20.921 HistoryHistory: 1971 c. 214, 270, 336; Sup. Ct. Order, 67 Wis. 2d 585, 773 (1975); 1977 c. 29 s. 1649; 1977 c. 418; 1981 c. 20, 187; 1983 a. 368; 1985 a. 29 s. 3202 (23) (d); 1987 a. 111, 391, 399; 1989 a. 278, 336; 1991 a. 316; 1993 a. 481; 1995 a. 27; 1997 a. 191, 237; 1999 a. 9, 32, 83; 2005 a. 443 s. 265; 2007 a. 20; 2011 a. 10, 32; 2013 a. 20. 20.921 Cross-referenceCross-reference: See also ch. Adm 30, Wis. adm. code. 20.92220.922 Appointment of subordinates. 20.922(1)(1) Unless otherwise provided by law, each state agency may appoint such deputies, assistants, experts, clerks, stenographers or other employees as are necessary for the execution of its functions, and to designate the titles, prescribe the duties, and fix the compensation of such subordinates, but these powers shall be exercised subject to the state civil service law, unless the position filled has been expressly exempted from the operation of ch. 230 and subject, also, to the approval of such other officer or body as is prescribed by law. If a state agency contains a board or commission which is authorized to appoint an executive officer by whatever name called, the appointing power resides in the executive officer and the board or commission has no further appointing power except as it is specifically given such power. 20.922(2)(2) Notwithstanding ss. 230.047 and 230.29, when an appointing authority determines and declares in writing to the governor that an emergency exists which is the result of natural or human causes which adversely affects the effective administration of state agency program functions that are necessary to the well-being of the citizens of this state, the appointing authority may temporarily assign work to employees which is not normally performed by them or described by their position classifications. Such temporary assignments during these emergencies may not exceed 72 hours unless an extension is approved by the governor or his or her designee. 20.922 HistoryHistory: 1977 c. 196 s. 131; 1977 c. 418. 20.92320.923 Statutory salaries. The purpose of this section is to establish a consistent and equitable salary setting mechanism for all elected officials, appointed state agency heads, division administrators and other executive-level unclassified positions. All such positions shall be subject to the same basic salary establishment, implementation, modification, administrative control and application procedures. The salary-setting mechanism contained in this section shall be directed to establishing salaries that are determined on a comprehensive systematic basis, bear equitable relationship to each other and to the salaries of classified service subordinates, and be reviewed and established with the same frequency as those of state employees in the classified service. 20.923(1)(1) Establishment of executive salary groups. To this end, a compensation plan consisting of 10 executive salary groups is established in schedule one of the state compensation plan for the classified service from ranges 18 through 27. No salary range established above salary range 23 may be utilized in the establishment and compensation of positions in the classified service without specific approval of the joint committee on employment relations. The dollar value of the salary range minimum and maximum for each executive salary group shall be reviewed and established in the same manner as that provided for positions in the classified service under s. 230.12 (3). The salary-setting authority of individual boards, commissions, elective and appointive officials elsewhere provided by law is subject to and limited by this section, and the salary rate for these positions upon appointment and subsequent thereto shall be set by the appointing authority pursuant to this section, except as otherwise required by article IV, section 26, of the constitution. 20.923(2)(2) Constitutional officers and other elected state officials. 20.923(2)(a)(a) The annual salary for each elected state official position shall be set at the dollar value for the point of the assigned salary range for its respective executive salary group specified in this subsection in effect at the time of taking the oath of office, except as provided in par. (b) and s. 978.12 (1) (a). No adjustment to the salary of an official enumerated in this subsection is effective until it is authorized under article IV, section 26, of the constitution. 20.923(2)(b)(b) The annual salary of each state senator, representative to the assembly, justice of the supreme court, court of appeals judge and circuit judge shall be reviewed and established in the same manner as provided for positions in the classified service under s. 230.12 (3). 20.923(2)(c)(c) The annual salary of the governor shall be set at 21.6 percent above the minimum of the salary range for executive salary group 10. 20.923(2)(e)(e) The annual salary of the attorney general shall be set at 18 percent above the minimum of the salary range for executive salary group 10. 20.923(2)(f)(f) The annual salary of the state superintendent of public instruction shall be set at 27.4 percent above the minimum of the salary range for executive salary group 7. 20.923(2)(g)(g) The annual salary of the lieutenant governor shall be set at 1.9 percent above the minimum of the salary range for executive salary group 4. 20.923(2)(h)(h) The annual salary of the secretary of state shall be set at 15.4 percent above the minimum of the salary range for executive salary group 1. 20.923(2)(i)(i) The annual salary of the state treasurer shall be set at 15.4 percent above the minimum of the salary range for executive salary group 1. 20.923(3)(3) Justices and judges. The annual salary for any supreme court justice or judge of the court of appeals or circuit court shall be established under sub. (2), except that any compensation adjustments granted under s. 230.12 shall not become effective until such time as any justice or judge takes the oath of office. 20.923(4)(4) State agency positions. State agency heads, the director of the bureau of merit recruitment and selection in the department of administration and commission chairpersons and members shall be identified and limited in number in accordance with the standardized nomenclature contained in this subsection, and shall be assigned to the executive salary groups listed in pars. (a) to (h). Except for positions specified in pars. (c) 3m. and (g) 1e. and sub. (12), all unclassified division administrator positions enumerated under s. 230.08 (2) (e) shall be assigned, when approved by the joint committee on employment relations, by the administrator of the division of personnel management in the department of administration to one of 10 executive salary groups. The joint committee on employment relations, by majority vote of the full committee, may amend recommendations for initial position assignments and changes in assignments to the executive salary groups submitted by the administrator of the division of personnel management in the department of administration. All division administrator assignments and amendments to assignments of administrator positions approved by the committee shall become part of the compensation plan. Whenever a new unclassified division administrator position is created, the appointing authority may set the salary for the position until the joint committee on employment relations approves assignment of the position to an executive salary group. If the committee approves assignment of the position to an executive salary group having a salary range minimum or maximum inconsistent with the salary paid to the incumbent at the time of such approval, the incumbent’s salary shall be adjusted by the appointing authority to conform with the committee’s action, effective on the date of that action. Positions are assigned as follows: 20.923(4)(a)(a) Positions assigned to executive salary group 1: 20.923(4)(a)2m.2m. Corrections, department of: director of prison industries. 20.923(4)(b)(b) Positions assigned to executive salary group 2: 20.923(4)(c)(c) Positions assigned to executive salary group 3: 20.923(4)(c)1.1. Administration, department of: director of federal-state relations office. 20.923(4)(c)1m.1m. Administration, department of: regional directors of intergovernmental affairs. 20.923(4)(c)2.2. Administration, department of; office of business development: director. 20.923(4)(c)3m.3m. Administration, department of; division of personnel management; bureau of merit recruitment and selection: administrator. 20.923(4)(c)5.5. Justice, department of: executive director of the office of crime victim services. 20.923(4)(c)6.6. Justice, department of: director of the office of school safety. 20.923(4)(c)6m.6m. Public instruction, department of; office of literacy: director. 20.923(4)(c)7.7. Revenue, department of; division of alcohol beverages: administrator. 20.923(4)(d)(d) Positions assigned to executive salary group 4: 20.923(4)(d)1.1. Administration, department of; tax appeals commission: chairperson and members. The chairperson of the commission and the governor, at the time a new member is appointed, shall jointly determine the salary of the new member within the range for this group. 20.923(4)(e)(e) Positions assigned to executive salary group 5: 20.923(4)(e)3.3. Workforce development: employment and training: executive director. 20.923(4)(e)4.4. Administration, department of: labor and industry review commission: member and chairperson. 20.923(4)(e)11.11. Public service commission; office of the commissioner of railroads: commissioner. 20.923(4)(f)(f) Positions assigned to executive salary group 6: 20.923(4)(f)1.1. Administration, department of; division of personnel management: administrator. 20.923(4)(f)2.2. Agriculture, trade and consumer protection, department of: secretary. 20.923(4)(f)6f.6f. Legislature; legislative human resources office: director. 20.923(4)(f)6n.6n. Legislature, legislative technology services bureau: director. 20.923(4)(f)8h.8h. Public service commission: chairperson and commissioners. 20.923(4)(f)8m.8m. Safety and professional services, department of: secretary. 20.923(4)(g)(g) Positions assigned to executive salary group 7: 20.923(4)(g)1e.1e. Administration, department of; division of enterprise technology: administrator. 20.923(4)(h)(h) Positions assigned to executive salary group 8: 20.923(6)(6) Salaries set by appointing authorities. Salaries for the following positions may be set by the appointing authority, subject to restrictions otherwise set forth in the statutes and the compensation plan under s. 230.12, except where the salaries are a subject of bargaining with a certified representative of a collective bargaining unit under s. 111.91: 20.923(6)(ac)(ac) Administration, department of: deputy and assistant district attorneys. 20.923(6)(ah)(ah) Administration, department of; federal-state relations office: director and staff assistant. 20.923(6)(aj)(aj) Administration, department of; interagency council on homelessness: director. 20.923(6)(aL)(aL) Administration, department of: director of Indian gaming, and the attorney appointed under s. 569.015 (2). 20.923(6)(am)(am) Each elective executive officer, except the secretary of state and the state treasurer: a stenographer. 20.923(6)(as)(as) Each elective executive officer other than the state treasurer, secretary of state, attorney general and superintendent of public instruction: a deputy or assistant. 20.923(6)(b)(b) Educational communications board: unclassified professional staff. 20.923(6)(bd)(bd) Children and families, department of: director of the office of urban development.
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