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2023 - 2024 LEGISLATURE
2023 SENATE BILL 565
October 23, 2023 - Introduced by Senators LARSON, AGARD, HESSELBEIN and
SPREITZER, cosponsored by Representatives CABRERA, SINICKI, BALDEH, JOERS,
OHNSTAD, PALMERI and SHANKLAND. Referred to Committee on Labor,
Regulatory Reform, Veterans and Military Affairs.
AN ACT to repeal 20.865 (1) (dm), 20.928 (1f), 230.01 (2) (bm), 230.01 (2) (bp),
230.04 (13m), 230.04 (19), 230.05 (10), 230.06 (1) (m), 230.06 (4), 230.13 (3) (c),
230.15 (6), 230.15 (7), 230.16 (1) (ap), 230.25 (2) (am), 230.31 (3), 230.34 (1) (a)
1. to 9. and 230.445; to renumber and amend 63.08 (1) (fm) and 230.34 (1) (a)
(intro.); to amend 62.13 (4) (d), 63.08 (1) (f) 1., 63.08 (1) (f) 2., 63.08 (1) (f) 3.,
63.37, 63.39 (2m), 66.0509 (1), 230.04 (14), 230.046 (2), 230.05 (7), 230.08 (2) (c),
230.12 (1) (h), 230.13 (1) (a), 230.13 (3) (b), 230.15 (1), 230.15 (1m) (c) 1., 230.16
(title), 230.16 (1) (a), 230.16 (2), 230.16 (3), 230.16 (4), 230.16 (5), 230.16 (6),
230.16 (7m) (b) 4., 230.16 (10), 230.16 (11), 230.17 (1), 230.17 (2), 230.18, 230.21
(1), 230.21 (2), 230.21 (3), 230.213, 230.24 (1), 230.25 (1), 230.25 (2) (a), 230.25
(2) (b), 230.25 (3) (a), 230.26 (2), 230.26 (4), 230.28 (1) (a), 230.28 (1) (am), 230.28
(1) (c), 230.31 (1) (intro.), 230.32 (4), 230.34 (1) (am), 230.34 (2) (intro.), 230.35
(3) (d), 230.37 (1), 230.43 (1) (title), 230.43 (1) (am), 230.43 (1) (b), 230.43 (1) (c),
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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(g) and 323.2915 (1) and (2); to repeal and recreate 230.19, 230.24 (2), 230.25
(1g), 230.25 (1m), 230.34 (2) (a) and 230.34 (2) (b); and to create 230.16 (7m)
(c), 230.16 (9), 230.28 (6), 230.31 (2) and 230.40 (3) of the statutes; relating to:
the state civil service system.
Analysis by the Legislative Reference Bureau
This bill makes numerous changes to the state civil service system, including
all of the following:
The hiring process
1. The bill replaces competitive procedures with competitive examinations.
Under the bill, appointments to and promotions in the classified service must be
made according to merit and fitness, which must be ascertained by competitive
examinations.
2. The bill provides a preference system for veterans under which veterans and
qualifying spouses of veterans receive preference points, which are applied during
the process of creating a certification list for a position. Under current law, if a
veteran or qualifying spouse of a veteran is included on a certification list, the
appointing authority must offer an interview to the veteran or spouse of a veteran.
3. Under current law, before making an offer of employment to an individual
who currently holds a position in the civil service, an appointing authority must
review the individual's personnel file. The bill repeals that requirement.
4. The bill changes the general deadline for making appointments from 30 days
after certification to 60 days after certification. The bill also requires the director of
the Bureau of Merit Recruitment and Selection to use procedures designed to certify
applicants for a vacant permanent position within 45 days of receiving a request from
an appointing authority, rather than within 30 days under current law.
Probation, reinstatement, restoration, and layoffs
1. The bill changes the standard probationary period for all original and
promotional appointments to permanent and seasonal positions in the classified
service from one year to six months. The bill also changes the probationary period
for employees in supervisory or management positions from one year to one year with
a potential waiver after six months.
2. The bill allows permanent classified service employees who leave the
classified service without any delinquency or misconduct to have reinstatement
privileges for a five-year period from the date the employee leaves the classified
service. Under current law, there are no reinstatement privileges for permanent
classified service employees who leave the classified service without any delinquency
or misconduct for reasons other than layoff. The bill also provides reinstatement
privileges for an employee who leaves the classified service to fill an elective position,
which is not allowed under current law.
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3. The bill provides to a permanent employee in the classified service who is on
layoff status restoration rights for the three-year period following the layoff.
4. The bill allows appointing authorities to determine the order of layoff by
seniority, performance, any combination of seniority and performance, or other
factors. Under current law, appointing authorities are required to determine layoff
status primarily based on job performance.
Just cause and discipline
1. The bill allows an employer to remove, suspend without pay, discharge,
reduce the base pay of, or demote (take an adverse employment action against) a
permanent classified employee and certain assistant district attorneys and assistant
state public defenders only for just cause. The bill eliminates the provision that an
employer has just cause to take an adverse employment action against an employee
for work performance or personal conduct that an appointing authority determines
to be inadequate, unsuitable, or inferior, but only after the appointing authority
imposes progressive discipline that complies with standards established by the
administrator of the Division of Personnel Management. The bill also eliminates the
provision that an employer has just cause to take an adverse employment action
against an employee without imposing progressive discipline for specific conduct.
2. The bill changes the threshold for considering an employee's position
abandoned and disciplining the employee for failing to report for work as scheduled
without contacting a supervisor from three working days during a calendar year to
five consecutive working days in a calendar year.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 20.865 (1) (dm) of the statutes is repealed.
SECTION 2. 20.928 (1f) of the statutes is repealed.
SECTION 3. 62.13 (4) (d) of the statutes is amended to read:
62.13 (4) (d) The examination shall be free for all U.S. citizens over 18 and
under 55 years of age, with proper limitations as to health and, subject to ss. 111.321,
111.322, and 111.335, arrest and conviction record. The examination, including
minimum training and experience requirements, shall be job-related in compliance
with appropriate validation standards and shall be subject to the approval of the
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board and may include tests of manual skill and physical strength. All relevant
experience, whether paid or unpaid, shall satisfy experience requirements. The
board shall control examinations and may designate and change examiners, who
may or may not be otherwise in the official service of the city, and whose
compensation shall be fixed by the board and paid by the city. Veterans and their
spouses shall be given preference points in accordance with s. 63.08 (1) (fm) 230.16
(7).
SECTION 4. 63.08 (1) (f) 1. of the statutes is amended to read:
63.08 (1) (f) 1. The commission may not impose any restriction as to age on any
veteran who is applying or eligible for a position under this section. The commission
shall give preference points to veterans and their spouses under par. (fm) s. 230.16
(7), except as provided under subd. 2.
SECTION 5. 63.08 (1) (f) 2. of the statutes is amended to read:
63.08 (1) (f) 2. Notwithstanding par. (fm) s. 230.16 (7), persons shall be certified
from the eligible list under s. 63.05 (1) (b) without adding any preference points to
any person's grade.
SECTION 6. 63.08 (1) (f) 3. of the statutes is amended to read:
63.08 (1) (f) 3. After the certification under subd. 2., any veteran or veteran's
spouse whose grade, plus the points to which the veteran or spouse is entitled under
par. (fm) s. 230.16 (7), is equal to or higher than the lowest grade on the list made
under subd. 2. shall be added to the certification list under s. 63.05 (1) (b). The
number of persons added to a certification list under this subdivision may not exceed
the number of persons initially certified under subd. 2.
SECTION 7. 63.08 (1) (fm) of the statutes is renumbered 230.16 (7), and 230.16
(7) (a) (intro.) and (b), as renumbered, are amended to read:
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230.16 (7) (a) (intro.) A preference shall be given to those veterans and to those
spouses of veterans specified in subd. subds. 1. a. to f. to 6. who gain eligibility on
any competitive employment register and who do not currently hold a permanent
appointment or have mandatory restoration rights to a permanent appointment to
any position. A preference means the following:
(b) An applicant who is certified for a position after receiving a preference
under subd. 1. d., e., or f. par. (a) 4., 5., or 6. and who is appointed to that position may
not obtain a preference under subd. 1. d., e., or f. par. (a) 4., 5., or 6. for any other civil
service position for which the applicant subsequently applies.
SECTION 8. 63.37 of the statutes is amended to read:
63.37 Board to keep a register of eligibles. From the returns or reports of
the examiners, or from the examinations made by the board, the board shall prepare
and keep a register for each grade or class of position in the service of such city, of
the persons whose general average standing upon examinations for such grade or
class is not less than the minimum fixed by the rules of such board, and who are
otherwise eligible, and such persons shall take rank upon the register as candidates
in the order of their relative excellence as determined by examination without
reference to priority of time of examination. The board shall impose no restrictions
as to age in case of veterans, and veterans and their spouses shall be given preference
points in accordance with s. 63.08 (1) (fm) 230.16 (7).
SECTION 9. 63.39 (2m) of the statutes is amended to read:
63.39 (2m) Notwithstanding s. 63.08 (1) (fm) 230.16 (7), the board shall certify
persons from the list of eligibles without adding preference points to their grades.
After the certification under sub. (1) or (2), the board shall add to the certification list
any veteran or veteran's spouse whose grade, plus the points to which the veteran
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or spouse is entitled under s. 63.08 (1) (fm) 230.16 (7), is equal to or higher than the
lowest grade on the list of eligibles.
SECTION 10. 66.0509 (1) of the statutes is amended to read:
66.0509 (1) Any city or village may proceed under s. 61.34 (1), 62.11 (5) or
66.0101 to establish a civil service system of selection, tenure and status, and the
system may be made applicable to all municipal personnel except the chief executive
and members of the governing body, members of boards and commissions including
election officials, employees subject to s. 62.13, members of the judiciary and
supervisors. Any town may establish a civil service system under this subsection.
For veterans there shall be no restrictions as to age, and veterans and their spouses
shall be given preference points in accordance with s. 63.08 (1) (fm) 230.16 (7). The
system may also include uniform provisions in respect to attendance, leave
regulations, compensation and payrolls for all personnel included in the system. The
governing body of any city, village or town establishing a civil service system under
this section may exempt from the system the librarians and assistants subject to s.
43.09 (1).
SECTION 11. 230.01 (2) (bm) of the statutes is repealed.
SECTION 12. 230.01 (2) (bp) of the statutes is repealed.
SECTION 13. 230.04 (13m) of the statutes is repealed.
SECTION 14. 230.04 (14) of the statutes is amended to read:
230.04 (14) Except as provided in s. 230.445, the The administrator shall
establish, by rule, the scope and minimum requirements of a state employee
grievance procedure relating to conditions of employment.
SECTION 15. 230.04 (19) of the statutes is repealed.
SECTION 16. 230.046 (2) of the statutes is amended to read:
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230.046 (2) SUPERVISORY TRAINING. After initial appointment to a supervisory
position, each appointing authority shall ensure that each classified service
supervisor successfully completes a supervisory development program. A waiver of
any part of the probationary period under s. 230.28 (1) (c) may not be granted before
completion of the development program. The program shall include such subjects
as state personnel policies, grievance handling, discipline, performance evaluation,
understanding the concerns of state employees with children, the supervisor's role
in management and the concept of the total quality leadership process, including
quality improvement through participatory management.
SECTION 17. 230.05 (7) of the statutes is amended to read:
230.05 (7) The director shall use techniques and procedures designed to certify
eligible applicants to any vacant permanent position within 30 45 days after the
filing of an appropriate request by an appointing authority.
SECTION 18. 230.05 (10) of the statutes is repealed.
SECTION 19. 230.06 (1) (m) of the statutes is repealed.
SECTION 20. 230.06 (4) of the statutes is repealed.
SECTION 21. 230.08 (2) (c) of the statutes is amended to read:
230.08 (2) (c) The director, associate director, and state historian of the
historical society; and, with the approval of the board of curators and the
administrator, such number of specialists as are required by the society for specific
research, writing, collecting, or editing projects which for a limited period of time not
to exceed 2 years, renewable at the discretion of the board of curators and the
administrator for an additional 2-year period, require persons with particular
training or experience in a specialized phase or field of history, historical research,
writing, collecting, or editing, and any persons whose entire salary is paid from funds
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reappropriated to the society by s. 20.245 (1) (r) where a competitive process
examination is impractical.
SECTION 22. 230.12 (1) (h) of the statutes is amended to read:
230.12 (1) (h) Other pay, benefits, and working conditions. The compensation
plan may include other provisions relating to pay, benefits, and working conditions
that shall supersede the provisions of the civil service and other applicable statutes
and rules promulgated by the director and the administrator.
SECTION 23. 230.13 (1) (a) of the statutes is amended to read:
230.13 (1) (a) Evaluations Examination scores and ranks and other
evaluations of applicants, including any examination scores and rankings.
SECTION 24. 230.13 (3) (b) of the statutes is amended to read:
230.13 (3) (b) The administrator director and the director administrator may
provide any agency with personnel information relating to the hiring and
recruitment process, including specifically examination scores and ranks and other
evaluations of applicants.
SECTION 25. 230.13 (3) (c) of the statutes is repealed.
SECTION 26. 230.15 (1) of the statutes is amended to read:
230.15 (1) Subject to the restriction under s. 230.143, appointments to, and
promotions in, the classified service shall be made only according to merit and
fitness, which shall be ascertained so far as practicable by competitive procedures
examinations. The director may waive competitive procedures examinations for
appointments made under subs. (1m) and (2) and shall waive competitive procedures
examinations for appointments made under sub. (2m).
SECTION 27. 230.15 (1m) (c) 1. of the statutes is amended to read:
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230.15 (1m) (c) 1. Whenever a position is included in the classified service
under par. (a), the director may waive the requirement for competitive procedures
examinations under sub. (1) with respect to the position and certify the incumbent
employee for appointment to the position in accordance with subd. 2.
SECTION 28. 230.15 (6) of the statutes is repealed.
SECTION 29. 230.15 (7) of the statutes is repealed.
SECTION 30. 230.16 (title) of the statutes is amended to read:
230.16 (title) Applications and selection processes examinations.
SECTION 31. 230.16 (1) (a) of the statutes is amended to read:
230.16 (1) (a) The director shall require persons applying for a position in the
classified service admission to any examination under this subchapter or under the
rules of the director to file an application and resume with the bureau a reasonable
time prior to the proposed examination.
SECTION 32. 230.16 (1) (ap) of the statutes is repealed.
SECTION 33. 230.16 (2) of the statutes is amended to read:
230.16 (2) The selection process for a position in the civil service Competitive
examinations shall be free and open to all applicants who have fulfilled the
preliminary requirements stated in the position examination announcement. To
assure that all applicants have a fair opportunity to compete, competitive procedures
examinations shall be scheduled in a manner that most nearly meet the convenience
of applicants and needs of the service, as determined by the director.
SECTION 34. 230.16 (3) of the statutes is amended to read:
230.16 (3) The director may appoint boards of evaluators examiners of at least
2 persons, one of which is selected by the bureau and one of which is a representative
of the appointing authority, for the purpose of conducting oral evaluations
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SECTION 34 SENATE BILL 565
examinations as a part of the hiring examination procedure for certain positions. All
evaluators board members shall be well-qualified and impartial. All questions
asked and answers made in any oral evaluation examination of applicants shall be
recorded and made a part of the applicant's records.
SECTION 35. 230.16 (4) of the statutes is amended to read:
230.16 (4) All selection criteria examinations, including minimum training
and experience requirements, for positions in the classified service shall be
job-related in compliance with appropriate validation standards and shall be subject
to the approval of the director. All relevant experience, whether paid or unpaid, shall
satisfy experience requirements.
SECTION 36. 230.16 (5) of the statutes is amended to read:
230.16 (5) In the interest of sound personnel management, consideration of
applicants, and service to agencies, the director may set a standard for proceeding
to subsequent steps in the selection process an examination, provided that all
applicants are fairly treated and due notice has been given. The standard may be
at or above the passing point set by the director for any portion of the examination.
The director shall utilize appropriate scientific techniques and procedures in
administering the selection process, in rating the results of any evaluations used in
the selection process examinations, and in determining the relative ratings of the
competitors.
SECTION 37. 230.16 (6) of the statutes is amended to read:
230.16 (6) If any applicant is unable to complete an evaluation that is used in
the selection process the examination in the form presented to the applicant due to
a disability, the bureau shall provide necessary accommodations to ensure equality
of opportunity in the selection process examination.
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SECTION 38
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SECTION 38. 230.16 (7m) (b) 4. of the statutes is amended to read:
230.16 (7m) (b) 4. The appointing authority has not extended interviews
examination for the position or filled the position at the time the application is
received is a written, nonessay examination that is scored by a machine.
SECTION 39. 230.16 (7m) (c) of the statutes is created to read:
230.16 (7m) (c) Within 30 days after acceptance of an application under par.
(b), the administrator shall give the applicant an examination.
SECTION 40. 230.16 (9) of the statutes is created to read:
230.16 (9) The officials in control of state, municipal, and county buildings,
upon requisition by the administrator, shall furnish without charge adequate rooms
and building services for the administration of examinations.
SECTION 41. 230.16 (10) of the statutes is amended to read:
230.16 (10) Every reasonable precaution shall be taken to prevent any
unauthorized person from gaining any knowledge of the nature or content of
competitive procedures in the selection process the examination that is not available
to every applicant.
SECTION 42. 230.16 (11) of the statutes is amended to read:
230.16 (11) Records of applicants examinations shall be retained for at least
one year. Inspection of such records shall be regulated by rules of the director.
SECTION 43. 230.17 (1) of the statutes is amended to read:
230.17 (1) The director shall provide by rule, the conditions, not otherwise
provided by law, under which an eligible applicant may be refused examination or
reexamination, or an eligible refused certification. These conditions shall be based
on sufficient reason and shall reflect sound technical personnel management
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SECTION 43 SENATE BILL 565
practices and those standards of conduct, deportment, and character necessary and
demanded to the orderly, efficient, and just operation of the state service.
SECTION 44. 230.17 (2) of the statutes is amended to read:
230.17 (2) If the director refuses to examine an applicant, or after examination
to certify an eligible, as provided in this section, the director, if requested by the
applicant so rejected within 10 days of the date of receipt of the notice of rejection,
shall give the applicant a full and explicit statement of the exact cause of such refusal
to examine or certify. Applicants may appeal to the commission the decision of the
director to refuse to examine or certify under s. 230.44 (1) (a). Upon request of an
applicant or an eligible for a civil service position who has a disability, the
department of health services shall obtain from the director a detailed description
of all duties entailed by such position and shall determine and report its findings to
the director, as to the ability of the applicant, or eligible, to perform the duties of such
position. Such findings shall be conclusive as to the qualifications of any applicant,
or eligible, so examined. A notice of rejection shall notify an applicant or eligible of
his or her rights under this subsection.
SECTION 45. 230.18 of the statutes is amended to read:
230.18 Discrimination prohibited. No question in any form of application
or in any evaluation used in the hiring process examination may be so framed as to
elicit information concerning the partisan political or religious opinions or
affiliations of any applicant nor may any inquiry be made concerning such opinions
or affiliations and all disclosures thereof shall be discountenanced except that the
director may evaluate the competence and impartiality of applicants for positions
such as clinical chaplain in a state institutional program. No discriminations may
be exercised in the recruitment, application, examination, or hiring process against
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or in favor of any person because of the person's political or religious opinions or
affiliations or because of age, sex, disability, race, color, sexual orientation, national
origin, or ancestry except as otherwise provided.
SECTION 46. 230.19 of the statutes is repealed and recreated to read:
230.19 Promotion. (1) The administrator shall provide employees with
reasonable opportunities for career advancement, within a classified service
structure designed to achieve and maintain a highly competent work force, with due
consideration given to affirmative action.
(2) If, in the judgment of the administrator, the group of applicants best able
to meet the requirements for vacancies in positions in the classified service are
available within the classified service, the vacancies shall be filled by competition
limited to persons in the classified service who are not employed under s. 230.26 or
230.27 and persons with the right of restoration resulting from layoff under s. 230.34
(2), unless it is necessary to go outside the classified service to be consistent with an
approved affirmative action plan or program. The administrator may also limit
competition for promotion to the employees of an agency or an employing unit within
an agency if the resulting group of applicants would fairly represent the proportion
of members of racial and ethnic, gender, or disabled groups in the relevant labor pool
for the state.
(3) A person with the right of restoration resulting from layoff under s. 230.34
(2) may compete only for a position under sub. (2) for which he or she could have
competed had the layoff not occurred.
SECTION 47. 230.21 (1) of the statutes is amended to read:
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230.21 (1) Subject to s. 230.275, the director may, to meet the needs of the
service, establish separate recruitment, examination, and certification procedures
for filling positions in unskilled labor and service classes.
SECTION 48. 230.21 (2) of the statutes is amended to read:
230.21 (2) The director may designate classifications in which applicants are
in critically short supply and may develop such recruitment, examination, and
certification processes as will provide agencies with prompt certification when
qualified applicants can be found, provided that due notice has been given and proper
competitive standards have been maintained.
SECTION 49. 230.21 (3) of the statutes is amended to read:
230.21 (3) The director shall designate classifications in prison industries in
the department of corrections as critical positions requiring expeditious hiring and
shall develop such recruitment, examination, and certification processes as will
provide the department with prompt certification when qualified applicants can be
found, provided that due notice has been given and proper competitive standards
have been maintained.
SECTION 50. 230.213 of the statutes is amended to read:
230.213 Affirmative action procedures for corrections positions. The
director may, to meet affirmative action objectives, establish such recruitment,
examination, and certification procedures for positions in the department of
corrections as will enable the department of corrections to increase the number of
employees of a specified gender or a specified racial or ethnic group in those positions.
The director shall design the procedures to obtain a work force in the department of
corrections that reflects the relevant labor pool. The director may determine the
relevant labor pool from the population of the state or of a particular geographic area
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SECTION 50
SENATE BILL 565
of the state, whichever is more appropriate for achieving the affirmative action
objective.
SECTION 51. 230.24 (1) of the statutes is amended to read:
230.24 (1) The administrator may by rule develop a career executive program
that emphasizes excellence in administrative skills in order to provide agencies with
a pool of highly qualified executive candidates, to provide outstanding
administrative employees a broad opportunity for career advancement, and to
provide for the mobility of such employees among the agencies and units of state
government for the most advantageous use of their managerial and administrative
skills. To accomplish the purpose of this program, the director may provide policies
and standards for recruitment, examination, probation, employment register
control, certification, transfer, promotion, and reemployment, and the director may
provide policies and standards for classification and salary administration, separate
from procedures established for other employment. The administrator shall
determine the positions which may be filled from career executive employment
registers.
SECTION 52. 230.24 (2) of the statutes is repealed and recreated to read:
230.24 (2) A vacancy in a career executive position may be filled through an
open competitive examination, a competitive promotional examination or by
restricting competition to employees in career executive positions in order to achieve
and maintain a highly competent work force in career executive positions, with due
consideration given to affirmative action. The appointing authority shall consider
the guidelines under s. 230.19 when deciding how to fill a vacancy under this
paragraph.
SECTION 53. 230.25 (1) of the statutes is amended to read:
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SECTION 53 SENATE BILL 565
230.25 (1) Appointing authorities shall give written notice to the director of any
vacancy to be filled in any position in the classified service. The director shall certify,
under this subchapter and the rules of the director, from the register of eligibles
appropriate for the kind and type of employment, the grade and class in which the
position is classified, any number of names at the head thereof. In determining the
number of names to certify, the director shall use statistical methods and personnel
management principles that are designed to maximize the number of certified names
that are appropriate for filling the specific position vacancy. Up to 2 persons
considered for appointment 3 times and not selected may be removed from the
register for each 3 appointments made. Certification under this subsection shall be
made before granting any preference under s. 230.16 (7).
SECTION 54. 230.25 (1g) of the statutes is repealed and recreated to read:
230.25 (1g) For every position to be filled by promotion from a promotional
register, the administrator shall, after certifying names under sub. (1), additionally
certify the name of the highest ranked disabled veteran whose disability is at least
70 percent.
SECTION 55. 230.25 (1m) of the statutes is repealed and recreated to read:
230.25 (1m) After certifying names under sub. (1), additional names shall be
certified in rank order of those who with the combination of veterans preference
points awarded under s. 230.16 (7) and examination score earn a total score equal
to or higher than the lowest score of those certified on the basis of examination only.
The number of veterans or spouses of veterans added to the list may not exceed the
number of names certified under sub. (1).
SECTION 56. 230.25 (2) (a) of the statutes is amended to read:
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230.25 (2) (a) When certifying names to appointing authorities under this
section, the director shall specify whether the certification includes qualifying
veterans or persons the hiring of whom would serve affirmative action purposes,
without divulging the names of those individuals. The director shall not disclose any
applicant's test score, with or without the addition of veterans preference points
under s. 230.16 (7), to the appointing authority.
SECTION 57. 230.25 (2) (am) of the statutes is repealed.
SECTION 58. 230.25 (2) (b) of the statutes is amended to read:
230.25 (2) (b) Unless otherwise provided in this subchapter or the rules of the
director, appointments shall be made by appointing authorities to all positions in the
classified service from among those certified to them in accordance with this section.
Appointments shall be made within 30 60 days after the date of certification unless
an exception is made by the director. If an appointing authority does not make an
appointment within 30 60 days after certification, he or she shall immediately report
in writing to the director the reasons therefor. If the director determines that the
failure to make an appointment is not justified under the merit system, the director
shall issue an order directing that an appointment be made.
SECTION 59. 230.25 (3) (a) of the statutes is amended to read:
230.25 (3) (a) Subject to par. (b), the term of eligibility on original entrance and
promotional registers is 6 months and thereafter the register expires but may be
reactivated by the administrator for up to 3 years from the date of the establishment
of the register. Except as provided in ss. 230.28 and 230.34, the eligibility of
individuals for reinstatement is 5 years and the eligibility of individuals for
restoration is 3 years.
SECTION 60. 230.26 (2) of the statutes is amended to read:
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SECTION 60 SENATE BILL 565
230.26 (2) If there are urgent reasons for filling a vacancy in any position in
the classified service and the director is unable to certify to the appointing authority,
upon requisition by the latter, a list of persons eligible for appointment from an
appropriate employment register, the appointing authority may nominate a person
to the director for noncompetitive examination. If the nominee is certified by the
director as qualified, the nominee may be appointed provisionally to fill the vacancy
until an appointment can be made from a register established after announcement
of competition for the position, except that no provisional appointment may be
continued for more than 45 working days after the date of certification from the
register. Successive appointments may not be made under this subsection. This
subsection does not apply to a person appointed to a vacant position in the classified
service under s. 230.275.
SECTION 61. 230.26 (4) of the statutes is amended to read:
230.26 (4) Fringe benefits specifically authorized by statutes, with the
exception of deferred compensation plan participation under subch. VII of ch. 40,
worker's compensation, unemployment insurance, group insurance, retirement, and
social security coverage, shall be denied employees hired under this section. Such
employees may not be considered permanent employees and do not qualify for
tenure, vacation, paid holidays, sick leave, performance awards, or the right to
compete in promotional processes examinations.
SECTION 62. 230.28 (1) (a) of the statutes is amended to read:
230.28 (1) (a) All original and all promotional appointments to permanent,
sessional and seasonal positions, with the exception of those positions designated as
supervisor or management under s. 111.81, in the classified service shall be for a
probationary period of one year 6 months, but the director at the request of the
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SECTION 62
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appointing authority and in accordance with related rules may extend any such
period for a maximum of 12 3 additional months. Dismissal may be made at any time
during such periods. Upon such dismissal, the appointing authority shall report to
the director and to the employee removed, the dismissal and the reason therefor. The
director may remove an employee during the employee's probationary period if the
director finds, after giving notice and an opportunity to be heard, that such employee
was appointed as a result of fraud or error.
SECTION 63. 230.28 (1) (am) of the statutes is amended to read:
230.28 (1) (am) All probationary periods for employees in supervisory or
management positions are one year, but the director at the request of the appointing
authority may extend any such period for a maximum of 12 additional months unless
waived after 6 months under par. (c). The waiver under par. (c) may be exercised for
an employee in a supervisory position only if the employee has successfully
completed a supervisory development program under s. 230.046 (2). However,
persons who transfer or are reinstated to supervisory or management positions
consistent with conditions under sub. (4) and who had previously obtained
permanent status in class in a supervisory or management position prior to the
transfer or reinstatement shall serve a probationary period in accordance with sub.
(4).
SECTION 64. 230.28 (1) (c) of the statutes is amended to read:
230.28 (1) (c) Upon request by the appointing authority, the director may waive
any portion of a the lengthened probationary period but in no case before a one-year
6-month probationary period has been served.
SECTION 65. 230.28 (6) of the statutes is created to read:
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SECTION 65 SENATE BILL 565
230.28 (6) A person with a right of restoration resulting from layoff under s.
230.34 (2) who competes for promotion to a position under s. 230.19 (3) and is
appointed shall serve a probationary period under sub. (1). If the appointing
authority terminates the employee during the probationary period, the person shall
return to his or her former layoff status.
SECTION 66. 230.31 (1) (intro.) of the statutes is amended to read:
230.31 (1) (intro.) Any person who has held a position and obtained permanent
status in a class under the civil service law and rules and who has separated from
the service before July 1, 2016, without any delinquency or misconduct on his or her
part but owing to reasons of economy or otherwise shall be granted the following
considerations:
SECTION 67. 230.31 (2) of the statutes is created to read:
230.31 (2) The administrator may also provide for the reinstatement of persons
who have served in seasonal and sessional employment and for persons who separate
from a position while serving a probationary period.
SECTION 68. 230.31 (3) of the statutes is repealed.
SECTION 69. 230.32 (4) of the statutes is amended to read:
230.32 (4) Any person appointed to fill the position of an employee on such
military or civilian leave shall be designated as a substitute or replacement employee
and upon the return and reemployment of the original employee the substitute
employee shall be transferred to a similar position with the same employing agency
if one is available, or if not, he or she shall be eligible for reinstatement or have the
right of restoration in accordance with this subchapter and the rules of the director.
The status of any person who is appointed to fill the place of an employee on military
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SECTION 69
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or civilian leave under this section shall be governed by the rules of the director
pursuant thereto.
SECTION 70. 230.34 (1) (a) (intro.) of the statutes is renumbered 230.34 (1) (a)
and amended to read:
230.34 (1) (a) An employee with permanent status in class or an employee who
has served with the state as an assistant district attorney or an assistant state public
defender for a continuous period of 12 months or more may be removed, suspended
without pay, discharged, reduced in base pay, or demoted only for just cause. It is just
cause to remove, suspend without pay, discharge, reduce the base pay of, or demote
an employee for work performance or personal conduct that is inadequate,
unsuitable, or inferior, as determined by the appointing authority, but only after
imposing progressive discipline that complies with the administrator's standards
under s. 230.04 (13m). It is just cause to remove, suspend without pay, discharge,
reduce the base pay of, or demote an employee without imposing progressive
discipline for any of the following conduct:
SECTION 71. 230.34 (1) (a) 1. to 9. of the statutes are repealed.
SECTION 72. 230.34 (1) (am) of the statutes is amended to read:
230.34 (1) (am) If an employee fails to report for work as scheduled or to contact
his or her supervisor, the appointing authority may discipline the employee. If an
employee fails to report for work as scheduled, or to contact his or her supervisor for
a minimum of 3 5 consecutive working days during a calendar year, the appointing
authority shall consider the employee's position abandoned and may discipline the
employee or treat the employee as having resigned his or her position. If the
appointing authority decides to treat the position abandonment as a resignation, the
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SECTION 72 SENATE BILL 565
appointing authority shall notify the employee in writing that the employee is being
treated as having effectively resigned as of the end of the last day worked.
SECTION 73. 230.34 (2) (intro.) of the statutes is amended to read:
230.34 (2) (intro.) Employees with permanent status in class in permanent,
sessional and seasonal positions in the classified service and employees serving a
probationary period in such positions after promotion or transfer may be laid off
because of a reduction in force due to a stoppage or lack of work or funds or owing to
material changes in duties or organization but only after all original appointment
probationary and limited term employees in the classes used for layoff, are
terminated.
SECTION 74. 230.34 (2) (a) of the statutes is repealed and recreated to read:
230.34 (2) (a) The order of layoff of such employees may be determined by
seniority or performance or a combination thereof or by other factors.
SECTION 75. 230.34 (2) (b) of the statutes is repealed and recreated to read:
230.34 (2) (b) The director shall promulgate rules governing layoffs and
appeals therefrom and alternative procedures in lieu of layoff to include voluntary
and involuntary demotion and the exercise of a displacing right to a comparable or
lower class, as well as the subsequent employee right of restoration or eligibility for
reinstatement.
SECTION 76. 230.35 (3) (d) of the statutes is amended to read:
230.35 (3) (d) Employees of the state are entitled to reasonable paid leaves of
absence to compete in promotional evaluations examinations and interviews. The
administrator shall promulgate rules governing the lengths of time allowable for
such leaves, their frequency and the provisions for their use.
SECTION 77. 230.37 (1) of the statutes is amended to read:
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SECTION 77
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230.37 (1) In cooperation with appointing authorities the administrator shall
establish an employee performance evaluation program to provide a continuing
record of employee development and, when applicable, to serve as a basis for
pertinent personnel actions. Under the employee performance evaluation program
established under this subsection, the administrator shall require each appointing
authority to conduct at least an annual performance evaluation of each employee
appointed by the appointing authority. Similar evaluations shall be conducted
during the probationary period but may not infringe upon the authority of the
appointing authority to retain or dismiss employees during the probationary period.
SECTION 78. 230.40 (3) of the statutes is created to read:
230.40 (3) A person who separates from the classified service to fill an elective
position shall have reinstatement privileges for 5 years following termination from
the classified service or for one year following termination from the elective position,
whichever is longer.
SECTION 79. 230.43 (1) (title) of the statutes is amended to read:
230.43 (1) (title) HIRING PROCESS; OBSTRUCTION OBSTRUCTION OR FALSIFICATIONS
OF EXAMINATIONS .
SECTION 80. 230.43 (1) (am) of the statutes is amended to read:
230.43 (1) (am) Willfully defeats, deceives or obstructs any person in respect
of the rights of application examination or registration under this subchapter or any
rules prescribed pursuant thereto.
SECTION 81. 230.43 (1) (b) of the statutes is amended to read:
230.43 (1) (b) Willfully or corruptly, falsely marks, grades, estimates, or reports
upon an application or resume examination, or proper standing of any person
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SECTION 81 SENATE BILL 565
evaluated examined, registered, or certified, pursuant to this subchapter, or aids in
so doing.
SECTION 82. 230.43 (1) (c) of the statutes is amended to read:
230.43 (1) (c) Willfully or corruptly makes any false representations concerning
the same, or concerning an applicant the person examined.
SECTION 83. 230.43 (1) (d) of the statutes is amended to read:
230.43 (1) (d) Willfully or corruptly furnishes any person any special or secret
information for the purpose of either improving or injuring the prospects or chances
of any persons so evaluated examined, registered, or certified, being appointed,
employed, or promoted.
SECTION 84. 230.43 (1) (e) of the statutes is amended to read:
230.43 (1) (e) Personates any other person, or permits or aids in any manner
any other person to personate him or her in connection with any examination,
registration, application, or request to be evaluated examined or registered.
SECTION 85. 230.43 (5) of the statutes is amended to read:
230.43 (5) TAXPAYERS' SUITS. The right of any taxpayer to bring any action to
restrain the payment of compensation to any person appointed to or holding any
office or place of employment in violation of this subchapter shall not be limited or
denied by reason of the fact that the office or place of employment has been classified
as, or determined to be, not subject to a competitive hiring process examination;
however, any judgment or injunction in any such action shall be prospective only, and
shall not affect payments already made or due to such persons by the proper
disbursing officers, in accordance with the rules of the administrator in force at the
time of such payments.
SECTION 86. 230.44 (1) (c) of the statutes is amended to read:
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SECTION 86
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230.44 (1) (c) Demotion, layoff, suspension or discharge. If an employee has
permanent status in class, or an employee has served with the state as an assistant
district attorney or an assistant state public defender for a continuous period of 12
months or more, the employee may appeal a demotion, layoff, suspension, discharge
or reduction in base pay to the commission as the final step in the state employee
grievance process procedure established under s. 230.445 230.04 (14), if the appeal
alleges that the decision was not based on just cause.
SECTION 87. 230.44 (1) (e) of the statutes is amended to read:
230.44 (1) (e) Discretionary performance awards. This subsection does not
apply to decisions of an appointing authority relating to discretionary performance
awards under s. 230.12 (5) or under the discretionary merit award program
established under s. 230.04 (19), including the evaluation methodology and results
used to determine the award or the amount awarded.
SECTION 88. 230.445 of the statutes is repealed.
SECTION 89. 321.65 (3) (g) of the statutes is amended to read:
321.65 (3) (g) Veterans preferences. The right of a person to reemployment
under this subsection does not entitle the person to retention, preference, or
displacement rights over any person who has a superior claim under s. 45.03 (4),
62.13 (4) (d), 63.08 (1) (f) or (fm), 63.37, 63.39 (2m), 66.0509 (1), 230.15 (2m), 230.16
(7) or (7m), 230.21 (1m), 230.25, or 230.275.
SECTION 90. 323.2915 (1) and (2) of the statutes are amended to read:
323.2915 (1) Notwithstanding s. 230.445 (2) and (3), 2021 stats., an employee
does not waive his or her right to appeal an adverse employment decision if the
employee does not timely file the complaint or appeal during the public health
emergency declared on March 12, 2020, by executive order 72. The tolling period
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SECTION 90 SENATE BILL 565
under s. 230.445 (3) (a) 1., 2021 stats., begins 14 days after the termination of such
public health emergency.
(2) Notwithstanding s. 230.445 (3) (a) 2., 2021 stats., an appointing authority
or his or her designee is not required to meet with a complainant in person during
the public health emergency declared on March 12, 2020, by executive order 72, when
conducting an investigation under s. 230.445 (3) (a) 2., 2021 stats.
SECTION 91.0Initial applicability.
(1) HIRING PREFERENCES FOR VETERANS. The treatment of ss. 63.08 (1) (fm) and
230.25 (1g) and (1m) first applies to a position that is posted on the effective date of
this subsection.
(2) PROBATIONARY PERIODS. The treatment of s. 230.28 (1) (a), (am), and (c) first
applies to a probationary period that begins on the effective date of this subsection.
(3) STANDARDS FOR ADVERSE EMPLOYMENT ACTIONS. The treatment of s. 230.34 (1)
(a) (intro.) and (am) first applies to employee discipline for conduct that occurs on the
effective date of this subsection.
(4) GRIEVANCE PROCEDURES. The treatment of s. 230.44 (1) (c) first applies to an
action taken against an employee on the effective date of this subsection.
(5) REINSTATEMENT PRIVILEGES, SEPARATION FROM CLASSIFIED SERVICE. The
treatment of s. 230.40 (3) first applies to a person who separates from the classified
service on the effective date of this subsection.
(END)
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