The rules affect chs. LES 1 to 6 and 9, relating to training and education standards and programming for officers who work in the administration of criminal justice.

The objective of this proposal is to bring the LESB's administrative rules into better conformity with recent developments in LESB policies and to address issues arising out of the LESB's experience in administering the existing rules. The last major substantive revisions of the LESB's administrative rules occurred in 1999.

The LESB's administrative rules are located at Wis. Admin. Code chs. LES 1-6 and 9. Chapter 1 is titled “General" and contains general provisions and definitions of terms used throughout the rules. Chapter 2 is titled “Recruitment qualifications" and identifies minimum qualifications for employment or certification as a law enforcement, tribal law enforcement, jail, or secure detention officer. Chapter 3 is titled “Training standards" and establishes instructional goals & desired program outcomes for preparatory training in the field of law enforcement. Chapter 4 is titled “Certifications" and sets forth the procedures and requirements for law enforcement training schools and instructors to be certified by the LESB. Chapter 5 is titled “Grants" and addresses state reimbursement of expenses incurred by political subdivisions of the state in connection with law enforcement preparatory training. Chapter 6 is titled “Decertifications" and provides standards and procedures, including hearing procedures, for decertifying law enforcement officers. Chapter 9 is titled “By-laws of the Wisconsin Law Enforcement Standards Board" and establishes the LESB's internal rules regarding its own membership, officers, meetings, committees and staffing. Creation of other chapters is not anticipated but may be considered in light of the specific needs for proposed changes.

The LESB sets minimum employment, education, and training standards for law enforcement, tribal law enforcement, jail, and secure detention officers. It certifies persons who meet the standards as qualified to be officers. It certifies persons who qualify to deliver and instruct LESB-approved curricula. The LESB consults with other government agencies regarding the development of training schools and courses, conducts research to improve law enforcement and jail administration and performance, and evaluates governmental units' compliance with standards. Its 15 Governor-appointed members serve staggered 4 year terms. The law enforcement representatives must include at least one sheriff and one chief of police. The public member cannot be employed in law enforcement. The LESB is attached, for administrative and staffing purposes, to the Wisconsin Department of Justice Training and Standards Bureau. See Wis. Stat. §§ 15.03, 15.255, and 165.86(1)(a). The Bureau will develop specific rule proposals for the LESB's consideration. A comprehensive description of LESB & Bureau programming and resources is available at http://www.wilenet.org.

Since the last major revision of these administrative rules in 1999, the LESB and the Bureau—as a result of their ongoing work in initiating, designing, developing, implementing, maintaining, and supervising criminal justice education and training programs—have identified numerous needs for additions, revisions and clarifications in those rules. In particular, the evolution of strategies and practices in the criminal justice system in recent years has led to significant changes in law enforcement training and professional development. As part of that process, the LESB, in December 2003, expanded the basic training curriculum for law enforcement officers from 400 hours to 520 hours and revised that curriculum to integrate more sophisticated and up-to-date methods of scenario-based instruction and learning assessment. Recent actions by the LESB have also created new curricula for instructor development and a new category of certification for Master Instructors. In addition, accumulated practical experience in administering the programs for certification and decertification of law enforcement officers and training instructors has enabled the LESB and the Bureau to identify needs for updated standards and procedures.

This proposal to revise and update the LESB's rules is necessary in order to ensure consistency with the LESB's new policies and accumulated experience, so as to effectively provide the skills, knowledge & competencies needed in Wisconsin's law enforcement system. The alternative of not revising these rules would result in the continued use of existing rules that do not reflect more recent developments in LESB policies and practices.

The LESB's substantive authority over the subjects covered by the proposed rules is supplied throughout s. 165.85, Stats. The specific statutory authority to promulgate the proposed rules is supplied by s. 165.85 (3) (a) and (j), Stats..

The LESB's rules affect all criminal justice agencies that employ certified law enforcement, jail, and/or secure detention officers; academies and schools using LESB-approved curricula that employ or utilize instructors in LESB approved courses or content for recruit, specialized and advanced training; and individuals seeking to become certified law enforcement, jail, and/or secure detention officers or certified law enforcement instructors. LESB training programs administered by the Bureau annually impact about 626 law enforcement agencies; 16,900 law enforcement, jail, and secure detention officers; 24 certified training academies; and 2,231 certified instructors.

Employment, education, and training standards for law enforcement personnel are governed at the state level. There are no federal regulations regarding law enforcement, jail, or secure detention officer training, qualification, certification or credentialing. There is no existing or proposed federal regulation that has any bearing upon the proposed rules.

It is estimated that state employees will spend 180 hours on the rulemaking process, including research, drafting and conducting at least one public hearing.

The rule affects ch. DWD 149, relating to unemployment insurance rules for confidentiality of records.

Unemployment insurance (UI) records contain sensitive information for workers and employers, including Social Security numbers, wage information, and tax information. For appellate cases, UI records also may contain trade secrets, financial impacts, customer lists, personal medical information, or embarrassing evidence (such as drug tests, alcohol and other drug abuse issues, or sexual harassment issues). Though the public has an interest in open government, open records, and the proper administration of the UI program, failing to protect the confidentiality of UI records would have a chilling effect on claimants and employers using the program if they are concerned about private information being released to the public. The proper administration and functioning of the UI program, therefore, requires that UI records be confidential and made available to the public only through limited disclosures.

Section 108.14 (7), Stats., requires that records maintained by the Department or the Labor and Industry Review Commission in connection with the administration of the UI program are confidential and open to public inspection or disclosure only to the extent the Department permits in the interest of the program. The requirement of confidentiality of UI records has been in the Wisconsin law since 1937. The Department promulgated Chapter DWD 149 to govern Disclosure of UI Records and s. DWD 140.09 to allow for limited access to hearing files and inspection of hearing records on appeals.

The Department of Labor (DOL) issued a final rule on the Confidentiality and Disclosure of State UC Information, effective October 27, 2006. The current Chapter DWD 149 was adopted in 1993 after the DOL circulated its proposed confidentiality rule. As a result, the Department's rule is sufficient to meet many, but not all, of the requirements of the DOL in the final rule.

The Department proposes to amend Chapter DWD 149 to comply with the final federal rule on Confidentiality and Disclosure of State UC Information. In particular, the Department proposes to adopt provisions that ensure the confidentiality of Social Security numbers is maintained by requiring that they be redacted from records disclosed to third parties. The proposed rule will define what records are “public domain information" that can be disclosed to third parties. The proposed rule will require that claimants and employers be notified that records may be utilized for government purposes. The proposed rule will also clarify which disclosures are mandatory or permissive and will clarify that elected officials are agents of claimant or employers when acting in response to a constituent's inquiry. For disclosures to third parties who are not agents of claimants or employers, the proposed rule will provide when disclosures are allowed, when signed authorizations are required, and what agreements or safeguards against redisclosure are required. The proposed rule will amend the requirements for record sharing agreements and require payment of costs of disclosure of UI records as provided in the federal rule.

Finally, while amending the administrative rule to conform to the final federal rule, the Department proposes also to amend the references to unemployment “compensation" to unemployment “insurance" and to update certain provisions to reflect changes in technology.

Sections 108.14 (7) and 227.11 (2), Stats.

Claimants for unemployment insurance benefits, employers, the Department, and the public.

The Department of Labor (DOL) adopted a final rule, 20 C.F.R. Part 603, regarding Confidentiality and Disclosure of State UC Information, effective October 27, 2006. States must amend their laws, rules, procedures, or existing agreements in order to conform and comply with the rule by October 27, 2008. The DOL confidentiality requirements are derived from the “methods of administration" requirement of Section 303(a)(1) of the Social Security Act (SSA). The disclosure requirements are derived from Sections 303(a)(7), (c)(1), (d), (e), (f), (h), and (i), of the SSA and Section 3304(a)(16) of the Federal Unemployment Tax Act (FUTA). The confidentiality and disclosure requirements in the SSA are conditions for receipt of grants for UI administration. The disclosure requirements of the FUTA are conditions required of a state in order for employers in the states to receive credit against the FUTA tax under 26 U.S.C. § 3302.

The DOL rule requires that state UI records be confidential and sets minimum standards concerning what must be confidential and for the payment of costs, safeguards, and data-sharing agreements. The rule also requires that certain UI information must be disclosed to certain governmental entities, such as to child support agencies for purposes of establishing certain child support obligations. States are allowed to disclose more information than is required (permissive disclosures), provided the disclosures otherwise meet the conditions of the rule, such as record sharing agreements, redisclosure safeguards, and payment of costs. State UI programs are not allowed to use grant funds to pay for costs of disclosure unless the costs are not more than an incidental amount of staff time and no more than nominal processing costs. Grant funds may be used for disclosures for the proper administration of the UI program, of public domain information, and disclosures to claimants or employers or their agents.

90 hours