A definition of “compensation plan" is created.
Classifications previously in the Entry Professional Program have been eliminated from it except at an agency's specific request. The program's value as an alternative recruitment and selection program was also diminished when the statutes were changed in 1998 to permit flexible certification for all positions. Thus, the need to provide separate information on the program for the annual affirmative action report no longer exists. The reporting requirement is repealed.
Certification requests are submitted in a variety of forms, both on paper and electronically. This amendment removes references to “a prescribed form", permitting submission of requests in paper or electronic format.
Chs.
ER-MRS 12,
22 and
27 relating to references to “handicap" and “handicapped".
This amendment changes the term “handicap" or “handicapped" to “disability" or “individual with a disability", respectively, in various provisions. These changes are being made to conform with preferred terminology and to be consistent with other references in chapters 111 and 230, Wisconsin Statutes, and the Administrative Code.
Under certain conditions, an appointment from a register must be considered a promotion even though the appointee has reinstatement eligibility to the position being filled. The appointing authority should have the discretion to treat the appointment as a promotion.
Also see explanation under “Chs.
14,
15,
16,
17 and
22, relating to references to the Compensation Plan."
Chs.
14,
15,
16,
17 and
22 relating to references to the Compensation Plan.
Determining the rate of pay on promotion needs to include references to the Compensation Plan. Therefore, related references to s.
ER 29.03 in chs.
ER-MRS 14,
15,
16,
17 and
22 are amended to include the Plan.
A change is necessary to clarify that involuntary transfers are permitted within an employing unit and between employing units of the same agency. This change would clarify that voluntary and involuntary transfers are treated the same.
Also see explanation under “Chs.
14,
15,
16,
17 and
22, relating to references to the Compensation Plan."
Chs.
ER-MRS 16,
22 and
34, relating to references to reinstatement eligibility.
Sections
230.25 (3) (a),
230.31 (1) (intro) and
(a),
230.33 (1) and
230.40 (3), Stats., were amended by
1997 Wisconsin Act 307 to increase the reinstatement eligibility period for state employees from 3 years to 5 years, effective July 5, 1998. Because more than 5 years have elapsed, a distinction between the “old" 3-year eligibility and the “new" 5-year eligibility is no longer necessary. Removal of all provisions noting the distinction is made to improve the readability of the provisions.
Also see explanation under “Chs.
14,
15,
16,
17 and
22, relating to references to the Compensation Plan."
The language is modified to eliminate various requirements that agencies submit copies of transactions to the administrator, specifically when the appointing authority notifies the employee of a demotion or when the employee accepts a demotion within an agency or between agencies. The process will be better served by the appointing authority placing a copy of these transactions in the employee's personnel file.
Also see explanation under “Chs.
14,
15,
16,
17 and
22, relating to references to the Compensation Plan."
The language is amended to eliminate two incorrect references and to clarify application of the rules in certain situations.
Also see explanation under “Chs.
14,
15,
16,
17 and
22, relating to references to the Compensation Plan."
Also see the explanation under “Chs.
ER-MRS 16,
22 and
34, relating to references to reinstatement eligibility".
Also see explanation under “Chs.
12,
22 and
27, relating to references to “handicap" and “handicapped".
The definition of “state property" is updated to clearly include information technology and telecommunications resources.
Also see explanation under “Chs.
12,
22 and
27, relating to references to “handicap" and “handicapped".
The language is modified to eliminate the requirement that the appointing authority submit a copy of the acting assignment notice to the administrator. The process will be better served by the appointing authority placing a copy in the employee's personnel file.
See the explanation under “Chs.
ER-MRS 16,
22 and
34, relating to references to reinstatement eligibility".
Comparison of changes to rules in adjacent states.
This section represents a comparison of the rules involved herein that exist in adjacent states. Rule changes that are for clarification only are not reflected.
1. If you have a special hiring program targeted at entry professional positions, is there a reporting requirement to the Legislature on the activities and results of such a program? If yes, what is required to be reported?
Illinois: No
Iowa: No
Michigan: No
Minnesota: We have no such program.
2. Do your rules allow agencies to submit requests to fill a position by electronic form?
Illinois: Yes
Iowa: Yes
Michigan: State of Michigan has decentralized hiring; Civil Service does not need to approve the filling of positions, however, a current hiring freeze necessitates approval from Budget to fill positions. That form is available online.
Minnesota: Yes, all requests are submitted this way.
4. If an employee is appointed to a higher classification, and the employee has reinstatement eligibility to that position, is it considered a promotion, or does the appointing authority have discretion to consider it a promotion?
Illinois: Promotion
Iowa: No
Michigan: No. They would have to reinstate the employee using the recall list
Minnesota: It is considered a promotion if the higher class is at least two steps higher than the current one.
Chs.
14,
15,
16,
17 and
22 relating to references to the Compensation Plan.
5. Where are pay provisions included for non-union employees – in your rules or a compensation plan?
Illinois: Pay provisions for nonunion employees are within our Pay Plan.
Iowa: Our administrative rules
Michigan:
Pay provisions for non-represented employees are included in civil service rules and in the civil service compensation plan. A coordinated compensation panel sends a “recommended coordinated compensation plan for all nonexclusively represented classified employees to the civil service commission" each year for approval. Further details can be found in Regulation 6.06,
http://www.michigan.gov/mdcs/1,1607,7-147-6877_9788-20144--,00.html
Minnesota: Compensation Plan for unrepresented employees
6. Can employees be involuntarily transferred within an employing unit of any agency or between employing units within an agency?
Illinois: No
Iowa: Yes, we call this a “reassignment".
Michigan: Yes. We refer to this as a lateral job change.
Minnesota: Employees can be reassigned as outlined in our bargaining agreements.
7. Is an agency required to submit a notice to the central HR office of an involuntary or voluntary demotion?
Illinois: Yes
Iowa: No, however, the payroll processing document would need to indicate the reason for the demotion.
Michigan: No
Minnesota: We have an HRIS database, in which all such transactions are recorded.
8. Does your ethics code for civil service employees prohibit the use of IT and telecommunications for personal gain?
Illinois: Yes
Iowa: No, this would be accomplished through agency work rule policies.
Minnesota: The law says: An employee shall not use or allow the use of state time, supplies or state-owned or leased property and equipment for the employee's private interests or any other use not in the interest of the state, except as provided by law.
9. Is an agency required to submit a notice to the central HR office of an acting assignment?
Illinois: No
Iowa: No, this would only be required if the agency wanted to compensate the employee for such an assignment
Michigan: No
Minnesota: Work out of class assignments are recorded in our HRIS database.
There are no existing or proposed federal regulations that are intended to address the activities to be regulated by the proposed rules.
No factual data or analytical methodologies were necessary for the rule changes involved herein.
The proposed rule changes affect persons employed by or who seek employment with the State of Wisconsin. The rule changes will not affect small business. There will be no anticipated costs that would be incurred by the private sector.
Fiscal Estimate
The elimination of reporting requirements for the Entry Professional Program and the submission of notices by appointing authorities may result in a minimal workload reduction for staff of the agencies and the Office of State Employment Relations. However, the amounts are indeterminate.
