Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB909 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 909
5	5	January 4, 2024 - Introduced by Representatives CABRERA, SINICKI, BALDEH, JOERS,
6	6	OHNSTAD, PALMERI, SHANKLAND, JACOBSON and SUBECK, cosponsored by
7	7	Senators LARSON, AGARD, HESSELBEIN, SPREITZER and L. JOHNSON. Referred to
8	8	Committee on Labor and Integrated Employment.
9	9	*AUTHORS SUBJECT TO CHANGE*
10	10	AN ACT to repeal 20.865 (1) (dm), 20.928 (1f), 230.01 (2) (bm), 230.01 (2) (bp),
11	11	230.04 (13m), 230.04 (19), 230.05 (10), 230.06 (1) (m), 230.06 (4), 230.13 (3) (c),
12	12	230.15 (6), 230.15 (7), 230.16 (1) (ap), 230.25 (2) (am), 230.31 (3), 230.34 (1) (a)
13	13	1. to 9. and 230.445; to renumber and amend 63.08 (1) (fm) and 230.34 (1) (a)
14	14	(intro.); to amend 62.13 (4) (d), 63.08 (1) (f) 1., 63.08 (1) (f) 2., 63.08 (1) (f) 3.,
15	15	63.37, 63.39 (2m), 66.0509 (1), 230.04 (14), 230.046 (2), 230.05 (7), 230.08 (2) (c),
16	16	230.12 (1) (h), 230.13 (1) (a), 230.13 (3) (b), 230.15 (1), 230.15 (1m) (c) 1., 230.16
17	17	(title), 230.16 (1) (a), 230.16 (2), 230.16 (3), 230.16 (4), 230.16 (5), 230.16 (6),
18	18	230.16 (7m) (b) 4., 230.16 (10), 230.16 (11), 230.17 (1), 230.17 (2), 230.18, 230.21
19	19	(1), 230.21 (2), 230.21 (3), 230.213, 230.24 (1), 230.25 (1), 230.25 (2) (a), 230.25
20	20	(2) (b), 230.25 (3) (a), 230.26 (2), 230.26 (4), 230.28 (1) (a), 230.28 (1) (am), 230.28
21	21	(1) (c), 230.31 (1) (intro.), 230.32 (4), 230.34 (1) (am), 230.34 (2) (intro.), 230.35
22	22	(3) (d), 230.37 (1), 230.43 (1) (title), 230.43 (1) (am), 230.43 (1) (b), 230.43 (1) (c),
23	23	230.43 (1) (d), 230.43 (1) (e), 230.43 (5), 230.44 (1) (c), 230.44 (1) (e), 321.65 (3)
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39	39	ASSEMBLY BILL 909
40	40	(g) and 323.2915 (1) and (2); to repeal and recreate 230.19, 230.24 (2), 230.25
41	41	(1g), 230.25 (1m), 230.34 (2) (a) and 230.34 (2) (b); and to create 230.16 (7m)
42	42	(c), 230.16 (9), 230.28 (6), 230.31 (2) and 230.40 (3) of the statutes; relating to:
43	43	the state civil service system.
44	44	Analysis by the Legislative Reference Bureau
45	45	This bill makes numerous changes to the state civil service system, including
46	46	all of the following:
47	47	The hiring process
48	48	1. The bill replaces competitive procedures with competitive examinations.
49	49	Under the bill, appointments to and promotions in the classified service must be
50	50	made according to merit and fitness, which must be ascertained by competitive
51	51	examinations.
52	52	2. The bill provides a preference system for veterans under which veterans and
53	53	qualifying spouses of veterans receive preference points, which are applied during
54	54	the process of creating a certification list for a position. Under current law, if a
55	55	veteran or qualifying spouse of a veteran is included on a certification list, the
56	56	appointing authority must offer an interview to the veteran or spouse of a veteran.
57	57	3. Under current law, before making an offer of employment to an individual
58	58	who currently holds a position in the civil service, an appointing authority must
59	59	review the individual's personnel file. The bill repeals that requirement.
60	60	4. The bill changes the general deadline for making appointments from 30 days
61	61	after certification to 60 days after certification. The bill also requires the director of
62	62	the Bureau of Merit Recruitment and Selection to use procedures designed to certify
63	63	applicants for a vacant permanent position within 45 days of receiving a request from
64	64	an appointing authority, rather than within 30 days under current law.
65	65	Probation, reinstatement, restoration, and layoffs
66	66	1. The bill changes the standard probationary period for all original and
67	67	promotional appointments to permanent and seasonal positions in the classified
68	68	service from one year to six months. The bill also changes the probationary period
69	69	for employees in supervisory or management positions from one year to one year with
70	70	a potential waiver after six months.
71	71	2. The bill allows permanent classified service employees who leave the
72	72	classified service without any delinquency or misconduct to have reinstatement
73	73	privileges for a five-year period from the date the employee leaves the classified
74	74	service. Under current law, there are no reinstatement privileges for permanent
75	75	classified service employees who leave the classified service without any delinquency
76	76	or misconduct for reasons other than layoff. The bill also provides reinstatement
77	77	privileges for an employee who leaves the classified service to fill an elective position,
78	78	which is not allowed under current law.
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85	85	ASSEMBLY BILL 909
86	86	3. The bill provides to a permanent employee in the classified service who is on
87	87	layoff status restoration rights for the three-year period following the layoff.
88	88	4. The bill allows appointing authorities to determine the order of layoff by
89	89	seniority, performance, any combination of seniority and performance, or other
90	90	factors. Under current law, appointing authorities are required to determine layoff
91	91	status primarily based on job performance.
92	92	Just cause and discipline
93	93	1. The bill allows an employer to remove, suspend without pay, discharge,
94	94	reduce the base pay of, or demote (take an adverse employment action against) a
95	95	permanent classified employee and certain assistant district attorneys and assistant
96	96	state public defenders only for just cause. The bill eliminates the provision that an
97	97	employer has just cause to take an adverse employment action against an employee
98	98	for work performance or personal conduct that an appointing authority determines
99	99	to be inadequate, unsuitable, or inferior, but only after the appointing authority
100	100	imposes progressive discipline that complies with standards established by the
101	101	administrator of the Division of Personnel Management. The bill also eliminates the
102	102	provision that an employer has just cause to take an adverse employment action
103	103	against an employee without imposing progressive discipline for specific conduct.
104	104	2. The bill changes the threshold for considering an employee's position
105	105	abandoned and disciplining the employee for failing to report for work as scheduled
106	106	without contacting a supervisor from three working days during a calendar year to
107	107	five consecutive working days in a calendar year.
108	108	For further information see the state fiscal estimate, which will be printed as
109	109	an appendix to this bill.
110	110	The people of the state of Wisconsin, represented in senate and assembly, do
111	111	enact as follows:
112	112	SECTION 1. 20.865 (1) (dm) of the statutes is repealed.
113	113	SECTION 2. 20.928 (1f) of the statutes is repealed.
114	114	SECTION 3. 62.13 (4) (d) of the statutes is amended to read:
115	115	62.13 (4) (d) The examination shall be free for all U.S. citizens over 18 and
116	116	under 55 years of age, with proper limitations as to health and, subject to ss. 111.321,
117	117	111.322, and 111.335, arrest and conviction record. The examination, including
118	118	minimum training and experience requirements, shall be job-related in compliance
119	119	with appropriate validation standards and shall be subject to the approval of the
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129	129	SECTION 3 ASSEMBLY BILL 909
130	130	board and may include tests of manual skill and physical strength. All relevant
131	131	experience, whether paid or unpaid, shall satisfy experience requirements. The
132	132	board shall control examinations and may designate and change examiners, who
133	133	may or may not be otherwise in the official service of the city, and whose
134	134	compensation shall be fixed by the board and paid by the city. Veterans and their
135	135	spouses shall be given preference points in accordance with s. 63.08 (1) (fm) 230.16
136	136	(7).
137	137	SECTION 4. 63.08 (1) (f) 1. of the statutes is amended to read:
138	138	63.08 (1) (f) 1. The commission may not impose any restriction as to age on any
139	139	veteran who is applying or eligible for a position under this section. The commission
140	140	shall give preference points to veterans and their spouses under par. (fm) s. 230.16
141	141	(7), except as provided under subd. 2.
142	142	SECTION 5. 63.08 (1) (f) 2. of the statutes is amended to read:
143	143	63.08 (1) (f) 2. Notwithstanding par. (fm) s. 230.16 (7), persons shall be certified
144	144	from the eligible list under s. 63.05 (1) (b) without adding any preference points to
145	145	any person's grade.
146	146	SECTION 6. 63.08 (1) (f) 3. of the statutes is amended to read:
147	147	63.08 (1) (f) 3. After the certification under subd. 2., any veteran or veteran's
148	148	spouse whose grade, plus the points to which the veteran or spouse is entitled under
149	149	par. (fm) s. 230.16 (7), is equal to or higher than the lowest grade on the list made
150	150	under subd. 2. shall be added to the certification list under s. 63.05 (1) (b). The
151	151	number of persons added to a certification list under this subdivision may not exceed
152	152	the number of persons initially certified under subd. 2.
153	153	SECTION 7. 63.08 (1) (fm) of the statutes is renumbered 230.16 (7), and 230.16
154	154	(7) (a) (intro.) and (b), as renumbered, are amended to read:
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182	182	SECTION 7
183	183	ASSEMBLY BILL 909
184	184	230.16 (7) (a) (intro.) A preference shall be given to those veterans and to those
185	185	spouses of veterans specified in subd. subds. 1. a. to f. to 6. who gain eligibility on
186	186	any competitive employment register and who do not currently hold a permanent
187	187	appointment or have mandatory restoration rights to a permanent appointment to
188	188	any position. A preference means the following:
189	189	(b) An applicant who is certified for a position after receiving a preference
190	190	under subd. 1. d., e., or f. par. (a) 4., 5., or 6. and who is appointed to that position may
191	191	not obtain a preference under subd. 1. d., e., or f. par. (a) 4., 5., or 6. for any other civil
192	192	service position for which the applicant subsequently applies.
193	193	SECTION 8. 63.37 of the statutes is amended to read:
194	194	63.37 Board to keep a register of eligibles. From the returns or reports of
195	195	the examiners, or from the examinations made by the board, the board shall prepare
196	196	and keep a register for each grade or class of position in the service of such city, of
197	197	the persons whose general average standing upon examinations for such grade or
198	198	class is not less than the minimum fixed by the rules of such board, and who are
199	199	otherwise eligible, and such persons shall take rank upon the register as candidates
200	200	in the order of their relative excellence as determined by examination without
201	201	reference to priority of time of examination. The board shall impose no restrictions
202	202	as to age in case of veterans, and veterans and their spouses shall be given preference
203	203	points in accordance with s. 63.08 (1) (fm) 230.16 (7).
204	204	SECTION 9. 63.39 (2m) of the statutes is amended to read:
205	205	63.39 (2m) Notwithstanding s. 63.08 (1) (fm) 230.16 (7), the board shall certify
206	206	persons from the list of eligibles without adding preference points to their grades.
207	207	After the certification under sub. (1) or (2), the board shall add to the certification list
208	208	any veteran or veteran's spouse whose grade, plus the points to which the veteran
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235	235	SECTION 9 ASSEMBLY BILL 909
236	236	or spouse is entitled under s. 63.08 (1) (fm) 230.16 (7), is equal to or higher than the
237	237	lowest grade on the list of eligibles.
238	238	SECTION 10. 66.0509 (1) of the statutes is amended to read:
239	239	66.0509 (1) Any city or village may proceed under s. 61.34 (1), 62.11 (5) or
240	240	66.0101 to establish a civil service system of selection, tenure and status, and the
241	241	system may be made applicable to all municipal personnel except the chief executive
242	242	and members of the governing body, members of boards and commissions including
243	243	election officials, employees subject to s. 62.13, members of the judiciary and
244	244	supervisors. Any town may establish a civil service system under this subsection.
245	245	For veterans there shall be no restrictions as to age, and veterans and their spouses
246	246	shall be given preference points in accordance with s. 63.08 (1) (fm) 230.16 (7). The
247	247	system may also include uniform provisions in respect to attendance, leave
248	248	regulations, compensation and payrolls for all personnel included in the system. The
249	249	governing body of any city, village or town establishing a civil service system under
250	250	this section may exempt from the system the librarians and assistants subject to s.
251	251	43.09 (1).
252	252	SECTION 11. 230.01 (2) (bm) of the statutes is repealed.
253	253	SECTION 12. 230.01 (2) (bp) of the statutes is repealed.
254	254	SECTION 13. 230.04 (13m) of the statutes is repealed.
255	255	SECTION 14. 230.04 (14) of the statutes is amended to read:
256	256	230.04 (14) Except as provided in s. 230.445, the The administrator shall
257	257	establish, by rule, the scope and minimum requirements of a state employee
258	258	grievance procedure relating to conditions of employment.
259	259	SECTION 15. 230.04 (19) of the statutes is repealed.
260	260	SECTION 16. 230.046 (2) of the statutes is amended to read:
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288	288	SECTION 16
289	289	ASSEMBLY BILL 909
290	290	230.046 (2) SUPERVISORY TRAINING. After initial appointment to a supervisory
291	291	position, each appointing authority shall ensure that each classified service
292	292	supervisor successfully completes a supervisory development program. A waiver of
293	293	any part of the probationary period under s. 230.28 (1) (c) may not be granted before
294	294	completion of the development program. The program shall include such subjects
295	295	as state personnel policies, grievance handling, discipline, performance evaluation,
296	296	understanding the concerns of state employees with children, the supervisor's role
297	297	in management and the concept of the total quality leadership process, including
298	298	quality improvement through participatory management.
299	299	SECTION 17. 230.05 (7) of the statutes is amended to read:
300	300	230.05 (7) The director shall use techniques and procedures designed to certify
301	301	eligible applicants to any vacant permanent position within 30 45 days after the
302	302	filing of an appropriate request by an appointing authority.
303	303	SECTION 18. 230.05 (10) of the statutes is repealed.
304	304	SECTION 19. 230.06 (1) (m) of the statutes is repealed.
305	305	SECTION 20. 230.06 (4) of the statutes is repealed.
306	306	SECTION 21. 230.08 (2) (c) of the statutes is amended to read:
307	307	230.08 (2) (c) The director, associate director, and state historian of the
308	308	historical society; and, with the approval of the board of curators and the
309	309	administrator, such number of specialists as are required by the society for specific
310	310	research, writing, collecting, or editing projects which for a limited period of time not
311	311	to exceed 2 years, renewable at the discretion of the board of curators and the
312	312	administrator for an additional 2-year period, require persons with particular
313	313	training or experience in a specialized phase or field of history, historical research,
314	314	writing, collecting, or editing, and any persons whose entire salary is paid from funds
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341	341	SECTION 21 ASSEMBLY BILL 909
342	342	reappropriated to the society by s. 20.245 (1) (r) where a competitive process
343	343	examination is impractical.
344	344	SECTION 22. 230.12 (1) (h) of the statutes is amended to read:
345	345	230.12 (1) (h) Other pay, benefits, and working conditions. The compensation
346	346	plan may include other provisions relating to pay, benefits, and working conditions
347	347	that shall supersede the provisions of the civil service and other applicable statutes
348	348	and rules promulgated by the director and the administrator.
349	349	SECTION 23. 230.13 (1) (a) of the statutes is amended to read:
350	350	230.13 (1) (a) Evaluations Examination scores and ranks and other
351	351	evaluations of applicants, including any examination scores and rankings.
352	352	SECTION 24. 230.13 (3) (b) of the statutes is amended to read:
353	353	230.13 (3) (b) The administrator director and the director administrator may
354	354	provide any agency with personnel information relating to the hiring and
355	355	recruitment process, including specifically examination scores and ranks and other
356	356	evaluations of applicants.
357	357	SECTION 25. 230.13 (3) (c) of the statutes is repealed.
358	358	SECTION 26. 230.15 (1) of the statutes is amended to read:
359	359	230.15 (1) Subject to the restriction under s. 230.143, appointments to, and
360	360	promotions in, the classified service shall be made only according to merit and
361	361	fitness, which shall be ascertained so far as practicable by competitive procedures
362	362	examinations. The director may waive competitive procedures examinations for
363	363	appointments made under subs. (1m) and (2) and shall waive competitive procedures
364	364	examinations for appointments made under sub. (2m).
365	365	SECTION 27. 230.15 (1m) (c) 1. of the statutes is amended to read:
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392	392	SECTION 27
393	393	ASSEMBLY BILL 909
394	394	230.15 (1m) (c) 1. Whenever a position is included in the classified service
395	395	under par. (a), the director may waive the requirement for competitive procedures
396	396	examinations under sub. (1) with respect to the position and certify the incumbent
397	397	employee for appointment to the position in accordance with subd. 2.
398	398	SECTION 28. 230.15 (6) of the statutes is repealed.
399	399	SECTION 29. 230.15 (7) of the statutes is repealed.
400	400	SECTION 30. 230.16 (title) of the statutes is amended to read:
401	401	230.16 (title) Applications and selection processes examinations.
402	402	SECTION 31. 230.16 (1) (a) of the statutes is amended to read:
403	403	230.16 (1) (a) The director shall require persons applying for a position in the
404	404	classified service admission to any examination under this subchapter or under the
405	405	rules of the director to file an application and resume with the bureau a reasonable
406	406	time prior to the proposed examination.
407	407	SECTION 32. 230.16 (1) (ap) of the statutes is repealed.
408	408	SECTION 33. 230.16 (2) of the statutes is amended to read:
409	409	230.16 (2) The selection process for a position in the civil service Competitive
410	410	examinations shall be free and open to all applicants who have fulfilled the
411	411	preliminary requirements stated in the position examination announcement. To
412	412	assure that all applicants have a fair opportunity to compete, competitive procedures
413	413	examinations shall be scheduled in a manner that most nearly meet the convenience
414	414	of applicants and needs of the service, as determined by the director.
415	415	SECTION 34. 230.16 (3) of the statutes is amended to read:
416	416	230.16 (3) The director may appoint boards of evaluators examiners of at least
417	417	2 persons, one of which is selected by the bureau and one of which is a representative
418	418	of the appointing authority, for the purpose of conducting oral evaluations
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445	445	SECTION 34 ASSEMBLY BILL 909
446	446	examinations as a part of the hiring examination procedure for certain positions. All
447	447	evaluators board members shall be well-qualified and impartial. All questions
448	448	asked and answers made in any oral evaluation examination of applicants shall be
449	449	recorded and made a part of the applicant's records.
450	450	SECTION 35. 230.16 (4) of the statutes is amended to read:
451	451	230.16 (4) All selection criteria examinations, including minimum training
452	452	and experience requirements, for positions in the classified service shall be
453	453	job-related in compliance with appropriate validation standards and shall be subject
454	454	to the approval of the director. All relevant experience, whether paid or unpaid, shall
455	455	satisfy experience requirements.
456	456	SECTION 36. 230.16 (5) of the statutes is amended to read:
457	457	230.16 (5) In the interest of sound personnel management, consideration of
458	458	applicants, and service to agencies, the director may set a standard for proceeding
459	459	to subsequent steps in the selection process an examination, provided that all
460	460	applicants are fairly treated and due notice has been given. The standard may be
461	461	at or above the passing point set by the director for any portion of the examination.
462	462	The director shall utilize appropriate scientific techniques and procedures in
463	463	administering the selection process, in rating the results of any evaluations used in
464	464	the selection process examinations, and in determining the relative ratings of the
465	465	competitors.
466	466	SECTION 37. 230.16 (6) of the statutes is amended to read:
467	467	230.16 (6) If any applicant is unable to complete an evaluation that is used in
468	468	the selection process the examination in the form presented to the applicant due to
469	469	a disability, the bureau shall provide necessary accommodations to ensure equality
470	470	of opportunity in the selection process examination.
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498	498	SECTION 38
499	499	ASSEMBLY BILL 909
500	500	SECTION 38. 230.16 (7m) (b) 4. of the statutes is amended to read:
501	501	230.16 (7m) (b) 4. The appointing authority has not extended interviews
502	502	examination for the position or filled the position at the time the application is
503	503	received is a written, nonessay examination that is scored by a machine.
504	504	SECTION 39. 230.16 (7m) (c) of the statutes is created to read:
505	505	230.16 (7m) (c) Within 30 days after acceptance of an application under par.
506	506	(b), the administrator shall give the applicant an examination.
507	507	SECTION 40. 230.16 (9) of the statutes is created to read:
508	508	230.16 (9) The officials in control of state, municipal, and county buildings,
509	509	upon requisition by the administrator, shall furnish without charge adequate rooms
510	510	and building services for the administration of examinations.
511	511	SECTION 41. 230.16 (10) of the statutes is amended to read:
512	512	230.16 (10) Every reasonable precaution shall be taken to prevent any
513	513	unauthorized person from gaining any knowledge of the nature or content of
514	514	competitive procedures in the selection process the examination that is not available
515	515	to every applicant.
516	516	SECTION 42. 230.16 (11) of the statutes is amended to read:
517	517	230.16 (11) Records of applicants examinations shall be retained for at least
518	518	one year. Inspection of such records shall be regulated by rules of the director.
519	519	SECTION 43. 230.17 (1) of the statutes is amended to read:
520	520	230.17 (1) The director shall provide by rule, the conditions, not otherwise
521	521	provided by law, under which an eligible applicant may be refused examination or
522	522	reexamination, or an eligible refused certification. These conditions shall be based
523	523	on sufficient reason and shall reflect sound technical personnel management
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547	547	24 - 12 -2023 - 2024 Legislature LRB-4277/1
548	548	MIM:cdc
549	549	SECTION 43 ASSEMBLY BILL 909
550	550	practices and those standards of conduct, deportment, and character necessary and
551	551	demanded to the orderly, efficient, and just operation of the state service.
552	552	SECTION 44. 230.17 (2) of the statutes is amended to read:
553	553	230.17 (2) If the director refuses to examine an applicant, or after examination
554	554	to certify an eligible, as provided in this section, the director, if requested by the
555	555	applicant so rejected within 10 days of the date of receipt of the notice of rejection,
556	556	shall give the applicant a full and explicit statement of the exact cause of such refusal
557	557	to examine or certify. Applicants may appeal to the commission the decision of the
558	558	director to refuse to examine or certify under s. 230.44 (1) (a). Upon request of an
559	559	applicant or an eligible for a civil service position who has a disability, the
560	560	department of health services shall obtain from the director a detailed description
561	561	of all duties entailed by such position and shall determine and report its findings to
562	562	the director, as to the ability of the applicant, or eligible, to perform the duties of such
563	563	position. Such findings shall be conclusive as to the qualifications of any applicant,
564	564	or eligible, so examined. A notice of rejection shall notify an applicant or eligible of
565	565	his or her rights under this subsection.
566	566	SECTION 45. 230.18 of the statutes is amended to read:
567	567	230.18 Discrimination prohibited. No question in any form of application
568	568	or in any evaluation used in the hiring process examination may be so framed as to
569	569	elicit information concerning the partisan political or religious opinions or
570	570	affiliations of any applicant nor may any inquiry be made concerning such opinions
571	571	or affiliations and all disclosures thereof shall be discountenanced except that the
572	572	director may evaluate the competence and impartiality of applicants for positions
573	573	such as clinical chaplain in a state institutional program. No discriminations may
574	574	be exercised in the recruitment, application, examination, or hiring process against
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599	599	25 - 13 -2023 - 2024 Legislature
600	600	LRB-4277/1
601	601	MIM:cdc
602	602	SECTION 45
603	603	ASSEMBLY BILL 909
604	604	or in favor of any person because of the person's political or religious opinions or
605	605	affiliations or because of age, sex, disability, race, color, sexual orientation, national
606	606	origin, or ancestry except as otherwise provided.
607	607	SECTION 46. 230.19 of the statutes is repealed and recreated to read:
608	608	230.19 Promotion. (1) The administrator shall provide employees with
609	609	reasonable opportunities for career advancement, within a classified service
610	610	structure designed to achieve and maintain a highly competent work force, with due
611	611	consideration given to affirmative action.
612	612	(2) If, in the judgment of the administrator, the group of applicants best able
613	613	to meet the requirements for vacancies in positions in the classified service are
614	614	available within the classified service, the vacancies shall be filled by competition
615	615	limited to persons in the classified service who are not employed under s. 230.26 or
616	616	230.27 and persons with the right of restoration resulting from layoff under s. 230.34
617	617	(2), unless it is necessary to go outside the classified service to be consistent with an
618	618	approved affirmative action plan or program. The administrator may also limit
619	619	competition for promotion to the employees of an agency or an employing unit within
620	620	an agency if the resulting group of applicants would fairly represent the proportion
621	621	of members of racial and ethnic, gender, or disabled groups in the relevant labor pool
622	622	for the state.
623	623	(3) A person with the right of restoration resulting from layoff under s. 230.34
624	624	(2) may compete only for a position under sub. (2) for which he or she could have
625	625	competed had the layoff not occurred.
626	626	SECTION 47. 230.21 (1) of the statutes is amended to read:
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650	650	MIM:cdc
651	651	SECTION 47 ASSEMBLY BILL 909
652	652	230.21 (1) Subject to s. 230.275, the director may, to meet the needs of the
653	653	service, establish separate recruitment, examination, and certification procedures
654	654	for filling positions in unskilled labor and service classes.
655	655	SECTION 48. 230.21 (2) of the statutes is amended to read:
656	656	230.21 (2) The director may designate classifications in which applicants are
657	657	in critically short supply and may develop such recruitment, examination, and
658	658	certification processes as will provide agencies with prompt certification when
659	659	qualified applicants can be found, provided that due notice has been given and proper
660	660	competitive standards have been maintained.
661	661	SECTION 49. 230.21 (3) of the statutes is amended to read:
662	662	230.21 (3) The director shall designate classifications in prison industries in
663	663	the department of corrections as critical positions requiring expeditious hiring and
664	664	shall develop such recruitment, examination, and certification processes as will
665	665	provide the department with prompt certification when qualified applicants can be
666	666	found, provided that due notice has been given and proper competitive standards
667	667	have been maintained.
668	668	SECTION 50. 230.213 of the statutes is amended to read:
669	669	230.213 Affirmative action procedures for corrections positions. The
670	670	director may, to meet affirmative action objectives, establish such recruitment,
671	671	examination, and certification procedures for positions in the department of
672	672	corrections as will enable the department of corrections to increase the number of
673	673	employees of a specified gender or a specified racial or ethnic group in those positions.
674	674	The director shall design the procedures to obtain a work force in the department of
675	675	corrections that reflects the relevant labor pool. The director may determine the
676	676	relevant labor pool from the population of the state or of a particular geographic area
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701	701	25 - 15 -2023 - 2024 Legislature
702	702	LRB-4277/1
703	703	MIM:cdc
704	704	SECTION 50
705	705	ASSEMBLY BILL 909
706	706	of the state, whichever is more appropriate for achieving the affirmative action
707	707	objective.
708	708	SECTION 51. 230.24 (1) of the statutes is amended to read:
709	709	230.24 (1) The administrator may by rule develop a career executive program
710	710	that emphasizes excellence in administrative skills in order to provide agencies with
711	711	a pool of highly qualified executive candidates, to provide outstanding
712	712	administrative employees a broad opportunity for career advancement, and to
713	713	provide for the mobility of such employees among the agencies and units of state
714	714	government for the most advantageous use of their managerial and administrative
715	715	skills. To accomplish the purpose of this program, the director may provide policies
716	716	and standards for recruitment, examination, probation, employment register
717	717	control, certification, transfer, promotion, and reemployment, and the director may
718	718	provide policies and standards for classification and salary administration, separate
719	719	from procedures established for other employment. The administrator shall
720	720	determine the positions which may be filled from career executive employment
721	721	registers.
722	722	SECTION 52. 230.24 (2) of the statutes is repealed and recreated to read:
723	723	230.24 (2) A vacancy in a career executive position may be filled through an
724	724	open competitive examination, a competitive promotional examination or by
725	725	restricting competition to employees in career executive positions in order to achieve
726	726	and maintain a highly competent work force in career executive positions, with due
727	727	consideration given to affirmative action. The appointing authority shall consider
728	728	the guidelines under s. 230.19 when deciding how to fill a vacancy under this
729	729	paragraph.
730	730	SECTION 53. 230.25 (1) of the statutes is amended to read:
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756	756	MIM:cdc
757	757	SECTION 53 ASSEMBLY BILL 909
758	758	230.25 (1) Appointing authorities shall give written notice to the director of any
759	759	vacancy to be filled in any position in the classified service. The director shall certify,
760	760	under this subchapter and the rules of the director, from the register of eligibles
761	761	appropriate for the kind and type of employment, the grade and class in which the
762	762	position is classified, any number of names at the head thereof. In determining the
763	763	number of names to certify, the director shall use statistical methods and personnel
764	764	management principles that are designed to maximize the number of certified names
765	765	that are appropriate for filling the specific position vacancy. Up to 2 persons
766	766	considered for appointment 3 times and not selected may be removed from the
767	767	register for each 3 appointments made. Certification under this subsection shall be
768	768	made before granting any preference under s. 230.16 (7).
769	769	SECTION 54. 230.25 (1g) of the statutes is repealed and recreated to read:
770	770	230.25 (1g) For every position to be filled by promotion from a promotional
771	771	register, the administrator shall, after certifying names under sub. (1), additionally
772	772	certify the name of the highest ranked disabled veteran whose disability is at least
773	773	70 percent.
774	774	SECTION 55. 230.25 (1m) of the statutes is repealed and recreated to read:
775	775	230.25 (1m) After certifying names under sub. (1), additional names shall be
776	776	certified in rank order of those who with the combination of veterans preference
777	777	points awarded under s. 230.16 (7) and examination score earn a total score equal
778	778	to or higher than the lowest score of those certified on the basis of examination only.
779	779	The number of veterans or spouses of veterans added to the list may not exceed the
780	780	number of names certified under sub. (1).
781	781	SECTION 56. 230.25 (2) (a) of the statutes is amended to read:
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806	806	LRB-4277/1
807	807	MIM:cdc
808	808	SECTION 56
809	809	ASSEMBLY BILL 909
810	810	230.25 (2) (a) When certifying names to appointing authorities under this
811	811	section, the director shall specify whether the certification includes qualifying
812	812	veterans or persons the hiring of whom would serve affirmative action purposes,
813	813	without divulging the names of those individuals. The director shall not disclose any
814	814	applicant's test score, with or without the addition of veterans preference points
815	815	under s. 230.16 (7), to the appointing authority.
816	816	SECTION 57. 230.25 (2) (am) of the statutes is repealed.
817	817	SECTION 58. 230.25 (2) (b) of the statutes is amended to read:
818	818	230.25 (2) (b) Unless otherwise provided in this subchapter or the rules of the
819	819	director, appointments shall be made by appointing authorities to all positions in the
820	820	classified service from among those certified to them in accordance with this section.
821	821	Appointments shall be made within 30 60 days after the date of certification unless
822	822	an exception is made by the director. If an appointing authority does not make an
823	823	appointment within 30 60 days after certification, he or she shall immediately report
824	824	in writing to the director the reasons therefor. If the director determines that the
825	825	failure to make an appointment is not justified under the merit system, the director
826	826	shall issue an order directing that an appointment be made.
827	827	SECTION 59. 230.25 (3) (a) of the statutes is amended to read:
828	828	230.25 (3) (a) Subject to par. (b), the term of eligibility on original entrance and
829	829	promotional registers is 6 months and thereafter the register expires but may be
830	830	reactivated by the administrator for up to 3 years from the date of the establishment
831	831	of the register. Except as provided in ss. 230.28 and 230.34, the eligibility of
832	832	individuals for reinstatement is 5 years and the eligibility of individuals for
833	833	restoration is 3 years.
834	834	SECTION 60. 230.26 (2) of the statutes is amended to read:
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860	860	MIM:cdc
861	861	SECTION 60 ASSEMBLY BILL 909
862	862	230.26 (2) If there are urgent reasons for filling a vacancy in any position in
863	863	the classified service and the director is unable to certify to the appointing authority,
864	864	upon requisition by the latter, a list of persons eligible for appointment from an
865	865	appropriate employment register, the appointing authority may nominate a person
866	866	to the director for noncompetitive examination. If the nominee is certified by the
867	867	director as qualified, the nominee may be appointed provisionally to fill the vacancy
868	868	until an appointment can be made from a register established after announcement
869	869	of competition for the position, except that no provisional appointment may be
870	870	continued for more than 45 working days after the date of certification from the
871	871	register. Successive appointments may not be made under this subsection. This
872	872	subsection does not apply to a person appointed to a vacant position in the classified
873	873	service under s. 230.275.
874	874	SECTION 61. 230.26 (4) of the statutes is amended to read:
875	875	230.26 (4) Fringe benefits specifically authorized by statutes, with the
876	876	exception of deferred compensation plan participation under subch. VII of ch. 40,
877	877	worker's compensation, unemployment insurance, group insurance, retirement, and
878	878	social security coverage, shall be denied employees hired under this section. Such
879	879	employees may not be considered permanent employees and do not qualify for
880	880	tenure, vacation, paid holidays, sick leave, performance awards, or the right to
881	881	compete in promotional processes examinations.
882	882	SECTION 62. 230.28 (1) (a) of the statutes is amended to read:
883	883	230.28 (1) (a) All original and all promotional appointments to permanent,
884	884	sessional and seasonal positions, with the exception of those positions designated as
885	885	supervisor or management under s. 111.81, in the classified service shall be for a
886	886	probationary period of one year 6 months, but the director at the request of the
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912	912	LRB-4277/1
913	913	MIM:cdc
914	914	SECTION 62
915	915	ASSEMBLY BILL 909
916	916	appointing authority and in accordance with related rules may extend any such
917	917	period for a maximum of 12 3 additional months. Dismissal may be made at any time
918	918	during such periods. Upon such dismissal, the appointing authority shall report to
919	919	the director and to the employee removed, the dismissal and the reason therefor. The
920	920	director may remove an employee during the employee's probationary period if the
921	921	director finds, after giving notice and an opportunity to be heard, that such employee
922	922	was appointed as a result of fraud or error.
923	923	SECTION 63. 230.28 (1) (am) of the statutes is amended to read:
924	924	230.28 (1) (am) All probationary periods for employees in supervisory or
925	925	management positions are one year, but the director at the request of the appointing
926	926	authority may extend any such period for a maximum of 12 additional months unless
927	927	waived after 6 months under par. (c). The waiver under par. (c) may be exercised for
928	928	an employee in a supervisory position only if the employee has successfully
929	929	completed a supervisory development program under s. 230.046 (2). However,
930	930	persons who transfer or are reinstated to supervisory or management positions
931	931	consistent with conditions under sub. (4) and who had previously obtained
932	932	permanent status in class in a supervisory or management position prior to the
933	933	transfer or reinstatement shall serve a probationary period in accordance with sub.
934	934	(4).
935	935	SECTION 64. 230.28 (1) (c) of the statutes is amended to read:
936	936	230.28 (1) (c) Upon request by the appointing authority, the director may waive
937	937	any portion of a the lengthened probationary period but in no case before a one-year
938	938	6-month probationary period has been served.
939	939	SECTION 65. 230.28 (6) of the statutes is created to read:
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964	964	MIM:cdc
965	965	SECTION 65 ASSEMBLY BILL 909
966	966	230.28 (6) A person with a right of restoration resulting from layoff under s.
967	967	230.34 (2) who competes for promotion to a position under s. 230.19 (3) and is
968	968	appointed shall serve a probationary period under sub. (1). If the appointing
969	969	authority terminates the employee during the probationary period, the person shall
970	970	return to his or her former layoff status.
971	971	SECTION 66. 230.31 (1) (intro.) of the statutes is amended to read:
972	972	230.31 (1) (intro.) Any person who has held a position and obtained permanent
973	973	status in a class under the civil service law and rules and who has separated from
974	974	the service before July 1, 2016, without any delinquency or misconduct on his or her
975	975	part but owing to reasons of economy or otherwise shall be granted the following
976	976	considerations:
977	977	SECTION 67. 230.31 (2) of the statutes is created to read:
978	978	230.31 (2) The administrator may also provide for the reinstatement of persons
979	979	who have served in seasonal and sessional employment and for persons who separate
980	980	from a position while serving a probationary period.
981	981	SECTION 68. 230.31 (3) of the statutes is repealed.
982	982	SECTION 69. 230.32 (4) of the statutes is amended to read:
983	983	230.32 (4) Any person appointed to fill the position of an employee on such
984	984	military or civilian leave shall be designated as a substitute or replacement employee
985	985	and upon the return and reemployment of the original employee the substitute
986	986	employee shall be transferred to a similar position with the same employing agency
987	987	if one is available, or if not, he or she shall be eligible for reinstatement or have the
988	988	right of restoration in accordance with this subchapter and the rules of the director.
989	989	The status of any person who is appointed to fill the place of an employee on military
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1015	1015	MIM:cdc
1016	1016	SECTION 69
1017	1017	ASSEMBLY BILL 909
1018	1018	or civilian leave under this section shall be governed by the rules of the director
1019	1019	pursuant thereto.
1020	1020	SECTION 70. 230.34 (1) (a) (intro.) of the statutes is renumbered 230.34 (1) (a)
1021	1021	and amended to read:
1022	1022	230.34 (1) (a) An employee with permanent status in class or an employee who
1023	1023	has served with the state as an assistant district attorney or an assistant state public
1024	1024	defender for a continuous period of 12 months or more may be removed, suspended
1025	1025	without pay, discharged, reduced in base pay, or demoted only for just cause. It is just
1026	1026	cause to remove, suspend without pay, discharge, reduce the base pay of, or demote
1027	1027	an employee for work performance or personal conduct that is inadequate,
1028	1028	unsuitable, or inferior, as determined by the appointing authority, but only after
1029	1029	imposing progressive discipline that complies with the administrator's standards
1030	1030	under s. 230.04 (13m). It is just cause to remove, suspend without pay, discharge,
1031	1031	reduce the base pay of, or demote an employee without imposing progressive
1032	1032	discipline for any of the following conduct:
1033	1033	SECTION 71. 230.34 (1) (a) 1. to 9. of the statutes are repealed.
1034	1034	SECTION 72. 230.34 (1) (am) of the statutes is amended to read:
1035	1035	230.34 (1) (am) If an employee fails to report for work as scheduled or to contact
1036	1036	his or her supervisor, the appointing authority may discipline the employee. If an
1037	1037	employee fails to report for work as scheduled, or to contact his or her supervisor for
1038	1038	a minimum of 3 5 consecutive working days during a calendar year, the appointing
1039	1039	authority shall consider the employee's position abandoned and may discipline the
1040	1040	employee or treat the employee as having resigned his or her position. If the
1041	1041	appointing authority decides to treat the position abandonment as a resignation, the
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1067	1067	SECTION 72 ASSEMBLY BILL 909
1068	1068	appointing authority shall notify the employee in writing that the employee is being
1069	1069	treated as having effectively resigned as of the end of the last day worked.
1070	1070	SECTION 73. 230.34 (2) (intro.) of the statutes is amended to read:
1071	1071	230.34 (2) (intro.) Employees with permanent status in class in permanent,
1072	1072	sessional and seasonal positions in the classified service and employees serving a
1073	1073	probationary period in such positions after promotion or transfer may be laid off
1074	1074	because of a reduction in force due to a stoppage or lack of work or funds or owing to
1075	1075	material changes in duties or organization but only after all original appointment
1076	1076	probationary and limited term employees in the classes used for layoff, are
1077	1077	terminated.
1078	1078	SECTION 74. 230.34 (2) (a) of the statutes is repealed and recreated to read:
1079	1079	230.34 (2) (a) The order of layoff of such employees may be determined by
1080	1080	seniority or performance or a combination thereof or by other factors.
1081	1081	SECTION 75. 230.34 (2) (b) of the statutes is repealed and recreated to read:
1082	1082	230.34 (2) (b) The director shall promulgate rules governing layoffs and
1083	1083	appeals therefrom and alternative procedures in lieu of layoff to include voluntary
1084	1084	and involuntary demotion and the exercise of a displacing right to a comparable or
1085	1085	lower class, as well as the subsequent employee right of restoration or eligibility for
1086	1086	reinstatement.
1087	1087	SECTION 76. 230.35 (3) (d) of the statutes is amended to read:
1088	1088	230.35 (3) (d) Employees of the state are entitled to reasonable paid leaves of
1089	1089	absence to compete in promotional evaluations examinations and interviews. The
1090	1090	administrator shall promulgate rules governing the lengths of time allowable for
1091	1091	such leaves, their frequency and the provisions for their use.
1092	1092	SECTION 77. 230.37 (1) of the statutes is amended to read:
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1120	1120	SECTION 77
1121	1121	ASSEMBLY BILL 909
1122	1122	230.37 (1) In cooperation with appointing authorities the administrator shall
1123	1123	establish an employee performance evaluation program to provide a continuing
1124	1124	record of employee development and, when applicable, to serve as a basis for
1125	1125	pertinent personnel actions. Under the employee performance evaluation program
1126	1126	established under this subsection, the administrator shall require each appointing
1127	1127	authority to conduct at least an annual performance evaluation of each employee
1128	1128	appointed by the appointing authority. Similar evaluations shall be conducted
1129	1129	during the probationary period but may not infringe upon the authority of the
1130	1130	appointing authority to retain or dismiss employees during the probationary period.
1131	1131	SECTION 78. 230.40 (3) of the statutes is created to read:
1132	1132	230.40 (3) A person who separates from the classified service to fill an elective
1133	1133	position shall have reinstatement privileges for 5 years following termination from
1134	1134	the classified service or for one year following termination from the elective position,
1135	1135	whichever is longer.
1136	1136	SECTION 79. 230.43 (1) (title) of the statutes is amended to read:
1137	1137	230.43 (1) (title) HIRING PROCESS; OBSTRUCTION OBSTRUCTION OR FALSIFICATIONS
1138	1138	OF EXAMINATIONS .
1139	1139	SECTION 80. 230.43 (1) (am) of the statutes is amended to read:
1140	1140	230.43 (1) (am) Willfully defeats, deceives or obstructs any person in respect
1141	1141	of the rights of application examination or registration under this subchapter or any
1142	1142	rules prescribed pursuant thereto.
1143	1143	SECTION 81. 230.43 (1) (b) of the statutes is amended to read:
1144	1144	230.43 (1) (b) Willfully or corruptly, falsely marks, grades, estimates, or reports
1145	1145	upon an application or resume examination, or proper standing of any person
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1171	1171	SECTION 81 ASSEMBLY BILL 909
1172	1172	evaluated examined, registered, or certified, pursuant to this subchapter, or aids in
1173	1173	so doing.
1174	1174	SECTION 82. 230.43 (1) (c) of the statutes is amended to read:
1175	1175	230.43 (1) (c) Willfully or corruptly makes any false representations concerning
1176	1176	the same, or concerning an applicant the person examined.
1177	1177	SECTION 83. 230.43 (1) (d) of the statutes is amended to read:
1178	1178	230.43 (1) (d) Willfully or corruptly furnishes any person any special or secret
1179	1179	information for the purpose of either improving or injuring the prospects or chances
1180	1180	of any persons so evaluated examined, registered, or certified, being appointed,
1181	1181	employed, or promoted.
1182	1182	SECTION 84. 230.43 (1) (e) of the statutes is amended to read:
1183	1183	230.43 (1) (e) Personates any other person, or permits or aids in any manner
1184	1184	any other person to personate him or her in connection with any examination,
1185	1185	registration, application, or request to be evaluated examined or registered.
1186	1186	SECTION 85. 230.43 (5) of the statutes is amended to read:
1187	1187	230.43 (5) TAXPAYERS' SUITS. The right of any taxpayer to bring any action to
1188	1188	restrain the payment of compensation to any person appointed to or holding any
1189	1189	office or place of employment in violation of this subchapter shall not be limited or
1190	1190	denied by reason of the fact that the office or place of employment has been classified
1191	1191	as, or determined to be, not subject to a competitive hiring process examination;
1192	1192	however, any judgment or injunction in any such action shall be prospective only, and
1193	1193	shall not affect payments already made or due to such persons by the proper
1194	1194	disbursing officers, in accordance with the rules of the administrator in force at the
1195	1195	time of such payments.
1196	1196	SECTION 86. 230.44 (1) (c) of the statutes is amended to read:
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1224	1224	SECTION 86
1225	1225	ASSEMBLY BILL 909
1226	1226	230.44 (1) (c) Demotion, layoff, suspension or discharge. If an employee has
1227	1227	permanent status in class, or an employee has served with the state as an assistant
1228	1228	district attorney or an assistant state public defender for a continuous period of 12
1229	1229	months or more, the employee may appeal a demotion, layoff, suspension, discharge
1230	1230	or reduction in base pay to the commission as the final step in the state employee
1231	1231	grievance process procedure established under s. 230.445 230.04 (14), if the appeal
1232	1232	alleges that the decision was not based on just cause.
1233	1233	SECTION 87. 230.44 (1) (e) of the statutes is amended to read:
1234	1234	230.44 (1) (e) Discretionary performance awards. This subsection does not
1235	1235	apply to decisions of an appointing authority relating to discretionary performance
1236	1236	awards under s. 230.12 (5) or under the discretionary merit award program
1237	1237	established under s. 230.04 (19), including the evaluation methodology and results
1238	1238	used to determine the award or the amount awarded.
1239	1239	SECTION 88. 230.445 of the statutes is repealed.
1240	1240	SECTION 89. 321.65 (3) (g) of the statutes is amended to read:
1241	1241	321.65 (3) (g) Veterans preferences. The right of a person to reemployment
1242	1242	under this subsection does not entitle the person to retention, preference, or
1243	1243	displacement rights over any person who has a superior claim under s. 45.03 (4),
1244	1244	62.13 (4) (d), 63.08 (1) (f) or (fm), 63.37, 63.39 (2m), 66.0509 (1), 230.15 (2m), 230.16
1245	1245	(7) or (7m), 230.21 (1m), 230.25, or 230.275.
1246	1246	SECTION 90. 323.2915 (1) and (2) of the statutes are amended to read:
1247	1247	323.2915 (1) Notwithstanding s. 230.445 (2) and (3), 2021 stats., an employee
1248	1248	does not waive his or her right to appeal an adverse employment decision if the
1249	1249	employee does not timely file the complaint or appeal during the public health
1250	1250	emergency declared on March 12, 2020, by executive order 72. The tolling period
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1277	1277	SECTION 90 ASSEMBLY BILL 909
1278	1278	under s. 230.445 (3) (a) 1., 2021 stats., begins 14 days after the termination of such
1279	1279	public health emergency.
1280	1280	(2) Notwithstanding s. 230.445 (3) (a) 2., 2021 stats., an appointing authority
1281	1281	or his or her designee is not required to meet with a complainant in person during
1282	1282	the public health emergency declared on March 12, 2020, by executive order 72, when
1283	1283	conducting an investigation under s. 230.445 (3) (a) 2., 2021 stats.
1284	1284	SECTION 91.0Initial applicability.
1285	1285	(1) HIRING PREFERENCES FOR VETERANS. The treatment of ss. 63.08 (1) (fm) and
1286	1286	230.25 (1g) and (1m) first applies to a position that is posted on the effective date of
1287	1287	this subsection.
1288	1288	(2) PROBATIONARY PERIODS. The treatment of s. 230.28 (1) (a), (am), and (c) first
1289	1289	applies to a probationary period that begins on the effective date of this subsection.
1290	1290	(3) STANDARDS FOR ADVERSE EMPLOYMENT ACTIONS. The treatment of s. 230.34 (1)
1291	1291	(a) (intro.) and (am) first applies to employee discipline for conduct that occurs on the
1292	1292	effective date of this subsection.
1293	1293	(4) GRIEVANCE PROCEDURES. The treatment of s. 230.44 (1) (c) first applies to an
1294	1294	action taken against an employee on the effective date of this subsection.
1295	1295	(5) REINSTATEMENT PRIVILEGES, SEPARATION FROM CLASSIFIED SERVICE. The
1296	1296	treatment of s. 230.40 (3) first applies to a person who separates from the classified
1297	1297	service on the effective date of this subsection.
1298	1298	(END)
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