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LRB-0194/1
MES:jld&emw
2017 - 2018 LEGISLATURE
September 20, 2017 - Introduced by Representatives R. Brooks, Ballweg, Bernier,
Born, Brandtjen, Felzkowski, Jarchow, Knodl, Kremer, Krug, Kuglitsch,
Novak, Rohrkaste and Steffen, cosponsored by Senators Wanggaard,
Stroebel, Marklein and Olsen. Referred to Committee on Local
Government.
AB503,1,4 1An Act to amend 66.0509 (1m) (c) (intro.); and to create 66.0509 (1m) (d) 4.,
266.0509 (1m) (d) 5., 66.0509 (1m) (d) 6. and 66.0509 (1m) (f) of the statutes;
3relating to: modifications to a local governmental unit's employee grievance
4procedure.
Analysis by the Legislative Reference Bureau
This bill specifies that, if a local governmental unit creates a grievance
procedure for its employees, the procedure shall contain termination, discipline, and
workplace safety elements. Unless the discipline procedure provides otherwise, the
local governmental unit may not define discipline to include any form of employment
action other than suspension, termination, disciplinary reduction in rank, or any
other disciplinary measure that results in a loss of wages to the employee that is
contemporaneous with and directly related to the employment action. The bill also
provides that if an employer places any written disciplinary materials in an
employee's personnel file, the employer must so notify the employee, who has the
right to place a written response to those materials in his or her file.
For further information see the state and local 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:
AB503,1
1Section 1. 66.0509 (1m) (c) (intro.) of the statutes is amended to read:
AB503,2,42 66.0509 (1m) (c) (intro.) Any civil service system that is established under any
3provision of law, and any grievance procedure that is created under this subsection,
4shall contain at least all of the following provisions:
AB503,2 5Section 2. 66.0509 (1m) (d) 4. of the statutes is created to read:
AB503,2,116 66.0509 (1m) (d) 4. A procedure that addresses employee terminations. Unless
7a grievance procedure established under this subsection provides otherwise,
8“termination” for purposes of this subdivision does not include reduction in force,
9termination due to an employee's loss of licensure or credentialing, the nonrenewal
10of a teacher's or administrator's contract, or an employee's voluntary separation from
11employment.
AB503,3 12Section 3. 66.0509 (1m) (d) 5. of the statutes is created to read:
AB503,2,2213 66.0509 (1m) (d) 5. A procedure that addresses employee discipline. Unless a
14grievance procedure established under this subsection provides otherwise,
15“discipline” for purposes of this subdivision does not include any form of employment
16action other than suspension, termination, disciplinary reduction in rank, or any
17other disciplinary measure that results in a loss of wages to the employee that is
18contemporaneous with and directly related to the employment action. Any grievance
19procedure established under this subsection shall provide that if an employer places
20in an employee's personnel file any written materials related to discipline, the
21employer shall so notify the employee. Upon notification, the employee may prepare
22a written response to the materials and may place the response in his or her file.
AB503,4 23Section 4. 66.0509 (1m) (d) 6. of the statutes is created to read:
AB503,2,2424 66.0509 (1m) (d) 6. A procedure that addresses workplace safety.
AB503,5 25Section 5. 66.0509 (1m) (f) of the statutes is created to read:
AB503,3,6
166.0509 (1m) (f) A local governmental unit that has adopted a grievance
2procedure under this subsection may establish any definitions, terms, conditions,
3processes, or procedures in relation to a grievance procedure that are not
4inconsistent with this subsection. No provision of a grievance procedure adopted
5under this subsection may be impaired, vitiated, or set aside by any court unless the
6grievance procedure is contrary to the language of this subsection.
AB503,6 7Section 6. Initial applicability.
AB503,3,98 (1) This act first applies to a grievance proceeding that is filed on the effective
9date of this subsection.
AB503,3,1010 (End)
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