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2015 - 2016 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 2,
TO ASSEMBLY BILL 373
January 20, 2016 - Offered by Senators Hansen, Carpenter, L. Taylor, C. Larson,
Ringhand, Bewley, Harris Dodd, Vinehout, Miller, Erpenbach, Risser,
Shilling, Lassa and Wirch.
AB373-SSA2,1,2 1An Act to create 230.34 (1) (ah) of the statutes; relating to: just cause
2disciplinary standard under state civil service.
Analysis by the Legislative Reference Bureau
Under the state civil service, an employer may remove, suspend without pay,
discharge, reduce the base pay of, or demote classified employees and certain
assistant district attorneys and assistant state public defenders only for just cause.
This substitute amendment provides that 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:
1. While on duty, harassing a person.
2. While on duty, intentionally inflicting physical harm on another person.
3. While on duty, being intoxicated or under the influence of a controlled
substance or a controlled substance analog.
4. While on duty, being in possession of a controlled substance or a controlled
substance analog without a prescription.
5. Falsifying records of the agency.
6. Theft of agency property or services with intent to deprive an agency of the
property or services permanently, theft of currency of any value, felonious conduct
connected with the employee's employment with the agency, or intentional or
negligent conduct by an employee that causes substantial damage to agency
property.

7. A conviction of an employee of a crime or other offense subject to civil
forfeiture, while on or off duty, if the conviction makes it impossible for the employee
to perform the duties that the employee performs for the agency.
8. Misuse or abuse of agency property, including the intentional use of the
agency's equipment to download, view, solicit, seek, display, or distribute
pornographic material.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB373-SSA2,1 1Section 1. 230.34 (1) (ah) of the statutes is created to read:
AB373-SSA2,2,42 230.34 (1) (ah) It is just cause under par. (a) to remove, suspend without pay,
3discharge, reduce the base pay of, or demote an employee without imposing
4progressive discipline for any of the following conduct:
AB373-SSA2,2,55 1. While on duty, harassing a person.
AB373-SSA2,2,66 2. While on duty, intentionally inflicting physical harm on another person.
AB373-SSA2,2,97 3. While on duty, being intoxicated or under the influence of a controlled
8substance, as defined in s. 961.01 (4), or a controlled substance analog, as defined in
9s. 961.01 (4m).
AB373-SSA2,2,1210 4. While on duty, being in possession of a controlled substance, as defined in
11s. 961.01 (4), or a controlled substance analog, as defined in s. 961.01 (4m), without
12a prescription.
AB373-SSA2,2,1313 5. Falsifying records of the agency.
AB373-SSA2,2,1814 6. Theft of agency property or services with intent to deprive an agency of the
15property or services permanently, theft of currency of any value, felonious conduct
16connected with the employee's employment with the agency, or intentional or
17negligent conduct by an employee that causes substantial damage to agency
18property.
AB373-SSA2,3,3
17. A conviction of an employee of a crime or other offense subject to civil
2forfeiture, while on or off duty, if the conviction makes it impossible for the employee
3to perform the duties that the employee performs for the agency.
AB373-SSA2,3,64 8. Misuse or abuse of agency property, including the intentional use of the
5agency's equipment to download, view, solicit, seek, display, or distribute
6pornographic material.
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