Except as provided under par. (b)
, the director may delegate, in writing, any of his or her functions set forth in this subchapter to an appointing authority, within prescribed standards if the director finds that the agency has personnel management capabilities to perform such functions effectively and has indicated its approval and willingness to accept such responsibility by written agreement. If the director determines that any agency is not performing such delegated function within prescribed standards, the director shall withdraw such delegated function. The director may order transfer to the bureau from the agency to which delegation was made such agency staff and other resources as necessary to perform such functions if increased staff was authorized to that agency as a consequence of such delegation or if the bureau reduced staff or shifted staff to new responsibilities as a result of such delegation subject to the approval of the joint committee on finance. Any delegatory action taken under this subsection by any appointing authority may be appealed to the commission under s. 230.44 (1) (a)
. The director shall be a party in such appeal.
The director is prohibited from delegating any of his or her final responsibility for the monitoring and oversight of the merit recruitment and selection program under this subchapter.
The director may utilize the services of technical or specialized personnel to assist in implementing and maintaining a sound merit recruitment and selection program. These services may be obtained from persons within or without state service.
The director may issue enforceable orders on all matters relating to the administration, enforcement and effect of the provisions of this subchapter for which responsibility is specifically charged to the director and the rules prescribed thereunder. Any action brought against the appointing authority for failure to comply with the order of the director shall be brought and served within 60 days after the date on which the director's order was issued. Such orders may be appealed to the commission under s. 230.44 (1) (a)
The director shall promulgate rules for the effective operation of the provisions of this subchapter for which responsibility is specifically charged to the director. Notice of the contents of such rules and any modifications thereof shall be given to appointing authorities affected thereby, and such rules and modifications shall also be printed for public distribution.
The director may seek the prior advice and counsel of agency heads in the formulation of policies and procedures concerning the duties specified for the director under this subchapter.
The director shall use techniques and procedures designed to certify eligible applicants to any vacant permanent position within 30 days after the filing of an appropriate request by an appointing authority.
The director may provide any personnel services to nonstate governmental units and may charge the nonstate governmental units for providing the services.
The director may provide any services and materials to agencies and may charge the agencies for providing the services and materials. All moneys received from the charges shall be deposited in the appropriation account under s. 20.505 (1) (kz)
The director shall establish standards for what constitutes a serious violation of the code of ethics for purposes of s. 230.34 (1) (a) 9.
See also ER-MRS
, Wis. adm. code.
The Division of Merit Recruitment and Selection (DMRS) had no authority to control the recruitment process after certification. It was proper to dismiss DMRS as a party to an action alleging discrimination in failing to hire a candidate who had been certified for the position. Balele v. Wisconsin Personnel Commission, 223 Wis. 2d 739
, 589 N.W.2d 418
(Ct. App. 1998), 98-1432
An agency cannot prohibit classified employees from running for nonpartisan office except for certain circumstances. 80 Atty. Gen. 68
Powers and duties of appointing authorities. 230.06(1)(a)
Conform to, comply with, and aid in all proper ways in carrying into effect this subchapter and the rules prescribed thereunder.
Appoint persons to or remove persons from the classified service, discipline employees, designate their titles, assign their duties and fix their compensation, all subject to this subchapter and the rules prescribed thereunder.
Provide the director with current information relative to the assignment of duties to permanent classified positions in his or her agency.
Report promptly to the director or the administrator any information the director or the administrator requires in connection with any delegated personnel function and with each appointment, promotion, demotion, suspension or separation from the service or other change in employee status.
When requested by the director or the administrator, provide reports on employee work performance and any other records or information the director or administrator requires to carry out this subchapter.
Prepare an affirmative action plan which complies with the standards established by the administrator under s. 230.04 (9) (a)
and which sets goals and outlines steps for incorporating affirmative action and principles supporting affirmative action into the procedures and policies of his or her agency.
Ensure that his or her agency complies with its affirmative action plan.
Explore and implement innovative personnel policies to ensure affirmative action.
If his or her agency employs 50 or more employees, create an affirmative action advisory committee which shall advise the appointing authority concerning programs designed to ensure equal opportunity to all employees, applicants for employment and clients of the agency.
Designate an affirmative action officer reporting directly to the appointing authority. The affirmative action officer shall advise and assist the appointing authority in establishing programs to ensure appropriate affirmative action.
Provide information about the employment of each severely disabled employee for the administrator's report under s. 230.04 (9r)
within 30 days after the disabled employee is appointed, and at other times at the request of the administrator.
Prepare a progressive discipline plan that complies with the standards established by the administrator under s. 230.04 (13m)
Prohibit his or her employees from representing themselves by verbal claim, sign, advertisement, letterhead, card, or in any other way as an engineer unless the employee satisfies one of the following:
The employee has a bachelor of science or higher degree in engineering.
Notwithstanding ss. 111.321
, and 111.335
and with the assistance of the department of justice, conduct a background investigation of any person selected to fill a position in the civil service who, in fulfilling the duties of the position, will have access to federal tax information received directly from the federal Internal Revenue Service or from a source that is authorized by the federal Internal Revenue Service. The background investigation may include requiring the person to be fingerprinted on 2 fingerprint cards each bearing a complete set of the person's fingerprints, or by other technologies approved by law enforcement agencies. The department of justice shall submit any such fingerprint cards to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrests and convictions.
Notwithstanding ss. 111.321
, and 111.335
, at any interval determined appropriate by the director, an appointing authority may conduct, in the manner specified in sub. (1) (o)
, additional background investigations of any person for whom an initial background investigation has been conducted under sub. (1) (o)
and background investigations of any other person employed by the appointing authority who, in fulfilling the duties of his or her position, has access to federal tax information received directly from the federal Internal Revenue Service or from a source that is authorized by the federal Internal Revenue Service.
An appointing authority may delegate in writing part or all of his or her power of appointment, including discipline and removal.
All reports and records submitted under sub. (1)
shall be prepared and presented at such times and in such manner as the director or administrator prescribes.
An appointing authority shall maintain permanently an employee's disciplinary records in the employee's personnel file. Unless otherwise ordered by a court or, during the grievance process under s. 230.445
, by the appointing authority, administrator, or commission, or unless otherwise agreed to in a settlement agreement, disciplinary records may not be removed from an employee's personnel file.
Classification of civil service. 230.08(1)(1)
The civil service is divided into the unclassified service and the classified service.
(2) Unclassified service.
The unclassified service comprises positions held by:
All officers and employees of the state appointed by the governor whether subject to confirmation or not, unless otherwise provided.
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 is impractical.
The number of division administrator positions as specified in this paragraph for any board, department or commission as defined in sub. (4) (a)
and s. 15.01 (5)
, and for the historical society with specific functional assignments to be determined by the appointing authority, except as otherwise provided in sub. (4)
or as otherwise provided by law:
The administrator and assistant administrator of the elections commission.
The administrator and assistant administrator of the ethics commission.
All legislative officers and, in addition, policy research personnel, assistants to legislators, research staff assigned to legislative committees, and other persons employed under s. 13.20
The chief and personnel of the legislative reference bureau.
The state auditor and personnel of the legislative audit bureau.
The director and personnel of the legislative fiscal bureau.
The director and personnel of the legislative council staff.
The director and personnel of the legislative technology services bureau.
All deputies of department secretaries appointed under s. 15.04 (2)
, assistant deputy secretaries to department secretaries appointed under s. 15.05 (3)
, and executive assistants appointed by the attorney general, the adjutant general, the director of the technical college system, and the state superintendent of public instruction.
One stenographer appointed by each elective executive officer, except the secretary of state and the state treasurer; and one deputy or assistant appointed by each elective executive officer, except the state treasurer, secretary of state, attorney general, and superintendent of public instruction.
The clerks and other assistants and employees and justices of the supreme court.
The judges, clerks and other assistants and employees of the court of appeals.
The employees of the lower Wisconsin state riverway board.
One deputy of the head of any of the following agencies: