AB909: Bill Text

AB909,,28 230.04 (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.

AB909,15 Section 15. 230.04 (19) of the statutes is repealed.

AB909,16 Section 16. 230.046 (2) of the statutes is amended to read:

AB909,,31 230.046 (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.

AB909,17 Section 17. 230.05 (7) of the statutes is amended to read:

AB909,,33 230.05 (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.

AB909,18 Section 18. 230.05 (10) of the statutes is repealed.

AB909,19 Section 19. 230.06 (1) (m) of the statutes is repealed.

AB909,20 Section 20. 230.06 (4) of the statutes is repealed.

AB909,21 Section 21. 230.08 (2) (c) of the statutes is amended to read:

AB909,,38 230.08 (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.

AB909,22 Section 22. 230.12 (1) (h) of the statutes is amended to read:

AB909,,40 230.12 (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.

AB909,23 Section 23. 230.13 (1) (a) of the statutes is amended to read:

AB909,,42 230.13 (1) (a) Evaluations Examination scores and ranks and other evaluations of applicants, including any examination scores and rankings.

AB909,24 Section 24. 230.13 (3) (b) of the statutes is amended to read:

AB909,,44 230.13 (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.

AB909,25 Section 25. 230.13 (3) (c) of the statutes is repealed.

AB909,26 Section 26. 230.15 (1) of the statutes is amended to read:

AB909,,47 230.15 (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).

AB909,27 Section 27. 230.15 (1m) (c) 1. of the statutes is amended to read:

AB909,,49 230.15 (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.

AB909,28 Section 28. 230.15 (6) of the statutes is repealed.

AB909,29 Section 29. 230.15 (7) of the statutes is repealed.

AB909,30 Section 30. 230.16 (title) of the statutes is amended to read:

AB909,,53 230.16 (title) Applications and selection processes examinations.

AB909,31 Section 31. 230.16 (1) (a) of the statutes is amended to read:

AB909,,55 230.16 (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.

AB909,32 Section 32. 230.16 (1) (ap) of the statutes is repealed.

AB909,33 Section 33. 230.16 (2) of the statutes is amended to read:

AB909,,58 230.16 (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.

AB909,34 Section 34. 230.16 (3) of the statutes is amended to read:

AB909,,60 230.16 (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.

AB909,35 Section 35. 230.16 (4) of the statutes is amended to read:

AB909,,62 230.16 (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.

AB909,36 Section 36. 230.16 (5) of the statutes is amended to read:

AB909,,64 230.16 (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.

AB909,37 Section 37. 230.16 (6) of the statutes is amended to read:

AB909,,66 230.16 (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.

AB909,38 Section 38. 230.16 (7m) (b) 4. of the statutes is amended to read:

AB909,,68 230.16 (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.

AB909,39 Section 39. 230.16 (7m) (c) of the statutes is created to read:

AB909,,70 230.16 (7m) (c) Within 30 days after acceptance of an application under par. (b), the administrator shall give the applicant an examination.

AB909,40 Section 40. 230.16 (9) of the statutes is created to read:

AB909,,72 230.16 (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.

AB909,41 Section 41. 230.16 (10) of the statutes is amended to read:

AB909,,74 230.16 (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.

AB909,42 Section 42. 230.16 (11) of the statutes is amended to read:

AB909,,76 230.16 (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.

AB909,43 Section 43. 230.17 (1) of the statutes is amended to read:

AB909,,78 230.17 (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.

AB909,44 Section 44. 230.17 (2) of the statutes is amended to read:

AB909,,80 230.17 (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.

AB909,45 Section 45. 230.18 of the statutes is amended to read:

AB909,,82 230.18 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.

AB909,46 Section 46. 230.19 of the statutes is repealed and recreated to read:

AB909,,84 230.19 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.

AB909,,85 (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.

AB909,,86 (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.

AB909,47 Section 47. 230.21 (1) of the statutes is amended to read:

AB909,,88 230.21 (1) Subject to s. 230.275, the director may, to meet the needs of the service, establish separate recruitment, examination, and certification procedures for filling positions in unskilled labor and service classes.

AB909,48 Section 48. 230.21 (2) of the statutes is amended to read:

AB909,,90 230.21 (2) The director may designate classifications in which applicants are in critically short supply and may develop such recruitment, examination, and certification processes as will provide agencies with prompt certification when qualified applicants can be found, provided that due notice has been given and proper competitive standards have been maintained.

AB909,49 Section 49. 230.21 (3) of the statutes is amended to read:

AB909,,92 230.21 (3) The director shall designate classifications in prison industries in the department of corrections as critical positions requiring expeditious hiring and shall develop such recruitment, examination, and certification processes as will provide the department with prompt certification when qualified applicants can be found, provided that due notice has been given and proper competitive standards have been maintained.

AB909,50 Section 50. 230.213 of the statutes is amended to read:

AB909,,94 230.213 Affirmative action procedures for corrections positions. The director may, to meet affirmative action objectives, establish such recruitment, examination, and certification procedures for positions in the department of corrections as will enable the department of corrections to increase the number of employees of a specified gender or a specified racial or ethnic group in those positions. The director shall design the procedures to obtain a work force in the department of corrections that reflects the relevant labor pool. The director may determine the relevant labor pool from the population of the state or of a particular geographic area of the state, whichever is more appropriate for achieving the affirmative action objective.

AB909,51 Section 51. 230.24 (1) of the statutes is amended to read:

AB909,,96 230.24 (1) The administrator may by rule develop a career executive program that emphasizes excellence in administrative skills in order to provide agencies with a pool of highly qualified executive candidates, to provide outstanding administrative employees a broad opportunity for career advancement, and to provide for the mobility of such employees among the agencies and units of state government for the most advantageous use of their managerial and administrative skills. To accomplish the purpose of this program, the director may provide policies and standards for recruitment, examination, probation, employment register control, certification, transfer, promotion, and reemployment, and the director may provide policies and standards for classification and salary administration, separate from procedures established for other employment. The administrator shall determine the positions which may be filled from career executive employment registers.

AB909,52 Section 52. 230.24 (2) of the statutes is repealed and recreated to read:

AB909,,98 230.24 (2) A vacancy in a career executive position may be filled through an open competitive examination, a competitive promotional examination or by restricting competition to employees in career executive positions in order to achieve and maintain a highly competent work force in career executive positions, with due consideration given to affirmative action. The appointing authority shall consider the guidelines under s. 230.19 when deciding how to fill a vacancy under this paragraph.

AB909,53 Section 53. 230.25 (1) of the statutes is amended to read:

AB909,,100 230.25 (1) Appointing authorities shall give written notice to the director of any vacancy to be filled in any position in the classified service. The director shall certify, under this subchapter and the rules of the director, from the register of eligibles appropriate for the kind and type of employment, the grade and class in which the position is classified, any number of names at the head thereof. In determining the number of names to certify, the director shall use statistical methods and personnel management principles that are designed to maximize the number of certified names that are appropriate for filling the specific position vacancy. Up to 2 persons considered for appointment 3 times and not selected may be removed from the register for each 3 appointments made. Certification under this subsection shall be made before granting any preference under s. 230.16 (7).

AB909,54 Section 54. 230.25 (1g) of the statutes is repealed and recreated to read:

AB909,,102 230.25 (1g) For every position to be filled by promotion from a promotional register, the administrator shall, after certifying names under sub. (1), additionally certify the name of the highest ranked disabled veteran whose disability is at least 70 percent.

AB909,55 Section 55. 230.25 (1m) of the statutes is repealed and recreated to read:

AB909,,104 230.25 (1m) After certifying names under sub. (1), additional names shall be certified in rank order of those who with the combination of veterans preference points awarded under s. 230.16 (7) and examination score earn a total score equal to or higher than the lowest score of those certified on the basis of examination only. The number of veterans or spouses of veterans added to the list may not exceed the number of names certified under sub. (1).

AB909,56 Section 56. 230.25 (2) (a) of the statutes is amended to read:

AB909,,106 230.25 (2) (a) When certifying names to appointing authorities under this section, the director shall specify whether the certification includes qualifying veterans or persons the hiring of whom would serve affirmative action purposes, without divulging the names of those individuals. The director shall not disclose any applicant’s test score, with or without the addition of veterans preference points under s. 230.16 (7), to the appointing authority.

AB909,57 Section 57. 230.25 (2) (am) of the statutes is repealed.

AB909,58 Section 58. 230.25 (2) (b) of the statutes is amended to read:

AB909,,109 230.25 (2) (b) Unless otherwise provided in this subchapter or the rules of the director, appointments shall be made by appointing authorities to all positions in the classified service from among those certified to them in accordance with this section. Appointments shall be made within 30 60 days after the date of certification unless an exception is made by the director. If an appointing authority does not make an appointment within 30 60 days after certification, he or she shall immediately report in writing to the director the reasons therefor. If the director determines that the failure to make an appointment is not justified under the merit system, the director shall issue an order directing that an appointment be made.

AB909,59 Section 59. 230.25 (3) (a) of the statutes is amended to read:

AB909,,111 230.25 (3) (a) Subject to par. (b), the term of eligibility on original entrance and promotional registers is 6 months and thereafter the register expires but may be reactivated by the administrator for up to 3 years from the date of the establishment of the register. Except as provided in ss. 230.28 and 230.34, the eligibility of individuals for reinstatement is 5 years and the eligibility of individuals for restoration is 3 years.

AB909,60 Section 60. 230.26 (2) of the statutes is amended to read:

AB909,,113 230.26 (2) If there are urgent reasons for filling a vacancy in any position in the classified service and the director is unable to certify to the appointing authority, upon requisition by the latter, a list of persons eligible for appointment from an appropriate employment register, the appointing authority may nominate a person to the director for noncompetitive examination. If the nominee is certified by the director as qualified, the nominee may be appointed provisionally to fill the vacancy until an appointment can be made from a register established after announcement of competition for the position, except that no provisional appointment may be continued for more than 45 working days after the date of certification from the register. Successive appointments may not be made under this subsection. This subsection does not apply to a person appointed to a vacant position in the classified service under s. 230.275.

AB909,61 Section 61. 230.26 (4) of the statutes is amended to read:

AB909,,115 230.26 (4) Fringe benefits specifically authorized by statutes, with the exception of deferred compensation plan participation under subch. VII of ch. 40, worker’s compensation, unemployment insurance, group insurance, retirement, and social security coverage, shall be denied employees hired under this section. Such employees may not be considered permanent employees and do not qualify for tenure, vacation, paid holidays, sick leave, performance awards, or the right to compete in promotional processes examinations.

AB909,62 Section 62. 230.28 (1) (a) of the statutes is amended to read: