The secretary shall review and either approve or disapprove each determination by an agency head regarding the classification of a state employe as a protective occupation participant for purposes of the Wisconsin retirement system.
History: 1977 c. 196
, 130 (11)
; 1977 c. 418
; 1981 c. 20
; 1983 a. 27
; 1987 a. 27
; 1989 a. 31
; 1991 a. 101
; 1995 a. 289
; 1997 a. 27
Declaration of policy.
In order to promote efficiency and economy in the operation of the state government, to provide means for the development of maximum proficiency by employes thereof, to establish and maintain the highest standards of performance in the transaction of the state's business, and to install and utilize effectively the best modern practices and techniques which have been developed, tested and proved, it is necessary and desirable in the public interest that self-improvement be supplemented and extended by state-sponsored training programs. The objective of these programs is to develop skills, knowledge, and abilities which will best qualify state employes for effective performance of their official duties, and to retain skilled and efficient state employes in order to continually improve the quality of public service.
(2) Supervisory training.
After initial appointment to a supervisory position, the appointing authority shall ensure that each classified service supervisor successfully completes a supervisory development program approved by the secretary. A waiver of any part of the probationary period under s. 230.28 (1) (c)
may not be granted before completion of the development program. The program shall include such subjects as state personnel policies, grievance handling, discipline, performance evaluation, understanding the concerns of state employes with children, the supervisor's role in management and the concept of the total quality leadership process, including quality improvement through participatory management.
(3) Training programs.
The secretary, pursuant to sub. (5)
, may authorize appointing authorities to:
Provide off-the-job specialized training courses during working hours to designated employes without loss of pay.
Provide specialized training to qualified persons through educational stipends in lieu of pay, but in no event shall a monthly stipend exceed the minimum pay of the position for which training is undertaken.
Provide specialized training to designated employes through assignment to research projects, prescribed courses of study, institutes and short courses which are related to the performance of official duties and to pay the cost of required tuition and other necessary fees and expense in connection therewith.
Conduct on-the-job courses of instruction deemed necessary for the efficient performance of agency functions and to pay honorariums to qualified experts instructing in such courses.
Conduct other training programs consistent with the standards set by this section.
(4) Records of training program participation.
Each agency shall adopt a standardized system for measuring, recording, reporting, accumulating and recognizing employe participation in its training program. The system may not take effect until approved by the secretary.
(5) Initiation of programs.
Unless otherwise empowered by law, any agency desiring to initiate a training program under sub. (3)
shall certify to the secretary that:
Unencumbered appropriated funds are available or funds have been so provided by the joint committee on finance;
Training costs estimated to exceed $500, excluding the compensation of participants, have been included in the budget and approved by the legislature or the joint committee on finance, and such costs will be encumbered for training purposes on the records of the agency;
An agreement has been entered into by the trainee and the appointing authority relative to employment with the state, together with such other terms and conditions as may be necessary under the rules of the secretary whenever on-the-job trainees are employed; and
The immediate and necessary work requirements of the agency will not be seriously handicapped because of such training program.
(6) Gifts and grants.
Nothing in this section shall nullify the acceptance or the special conditions of training programs financed by gifts, grants, bequests and devises from individuals, partnerships, associations, limited liability companies or corporations and all subventions from the United States, unless such financing has been refused by the state under s. 16.54
(7) Establish internships.
The secretary shall establish in the classified service in-service training internships designed to give rigorous training in public service administration for periods not to exceed 3 years under the direct supervision of experienced administrators.
(8) Cooperate for scholarship loans.
To stimulate the interest of qualified students of exceptional merit in government career service, the secretary shall cooperate with the board of regents of the university of Wisconsin system in providing opportunities for recipients of public service scholarship loans to secure employment under the internship plan.
(9) Tuition refund program.
The secretary may establish by rule in the classified service a tuition refund program to supplement departmental training, to encourage employe job-related development and, upon satisfactory completion of training under this program to refund to the employe, an amount not to exceed the cost of tuition and necessary fees.
In this subsection, "local governmental unit" means a political subdivision of this state, a special purpose district in this state, an agency or corporation of such a political subdivision or special purpose district, or a combination or subunit of any of the foregoing.
Conduct off-the-job employe development and training programs and in cooperation with the appointing authorities shall coordinate state-sponsored employe development training programs.
Offer employe development and training programs under subd. 1.
to employes of local governmental units, if the employes of the local governmental units are enrolled only as space is available and the local governmental units pay the same fees for the program as are charged for state employes.
Charge fees to state agencies and local governmental units whose employes participate in employe development and training programs under this subsection.
The secretary shall promulgate rules for the implementation of this section.
Temporary interchange of employes. 230.047(1)
Declaration of policy.
Intergovernmental cooperation, including that specified in the intergovernmental personnel act of 1970, P.L. 91-648
, 84 Stat. 1909, is an essential factor in resolving problems affecting this state. The interchange of personnel on a temporary basis between and among governmental agencies at the same or different levels of government and with institutions of higher education is a significant factor in achieving such cooperation.
For the purposes of this section:
"Local government" means any political subdivision, instrumentality or authority of a state or any general or special purpose agency of such a political subdivision, instrumentality or authority.
"Receiving agency" means any department or agency of a foreign government, the federal government or a state or local government, an institution of higher education or other municipal corporate agency which receives an employe of another agency under this section.
"Sending agency" means any department or agency of a foreign government, the federal government or a state or local government, an institution of higher education or other municipal corporate agency which sends any employe thereof to another agency under this section.
(3) Authority to interchange employes.
Any department, agency or instrumentality of the state, or institution of higher education or any local government or other municipal corporate agency is authorized to participate in a program of interchange of employes with departments, agencies or instrumentalities of a foreign government, the federal government, another state or local government, an institution of higher education, other municipal corporate agencies or other agencies or instrumentalities of this state as a sending or receiving agency.
Employes of a sending agency participating in an exchange of personnel as authorized in sub. (3)
, during such participation, are on detail to regular work assignments of the receiving agency.
Employes who are on detail are entitled to the same salary and benefits to which they would otherwise be entitled and shall remain employes of the sending agency for all purposes, including the payment of their salaries, and their continuous service benefits except that the supervision of their duties during the period of detail may be governed by agreement between the sending agency and the receiving agency, and except that a receiving agency other than a receiving agency of this state may provide supplemental salary and benefits to the employe for the duration of the interchange.
Any employe who participates in an exchange under the terms of this section who suffers disability or death as a result of personal injury arising out of and in the course of an exchange, or sustained in performance of duties in connection therewith, for the purposes of ch. 102
, is an employe of the sending agency.
(5) Travel expenses of employes.
A sending agency of the state shall not pay the travel expenses of its employes incurred in connection with their work assignments at the receiving agency.
(6) Status of employes of other governments. 230.047(6)(a)(a)
When any department, agency or instrumentality of this state acts as a receiving agency, employes of the sending agency who are assigned under authority of this section are on detail to the receiving agency.
Employes who are detailed to the receiving agency shall not by virtue of such detail be considered to be employes thereof, nor shall they be paid a salary or wage by the receiving agency during the period of their detail. The supervision of the duties of such employes during the period of detail may be governed by agreement between the sending agency and the receiving agency.
(7) Travel expenses of employes of other governments.
A receiving agency of the state may, in accordance with the travel regulations of such agency, pay travel expenses of persons assigned thereto under this section during the period of such assignments on the same basis as if they were regular employes of the receiving agency.
The secretary shall promulgate rules for the operation and implementation of this section. The rules shall prescribe the duration, terms and conditions of such interchange.
Any funds received by a sending agency of the state from a receiving agency as reimbursement for salary expenditures made under an employe interchange agreement shall be credited to the appropriation from which the expenditures were paid.
A receiving agency of the state may, in accordance with the salary provisions of the sending agency, reimburse the sending agency for salary and fringe benefit expenditures for employes on detail to the receiving agency.
History: 1971 c. 270
; Stats. 1971 s. 16.24; 1975 c. 147
; 1977 c. 196
; Stats. 1977 s. 230.047; 1979 c. 89
; 1983 a. 27
; 1991 a. 75
Powers and duties of the administrator. 230.05(1)
All powers necessary for the effective administration of the duties specified for the administrator under this subchapter are reserved to the administrator.
Except as provided under par. (b)
, the administrator may delegate, in writing, any of his or her functions set forth in this subchapter to an appointing authority, within prescribed standards if the administrator 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 administrator determines that any agency is not performing such delegated function within prescribed standards, the administrator shall withdraw such delegated function. The administrator may order transfer to the division 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 division 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 personnel commission under s. 230.44 (1) (a)
. The administrator shall be a party in such appeal.
The administrator 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 administrator 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 administrator 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 administrator and the rules prescribed thereunder. Any action brought against the appointing authority for failure to comply with the order of the administrator shall be brought and served within 60 days after the date on which the administrator's order was issued. Such orders may be appealed to the commission under s. 230.44 (1) (a)
The administrator shall promulgate rules for the effective operation of the provisions of this subchapter for which responsibility is specifically charged to the administrator. 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 administrator may seek the prior advice and counsel of agency heads in the formulation of policies and procedures concerning the duties specified for the administrator under this subchapter.
The administrator shall use techniques and procedures designed to certify eligible applicants to any vacant permanent position within 45 days after the filing of an appropriate request by an appointing authority.
The administrator may provide any personnel services to nonstate governmental units and may charge the nonstate governmental units for providing the services.
An agency cannot prohibit classified employes 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 employes, designate their titles, assign their duties and fix their compensation, all subject to this subchapter and the rules prescribed thereunder.
Provide the secretary with current information relative to the assignment of duties to permanent classified positions in his or her agency.
Report promptly to the secretary or the administrator any information the secretary 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 employe status.
When requested by the secretary or the administrator, provide reports on employe work performance and any other records or information the secretary or administrator requires to carry out this subchapter.
Prepare an affirmative action plan which complies with the standards established by the secretary 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 employes, create an affirmative action advisory committee which shall advise the appointing authority concerning programs designed to ensure equal opportunity to all employes, 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 employe for the secretary's report under s. 230.04 (9r)
within 30 days after the disabled employe is appointed, and at other times at the request of the secretary.
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 secretary or administrator prescribes.
Classification of civil service. 230.08(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 employes 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) (g)
where competitive examination is impractical.