Department of Employment Relations
345 West Washington Avenue
Madison, WI 53703
The hearing site is accessible to persons with disabilities. If you need an interpreter, materials in alternate format or other accommodations for this meeting, please inform the contact person listed at the end of this notice before the hearing.
Written comments on the rules may be sent to the contact person by January 27, 2002. Written comments will receive the same consideration as written or oral testimony presented at the hearing.
A copy of the rule is printed below.
Analysis Prepared by the Department of Employment Relations
On June 9, 1999, the Joint Committee on Employment Relations (JCOER) approved the consolidation of certain positions assigned to former pay range 17 and all positions in former pay range 18 and 19 into compensation broadband 81-02 for non-represented positions in these ranges. Before this consolidation many non-represented pay range 18 positions were granted career executive status along with positions in the compensation broadband 81-01. Positions in pay range 17 were not eligible to be included in the career executive program under the provisions of the Wisconsin Administrative Code. Prior to March 12, 2000, there were approximately 900 positions in the career executive program. These positions performed general management duties. With the consolidation of broadband 81-02, the number of career executive positions expanded to 1500 including management positions responsible for highly technical programs and positions requiring various professional certifications or expertise.
When the pool of career executive employees was smaller and their expertise was always of a general administrative nature, rules were developed to treat this pool as one, and separate from other employees, for purposes of certification for employment consideration, probationary periods, transfers and layoff consideration.
These rule changes make certification for employment consideration, probation and transfer for career executive employees consistent with non-career executive employees. For layoff consideration, career executive employees are to be grouped with employees in the same area of expertise and pay range instead of with all career executive employees. The amendment to ER-MRS 30.99 removes the option of incumbents of positions placed within the career executive programs to remain outside the program. This provision was established when the career executive program was new and many existing positions were being placed in it. No position has been placed in the career executive program in years, without the incumbent opting in.
1. S.
230.05 (5), Stats., grants the Administrator of the Division of Merit Recruitment and Selection authority to promulgate rules on all matters relating to Subchapter
II of Chapter 230, Stats., for administration of the civil service.
2. S.
230.24, Stats., grants the Administrator authority to create rules to accomplish the purposes of a career executive program.
Text of Proposed Rule
Section l. ER-MRS 30.03 (3) is repealed:
Section 2. ER-MRS 30.05 (1) and (2) are amended to read:
ER-MRS 30.05 Certification.
(1) The highest ranking candidates shall be determined through a comparison of their qualifications, including technical or professional qualifications, where applicable, with the qualifications requirements for the position as determined through position analysis. All such candidates shall meet the standard for the position as established by the administrator. Except as provided in ss.
ER-MRS 30.07,
30.08, and
30.11(2), certification for appointment to a vacant career executive position shall be
according to s.230.25, Stats.
limited to no more than the 10 highest ranking candidates on the internal register and no more than 10 highest ranking candidates on the external register.
(2) Certification from the external register when such a register is established, may occur simultaneously with the certification from the internal register. Certification from the external register may also be provided at any time after candidates from the internal register have been certified, but prior to the time an appointment is made. No candidate from the external register who has earned a score lower than the candidate with the lowest score certified from the internal register shall be certified, except when the latter register contains fewer than 10 candidates.
Section 3. ER-MRS 30.06(3) is amended to read:
ER-MRS 30.06(3) At the discretion of the appointing authority in the receiving agency, a career executive employee may be required to serve up to a 3 6 month trial period upon movement between agencies. Upon agreement with the sending agency and notification to the employe, the appointing authority in the receiving agency may extend such trial period for 3 additional months. At any time, during the trial period, the receiving agency may terminate the employee. Upon termination, the employee shall be returned to the sending agency and be restored to the employment status that existed at the time of movement to the receiving agency.
Section 4. ER-MRS 30.08 is repealed and recreated to read:
ER-MRS 30.08 Career executive transfer. For purposes of this chapter, “transfer" has the same meaning as defined in s.
ER-MRS 1.02(33). Transfer of career executive employees shall be in accordance with ch.
ER-MRS 15, except that where such rules conflict with this chapter, the provisions of this chapter shall apply. Career executive employment reinstatement and restoration shall be in accordance with s.
ER-MRS 30.11.
Section 5. ER-MRS 30.10(3) is amended to read:
Removal of an employee with permanent status in the career executive program from the career executive program which results in the placement of the employee in a position allocated to a classification assigned to a lower non-career executive pay range 17 or below is defined as a demotion, and may be appealed.
Section 6. ER-MRS 30.105 is repealed and recreated to read:
ER-MRS 30.105 Layoff of career executive employees. For purposes of this chapter, “layoff" has the same meaning as defined in s.
ER-MRS 1.02(11). Layoff of career executive employees shall be in accordance with ch.
ER-MRS 22, except that where such rules conflict with this chapter, the provisions of this chapter shall apply. Restoration from layoffs shall be in accordance with s.
ER-MRS 22.10.
Section 7. ER-MRS 30.99 (1) and (2) are amended to read:
ER-MRS 30.99 Incumbents of positions placed in the career executive program. (1) Each incumbent shall be given the option of being whose position is placed in the career executive program without certification, in accordance with s. ER-MRS 30.05, or of remaining in his or her existing position shall immediately come under the
noncareer career executive employment provisions. This option shall remain in effect for one year after the incumbent's position is placed in the program. Any subsequent entrance by the employe to the program shall require voluntary movement to a different career executive position under the provisions of s. ER-MRS 30.01(3) and other applicable provisions.
(2) Incumbents who exercise their option to be
whose positions are placed in the career executive program shall earn permanent status immediately upon entering the program. However, incumbents serving a probationary period at the time of entry shall not earn permanent status until they successfully complete the probationary period specified in the appointment letter.
Fiscal Estimate
Flexible certification for career executive vacancies will simplify and speed the hiring process for vacant positions and so save time for state agencies. Revised layoff rules for career executives will result in retaining for the state service its most effective and efficient personnel. Allowing permissible transfers of career executives between agencies will speed staffing vacant positions as well as increase opportunities for career executive incumbents. Increasing the trial or probationary period from three months to six months on a career executive move between agencies will give hiring officials the extra time needed to evaluate the performance of employees in these critically important jobs. Eliminating the career executive opt in/out provision upon placement of a position in the career executive program will eliminate wasted administrative effort which currently adds no value. These changes will have no direct fiscal effect other than administrative efficiency.
Contact Person
Elizabeth Reinwald
Department of Employment Relations
345 West Washington Avenue
Madison, WI 53703
608-266-5316
Notice of Hearings
NOTICE IS HEREBY GIVEN THAT pursuant to ss.
29.014 (1),
29.041,
29.519 (1) (b) and
227.11 (2) (a), Stats., interpreting ss.
29.014 (1),
29.041 and
29.519 (1) (b), Stats., the Department of Natural Resources will hold public hearings on the amendment of s.
NR 25.05 (1) (d), Wis. Adm. Code, relating to commercial fishing for chubs in Lake Michigan. The proposed rule would change the minimum depth of commercial fishing for chubs in Lake Michigan. In the northern chub fishing zone, it reduces the minimum depth from 55 fathoms to 45 fathoms during January 16 through the end of February and establishes a minimum depth of 45 fathoms during March 1 through April 25. In the southern chub fishing zone, it reduces the minimum depth from 60 fathoms to 45 fathoms during January 16 through the end of February and (south of 44 degrees 32 minutes north latitude) establishes a minimum depth of 45 fathoms during March 1 through April 25.
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
January 16, 2002 County Board Room
Wednesday Kewaunee Co. Courthouse
1:00 p.m. 613 Dodge St., Kewaunee
January 16, 2002 Room 141
Wednesday DNR Southeast Region Headquarters
7:00 p.m. 2300 N. Martin L. King Jr., Drive
Milwaukee
Initial Regulatory Flexibility Analysis
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s.
227.114, Stats., the proposed rule may have an impact on small businesses.
a. Types of small businesses affected: Lake Michigan commercial chub fishers.
b. Description of reporting and bookkeeping procedures required: No new procedures.
c. Description of professional skills required: No new skills.
NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch.
NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Bill Horns at (608) 266-8782 with specific information on your request at least 10 days before the date of the scheduled hearing.
Contact Person
Written comments on the proposed rule may be submitted to Mr. William Horns, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707 no later than January 18, 2002. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule [FH-34-01] and fiscal estimate may be obtained from Mr. Horns.
Notice of Hearings
NOTICE IS HEREBY GIVEN that pursuant to ss.
26.145,
28.11 (5r) and
227.11 (2) (a), Stats., interpreting ss.
26.145 and
28.11 (5r), Stats., the Department of Natural Resources will hold public hearings on amendments to ss.
NR 47.008 (1) and
47.903, Wis. Adm. Code, relating to forest fire protection grants and the creation of s.
NR 47.75, Wis. Adm. Code, relating to sustainable forestry grants for county forests. In the past it has been difficult for fire departments and municipalities to budget effectively given the application deadline of October 1 for forest fire protection grants. Grant awards were made so late in the calendar year fire departments had difficulty incorporating the awards in their budget process. The application deadline is moved to July 1 to best accommodate the January to December fiscal year that most municipalities employ. The second rule change to this grant concerns the current requirement that the municipality or fire department sign the grant agreement prior to initiating a purchase or conducting work. This is inconsistent with other grants the department administers and retards the process. The department's approval is sufficient to authorize the municipality or fire department's action. The money is not actually encumbered until the signed agreement is returned.
A $200,000 continuing appropriation, to be provided annually, was approved in the last budget to promote sustainable forestry on county forest lands. Rules to administer the sustainable forestry grants to county forests will address the purpose, eligibility, application procedures, selection criteria, audit procedures and general provisions for this grant.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s.
227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses.
Environmental Analysis
NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch.
NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
January 14, 2002 Room 027, GEF #2
Monday 101 South Webster Street
Madison
at 1:00 p.m.
January 15, 2002 Conference Room
Tuesday DNR Service Center
5301 Rib Mountain Dr.,
Wausau
at 10:00 a.m.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Jeffrey Barkley at (608) 264-9217 with specific information on your request at least 10 days before the date of the scheduled hearing.
Contact Person
Written comments on the proposed rule may be submitted to Mr. Jeffrey Barkley, Bureau of Forestry, P.O. Box 7921, Madison, WI 53707 no later than January 18, 2002. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule [FR-9-02] and fiscal estimate may be obtained from Mr. Barkley.
Notice of Hearing
Natural Resources
(Fish, Game, etc., Chs. NR 1—)
NOTICE IS HEREBY GIVEN THAT pursuant to ss.
29.014 (1),
29.041,
227.11 (2) and
227.24, Stats., interpreting ss.
29.014 (1) and
29.041, Stats., the Department of Natural Resources will hold a public hearing on Natural Resources Board Emergency Order No. FH-35-01(E) pertaining to sturgeon spearing on the Lake Winnebago System. This emergency order will take effect on December 14, 2001. This order closes sturgeon spearing on the Lake Winnebago system during each day of the sturgeon spearing season from 12:30 p.m. to 6:30 a.m. of the following day, and amends the registration deadline for sturgeon speared from the Lake Winnebago system from 6:00 p.m. on the day speared to 1:30 p.m. on the day speared.
NOTICE IS HEREBY FURTHER GIVEN THAT the hearing will be held on:
Monday, January 14, 2002, beginning at 6:00 p.m. at the Winnebago County Coughlin Building, Meeting Room A, 625 E. County Road Y, Oshkosh, WI.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Steve Hewett at (608) 267-7501 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
The Department expects no state or local fiscal impact associated with this order.
Written comments on the emergency rule may be submitted to Mr. Steve Hewett, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707, no later than January 18, 2001. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the emergency rule [FH-35-01 (E)] may be obtained from Mr. Hewett.
Notice of Hearing
NOTICE IS HEREBY GIVEN That pursuant to ss.
118.153 (7) and
227.11 (2) (a), Stats., and interpreting s.
118.153, Stats., the Department of Public Instruction will hold a public hearing as follows to consider the amending of ch.
PI 25, relating to the children-at-risk program.
