Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB565 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 SENATE BILL 565
5	5	October 23, 2023 - Introduced by Senators LARSON, AGARD, HESSELBEIN and
6	6	SPREITZER, cosponsored by Representatives CABRERA, SINICKI, BALDEH, JOERS,
7	7	OHNSTAD, PALMERI and SHANKLAND. Referred to Committee on Labor,
8	8	Regulatory Reform, Veterans and Military Affairs.
9	9	AN ACT to repeal 20.865 (1) (dm), 20.928 (1f), 230.01 (2) (bm), 230.01 (2) (bp),
10	10	230.04 (13m), 230.04 (19), 230.05 (10), 230.06 (1) (m), 230.06 (4), 230.13 (3) (c),
11	11	230.15 (6), 230.15 (7), 230.16 (1) (ap), 230.25 (2) (am), 230.31 (3), 230.34 (1) (a)
12	12	1. to 9. and 230.445; to renumber and amend 63.08 (1) (fm) and 230.34 (1) (a)
13	13	(intro.); to amend 62.13 (4) (d), 63.08 (1) (f) 1., 63.08 (1) (f) 2., 63.08 (1) (f) 3.,
14	14	63.37, 63.39 (2m), 66.0509 (1), 230.04 (14), 230.046 (2), 230.05 (7), 230.08 (2) (c),
15	15	230.12 (1) (h), 230.13 (1) (a), 230.13 (3) (b), 230.15 (1), 230.15 (1m) (c) 1., 230.16
16	16	(title), 230.16 (1) (a), 230.16 (2), 230.16 (3), 230.16 (4), 230.16 (5), 230.16 (6),
17	17	230.16 (7m) (b) 4., 230.16 (10), 230.16 (11), 230.17 (1), 230.17 (2), 230.18, 230.21
18	18	(1), 230.21 (2), 230.21 (3), 230.213, 230.24 (1), 230.25 (1), 230.25 (2) (a), 230.25
19	19	(2) (b), 230.25 (3) (a), 230.26 (2), 230.26 (4), 230.28 (1) (a), 230.28 (1) (am), 230.28
20	20	(1) (c), 230.31 (1) (intro.), 230.32 (4), 230.34 (1) (am), 230.34 (2) (intro.), 230.35
21	21	(3) (d), 230.37 (1), 230.43 (1) (title), 230.43 (1) (am), 230.43 (1) (b), 230.43 (1) (c),
22	22	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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38	38	SENATE BILL 565
39	39	(g) and 323.2915 (1) and (2); to repeal and recreate 230.19, 230.24 (2), 230.25
40	40	(1g), 230.25 (1m), 230.34 (2) (a) and 230.34 (2) (b); and to create 230.16 (7m)
41	41	(c), 230.16 (9), 230.28 (6), 230.31 (2) and 230.40 (3) of the statutes; relating to:
42	42	the state civil service system.
43	43	Analysis by the Legislative Reference Bureau
44	44	This bill makes numerous changes to the state civil service system, including
45	45	all of the following:
46	46	The hiring process
47	47	1. The bill replaces competitive procedures with competitive examinations.
48	48	Under the bill, appointments to and promotions in the classified service must be
49	49	made according to merit and fitness, which must be ascertained by competitive
50	50	examinations.
51	51	2. The bill provides a preference system for veterans under which veterans and
52	52	qualifying spouses of veterans receive preference points, which are applied during
53	53	the process of creating a certification list for a position. Under current law, if a
54	54	veteran or qualifying spouse of a veteran is included on a certification list, the
55	55	appointing authority must offer an interview to the veteran or spouse of a veteran.
56	56	3. Under current law, before making an offer of employment to an individual
57	57	who currently holds a position in the civil service, an appointing authority must
58	58	review the individual's personnel file. The bill repeals that requirement.
59	59	4. The bill changes the general deadline for making appointments from 30 days
60	60	after certification to 60 days after certification. The bill also requires the director of
61	61	the Bureau of Merit Recruitment and Selection to use procedures designed to certify
62	62	applicants for a vacant permanent position within 45 days of receiving a request from
63	63	an appointing authority, rather than within 30 days under current law.
64	64	Probation, reinstatement, restoration, and layoffs
65	65	1. The bill changes the standard probationary period for all original and
66	66	promotional appointments to permanent and seasonal positions in the classified
67	67	service from one year to six months. The bill also changes the probationary period
68	68	for employees in supervisory or management positions from one year to one year with
69	69	a potential waiver after six months.
70	70	2. The bill allows permanent classified service employees who leave the
71	71	classified service without any delinquency or misconduct to have reinstatement
72	72	privileges for a five-year period from the date the employee leaves the classified
73	73	service. Under current law, there are no reinstatement privileges for permanent
74	74	classified service employees who leave the classified service without any delinquency
75	75	or misconduct for reasons other than layoff. The bill also provides reinstatement
76	76	privileges for an employee who leaves the classified service to fill an elective position,
77	77	which is not allowed under current law.
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84	84	SENATE BILL 565
85	85	3. The bill provides to a permanent employee in the classified service who is on
86	86	layoff status restoration rights for the three-year period following the layoff.
87	87	4. The bill allows appointing authorities to determine the order of layoff by
88	88	seniority, performance, any combination of seniority and performance, or other
89	89	factors. Under current law, appointing authorities are required to determine layoff
90	90	status primarily based on job performance.
91	91	Just cause and discipline
92	92	1. The bill allows an employer to remove, suspend without pay, discharge,
93	93	reduce the base pay of, or demote (take an adverse employment action against) a
94	94	permanent classified employee and certain assistant district attorneys and assistant
95	95	state public defenders only for just cause. The bill eliminates the provision that an
96	96	employer has just cause to take an adverse employment action against an employee
97	97	for work performance or personal conduct that an appointing authority determines
98	98	to be inadequate, unsuitable, or inferior, but only after the appointing authority
99	99	imposes progressive discipline that complies with standards established by the
100	100	administrator of the Division of Personnel Management. The bill also eliminates the
101	101	provision that an employer has just cause to take an adverse employment action
102	102	against an employee without imposing progressive discipline for specific conduct.
103	103	2. The bill changes the threshold for considering an employee's position
104	104	abandoned and disciplining the employee for failing to report for work as scheduled
105	105	without contacting a supervisor from three working days during a calendar year to
106	106	five consecutive working days in a calendar year.
107	107	For further information see the state fiscal estimate, which will be printed as
108	108	an appendix to this bill.
109	109	The people of the state of Wisconsin, represented in senate and assembly, do
110	110	enact as follows:
111	111	SECTION 1. 20.865 (1) (dm) of the statutes is repealed.
112	112	SECTION 2. 20.928 (1f) of the statutes is repealed.
113	113	SECTION 3. 62.13 (4) (d) of the statutes is amended to read:
114	114	62.13 (4) (d) The examination shall be free for all U.S. citizens over 18 and
115	115	under 55 years of age, with proper limitations as to health and, subject to ss. 111.321,
116	116	111.322, and 111.335, arrest and conviction record. The examination, including
117	117	minimum training and experience requirements, shall be job-related in compliance
118	118	with appropriate validation standards and shall be subject to the approval of the
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128	128	SECTION 3 SENATE BILL 565
129	129	board and may include tests of manual skill and physical strength. All relevant
130	130	experience, whether paid or unpaid, shall satisfy experience requirements. The
131	131	board shall control examinations and may designate and change examiners, who
132	132	may or may not be otherwise in the official service of the city, and whose
133	133	compensation shall be fixed by the board and paid by the city. Veterans and their
134	134	spouses shall be given preference points in accordance with s. 63.08 (1) (fm) 230.16
135	135	(7).
136	136	SECTION 4. 63.08 (1) (f) 1. of the statutes is amended to read:
137	137	63.08 (1) (f) 1. The commission may not impose any restriction as to age on any
138	138	veteran who is applying or eligible for a position under this section. The commission
139	139	shall give preference points to veterans and their spouses under par. (fm) s. 230.16
140	140	(7), except as provided under subd. 2.
141	141	SECTION 5. 63.08 (1) (f) 2. of the statutes is amended to read:
142	142	63.08 (1) (f) 2. Notwithstanding par. (fm) s. 230.16 (7), persons shall be certified
143	143	from the eligible list under s. 63.05 (1) (b) without adding any preference points to
144	144	any person's grade.
145	145	SECTION 6. 63.08 (1) (f) 3. of the statutes is amended to read:
146	146	63.08 (1) (f) 3. After the certification under subd. 2., any veteran or veteran's
147	147	spouse whose grade, plus the points to which the veteran or spouse is entitled under
148	148	par. (fm) s. 230.16 (7), is equal to or higher than the lowest grade on the list made
149	149	under subd. 2. shall be added to the certification list under s. 63.05 (1) (b). The
150	150	number of persons added to a certification list under this subdivision may not exceed
151	151	the number of persons initially certified under subd. 2.
152	152	SECTION 7. 63.08 (1) (fm) of the statutes is renumbered 230.16 (7), and 230.16
153	153	(7) (a) (intro.) and (b), as renumbered, are amended to read:
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181	181	SECTION 7
182	182	SENATE BILL 565
183	183	230.16 (7) (a) (intro.) A preference shall be given to those veterans and to those
184	184	spouses of veterans specified in subd. subds. 1. a. to f. to 6. who gain eligibility on
185	185	any competitive employment register and who do not currently hold a permanent
186	186	appointment or have mandatory restoration rights to a permanent appointment to
187	187	any position. A preference means the following:
188	188	(b) An applicant who is certified for a position after receiving a preference
189	189	under subd. 1. d., e., or f. par. (a) 4., 5., or 6. and who is appointed to that position may
190	190	not obtain a preference under subd. 1. d., e., or f. par. (a) 4., 5., or 6. for any other civil
191	191	service position for which the applicant subsequently applies.
192	192	SECTION 8. 63.37 of the statutes is amended to read:
193	193	63.37 Board to keep a register of eligibles. From the returns or reports of
194	194	the examiners, or from the examinations made by the board, the board shall prepare
195	195	and keep a register for each grade or class of position in the service of such city, of
196	196	the persons whose general average standing upon examinations for such grade or
197	197	class is not less than the minimum fixed by the rules of such board, and who are
198	198	otherwise eligible, and such persons shall take rank upon the register as candidates
199	199	in the order of their relative excellence as determined by examination without
200	200	reference to priority of time of examination. The board shall impose no restrictions
201	201	as to age in case of veterans, and veterans and their spouses shall be given preference
202	202	points in accordance with s. 63.08 (1) (fm) 230.16 (7).
203	203	SECTION 9. 63.39 (2m) of the statutes is amended to read:
204	204	63.39 (2m) Notwithstanding s. 63.08 (1) (fm) 230.16 (7), the board shall certify
205	205	persons from the list of eligibles without adding preference points to their grades.
206	206	After the certification under sub. (1) or (2), the board shall add to the certification list
207	207	any veteran or veteran's spouse whose grade, plus the points to which the veteran
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234	234	SECTION 9 SENATE BILL 565
235	235	or spouse is entitled under s. 63.08 (1) (fm) 230.16 (7), is equal to or higher than the
236	236	lowest grade on the list of eligibles.
237	237	SECTION 10. 66.0509 (1) of the statutes is amended to read:
238	238	66.0509 (1) Any city or village may proceed under s. 61.34 (1), 62.11 (5) or
239	239	66.0101 to establish a civil service system of selection, tenure and status, and the
240	240	system may be made applicable to all municipal personnel except the chief executive
241	241	and members of the governing body, members of boards and commissions including
242	242	election officials, employees subject to s. 62.13, members of the judiciary and
243	243	supervisors. Any town may establish a civil service system under this subsection.
244	244	For veterans there shall be no restrictions as to age, and veterans and their spouses
245	245	shall be given preference points in accordance with s. 63.08 (1) (fm) 230.16 (7). The
246	246	system may also include uniform provisions in respect to attendance, leave
247	247	regulations, compensation and payrolls for all personnel included in the system. The
248	248	governing body of any city, village or town establishing a civil service system under
249	249	this section may exempt from the system the librarians and assistants subject to s.
250	250	43.09 (1).
251	251	SECTION 11. 230.01 (2) (bm) of the statutes is repealed.
252	252	SECTION 12. 230.01 (2) (bp) of the statutes is repealed.
253	253	SECTION 13. 230.04 (13m) of the statutes is repealed.
254	254	SECTION 14. 230.04 (14) of the statutes is amended to read:
255	255	230.04 (14) Except as provided in s. 230.445, the The administrator shall
256	256	establish, by rule, the scope and minimum requirements of a state employee
257	257	grievance procedure relating to conditions of employment.
258	258	SECTION 15. 230.04 (19) of the statutes is repealed.
259	259	SECTION 16. 230.046 (2) of the statutes is amended to read:
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287	287	SECTION 16
288	288	SENATE BILL 565
289	289	230.046 (2) SUPERVISORY TRAINING. After initial appointment to a supervisory
290	290	position, each appointing authority shall ensure that each classified service
291	291	supervisor successfully completes a supervisory development program. A waiver of
292	292	any part of the probationary period under s. 230.28 (1) (c) may not be granted before
293	293	completion of the development program. The program shall include such subjects
294	294	as state personnel policies, grievance handling, discipline, performance evaluation,
295	295	understanding the concerns of state employees with children, the supervisor's role
296	296	in management and the concept of the total quality leadership process, including
297	297	quality improvement through participatory management.
298	298	SECTION 17. 230.05 (7) of the statutes is amended to read:
299	299	230.05 (7) The director shall use techniques and procedures designed to certify
300	300	eligible applicants to any vacant permanent position within 30 45 days after the
301	301	filing of an appropriate request by an appointing authority.
302	302	SECTION 18. 230.05 (10) of the statutes is repealed.
303	303	SECTION 19. 230.06 (1) (m) of the statutes is repealed.
304	304	SECTION 20. 230.06 (4) of the statutes is repealed.
305	305	SECTION 21. 230.08 (2) (c) of the statutes is amended to read:
306	306	230.08 (2) (c) The director, associate director, and state historian of the
307	307	historical society; and, with the approval of the board of curators and the
308	308	administrator, such number of specialists as are required by the society for specific
309	309	research, writing, collecting, or editing projects which for a limited period of time not
310	310	to exceed 2 years, renewable at the discretion of the board of curators and the
311	311	administrator for an additional 2-year period, require persons with particular
312	312	training or experience in a specialized phase or field of history, historical research,
313	313	writing, collecting, or editing, and any persons whose entire salary is paid from funds
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340	340	SECTION 21 SENATE BILL 565
341	341	reappropriated to the society by s. 20.245 (1) (r) where a competitive process
342	342	examination is impractical.
343	343	SECTION 22. 230.12 (1) (h) of the statutes is amended to read:
344	344	230.12 (1) (h) Other pay, benefits, and working conditions. The compensation
345	345	plan may include other provisions relating to pay, benefits, and working conditions
346	346	that shall supersede the provisions of the civil service and other applicable statutes
347	347	and rules promulgated by the director and the administrator.
348	348	SECTION 23. 230.13 (1) (a) of the statutes is amended to read:
349	349	230.13 (1) (a) Evaluations Examination scores and ranks and other
350	350	evaluations of applicants, including any examination scores and rankings.
351	351	SECTION 24. 230.13 (3) (b) of the statutes is amended to read:
352	352	230.13 (3) (b) The administrator director and the director administrator may
353	353	provide any agency with personnel information relating to the hiring and
354	354	recruitment process, including specifically examination scores and ranks and other
355	355	evaluations of applicants.
356	356	SECTION 25. 230.13 (3) (c) of the statutes is repealed.
357	357	SECTION 26. 230.15 (1) of the statutes is amended to read:
358	358	230.15 (1) Subject to the restriction under s. 230.143, appointments to, and
359	359	promotions in, the classified service shall be made only according to merit and
360	360	fitness, which shall be ascertained so far as practicable by competitive procedures
361	361	examinations. The director may waive competitive procedures examinations for
362	362	appointments made under subs. (1m) and (2) and shall waive competitive procedures
363	363	examinations for appointments made under sub. (2m).
364	364	SECTION 27. 230.15 (1m) (c) 1. of the statutes is amended to read:
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391	391	SECTION 27
392	392	SENATE BILL 565
393	393	230.15 (1m) (c) 1. Whenever a position is included in the classified service
394	394	under par. (a), the director may waive the requirement for competitive procedures
395	395	examinations under sub. (1) with respect to the position and certify the incumbent
396	396	employee for appointment to the position in accordance with subd. 2.
397	397	SECTION 28. 230.15 (6) of the statutes is repealed.
398	398	SECTION 29. 230.15 (7) of the statutes is repealed.
399	399	SECTION 30. 230.16 (title) of the statutes is amended to read:
400	400	230.16 (title) Applications and selection processes examinations.
401	401	SECTION 31. 230.16 (1) (a) of the statutes is amended to read:
402	402	230.16 (1) (a) The director shall require persons applying for a position in the
403	403	classified service admission to any examination under this subchapter or under the
404	404	rules of the director to file an application and resume with the bureau a reasonable
405	405	time prior to the proposed examination.
406	406	SECTION 32. 230.16 (1) (ap) of the statutes is repealed.
407	407	SECTION 33. 230.16 (2) of the statutes is amended to read:
408	408	230.16 (2) The selection process for a position in the civil service Competitive
409	409	examinations shall be free and open to all applicants who have fulfilled the
410	410	preliminary requirements stated in the position examination announcement. To
411	411	assure that all applicants have a fair opportunity to compete, competitive procedures
412	412	examinations shall be scheduled in a manner that most nearly meet the convenience
413	413	of applicants and needs of the service, as determined by the director.
414	414	SECTION 34. 230.16 (3) of the statutes is amended to read:
415	415	230.16 (3) The director may appoint boards of evaluators examiners of at least
416	416	2 persons, one of which is selected by the bureau and one of which is a representative
417	417	of the appointing authority, for the purpose of conducting oral evaluations
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444	444	SECTION 34 SENATE BILL 565
445	445	examinations as a part of the hiring examination procedure for certain positions. All
446	446	evaluators board members shall be well-qualified and impartial. All questions
447	447	asked and answers made in any oral evaluation examination of applicants shall be
448	448	recorded and made a part of the applicant's records.
449	449	SECTION 35. 230.16 (4) of the statutes is amended to read:
450	450	230.16 (4) All selection criteria examinations, including minimum training
451	451	and experience requirements, for positions in the classified service shall be
452	452	job-related in compliance with appropriate validation standards and shall be subject
453	453	to the approval of the director. All relevant experience, whether paid or unpaid, shall
454	454	satisfy experience requirements.
455	455	SECTION 36. 230.16 (5) of the statutes is amended to read:
456	456	230.16 (5) In the interest of sound personnel management, consideration of
457	457	applicants, and service to agencies, the director may set a standard for proceeding
458	458	to subsequent steps in the selection process an examination, provided that all
459	459	applicants are fairly treated and due notice has been given. The standard may be
460	460	at or above the passing point set by the director for any portion of the examination.
461	461	The director shall utilize appropriate scientific techniques and procedures in
462	462	administering the selection process, in rating the results of any evaluations used in
463	463	the selection process examinations, and in determining the relative ratings of the
464	464	competitors.
465	465	SECTION 37. 230.16 (6) of the statutes is amended to read:
466	466	230.16 (6) If any applicant is unable to complete an evaluation that is used in
467	467	the selection process the examination in the form presented to the applicant due to
468	468	a disability, the bureau shall provide necessary accommodations to ensure equality
469	469	of opportunity in the selection process examination.
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497	497	SECTION 38
498	498	SENATE BILL 565
499	499	SECTION 38. 230.16 (7m) (b) 4. of the statutes is amended to read:
500	500	230.16 (7m) (b) 4. The appointing authority has not extended interviews
501	501	examination for the position or filled the position at the time the application is
502	502	received is a written, nonessay examination that is scored by a machine.
503	503	SECTION 39. 230.16 (7m) (c) of the statutes is created to read:
504	504	230.16 (7m) (c) Within 30 days after acceptance of an application under par.
505	505	(b), the administrator shall give the applicant an examination.
506	506	SECTION 40. 230.16 (9) of the statutes is created to read:
507	507	230.16 (9) The officials in control of state, municipal, and county buildings,
508	508	upon requisition by the administrator, shall furnish without charge adequate rooms
509	509	and building services for the administration of examinations.
510	510	SECTION 41. 230.16 (10) of the statutes is amended to read:
511	511	230.16 (10) Every reasonable precaution shall be taken to prevent any
512	512	unauthorized person from gaining any knowledge of the nature or content of
513	513	competitive procedures in the selection process the examination that is not available
514	514	to every applicant.
515	515	SECTION 42. 230.16 (11) of the statutes is amended to read:
516	516	230.16 (11) Records of applicants examinations shall be retained for at least
517	517	one year. Inspection of such records shall be regulated by rules of the director.
518	518	SECTION 43. 230.17 (1) of the statutes is amended to read:
519	519	230.17 (1) The director shall provide by rule, the conditions, not otherwise
520	520	provided by law, under which an eligible applicant may be refused examination or
521	521	reexamination, or an eligible refused certification. These conditions shall be based
522	522	on sufficient reason and shall reflect sound technical personnel management
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546	546	24 - 12 -2023 - 2024 Legislature LRB-4312/1
547	547	MIM:cdc
548	548	SECTION 43 SENATE BILL 565
549	549	practices and those standards of conduct, deportment, and character necessary and
550	550	demanded to the orderly, efficient, and just operation of the state service.
551	551	SECTION 44. 230.17 (2) of the statutes is amended to read:
552	552	230.17 (2) If the director refuses to examine an applicant, or after examination
553	553	to certify an eligible, as provided in this section, the director, if requested by the
554	554	applicant so rejected within 10 days of the date of receipt of the notice of rejection,
555	555	shall give the applicant a full and explicit statement of the exact cause of such refusal
556	556	to examine or certify. Applicants may appeal to the commission the decision of the
557	557	director to refuse to examine or certify under s. 230.44 (1) (a). Upon request of an
558	558	applicant or an eligible for a civil service position who has a disability, the
559	559	department of health services shall obtain from the director a detailed description
560	560	of all duties entailed by such position and shall determine and report its findings to
561	561	the director, as to the ability of the applicant, or eligible, to perform the duties of such
562	562	position. Such findings shall be conclusive as to the qualifications of any applicant,
563	563	or eligible, so examined. A notice of rejection shall notify an applicant or eligible of
564	564	his or her rights under this subsection.
565	565	SECTION 45. 230.18 of the statutes is amended to read:
566	566	230.18 Discrimination prohibited. No question in any form of application
567	567	or in any evaluation used in the hiring process examination may be so framed as to
568	568	elicit information concerning the partisan political or religious opinions or
569	569	affiliations of any applicant nor may any inquiry be made concerning such opinions
570	570	or affiliations and all disclosures thereof shall be discountenanced except that the
571	571	director may evaluate the competence and impartiality of applicants for positions
572	572	such as clinical chaplain in a state institutional program. No discriminations may
573	573	be exercised in the recruitment, application, examination, or hiring process against
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598	598	25 - 13 -2023 - 2024 Legislature
599	599	LRB-4312/1
600	600	MIM:cdc
601	601	SECTION 45
602	602	SENATE BILL 565
603	603	or in favor of any person because of the person's political or religious opinions or
604	604	affiliations or because of age, sex, disability, race, color, sexual orientation, national
605	605	origin, or ancestry except as otherwise provided.
606	606	SECTION 46. 230.19 of the statutes is repealed and recreated to read:
607	607	230.19 Promotion. (1) The administrator shall provide employees with
608	608	reasonable opportunities for career advancement, within a classified service
609	609	structure designed to achieve and maintain a highly competent work force, with due
610	610	consideration given to affirmative action.
611	611	(2) If, in the judgment of the administrator, the group of applicants best able
612	612	to meet the requirements for vacancies in positions in the classified service are
613	613	available within the classified service, the vacancies shall be filled by competition
614	614	limited to persons in the classified service who are not employed under s. 230.26 or
615	615	230.27 and persons with the right of restoration resulting from layoff under s. 230.34
616	616	(2), unless it is necessary to go outside the classified service to be consistent with an
617	617	approved affirmative action plan or program. The administrator may also limit
618	618	competition for promotion to the employees of an agency or an employing unit within
619	619	an agency if the resulting group of applicants would fairly represent the proportion
620	620	of members of racial and ethnic, gender, or disabled groups in the relevant labor pool
621	621	for the state.
622	622	(3) A person with the right of restoration resulting from layoff under s. 230.34
623	623	(2) may compete only for a position under sub. (2) for which he or she could have
624	624	competed had the layoff not occurred.
625	625	SECTION 47. 230.21 (1) of the statutes is amended to read:
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649	649	MIM:cdc
650	650	SECTION 47 SENATE BILL 565
651	651	230.21 (1) Subject to s. 230.275, the director may, to meet the needs of the
652	652	service, establish separate recruitment, examination, and certification procedures
653	653	for filling positions in unskilled labor and service classes.
654	654	SECTION 48. 230.21 (2) of the statutes is amended to read:
655	655	230.21 (2) The director may designate classifications in which applicants are
656	656	in critically short supply and may develop such recruitment, examination, and
657	657	certification processes as will provide agencies with prompt certification when
658	658	qualified applicants can be found, provided that due notice has been given and proper
659	659	competitive standards have been maintained.
660	660	SECTION 49. 230.21 (3) of the statutes is amended to read:
661	661	230.21 (3) The director shall designate classifications in prison industries in
662	662	the department of corrections as critical positions requiring expeditious hiring and
663	663	shall develop such recruitment, examination, and certification processes as will
664	664	provide the department with prompt certification when qualified applicants can be
665	665	found, provided that due notice has been given and proper competitive standards
666	666	have been maintained.
667	667	SECTION 50. 230.213 of the statutes is amended to read:
668	668	230.213 Affirmative action procedures for corrections positions. The
669	669	director may, to meet affirmative action objectives, establish such recruitment,
670	670	examination, and certification procedures for positions in the department of
671	671	corrections as will enable the department of corrections to increase the number of
672	672	employees of a specified gender or a specified racial or ethnic group in those positions.
673	673	The director shall design the procedures to obtain a work force in the department of
674	674	corrections that reflects the relevant labor pool. The director may determine the
675	675	relevant labor pool from the population of the state or of a particular geographic area
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700	700	25 - 15 -2023 - 2024 Legislature
701	701	LRB-4312/1
702	702	MIM:cdc
703	703	SECTION 50
704	704	SENATE BILL 565
705	705	of the state, whichever is more appropriate for achieving the affirmative action
706	706	objective.
707	707	SECTION 51. 230.24 (1) of the statutes is amended to read:
708	708	230.24 (1) The administrator may by rule develop a career executive program
709	709	that emphasizes excellence in administrative skills in order to provide agencies with
710	710	a pool of highly qualified executive candidates, to provide outstanding
711	711	administrative employees a broad opportunity for career advancement, and to
712	712	provide for the mobility of such employees among the agencies and units of state
713	713	government for the most advantageous use of their managerial and administrative
714	714	skills. To accomplish the purpose of this program, the director may provide policies
715	715	and standards for recruitment, examination, probation, employment register
716	716	control, certification, transfer, promotion, and reemployment, and the director may
717	717	provide policies and standards for classification and salary administration, separate
718	718	from procedures established for other employment. The administrator shall
719	719	determine the positions which may be filled from career executive employment
720	720	registers.
721	721	SECTION 52. 230.24 (2) of the statutes is repealed and recreated to read:
722	722	230.24 (2) A vacancy in a career executive position may be filled through an
723	723	open competitive examination, a competitive promotional examination or by
724	724	restricting competition to employees in career executive positions in order to achieve
725	725	and maintain a highly competent work force in career executive positions, with due
726	726	consideration given to affirmative action. The appointing authority shall consider
727	727	the guidelines under s. 230.19 when deciding how to fill a vacancy under this
728	728	paragraph.
729	729	SECTION 53. 230.25 (1) of the statutes is amended to read:
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754	754	25 - 16 -2023 - 2024 Legislature LRB-4312/1
755	755	MIM:cdc
756	756	SECTION 53 SENATE BILL 565
757	757	230.25 (1) Appointing authorities shall give written notice to the director of any
758	758	vacancy to be filled in any position in the classified service. The director shall certify,
759	759	under this subchapter and the rules of the director, from the register of eligibles
760	760	appropriate for the kind and type of employment, the grade and class in which the
761	761	position is classified, any number of names at the head thereof. In determining the
762	762	number of names to certify, the director shall use statistical methods and personnel
763	763	management principles that are designed to maximize the number of certified names
764	764	that are appropriate for filling the specific position vacancy. Up to 2 persons
765	765	considered for appointment 3 times and not selected may be removed from the
766	766	register for each 3 appointments made. Certification under this subsection shall be
767	767	made before granting any preference under s. 230.16 (7).
768	768	SECTION 54. 230.25 (1g) of the statutes is repealed and recreated to read:
769	769	230.25 (1g) For every position to be filled by promotion from a promotional
770	770	register, the administrator shall, after certifying names under sub. (1), additionally
771	771	certify the name of the highest ranked disabled veteran whose disability is at least
772	772	70 percent.
773	773	SECTION 55. 230.25 (1m) of the statutes is repealed and recreated to read:
774	774	230.25 (1m) After certifying names under sub. (1), additional names shall be
775	775	certified in rank order of those who with the combination of veterans preference
776	776	points awarded under s. 230.16 (7) and examination score earn a total score equal
777	777	to or higher than the lowest score of those certified on the basis of examination only.
778	778	The number of veterans or spouses of veterans added to the list may not exceed the
779	779	number of names certified under sub. (1).
780	780	SECTION 56. 230.25 (2) (a) of the statutes is amended to read:
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804	804	24 - 17 -2023 - 2024 Legislature
805	805	LRB-4312/1
806	806	MIM:cdc
807	807	SECTION 56
808	808	SENATE BILL 565
809	809	230.25 (2) (a) When certifying names to appointing authorities under this
810	810	section, the director shall specify whether the certification includes qualifying
811	811	veterans or persons the hiring of whom would serve affirmative action purposes,
812	812	without divulging the names of those individuals. The director shall not disclose any
813	813	applicant's test score, with or without the addition of veterans preference points
814	814	under s. 230.16 (7), to the appointing authority.
815	815	SECTION 57. 230.25 (2) (am) of the statutes is repealed.
816	816	SECTION 58. 230.25 (2) (b) of the statutes is amended to read:
817	817	230.25 (2) (b) Unless otherwise provided in this subchapter or the rules of the
818	818	director, appointments shall be made by appointing authorities to all positions in the
819	819	classified service from among those certified to them in accordance with this section.
820	820	Appointments shall be made within 30 60 days after the date of certification unless
821	821	an exception is made by the director. If an appointing authority does not make an
822	822	appointment within 30 60 days after certification, he or she shall immediately report
823	823	in writing to the director the reasons therefor. If the director determines that the
824	824	failure to make an appointment is not justified under the merit system, the director
825	825	shall issue an order directing that an appointment be made.
826	826	SECTION 59. 230.25 (3) (a) of the statutes is amended to read:
827	827	230.25 (3) (a) Subject to par. (b), the term of eligibility on original entrance and
828	828	promotional registers is 6 months and thereafter the register expires but may be
829	829	reactivated by the administrator for up to 3 years from the date of the establishment
830	830	of the register. Except as provided in ss. 230.28 and 230.34, the eligibility of
831	831	individuals for reinstatement is 5 years and the eligibility of individuals for
832	832	restoration is 3 years.
833	833	SECTION 60. 230.26 (2) of the statutes is amended to read:
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859	859	MIM:cdc
860	860	SECTION 60 SENATE BILL 565
861	861	230.26 (2) If there are urgent reasons for filling a vacancy in any position in
862	862	the classified service and the director is unable to certify to the appointing authority,
863	863	upon requisition by the latter, a list of persons eligible for appointment from an
864	864	appropriate employment register, the appointing authority may nominate a person
865	865	to the director for noncompetitive examination. If the nominee is certified by the
866	866	director as qualified, the nominee may be appointed provisionally to fill the vacancy
867	867	until an appointment can be made from a register established after announcement
868	868	of competition for the position, except that no provisional appointment may be
869	869	continued for more than 45 working days after the date of certification from the
870	870	register. Successive appointments may not be made under this subsection. This
871	871	subsection does not apply to a person appointed to a vacant position in the classified
872	872	service under s. 230.275.
873	873	SECTION 61. 230.26 (4) of the statutes is amended to read:
874	874	230.26 (4) Fringe benefits specifically authorized by statutes, with the
875	875	exception of deferred compensation plan participation under subch. VII of ch. 40,
876	876	worker's compensation, unemployment insurance, group insurance, retirement, and
877	877	social security coverage, shall be denied employees hired under this section. Such
878	878	employees may not be considered permanent employees and do not qualify for
879	879	tenure, vacation, paid holidays, sick leave, performance awards, or the right to
880	880	compete in promotional processes examinations.
881	881	SECTION 62. 230.28 (1) (a) of the statutes is amended to read:
882	882	230.28 (1) (a) All original and all promotional appointments to permanent,
883	883	sessional and seasonal positions, with the exception of those positions designated as
884	884	supervisor or management under s. 111.81, in the classified service shall be for a
885	885	probationary period of one year 6 months, but the director at the request of the
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910	910	25 - 19 -2023 - 2024 Legislature
911	911	LRB-4312/1
912	912	MIM:cdc
913	913	SECTION 62
914	914	SENATE BILL 565
915	915	appointing authority and in accordance with related rules may extend any such
916	916	period for a maximum of 12 3 additional months. Dismissal may be made at any time
917	917	during such periods. Upon such dismissal, the appointing authority shall report to
918	918	the director and to the employee removed, the dismissal and the reason therefor. The
919	919	director may remove an employee during the employee's probationary period if the
920	920	director finds, after giving notice and an opportunity to be heard, that such employee
921	921	was appointed as a result of fraud or error.
922	922	SECTION 63. 230.28 (1) (am) of the statutes is amended to read:
923	923	230.28 (1) (am) All probationary periods for employees in supervisory or
924	924	management positions are one year, but the director at the request of the appointing
925	925	authority may extend any such period for a maximum of 12 additional months unless
926	926	waived after 6 months under par. (c). The waiver under par. (c) may be exercised for
927	927	an employee in a supervisory position only if the employee has successfully
928	928	completed a supervisory development program under s. 230.046 (2). However,
929	929	persons who transfer or are reinstated to supervisory or management positions
930	930	consistent with conditions under sub. (4) and who had previously obtained
931	931	permanent status in class in a supervisory or management position prior to the
932	932	transfer or reinstatement shall serve a probationary period in accordance with sub.
933	933	(4).
934	934	SECTION 64. 230.28 (1) (c) of the statutes is amended to read:
935	935	230.28 (1) (c) Upon request by the appointing authority, the director may waive
936	936	any portion of a the lengthened probationary period but in no case before a one-year
937	937	6-month probationary period has been served.
938	938	SECTION 65. 230.28 (6) of the statutes is created to read:
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964	964	SECTION 65 SENATE BILL 565
965	965	230.28 (6) A person with a right of restoration resulting from layoff under s.
966	966	230.34 (2) who competes for promotion to a position under s. 230.19 (3) and is
967	967	appointed shall serve a probationary period under sub. (1). If the appointing
968	968	authority terminates the employee during the probationary period, the person shall
969	969	return to his or her former layoff status.
970	970	SECTION 66. 230.31 (1) (intro.) of the statutes is amended to read:
971	971	230.31 (1) (intro.) Any person who has held a position and obtained permanent
972	972	status in a class under the civil service law and rules and who has separated from
973	973	the service before July 1, 2016, without any delinquency or misconduct on his or her
974	974	part but owing to reasons of economy or otherwise shall be granted the following
975	975	considerations:
976	976	SECTION 67. 230.31 (2) of the statutes is created to read:
977	977	230.31 (2) The administrator may also provide for the reinstatement of persons
978	978	who have served in seasonal and sessional employment and for persons who separate
979	979	from a position while serving a probationary period.
980	980	SECTION 68. 230.31 (3) of the statutes is repealed.
981	981	SECTION 69. 230.32 (4) of the statutes is amended to read:
982	982	230.32 (4) Any person appointed to fill the position of an employee on such
983	983	military or civilian leave shall be designated as a substitute or replacement employee
984	984	and upon the return and reemployment of the original employee the substitute
985	985	employee shall be transferred to a similar position with the same employing agency
986	986	if one is available, or if not, he or she shall be eligible for reinstatement or have the
987	987	right of restoration in accordance with this subchapter and the rules of the director.
988	988	The status of any person who is appointed to fill the place of an employee on military
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1013	1013	LRB-4312/1
1014	1014	MIM:cdc
1015	1015	SECTION 69
1016	1016	SENATE BILL 565
1017	1017	or civilian leave under this section shall be governed by the rules of the director
1018	1018	pursuant thereto.
1019	1019	SECTION 70. 230.34 (1) (a) (intro.) of the statutes is renumbered 230.34 (1) (a)
1020	1020	and amended to read:
1021	1021	230.34 (1) (a) An employee with permanent status in class or an employee who
1022	1022	has served with the state as an assistant district attorney or an assistant state public
1023	1023	defender for a continuous period of 12 months or more may be removed, suspended
1024	1024	without pay, discharged, reduced in base pay, or demoted only for just cause. It is just
1025	1025	cause to remove, suspend without pay, discharge, reduce the base pay of, or demote
1026	1026	an employee for work performance or personal conduct that is inadequate,
1027	1027	unsuitable, or inferior, as determined by the appointing authority, but only after
1028	1028	imposing progressive discipline that complies with the administrator's standards
1029	1029	under s. 230.04 (13m). It is just cause to remove, suspend without pay, discharge,
1030	1030	reduce the base pay of, or demote an employee without imposing progressive
1031	1031	discipline for any of the following conduct:
1032	1032	SECTION 71. 230.34 (1) (a) 1. to 9. of the statutes are repealed.
1033	1033	SECTION 72. 230.34 (1) (am) of the statutes is amended to read:
1034	1034	230.34 (1) (am) If an employee fails to report for work as scheduled or to contact
1035	1035	his or her supervisor, the appointing authority may discipline the employee. If an
1036	1036	employee fails to report for work as scheduled, or to contact his or her supervisor for
1037	1037	a minimum of 3 5 consecutive working days during a calendar year, the appointing
1038	1038	authority shall consider the employee's position abandoned and may discipline the
1039	1039	employee or treat the employee as having resigned his or her position. If the
1040	1040	appointing authority decides to treat the position abandonment as a resignation, the
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1065	1065	MIM:cdc
1066	1066	SECTION 72 SENATE BILL 565
1067	1067	appointing authority shall notify the employee in writing that the employee is being
1068	1068	treated as having effectively resigned as of the end of the last day worked.
1069	1069	SECTION 73. 230.34 (2) (intro.) of the statutes is amended to read:
1070	1070	230.34 (2) (intro.) Employees with permanent status in class in permanent,
1071	1071	sessional and seasonal positions in the classified service and employees serving a
1072	1072	probationary period in such positions after promotion or transfer may be laid off
1073	1073	because of a reduction in force due to a stoppage or lack of work or funds or owing to
1074	1074	material changes in duties or organization but only after all original appointment
1075	1075	probationary and limited term employees in the classes used for layoff, are
1076	1076	terminated.
1077	1077	SECTION 74. 230.34 (2) (a) of the statutes is repealed and recreated to read:
1078	1078	230.34 (2) (a) The order of layoff of such employees may be determined by
1079	1079	seniority or performance or a combination thereof or by other factors.
1080	1080	SECTION 75. 230.34 (2) (b) of the statutes is repealed and recreated to read:
1081	1081	230.34 (2) (b) The director shall promulgate rules governing layoffs and
1082	1082	appeals therefrom and alternative procedures in lieu of layoff to include voluntary
1083	1083	and involuntary demotion and the exercise of a displacing right to a comparable or
1084	1084	lower class, as well as the subsequent employee right of restoration or eligibility for
1085	1085	reinstatement.
1086	1086	SECTION 76. 230.35 (3) (d) of the statutes is amended to read:
1087	1087	230.35 (3) (d) Employees of the state are entitled to reasonable paid leaves of
1088	1088	absence to compete in promotional evaluations examinations and interviews. The
1089	1089	administrator shall promulgate rules governing the lengths of time allowable for
1090	1090	such leaves, their frequency and the provisions for their use.
1091	1091	SECTION 77. 230.37 (1) of the statutes is amended to read:
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1118	1118	MIM:cdc
1119	1119	SECTION 77
1120	1120	SENATE BILL 565
1121	1121	230.37 (1) In cooperation with appointing authorities the administrator shall
1122	1122	establish an employee performance evaluation program to provide a continuing
1123	1123	record of employee development and, when applicable, to serve as a basis for
1124	1124	pertinent personnel actions. Under the employee performance evaluation program
1125	1125	established under this subsection, the administrator shall require each appointing
1126	1126	authority to conduct at least an annual performance evaluation of each employee
1127	1127	appointed by the appointing authority. Similar evaluations shall be conducted
1128	1128	during the probationary period but may not infringe upon the authority of the
1129	1129	appointing authority to retain or dismiss employees during the probationary period.
1130	1130	SECTION 78. 230.40 (3) of the statutes is created to read:
1131	1131	230.40 (3) A person who separates from the classified service to fill an elective
1132	1132	position shall have reinstatement privileges for 5 years following termination from
1133	1133	the classified service or for one year following termination from the elective position,
1134	1134	whichever is longer.
1135	1135	SECTION 79. 230.43 (1) (title) of the statutes is amended to read:
1136	1136	230.43 (1) (title) HIRING PROCESS; OBSTRUCTION OBSTRUCTION OR FALSIFICATIONS
1137	1137	OF EXAMINATIONS .
1138	1138	SECTION 80. 230.43 (1) (am) of the statutes is amended to read:
1139	1139	230.43 (1) (am) Willfully defeats, deceives or obstructs any person in respect
1140	1140	of the rights of application examination or registration under this subchapter or any
1141	1141	rules prescribed pursuant thereto.
1142	1142	SECTION 81. 230.43 (1) (b) of the statutes is amended to read:
1143	1143	230.43 (1) (b) Willfully or corruptly, falsely marks, grades, estimates, or reports
1144	1144	upon an application or resume examination, or proper standing of any person
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1170	1170	SECTION 81 SENATE BILL 565
1171	1171	evaluated examined, registered, or certified, pursuant to this subchapter, or aids in
1172	1172	so doing.
1173	1173	SECTION 82. 230.43 (1) (c) of the statutes is amended to read:
1174	1174	230.43 (1) (c) Willfully or corruptly makes any false representations concerning
1175	1175	the same, or concerning an applicant the person examined.
1176	1176	SECTION 83. 230.43 (1) (d) of the statutes is amended to read:
1177	1177	230.43 (1) (d) Willfully or corruptly furnishes any person any special or secret
1178	1178	information for the purpose of either improving or injuring the prospects or chances
1179	1179	of any persons so evaluated examined, registered, or certified, being appointed,
1180	1180	employed, or promoted.
1181	1181	SECTION 84. 230.43 (1) (e) of the statutes is amended to read:
1182	1182	230.43 (1) (e) Personates any other person, or permits or aids in any manner
1183	1183	any other person to personate him or her in connection with any examination,
1184	1184	registration, application, or request to be evaluated examined or registered.
1185	1185	SECTION 85. 230.43 (5) of the statutes is amended to read:
1186	1186	230.43 (5) TAXPAYERS' SUITS. The right of any taxpayer to bring any action to
1187	1187	restrain the payment of compensation to any person appointed to or holding any
1188	1188	office or place of employment in violation of this subchapter shall not be limited or
1189	1189	denied by reason of the fact that the office or place of employment has been classified
1190	1190	as, or determined to be, not subject to a competitive hiring process examination;
1191	1191	however, any judgment or injunction in any such action shall be prospective only, and
1192	1192	shall not affect payments already made or due to such persons by the proper
1193	1193	disbursing officers, in accordance with the rules of the administrator in force at the
1194	1194	time of such payments.
1195	1195	SECTION 86. 230.44 (1) (c) of the statutes is amended to read:
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1223	1223	SECTION 86
1224	1224	SENATE BILL 565
1225	1225	230.44 (1) (c) Demotion, layoff, suspension or discharge. If an employee has
1226	1226	permanent status in class, or an employee has served with the state as an assistant
1227	1227	district attorney or an assistant state public defender for a continuous period of 12
1228	1228	months or more, the employee may appeal a demotion, layoff, suspension, discharge
1229	1229	or reduction in base pay to the commission as the final step in the state employee
1230	1230	grievance process procedure established under s. 230.445 230.04 (14), if the appeal
1231	1231	alleges that the decision was not based on just cause.
1232	1232	SECTION 87. 230.44 (1) (e) of the statutes is amended to read:
1233	1233	230.44 (1) (e) Discretionary performance awards. This subsection does not
1234	1234	apply to decisions of an appointing authority relating to discretionary performance
1235	1235	awards under s. 230.12 (5) or under the discretionary merit award program
1236	1236	established under s. 230.04 (19), including the evaluation methodology and results
1237	1237	used to determine the award or the amount awarded.
1238	1238	SECTION 88. 230.445 of the statutes is repealed.
1239	1239	SECTION 89. 321.65 (3) (g) of the statutes is amended to read:
1240	1240	321.65 (3) (g) Veterans preferences. The right of a person to reemployment
1241	1241	under this subsection does not entitle the person to retention, preference, or
1242	1242	displacement rights over any person who has a superior claim under s. 45.03 (4),
1243	1243	62.13 (4) (d), 63.08 (1) (f) or (fm), 63.37, 63.39 (2m), 66.0509 (1), 230.15 (2m), 230.16
1244	1244	(7) or (7m), 230.21 (1m), 230.25, or 230.275.
1245	1245	SECTION 90. 323.2915 (1) and (2) of the statutes are amended to read:
1246	1246	323.2915 (1) Notwithstanding s. 230.445 (2) and (3), 2021 stats., an employee
1247	1247	does not waive his or her right to appeal an adverse employment decision if the
1248	1248	employee does not timely file the complaint or appeal during the public health
1249	1249	emergency declared on March 12, 2020, by executive order 72. The tolling period
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1275	1275	MIM:cdc
1276	1276	SECTION 90 SENATE BILL 565
1277	1277	under s. 230.445 (3) (a) 1., 2021 stats., begins 14 days after the termination of such
1278	1278	public health emergency.
1279	1279	(2) Notwithstanding s. 230.445 (3) (a) 2., 2021 stats., an appointing authority
1280	1280	or his or her designee is not required to meet with a complainant in person during
1281	1281	the public health emergency declared on March 12, 2020, by executive order 72, when
1282	1282	conducting an investigation under s. 230.445 (3) (a) 2., 2021 stats.
1283	1283	SECTION 91.0Initial applicability.
1284	1284	(1) HIRING PREFERENCES FOR VETERANS. The treatment of ss. 63.08 (1) (fm) and
1285	1285	230.25 (1g) and (1m) first applies to a position that is posted on the effective date of
1286	1286	this subsection.
1287	1287	(2) PROBATIONARY PERIODS. The treatment of s. 230.28 (1) (a), (am), and (c) first
1288	1288	applies to a probationary period that begins on the effective date of this subsection.
1289	1289	(3) STANDARDS FOR ADVERSE EMPLOYMENT ACTIONS. The treatment of s. 230.34 (1)
1290	1290	(a) (intro.) and (am) first applies to employee discipline for conduct that occurs on the
1291	1291	effective date of this subsection.
1292	1292	(4) GRIEVANCE PROCEDURES. The treatment of s. 230.44 (1) (c) first applies to an
1293	1293	action taken against an employee on the effective date of this subsection.
1294	1294	(5) REINSTATEMENT PRIVILEGES, SEPARATION FROM CLASSIFIED SERVICE. The
1295	1295	treatment of s. 230.40 (3) first applies to a person who separates from the classified
1296	1296	service on the effective date of this subsection.
1297	1297	(END)
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