Wisconsin Statutes 230.15 – Appointments, promotions, changes in classified service
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Terms Used In Wisconsin Statutes 230.15
- Administrator: means the administrator of the division. See Wisconsin Statutes 230.03
- Agency: means any board, commission, committee, council, or department in state government or a unit thereof created by the constitution or statutes if such board, commission, committee, council, department, unit, or the head thereof, is authorized to appoint subordinate staff by the constitution or statute, except the Board of Regents of the University of Wisconsin System, a legislative or judicial board, commission, committee, council, department, or unit thereof or an authority created under subch. See Wisconsin Statutes 230.03
- appointing authority: means the chief administrative officer of an agency unless another person is authorized to appoint subordinate staff in the agency by the constitution or statutes. See Wisconsin Statutes 230.03
- Classified service: means the classified service of the civil service. See Wisconsin Statutes 230.03
- Director: means the director of the bureau. See Wisconsin Statutes 230.03
- Disabled veteran: means a veteran who has a service-connected disability. See Wisconsin Statutes 230.03
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
- Position: means a group of duties and responsibilities in either the classified or the unclassified divisions of the civil service, which require the services of an employee on a part-time or full-time basis. See Wisconsin Statutes 230.03
- Promulgate: when used in connection with a rule, as defined under…. See Wisconsin Statutes 990.01
- Qualified: when applied to any person elected or appointed to office, means that such person has done those things which the person was by law required to do before entering upon the duties of the person's office. See Wisconsin Statutes 990.01
- State: when applied to states of the United States, includes the District of Columbia, the commonwealth of Puerto Rico and the several territories organized by Congress. See Wisconsin Statutes 990.01
- Unclassified service: means the unclassified service of the civil service. See Wisconsin Statutes 230.03
(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. The director may waive competitive procedures for appointments made under subs. (1m) and (2) and shall waive competitive procedures for appointments made under sub. (2m).
(1m)
(a) Whenever the state becomes responsible for a function previously administered by another governmental agency or a quasi-public or private enterprise, or when positions in the unclassified service, excluding employees of the legislature, are determined to be more appropriately included in the classified service, the affected positions shall be included in the classified service.
(b) Whenever a position is included in the classified service under par. (a), the administrator shall determine all of the following:
1. The classification of the position.
2. If the incumbent employee is certified under par. (c), the pay, employee benefits and status under s. 230.35 appropriate for the employee.
(c)
1. Whenever a position is included in the classified service under par. (a), the director may waive the requirement for competitive procedures under sub. (1) with respect to the position and certify the incumbent employee for appointment to the position in accordance with subd. 2.
2. The director may certify an incumbent employee as eligible for appointment under subd. 1. if the director determines on the basis of sound personnel management practices that the incumbent is qualified for the position included in the classified service.
3. If an employee is appointed after being certified under subd. 2., the director shall determine the employee’s probationary status under s. 230.28, except that the employee shall receive credit toward his or her probationary period for the time that the employee had been employed in the position immediately prior to appointment.
(2) If a vacancy occurs in a position in the classified service when peculiar and exceptional qualifications of a scientific, professional, or educational character are required, and if presented with satisfactory evidence that for specified reasons competition in such special cases is impracticable, and that the position can best be filled by the selection of some designated person of high and recognized attainments in such qualities, the director may waive competition requirements unless the vacancy is to be filled by promotion.
(2m) If a vacancy occurs in a position in the classified service and the director is notified by an appointing authority that the position is to be filled by a disabled veteran under s. 230.275, the director shall waive all competition requirements for filling the position.
(3) No person shall be appointed, transferred, removed, reinstated, restored, promoted or reduced in the classified service in any manner or by any means, except as provided in this subchapter.
(4) The director and the Board of Regents of the University of Wisconsin System and the chancellor of the University of Wisconsin-Madison shall enter into a memorandum of understanding to permit employees of the University of Wisconsin System who are appointed to positions in agencies to receive credit for their years of service with the University of Wisconsin System for purposes of transferring continuous service benefits, including accumulated sick leave. The director shall promulgate rules necessary to implement the provisions of the memorandum of understanding.
(6) Annually, each appointing authority shall submit a report to the director and the administrator indicating the number of days it took to make an offer of employment for a vacant position after receiving from the director a list of names of individuals who are certified for appointment to the position.
(7) An appointing authority may not make an offer of employment to any individual who currently holds a position unless the appointing authority has reviewed the personnel file of the individual.