SB565: Bill Text

SB565,,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.

SB565,,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.

SB565,47 Section 47. 230.21 (1) of the statutes is amended to read:

SB565,,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.

SB565,48 Section 48. 230.21 (2) of the statutes is amended to read:

SB565,,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.

SB565,49 Section 49. 230.21 (3) of the statutes is amended to read:

SB565,,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.

SB565,50 Section 50. 230.213 of the statutes is amended to read:

SB565,,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.

SB565,51 Section 51. 230.24 (1) of the statutes is amended to read:

SB565,,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.

SB565,52 Section 52. 230.24 (2) of the statutes is repealed and recreated to read:

SB565,,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.

SB565,53 Section 53. 230.25 (1) of the statutes is amended to read:

SB565,,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).

SB565,54 Section 54. 230.25 (1g) of the statutes is repealed and recreated to read:

SB565,,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.

SB565,55 Section 55. 230.25 (1m) of the statutes is repealed and recreated to read:

SB565,,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).

SB565,56 Section 56. 230.25 (2) (a) of the statutes is amended to read:

SB565,,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.

SB565,57 Section 57. 230.25 (2) (am) of the statutes is repealed.

SB565,58 Section 58. 230.25 (2) (b) of the statutes is amended to read:

SB565,,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.

SB565,59 Section 59. 230.25 (3) (a) of the statutes is amended to read:

SB565,,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.

SB565,60 Section 60. 230.26 (2) of the statutes is amended to read:

SB565,,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.

SB565,61 Section 61. 230.26 (4) of the statutes is amended to read:

SB565,,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.

SB565,62 Section 62. 230.28 (1) (a) of the statutes is amended to read:

SB565,,117 230.28 (1) (a) All original and all promotional appointments to permanent, sessional and seasonal positions, with the exception of those positions designated as supervisor or management under s. 111.81, in the classified service shall be for a probationary period of one year 6 months, but the director at the request of the appointing authority and in accordance with related rules may extend any such period for a maximum of 12 3 additional months. Dismissal may be made at any time during such periods. Upon such dismissal, the appointing authority shall report to the director and to the employee removed, the dismissal and the reason therefor. The director may remove an employee during the employee’s probationary period if the director finds, after giving notice and an opportunity to be heard, that such employee was appointed as a result of fraud or error.

SB565,63 Section 63. 230.28 (1) (am) of the statutes is amended to read:

SB565,,119 230.28 (1) (am) All probationary periods for employees in supervisory or management positions are one year, but the director at the request of the appointing authority may extend any such period for a maximum of 12 additional months unless waived after 6 months under par. (c). The waiver under par. (c) may be exercised for an employee in a supervisory position only if the employee has successfully completed a supervisory development program under s. 230.046 (2). However, persons who transfer or are reinstated to supervisory or management positions consistent with conditions under sub. (4) and who had previously obtained permanent status in class in a supervisory or management position prior to the transfer or reinstatement shall serve a probationary period in accordance with sub. (4).

SB565,64 Section 64. 230.28 (1) (c) of the statutes is amended to read:

SB565,,121 230.28 (1) (c) Upon request by the appointing authority, the director may waive any portion of a the lengthened probationary period but in no case before a one-year 6-month probationary period has been served.

SB565,65 Section 65. 230.28 (6) of the statutes is created to read:

SB565,,123 230.28 (6) A person with a right of restoration resulting from layoff under s. 230.34 (2) who competes for promotion to a position under s. 230.19 (3) and is appointed shall serve a probationary period under sub. (1). If the appointing authority terminates the employee during the probationary period, the person shall return to his or her former layoff status.

SB565,66 Section 66. 230.31 (1) (intro.) of the statutes is amended to read:

SB565,,125 230.31 (1) (intro.) Any person who has held a position and obtained permanent status in a class under the civil service law and rules and who has separated from the service before July 1, 2016, without any delinquency or misconduct on his or her part but owing to reasons of economy or otherwise shall be granted the following considerations:

SB565,67 Section 67. 230.31 (2) of the statutes is created to read:

SB565,,127 230.31 (2) The administrator may also provide for the reinstatement of persons who have served in seasonal and sessional employment and for persons who separate from a position while serving a probationary period.

SB565,68 Section 68. 230.31 (3) of the statutes is repealed.

SB565,69 Section 69. 230.32 (4) of the statutes is amended to read:

SB565,,130 230.32 (4) Any person appointed to fill the position of an employee on such military or civilian leave shall be designated as a substitute or replacement employee and upon the return and reemployment of the original employee the substitute employee shall be transferred to a similar position with the same employing agency if one is available, or if not, he or she shall be eligible for reinstatement or have the right of restoration in accordance with this subchapter and the rules of the director. The status of any person who is appointed to fill the place of an employee on military or civilian leave under this section shall be governed by the rules of the director pursuant thereto.

SB565,70 Section 70. 230.34 (1) (a) (intro.) of the statutes is renumbered 230.34 (1) (a) and amended to read:

SB565,,132 230.34 (1) (a) An employee with permanent status in class or an employee who has served with the state as an assistant district attorney or an assistant state public defender for a continuous period of 12 months or more may be removed, suspended without pay, discharged, reduced in base pay, or demoted only for just cause. It is just cause to remove, suspend without pay, discharge, reduce the base pay of, or demote an employee for work performance or personal conduct that is inadequate, unsuitable, or inferior, as determined by the appointing authority, but only after imposing progressive discipline that complies with the administrator’s standards under s. 230.04 (13m). 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:

SB565,71 Section 71. 230.34 (1) (a) 1. to 9. of the statutes are repealed.

SB565,72 Section 72. 230.34 (1) (am) of the statutes is amended to read:

SB565,,135 230.34 (1) (am) If an employee fails to report for work as scheduled or to contact his or her supervisor, the appointing authority may discipline the employee. If an employee fails to report for work as scheduled, or to contact his or her supervisor for a minimum of 3 5 consecutive working days during a calendar year, the appointing authority shall consider the employee’s position abandoned and may discipline the employee or treat the employee as having resigned his or her position. If the appointing authority decides to treat the position abandonment as a resignation, the appointing authority shall notify the employee in writing that the employee is being treated as having effectively resigned as of the end of the last day worked.

SB565,73 Section 73. 230.34 (2) (intro.) of the statutes is amended to read:

SB565,,137 230.34 (2) (intro.) Employees with permanent status in class in permanent, sessional and seasonal positions in the classified service and employees serving a probationary period in such positions after promotion or transfer may be laid off because of a reduction in force due to a stoppage or lack of work or funds or owing to material changes in duties or organization but only after all original appointment probationary and limited term employees in the classes used for layoff, are terminated.

SB565,74 Section 74. 230.34 (2) (a) of the statutes is repealed and recreated to read:

SB565,,139 230.34 (2) (a) The order of layoff of such employees may be determined by seniority or performance or a combination thereof or by other factors.

SB565,75 Section 75. 230.34 (2) (b) of the statutes is repealed and recreated to read:

SB565,,141 230.34 (2) (b) The director shall promulgate rules governing layoffs and appeals therefrom and alternative procedures in lieu of layoff to include voluntary and involuntary demotion and the exercise of a displacing right to a comparable or lower class, as well as the subsequent employee right of restoration or eligibility for reinstatement.

SB565,76 Section 76. 230.35 (3) (d) of the statutes is amended to read:

SB565,,143 230.35 (3) (d) Employees of the state are entitled to reasonable paid leaves of absence to compete in promotional evaluations examinations and interviews. The administrator shall promulgate rules governing the lengths of time allowable for such leaves, their frequency and the provisions for their use.

SB565,77 Section 77. 230.37 (1) of the statutes is amended to read:

SB565,,145 230.37 (1) In cooperation with appointing authorities the administrator shall establish an employee performance evaluation program to provide a continuing record of employee development and, when applicable, to serve as a basis for pertinent personnel actions. Under the employee performance evaluation program established under this subsection, the administrator shall require each appointing authority to conduct at least an annual performance evaluation of each employee appointed by the appointing authority. Similar evaluations shall be conducted during the probationary period but may not infringe upon the authority of the appointing authority to retain or dismiss employees during the probationary period.

SB565,78 Section 78. 230.40 (3) of the statutes is created to read:

SB565,,147 230.40 (3) A person who separates from the classified service to fill an elective position shall have reinstatement privileges for 5 years following termination from the classified service or for one year following termination from the elective position, whichever is longer.

SB565,79 Section 79. 230.43 (1) (title) of the statutes is amended to read:

SB565,,149 230.43 (1) (title) Hiring process; obstruction Obstruction or falsifications of examinations.

SB565,80 Section 80. 230.43 (1) (am) of the statutes is amended to read:

SB565,,151 230.43 (1) (am) Willfully defeats, deceives or obstructs any person in respect of the rights of application examination or registration under this subchapter or any rules prescribed pursuant thereto.

SB565,81 Section 81. 230.43 (1) (b) of the statutes is amended to read:

SB565,,153 230.43 (1) (b) Willfully or corruptly, falsely marks, grades, estimates, or reports upon an application or resume examination, or proper standing of any person evaluated examined, registered, or certified, pursuant to this subchapter, or aids in so doing.

SB565,82 Section 82. 230.43 (1) (c) of the statutes is amended to read:

SB565,,155 230.43 (1) (c) Willfully or corruptly makes any false representations concerning the same, or concerning an applicant the person examined.

SB565,83 Section 83. 230.43 (1) (d) of the statutes is amended to read:

SB565,,157 230.43 (1) (d) Willfully or corruptly furnishes any person any special or secret information for the purpose of either improving or injuring the prospects or chances of any persons so evaluated examined, registered, or certified, being appointed, employed, or promoted.

SB565,84 Section 84. 230.43 (1) (e) of the statutes is amended to read:

SB565,,159 230.43 (1) (e) Personates any other person, or permits or aids in any manner any other person to personate him or her in connection with any examination, registration, application, or request to be evaluated examined or registered.

SB565,85 Section 85. 230.43 (5) of the statutes is amended to read:

SB565,,161 230.43 (5) Taxpayers’ suits. The right of any taxpayer to bring any action to restrain the payment of compensation to any person appointed to or holding any office or place of employment in violation of this subchapter shall not be limited or denied by reason of the fact that the office or place of employment has been classified as, or determined to be, not subject to a competitive hiring process examination; however, any judgment or injunction in any such action shall be prospective only, and shall not affect payments already made or due to such persons by the proper disbursing officers, in accordance with the rules of the administrator in force at the time of such payments.

SB565,86 Section 86. 230.44 (1) (c) of the statutes is amended to read:

SB565,,163 230.44 (1) (c) Demotion, layoff, suspension or discharge. If an employee has permanent status in class, or an employee has served with the state as an assistant district attorney or an assistant state public defender for a continuous period of 12 months or more, the employee may appeal a demotion, layoff, suspension, discharge or reduction in base pay to the commission as the final step in the state employee grievance process procedure established under s. 230.445 230.04 (14), if the appeal alleges that the decision was not based on just cause.

SB565,87 Section 87. 230.44 (1) (e) of the statutes is amended to read:

SB565,,165 230.44 (1) (e) Discretionary performance awards. This subsection does not apply to decisions of an appointing authority relating to discretionary performance awards under s. 230.12 (5) or under the discretionary merit award program established under s. 230.04 (19), including the evaluation methodology and results used to determine the award or the amount awarded.

SB565,88 Section 88. 230.445 of the statutes is repealed.

SB565,89 Section 89. 321.65 (3) (g) of the statutes is amended to read:

SB565,,168 321.65 (3) (g) Veterans preferences. The right of a person to reemployment under this subsection does not entitle the person to retention, preference, or displacement rights over any person who has a superior claim under s. 45.03 (4), 62.13 (4) (d), 63.08 (1) (f) or (fm), 63.37, 63.39 (2m), 66.0509 (1), 230.15 (2m), 230.16 (7) or (7m), 230.21 (1m), 230.25, or 230.275.

SB565,90 Section 90. 323.2915 (1) and (2) of the statutes are amended to read:

SB565,,170 323.2915 (1) Notwithstanding s. 230.445 (2) and (3), 2021 stats., an employee does not waive his or her right to appeal an adverse employment decision if the employee does not timely file the complaint or appeal during the public health emergency declared on March 12, 2020, by executive order 72. The tolling period under s. 230.445 (3) (a) 1., 2021 stats., begins 14 days after the termination of such public health emergency.

SB565,,171 (2) Notwithstanding s. 230.445 (3) (a) 2., 2021 stats., an appointing authority or his or her designee is not required to meet with a complainant in person during the public health emergency declared on March 12, 2020, by executive order 72, when conducting an investigation under s. 230.445 (3) (a) 2., 2021 stats.

SB565,91 Section 91. Initial applicability.

SB565,,173 (1) Hiring preferences for veterans. The treatment of ss. 63.08 (1) (fm) and 230.25 (1g) and (1m) first applies to a position that is posted on the effective date of this subsection.