SB855: Bill Text

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:

SB855,1 Section 1. 20.865 (1) (dm) of the statutes is repealed.

SB855,2 Section 2. 20.928 (1f) of the statutes is repealed.

SB855,3 Section 3. 62.13 (4) (d) of the statutes is amended to read:

SB855,4,6 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 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).

SB855,4 Section 4. 63.08 (1) (f) 1. of the statutes is amended to read:

SB855,4,11 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.

SB855,5 Section 5. 63.08 (1) (f) 2. of the statutes is amended to read:

SB855,4,15 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.

SB855,6 Section 6. 63.08 (1) (f) 3. of the statutes is amended to read:

SB855,4,22 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.

SB855,7 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:

SB855,5,5 230.16 (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:

SB855,5,9 (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.

SB855,8 Section 8. 63.37 of the statutes is amended to read:

SB855,5,20 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).

SB855,9 Section 9. 63.39 (2m) of the statutes is amended to read:

SB855,6,2 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 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.

SB855,10 Section 10. 66.0509 (1) of the statutes is amended to read:

SB855,6,16 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).

SB855,11 Section 11. 230.01 (2) (bm) of the statutes is repealed.

SB855,12 Section 12. 230.01 (2) (bp) of the statutes is repealed.

SB855,13 Section 13. 230.04 (13m) of the statutes is repealed.

SB855,14 Section 14. 230.04 (14) of the statutes is amended to read:

SB855,6,23 230.04 (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.

SB855,15 Section 15. 230.04 (19) of the statutes is repealed.

SB855,16 Section 16. 230.046 (2) of the statutes is amended to read:

SB855,7,9 230.046 (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.

SB855,17 Section 17. 230.05 (7) of the statutes is amended to read:

SB855,7,13 230.05 (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.

SB855,18 Section 18. 230.05 (10) of the statutes is repealed.

SB855,19 Section 19. 230.06 (1) (m) of the statutes is repealed.

SB855,20 Section 20. 230.06 (4) of the statutes is repealed.

SB855,21 Section 21. 230.08 (2) (c) of the statutes is amended to read:

SB855,8,2 230.08 (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 reappropriated to the society by s. 20.245 (1) (r) where a competitive process examination is impractical.

SB855,22 Section 22. 230.12 (1) (h) of the statutes is amended to read:

SB855,8,7 230.12 (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.

SB855,23 Section 23. 230.13 (1) (a) of the statutes is amended to read:

SB855,8,10 230.13 (1) (a) Evaluations Examination scores and ranks and other evaluations of applicants, including any examination scores and rankings.

SB855,24 Section 24. 230.13 (3) (b) of the statutes is amended to read:

SB855,8,15 230.13 (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.

SB855,25 Section 25. 230.13 (3) (c) of the statutes is repealed.

SB855,26 Section 26. 230.15 (1) of the statutes is amended to read:

SB855,8,23 230.15 (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).

SB855,27 Section 27. 230.15 (1m) (c) 1. of the statutes is amended to read:

SB855,9,4 230.15 (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.

SB855,28 Section 28. 230.15 (6) of the statutes is repealed.

SB855,29 Section 29. 230.15 (7) of the statutes is repealed.

SB855,30 Section 30. 230.16 (title) of the statutes is amended to read:

SB855,9,8 230.16 (title) Applications and selection processes examinations.

SB855,31 Section 31. 230.16 (1) (a) of the statutes is amended to read:

SB855,9,13 230.16 (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.

SB855,32 Section 32. 230.16 (1) (ap) of the statutes is repealed.

SB855,33 Section 33. 230.16 (2) of the statutes is amended to read:

SB855,9,21 230.16 (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.

SB855,34 Section 34. 230.16 (3) of the statutes is amended to read:

SB855,9,25 230.16 (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 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.

SB855,35 Section 35. 230.16 (4) of the statutes is amended to read:

SB855,10,10 230.16 (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.

SB855,36 Section 36. 230.16 (5) of the statutes is amended to read:

SB855,10,20 230.16 (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.

SB855,37 Section 37. 230.16 (6) of the statutes is amended to read:

SB855,10,25 230.16 (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.

SB855,38 Section 38. 230.16 (7m) (b) 4. of the statutes is amended to read:

SB855,11,4 230.16 (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.

SB855,39 Section 39. 230.16 (7m) (c) of the statutes is created to read:

SB855,11,7 230.16 (7m) (c) Within 30 days after acceptance of an application under par. (b), the administrator shall give the applicant an examination.

SB855,40 Section 40. 230.16 (9) of the statutes is created to read:

SB855,11,11 230.16 (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.

SB855,41 Section 41. 230.16 (10) of the statutes is amended to read:

SB855,11,16 230.16 (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.

SB855,42 Section 42. 230.16 (11) of the statutes is amended to read:

SB855,11,19 230.16 (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.

SB855,43 Section 43. 230.17 (1) of the statutes is amended to read:

SB855,12,2 230.17 (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 practices and those standards of conduct, deportment, and character necessary and demanded to the orderly, efficient, and just operation of the state service.

SB855,44 Section 44. 230.17 (2) of the statutes is amended to read:

SB855,12,16 230.17 (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.

SB855,45 Section 45. 230.18 of the statutes is amended to read:

SB855,13,3 230.18 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 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.

SB855,46 Section 46. 230.19 of the statutes is repealed and recreated to read:

SB855,13,8 230.19 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.

SB855,13,19 (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.

SB855,13,22 (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.

SB855,47 Section 47. 230.21 (1) of the statutes is amended to read: