Chapter 230

230.16 Cross-reference Cross-reference: See also ch. ER-MRS 6, Wis. adm. code.

230.16 Annotation A Massachusetts civil service preference for veterans did not deny equal protection to women. Personnel Administrator of Mass. v. Feeney, 442 U.S. 256 (1979).

230.17 230.17 Applicants and eligibles may be barred; bonds may be required.

230.17(1) (1) The director shall provide by rule, the conditions, not otherwise provided by law, under which an eligible may be 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.

230.17(2) (2) If the director refuses 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 certify. Applicants may appeal to the commission the decision of the director to refuse to 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.

230.17(3) (3) When any position to be filled involves fiduciary responsibility, the appointing authority shall conduct a criminal history background check before offering employment to an applicant for the position. If otherwise permitted by law, the appointing authority may require the appointee to furnish bond or other security, and shall notify the director of the amount and other details thereof. Any surety company authorized to do business in this state shall be a sufficient security on any such bond.

230.17 History History: 1971 c. 270; 1977 c. 196 ss. 42, 130 (5); Stats. 1977 s. 230.17; 1983 a. 453; 1995 a. 27 s. 9126 (19); 1999 a. 87; 2005 a. 350; 2007 a. 20 s. 9121 (6) (a); 2015 a. 55, 150.

230.18 230.18 Discrimination prohibited. No question in any form of application or in any evaluation used in the hiring process 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, 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.

230.18 History History: 1971 c. 270; 1977 c. 196 s. 43; Stats. 1977 s. 230.18; 1981 c. 112, 391; 1999 a. 87; 2015 a. 55, 150.

230.19 230.19 Promotion. The director 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.

230.19 History History: 1971 c. 270 s. 50; 1977 c. 196 ss. 44, 112; 1983 a. 402; 1987 a. 32; 1989 a. 31; 1999 a. 87; 2015 a. 55, 150.

230.19 Cross-reference Cross-reference: See also ch. ER-MRS 14, Wis. adm. code.

230.20 230.20 Recommendations.

230.20(1) (1) Selection of classified state employees shall be based solely on merit and no employment recommendation shall be based on political or religious affiliations or on membership in associations not primarily related to merit in employment.

230.20(2) (2) An appointing authority may consider only those recommendations which he or she believes provide an objective evaluation of an applicant’s character, training, experience, skills or abilities as they relate to the requirements for the position.

230.20 History History: 1971 c. 270; 1977 c. 196 s. 45; 1977 c. 273; Stats. 1977 s. 230.20; 1999 a. 102.

230.21 230.21 Unskilled labor and critical recruitment selection.

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

230.21(1m) (1m) 

230.21(1m)(a) (a) If the director uses the method of random certification to determine which applicants for an unskilled labor or service position will receive further consideration for the position, the director shall do all of the following:

230.21(1m)(a)1. 1. Engage in expanded certification by certifying additional names as provided in s. 230.25 (1n).

230.21(1m)(a)2. 2. Additionally certify up to 3 names of persons who are veterans.

230.21(1m)(b) (b) If the director uses the method of random certification to determine which applicants for an unskilled labor or service position will receive further consideration for the position and the appointing authority does not select a veteran or a person the hiring of whom would serve affirmative action purposes, the appointing authority shall make and retain a written record of the appointing authority’s reasons for selecting the person who was appointed. The appointing authority shall make the written records available to the division and annually submit a report to the division summarizing the reasons contained in the written records.

230.21(2) (2) The director may designate classifications in which applicants are in critically short supply and may develop such recruitment 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.

230.21(3) (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 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.

230.21 History History: 1971 c. 270; 1977 c. 196 ss. 45, 130 (3), (5); Stats. 1977 s. 230.21; 1983 a. 333; 1991 a. 39, 101; 1997 a. 307; 2003 a. 33; 2015 a. 55, 150.

230.21 Cross-reference Cross-reference: See also ch. ER-MRS 7, Wis. adm. code.

230.212 230.212 Veterans homes recruiting.

230.212(1) (1) The director shall use techniques and procedures designed to certify eligible applicants to any vacant permanent position at a veterans home, as defined in s. 45.01 (12m), within 7 business days after the filing of an appropriate request from the department of veterans affairs. Notwithstanding s. 230.25 (3), the director shall maintain a register of certified eligible applicants for veterans homes until notified by the department of veterans affairs that the department no longer needs that register of certified eligible applicants.

230.212(2) (2) The director shall allow a veterans home, as defined in s. 45.01 (12m), to fill permanent vacant positions for nurses, nurse aides, medical assistants, and dietitians who are graduates of an institution of higher education or completed an instructional or training program in this state without using the procedures established under this subchapter if all of the following apply:

230.212(2)(a) (a) The offer of employment is made before the individual graduates from the institution of higher education or completes a training or instructional program.

230.212(2)(b) (b) For a nursing position, the individual is eligible to be licensed under ch. 441.

230.212(2)(c) (c) For a nurse aide position, the instructional program the individual completed was approved under s. 146.40 (3) or (3g).

230.212(2)(d) (d) For a medical assistant position, the training program the individual completed was accredited by the National Commission for Certifying Agencies, a national medical association, or a state medical association.

230.212(2)(e) (e) For a dietitian position, the individual is eligible to be certified under subch. V of ch. 448.

230.212(2)(f) (f) The offer of employment is contingent upon graduation or successful completion of a training program.

230.212 Note NOTE: Par. (f) was created as par. (e) by 2023 Wis. Act 206 and renumbered to par. (f) by the legislative reference bureau under s. 13.92 (1) (bm) 2.

230.212(3) (3) Notwithstanding s. 230.16, the director shall exempt from rating panels and interview panels any applicant for a position that is not supervisory and that provides direct care to a resident of a veterans home, as defined in s. 45.01 (12m).

Effective date note NOTE: This section is repealed eff. 1-1-29 by 2023 Wis. Act 206.

230.212 History History: 2023 a. 206; s. 13.92 (1) (bm) 2.

230.213 230.213 Affirmative action procedures for corrections positions. The director may, to meet affirmative action objectives, establish such recruitment 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.

230.213 History History: 1991 a. 39; 1995 a. 27, 225; 2015 a. 55, 150.

230.213 Cross-reference Cross-reference: See also s. ER-MRS 8.01, Wis. adm. code.

230.215 230.215 Part-time employment and flexible-time schedules.

230.215(1) (1) Declaration of policy. The legislature finds and declares:

230.215(1)(a) (a) That employment practices which provide flexibility in scheduling hours of work often result in increased worker productivity, reduced absenteeism, improved employee morale and a more economical and efficient use of energy, highways and other transit systems.

230.215(1)(b) (b) That traditional full-time work patterns fail to meet the needs of many potentially productive citizens who, due to age, health or family circumstances, are effectively prevented from engaging in full-time employment.

230.215(1)(c) (c) That a greater number of permanent part-time employment opportunities are necessary to allow citizens a higher level of participation in the work force and to permit a greater utilization of the skills, talents and abilities of all citizens who want to work.

230.215(1)(d) (d) That it is the intent of the legislature that all agencies of state government participate in developing and creating flexible-time work schedules, additional permanent part-time positions and other alternative work patterns in order to maximize, in a manner consistent with the needs of state service, the employment options available to existing and potential state employees.

230.215(1)(e) (e) That it is the intent of the legislature that all agencies of state government make available permanent part-time employment opportunities in classified positions.

230.215(2) (2) Flexible-time employment scheduling. In this subsection “flexible-time schedule” means a work schedule which includes required days or hours during which an employee subject to the work schedule must be present for work and designated hours during which the employee, with the approval of his or her supervisor, may elect a time of arrival to and departure from work. Every agency shall develop a plan for the establishment of employee flexible-time schedules. The plan shall attempt to maximize efficiency of agency operations, the level of services to the public, energy conservation and employee productivity and shall consider traffic congestion, transit facilities and other relevant factors.

230.215(3) (3) Part-time employment.

230.215(3)(a) (a) An agency may, with the approval of the administrator and with the approval of the secretary of administration under s. 16.50, restructure budgeted permanent positions as such positions become vacant or if an employee voluntarily requests a job-sharing or permanent part-time employment opportunity. No employee occupying a full-time permanent position may be involuntarily terminated, demoted, transferred or reassigned in order to restructure that position for permanent part-time employment and no such employee may be required to accept a permanent part-time position as a condition of continued employment.

230.215(3)(b) (b) If the administrator, upon review of the report submitted under sub. (4), determines that an agency’s past or proposed actions relating to permanent part-time employment opportunities do not adequately reflect the policy under sub. (1) (e), the administrator may recommend procedures designed to enable the agency to effect such policy.

230.215(3)(c) (c) Permanent part-time appointments may be made for any number of hours in excess of 600 hours per year.

230.215(4) (4) Reports. Each agency, in complying with s. 15.04 (1) (d), shall include a report on the progress or failure of the plans of such agency in achieving the policies stated under sub. (1) and shall submit a copy of such report to the administrator.

230.215(5) (5) Nonapplication. Section 230.35 (5) does not apply to employees subject to part-time employment and employee flexible-time scheduling under this section.

230.215 History History: 1977 c. 196; 1979 c. 175 s. 53; 1979 c. 221; 1987 a. 140; 2003 a. 33; 2015 a. 55.

230.22 230.22 Entry professional selection.

230.22(1) (1) The administrator may establish by rule an entry professional class program for use in a wide range of entry professional positions.

230.22(2) (2) In connection with this program the administrator may establish separate classifications and corresponding pay provisions to provide agencies an entry professional program, through which they can compete on campuses and in the labor market for the best available applicants.

230.22(3) (3) Subject to s. 230.275, the director may establish separate recruitment, evaluation and certification procedures for certain entry professional positions. Vacancies in entry professional positions may be limited to persons with a degree from an institution of higher education, as defined in s. 108.02 (18), or a degree under an associate degree program, as defined in s. 38.01 (1).

230.22(4) (4) The director may provide for cooperative programs leading to eligibility for permanent appointment in order to enable institutions of higher education and agencies to attract and train the highest caliber of undergraduate or graduate students for government employment.

230.22 History History: 1971 c. 270; 1977 c. 196 ss. 46, 113, 130 (5); Stats. 1977 s. 230.22; 1983 a. 27 ss. 1612c to 1612e, 2200 (15); 1991 a. 39; 1997 a. 307; 2003 a. 33; 2015 a. 55.

230.22 Cross-reference Cross-reference: See also s. ER-MRS 8.20, Wis. adm. code.

230.24 230.24 Career executive selection.

230.24(1) (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, 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.

230.24(1m) (1m) The policy established by the director under sub. (1) that deals with probation shall provide the option of extending the probationary period for individuals with disabilities, as defined in s. 111.32 (8), who are employees in a manner consistent with s. 230.28 (1) (bm).

230.24(2) (2) An appointing authority shall fill a vacancy in a career executive position using an open competitive process, with due consideration given to affirmative action.

230.24(3) (3) No rule may be adopted after September 15, 1979 which provides for an open enrollment period in the career executive program for incumbents who had an option to enter the program and who exercised the option of remaining outside of the program.

230.24(4) (4) An appointing authority may reassign an employee in a career executive position to a career executive position in any agency if the appointing authority in the agency to which the employee is to be reassigned approves of the reassignment.

230.24 History History: 1971 c. 270; 1977 c. 196 ss. 49, 114, 130 (3), (5); 1979 c. 42; 1983 a. 27, 192; 1987 a. 32; 1989 a. 144; 1997 a. 112; 2003 a. 33; 2011 a. 10; 2015 a. 55, 150.

230.24 Cross-reference Cross-reference: See also chs. ER 30 and ER-MRS 30, Wis. adm. code.

230.25 230.25 Certification, appointments and registers.

230.25(1) (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.

230.25(1g) (1g) After certifying names under sub. (1), the director shall additionally certify the names of the 3 highest ranked disabled veterans whose disability is at least 70 percent and the 3 highest ranked individuals each of whom is the spouse of a disabled veteran whose disability is at least 70 percent.

230.25(1m) (1m) After certifying names under sub. (1), the director shall additionally certify the names of all of the following:

230.25(1m)(a) (a) The 3 highest ranked veterans.

230.25(1m)(b) (b) The 3 highest ranked disabled veterans who are not certified under par. (a).

230.25(1m)(c) (c) The 3 highest ranked individuals each of whom is an unremarried spouse of a veteran who was killed in action.

230.25(1m)(d) (d) The 3 highest ranked individuals each of whom is an unremarried spouse of a veteran who died of a service-connected disability.

230.25(1n) (1n) 

230.25(1n)(a) (a) After certifying names under subs. (1), (1g) and (1m), the director may engage in expanded certification by doing one or more of the following:

230.25(1n)(a)1. 1. Certifying up to 3 names of persons belonging to at least one of one or more specified racial or ethnic groups.

230.25(1n)(a)2. 2. Certifying up to 3 names of persons of a specified gender.

230.25(1n)(a)3. 3. Certifying up to 3 names of persons with a disability.

230.25(1n)(b) (b) The director may certify names under par. (a) 1. or 2. only if an agency requests expanded certification in order to comply with an approved affirmative action plan or program. The director may certify names under par. (a) 3. only if an agency requests expanded certification in order to hire persons with a disability.

230.25(1p) (1p) If an appointing authority appoints a person certified under this section and the person is not a veteran, the spouse of a veteran or a person the hiring of whom would serve affirmative action purposes, the appointing authority shall make and retain a written record of the appointing authority’s reasons for selecting the person who was appointed. The appointing authority shall make the written records available to the division and annually submit a report to the division summarizing the reasons contained in the written records. The division shall annually prepare a report summarizing, for each agency, the reasons contained in the records prepared by appointing authorities under this subsection.

230.25(2) (2)