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2015 - 2016 LEGISLATURE
October 27, 2015 - Offered by Representatives Doyle, Hebl, Barca, Shankland,
Jorgensen, Zamarripa, Pope, Ohnstad, Berceau, Subeck, Hesselbein,
Sinicki, Spreitzer, Wachs, Danou, Barnes, Kolste, Goyke, Billings,
Sargent, Meyers, Stuck and Brostoff.
AB373-ASA2,1,3 1An Act to renumber and amend 230.34 (1) (a); and to create 230.04 (13m),
2230.06 (1) (m) and 230.34 (1) (a) 1. to 10. of the statutes; relating to:
3disciplinary standards under state civil service.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB373-ASA2,1 4Section 1. 230.04 (13m) of the statutes is created to read:
AB373-ASA2,1,85 230.04 (13m) The commission shall establish standards for progressive
6discipline plans to be prepared by all agencies and applied to all employees in the
7classified service. The standards shall address progressive discipline for personal
8conduct and work performance that is inadequate, unsuitable, or inferior.
AB373-ASA2,2 9Section 2. 230.06 (1) (m) of the statutes is created to read:
AB373-ASA2,1,1110 230.06 (1) (m) Prepare a progressive discipline plan which complies with the
11standards established by the commission under s. 230.04 (13m).
1Section 3. 230.34 (1) (a) of the statutes is renumbered 230.34 (1) (a) (intro.)
2and amended to read:
AB373-ASA2,2,123 230.34 (1) (a) (intro.) An employee with permanent status in class or an
4employee who has served with the state as an assistant district attorney or an
5assistant state public defender for a continuous period of 12 months or more may be
6removed, suspended without pay, discharged, reduced in base pay or demoted only
7for just cause. It is just cause to remove, suspend without pay, discharge, reduce the
8base pay of, or demote an employee for work performance or personal conduct that
9is inadequate, unsuitable, or inferior, but only after imposing progressive discipline
10that complies with the commission's standards under s. 230.04 (13m). It is just cause
11to remove, suspend without pay, discharge, reduce the base pay of, or demote an
12employee without imposing progressive discipline for any of the following conduct:
AB373-ASA2,4 13Section 4. 230.34 (1) (a) 1. to 10. of the statutes are created to read:
AB373-ASA2,2,1414 230.34 (1) (a) 1. While on duty, harassing a person.
AB373-ASA2,2,1515 2. While on duty, intentionally inflicting physical harm on another person.
AB373-ASA2,2,1816 3. While on duty, being intoxicated or under the influence of a controlled
17substance, as defined in s. 961.01 (4), or a controlled substance analog, as defined in
18s. 961.01 (4m).
AB373-ASA2,2,2119 4. While on duty, being in possession of a controlled substance, as defined in
20s. 961.01 (4), or a controlled substance analog, as defined in s. 961.01 (4m), without
21a prescription.
AB373-ASA2,2,2222 5. Falsifying records of the agency.
AB373-ASA2,3,223 6. Theft of agency property or services with intent to deprive an agency of the
24property or services permanently, theft of currency of any value, felonious conduct
25connected with the employee's employment with the agency, or intentional or

1negligent conduct by an employee that causes substantial damage to agency
AB373-ASA2,3,53 7. A conviction of an employee of a crime or other offense subject to civil
4forfeiture, while on or off duty, if the conviction makes it impossible for the employee
5to perform the duties that the employee performs for the agency.
AB373-ASA2,3,86 8. Misuse or abuse of agency property, including the intentional use of the
7agency's equipment to download, view, solicit, seek, display, or distribute
8pornographic material.
AB373-ASA2,3,109 9. A conviction of an employee under s. 946.01, 948.02, 948.025, 948.051,
10948.07, or 948.08.
AB373-ASA2,3,1211 10. A conviction of an employee for committing a felony offense, an element of
12which includes the physical assault of a person.
AB373-ASA2,5 13Section 5. Nonstatutory provisions.
AB373-ASA2,4,214 (1) Legislative council study committee for reform of the civil service.
15There is established a legislative council study committee to study and recommend
16to the legislature proposed changes to the state civil service system. The committee
17shall consist of all of the following members, selected by the joint legislative council:
18at least 2 members who are experts on attracting and retaining skilled workers; at
19least 2 members who are employers from the private sector or nonprofits
20organizations; and any number of senators and representatives to the assembly. The
21committee shall also include one member who represents the executive branch,
22selected by the secretary of administration. The committee shall submit its
23recommendations no later than January 1, 2017, to the chief clerk of each house of

1the legislature for distribution to the legislature under section 13.172 (2) of the