record of the applicant, or otherwise inquire into or consider the conviction record of the applicant, to determine whether the applicant's conviction record disqualifies him or her for the position before the applicant is certified for the position.
The bureau shall furnish application forms without charge to all persons requesting them.
The selection process for a position in the civil service shall be free and open to all applicants who have fulfilled the preliminary requirements stated in the position announcement. To assure that all applicants have a fair opportunity to compete, competitive procedures shall be scheduled in a manner that most nearly meet the convenience of applicants and needs of the service, as determined by the director.
The director may appoint boards of evaluators of at least 2 persons, one of which is selected by the bureau and one of which is a representative of the appointing authority, for the purpose of conducting oral evaluations as a part of the hiring procedure for certain positions. All evaluators shall be well-qualified and impartial. All questions asked and answers made in any oral evaluation shall be recorded and made a part of the applicant's records.
All selection criteria, including minimum training and experience requirements, for positions in the classified service shall be job-related in compliance with appropriate validation standards and shall be subject to the approval of the director. All relevant experience, whether paid or unpaid, shall satisfy experience requirements.
In the interest of sound personnel management, consideration of applicants, and service to agencies, the director may set a standard for proceeding to subsequent steps in the selection process, provided that all applicants are fairly treated and due notice has been given. The director shall utilize appropriate scientific techniques and procedures in administering the selection process, in rating the results of any evaluations used in the selection process, and in determining the relative ratings of the competitors.
If any applicant is unable to complete an evaluation that is used in the selection process in the form presented to the applicant due to a disability, the bureau shall provide necessary accommodations to ensure equality of opportunity in the selection process.
In this subsection, “veteran" means a person who fulfills at least one of the following requirements:
Served on active duty in the U.S. armed forces for at least 180 days, not including training.
Was discharged from the U.S. armed forces because of a disability incurred during active duty or because of a disability that is later adjudicated by the U.S. department of veterans affairs to have been incurred during active duty.
The division shall accept an application after its due date from a veteran if all of the following apply:
The register established on the basis of timely applications was established not more than 60 days before the applicant's separation from the U.S. armed forces.
The application was filed not more than 45 days after the applicant's separation from the U.S. armed forces.
The appointing authority has not extended interviews for the position or filled the position at the time the application is received.
Every reasonable precaution shall be taken to prevent any unauthorized person from gaining any knowledge of the nature or content of competitive procedures in the selection process that is not available to every applicant.
Records of applicants shall be retained for at least one year. Inspection of such records shall be regulated by rules of the director.
History: 1971 c. 270
; Stats. 1971 s. 16.12; 1977 c. 196
, 130 (5)
, (6); 1977 c. 272
; Stats. 1977 s. 230.16; 1981 c. 26
; 1983 a. 148
; 1983 a. 430
; 1987 a. 399
; 1989 a. 31
; 1991 a. 2
; 1997 a. 27
; 1999 a. 87
; 2003 a. 33
; 2015 a. 55
See also ch. ER-MRS 6
, Wis. adm. code.
A Massachusetts civil service preference for veterans did not deny equal protection to women. Personnel Administrator of Mass. v. Feeney, 442 U.S. 256
Applicants and eligibles may be barred; bonds may be required. 230.17(1)(1)
The director shall provide by rule, the conditions, not otherwise provided by law, under which an eligible may be refused certification. These conditions shall be based on sufficient reason and shall reflect sound technical personnel management practices and those standards of conduct, deportment, and character necessary and demanded to the orderly, efficient, and just operation of the state service.
If the director refuses to certify an eligible, as provided in this section, the director, if requested by the applicant so rejected within 10 days of the date of receipt of the notice of rejection, shall give the applicant a full and explicit statement of the exact cause of such refusal to certify. Applicants may appeal to the commission the decision of the director to refuse to certify under s. 230.44 (1) (a)
. Upon request of an applicant or an eligible for a civil service position who has a disability, the department of health services shall obtain from the director a detailed description of all duties entailed by such position and shall determine and report its findings to the director, as to the ability of the applicant, or eligible, to perform the duties of such position. Such findings shall be conclusive as to the qualifications of any applicant, or eligible, so examined. A notice of rejection shall notify an applicant or eligible of his or her rights under this subsection.
When any position to be filled involves fiduciary responsibility, the appointing authority shall conduct a criminal history background check before offering employment to an applicant for the position. If otherwise permitted by law, the appointing authority may require the appointee to furnish bond or other security, and shall notify the director of the amount and other details thereof. Any surety company authorized to do business in this state shall be a sufficient security on any such bond.
No question in any form of application or in any evaluation used in the hiring process may be so framed as to elicit information concerning the partisan political or religious opinions or affiliations of any applicant nor may any inquiry be made concerning such opinions or affiliations and all disclosures thereof shall be discountenanced except that the director may evaluate the competence and impartiality of applicants for positions such as clinical chaplain in a state institutional program. No discriminations may be exercised in the recruitment, application, or hiring process against or in favor of any person because of the person's political or religious opinions or affiliations or because of age, sex, disability, race, color, sexual orientation, national origin, or ancestry except as otherwise provided.
History: 1971 c. 270
; 1977 c. 196
; Stats. 1977 s. 230.18; 1981 c. 112
; 1999 a. 87
; 2015 a. 55
The director shall provide employees with reasonable opportunities for career advancement, within a classified service structure designed to achieve and maintain a highly competent work force, with due consideration given to affirmative action.
See also ch. ER-MRS 14
, Wis. adm. code.
Selection of classified state employees shall be based solely on merit and no employment recommendation shall be based on political or religious affiliations or on membership in associations not primarily related to merit in employment.
An appointing authority may consider only those recommendations which he or she believes provide an objective evaluation of an applicant's character, training, experience, skills or abilities as they relate to the requirements for the position.
History: 1971 c. 270
; 1977 c. 196
; 1977 c. 273
; Stats. 1977 s. 230.20; 1999 a. 102
Unskilled labor and critical recruitment selection. 230.21(1)(1)
Subject to s. 230.275
, the director may, to meet the needs of the service, establish separate recruitment and certification procedures for filling positions in unskilled labor and service classes.
If the director uses the method of random certification to determine which applicants for an unskilled labor or service position will receive further consideration for the position, the director shall do all of the following:
Additionally certify up to 3 names of persons who are veterans.
If the director uses the method of random certification to determine which applicants for an unskilled labor or service position will receive further consideration for the position and the appointing authority does not select a veteran or a person the hiring of whom would serve affirmative action purposes, the appointing authority shall make and retain a written record of the appointing authority's reasons for selecting the person who was appointed. The appointing authority shall make the written records available to the division and annually submit a report to the division summarizing the reasons contained in the written records.
The director may designate classifications in which applicants are in critically short supply and may develop such recruitment and certification processes as will provide agencies with prompt certification when qualified applicants can be found, provided that due notice has been given and proper competitive standards have been maintained.
The director shall designate classifications in prison industries in the department of corrections as critical positions requiring expeditious hiring and shall develop such recruitment and certification processes as will provide the department with prompt certification when qualified applicants can be found, provided that due notice has been given and proper competitive standards have been maintained.
See also ch. ER-MRS 7
, Wis. adm. code.
Affirmative action procedures for corrections positions.
The director may, to meet affirmative action objectives, establish such recruitment and certification procedures for positions in the department of corrections as will enable the department of corrections to increase the number of employees of a specified gender or a specified racial or ethnic group in those positions. The director shall design the procedures to obtain a work force in the department of corrections that reflects the relevant labor pool. The director may determine the relevant labor pool from the population of the state or of a particular geographic area of the state, whichever is more appropriate for achieving the affirmative action objective.
See also s. ER-MRS 8.01
, Wis. adm. code.
Part-time employment and flexible-time schedules. 230.215(1)(1)
Declaration of policy.
The legislature finds and declares:
That employment practices which provide flexibility in scheduling hours of work often result in increased worker productivity, reduced absenteeism, improved employee morale and a more economical and efficient use of energy, highways and other transit systems.
That traditional full-time work patterns fail to meet the needs of many potentially productive citizens who, due to age, health or family circumstances, are effectively prevented from engaging in full-time employment.
That a greater number of permanent part-time employment opportunities are necessary to allow citizens a higher level of participation in the work force and to permit a greater utilization of the skills, talents and abilities of all citizens who want to work.
That it is the intent of the legislature that all agencies of state government participate in developing and creating flexible-time work schedules, additional permanent part-time positions and other alternative work patterns in order to maximize, in a manner consistent with the needs of state service, the employment options available to existing and potential state employees.
That it is the intent of the legislature that all agencies of state government make available permanent part-time employment opportunities in classified positions.
(2) Flexible-time employment scheduling.
In this subsection “flexible-time schedule" means a work schedule which includes required days or hours during which an employee subject to the work schedule must be present for work and designated hours during which the employee, with the approval of his or her supervisor, may elect a time of arrival to and departure from work. Every agency shall develop a plan for the establishment of employee flexible-time schedules. The plan shall attempt to maximize efficiency of agency operations, the level of services to the public, energy conservation and employee productivity and shall consider traffic congestion, transit facilities and other relevant factors.
An agency may, with the approval of the administrator and with the approval of the secretary of administration under s. 16.50
, restructure budgeted permanent positions as such positions become vacant or if an employee voluntarily requests a job-sharing or permanent part-time employment opportunity. No employee occupying a full-time permanent position may be involuntarily terminated, demoted, transferred or reassigned in order to restructure that position for permanent part-time employment and no such employee may be required to accept a permanent part-time position as a condition of continued employment.
If the administrator, upon review of the report submitted under sub. (4)
, determines that an agency's past or proposed actions relating to permanent part-time employment opportunities do not adequately reflect the policy under sub. (1) (e)
, the administrator may recommend procedures designed to enable the agency to effect such policy.
Permanent part-time appointments may be made for any number of hours in excess of 600 hours per year.
Each agency, in complying with s. 15.04 (1) (d)
, shall include a report on the progress or failure of the plans of such agency in achieving the policies stated under sub. (1)
and shall submit a copy of such report to the administrator.
Section 230.35 (5)
does not apply to employees subject to part-time employment and employee flexible-time scheduling under this section.
Entry professional selection. 230.22(1)(1)
The administrator may establish by rule an entry professional class program for use in a wide range of entry professional positions.
In connection with this program the administrator may establish separate classifications and corresponding pay provisions to provide agencies an entry professional program, through which they can compete on campuses and in the labor market for the best available applicants.
Subject to s. 230.275
, the director may establish separate recruitment, evaluation and certification procedures for certain entry professional positions. Vacancies in entry professional positions may be limited to persons with a degree from an institution of higher education, as defined in s. 108.02 (18)
, or a degree under an associate degree program, as defined in s. 38.01 (1)
The director may provide for cooperative programs leading to eligibility for permanent appointment in order to enable institutions of higher education and agencies to attract and train the highest caliber of undergraduate or graduate students for government employment.
See also s. ER-MRS 8.20
, Wis. adm. code.
Career executive selection. 230.24(1)(1)
The administrator may by rule develop a career executive program that emphasizes excellence in administrative skills in order to provide agencies with a pool of highly qualified executive candidates, to provide outstanding administrative employees a broad opportunity for career advancement, and to provide for the mobility of such employees among the agencies and units of state government for the most advantageous use of their managerial and administrative skills. To accomplish the purpose of this program, the director may provide policies and standards for recruitment, probation, employment register control, certification, transfer, promotion, and reemployment, and the director may provide policies and standards for classification and salary administration, separate from procedures established for other employment. The administrator shall determine the positions which may be filled from career executive employment registers.
The policy established by the director under sub. (1)
that deals with probation shall provide the option of extending the probationary period for individuals with disabilities, as defined in s. 111.32 (8)
, who are employees in a manner consistent with s. 230.28 (1) (bm)
An appointing authority shall fill a vacancy in a career executive position using an open competitive process, with due consideration given to affirmative action.
No rule may be adopted after September 15, 1979 which provides for an open enrollment period in the career executive program for incumbents who had an option to enter the program and who exercised the option of remaining outside of the program.