WI Stat § 20.923 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 20 - Appropriations and budget management.|20.923 - Statutory salaries.

20.923  Statutory salaries. The purpose of this section is to establish a consistent and equitable salary setting mechanism for all elected officials, appointed state agency heads, division administrators and other executive-level unclassified positions. All such positions shall be subject to the same basic salary establishment, implementation, modification, administrative control and application procedures. The salary-setting mechanism contained in this section shall be directed to establishing salaries that are determined on a comprehensive systematic basis, bear equitable relationship to each other and to the salaries of classified service subordinates, and be reviewed and established with the same frequency as those of state employees in the classified service. (1)  Establishment of executive salary groups. To this end, a compensation plan consisting of 10 executive salary groups is established in schedule one of the state compensation plan for the classified service from ranges 18 through 27. No salary range established above salary range 23 may be utilized in the establishment and compensation of positions in the classified service without specific approval of the joint committee on employment relations. The dollar value of the salary range minimum and maximum for each executive salary group shall be reviewed and established in the same manner as that provided for positions in the classified service under s. 230.12 (3). The salary-setting authority of individual boards, commissions, elective and appointive officials elsewhere provided by law is subject to and limited by this section, and the salary rate for these positions upon appointment and subsequent thereto shall be set by the appointing authority pursuant to this section, except as otherwise required by article IV, section 26, of the constitution. (2)  Constitutional officers and other elected state officials. (a) The annual salary for each elected state official position shall be set at the dollar value for the point of the assigned salary range for its respective executive salary group specified in this subsection in effect at the time of taking the oath of office, except as provided in par. (b) and s. 978.12 (1) (a). No adjustment to the salary of an official enumerated in this subsection is effective until it is authorized under article IV, section 26, of the constitution.(b) The annual salary of each state senator, representative to the assembly, justice of the supreme court, court of appeals judge and circuit judge shall be reviewed and established in the same manner as provided for positions in the classified service under s. 230.12 (3).(c) The annual salary of the governor shall be set at 21.6 percent above the minimum of the salary range for executive salary group 10.(e) The annual salary of the attorney general shall be set at 18 percent above the minimum of the salary range for executive salary group 10.(f) The annual salary of the state superintendent of public instruction shall be set at 27.4 percent above the minimum of the salary range for executive salary group 7.(g) The annual salary of the lieutenant governor shall be set at 1.9 percent above the minimum of the salary range for executive salary group 4.(h) The annual salary of the secretary of state shall be set at 15.4 percent above the minimum of the salary range for executive salary group 1.(i) The annual salary of the state treasurer shall be set at 15.4 percent above the minimum of the salary range for executive salary group 1.(j) The annual salary of a district attorney shall be set under s. 978.12. (3)  Justices and judges. The annual salary for any supreme court justice or judge of the court of appeals or circuit court shall be established under sub. (2), except that any compensation adjustments granted under s. 230.12 shall not become effective until such time as any justice or judge takes the oath of office. (4)  State agency positions. State agency heads, the director of the bureau of merit recruitment and selection in the department of administration and commission chairpersons and members shall be identified and limited in number in accordance with the standardized nomenclature contained in this subsection, and shall be assigned to the executive salary groups listed in pars. (a) to (h). Except for positions specified in pars. (c) 3m. and (g) 1e. and sub. (12), all unclassified division administrator positions enumerated under s. 230.08 (2) (e) shall be assigned, when approved by the joint committee on employment relations, by the administrator of the division of personnel management in the department of administration to one of 10 executive salary groups. The joint committee on employment relations, by majority vote of the full committee, may amend recommendations for initial position assignments and changes in assignments to the executive salary groups submitted by the administrator of the division of personnel management in the department of administration. All division administrator assignments and amendments to assignments of administrator positions approved by the committee shall become part of the compensation plan. Whenever a new unclassified division administrator position is created, the appointing authority may set the salary for the position until the joint committee on employment relations approves assignment of the position to an executive salary group. If the committee approves assignment of the position to an executive salary group having a salary range minimum or maximum inconsistent with the salary paid to the incumbent at the time of such approval, the incumbent's salary shall be adjusted by the appointing authority to conform with the committee's action, effective on the date of that action. Positions are assigned as follows:(a) Positions assigned to executive salary group 1:2. Arts board: executive secretary.2m. Corrections, department of: director of prison industries.(b) Positions assigned to executive salary group 2:4. Judicial commission: executive director.6. Parole commission: chairperson. (c) Positions assigned to executive salary group 3:1. Administration, department of: director of federal-state relations office.1m. Administration, department of: regional directors of intergovernmental affairs. 2. Administration, department of; office of business development: director. 3. Office of credit unions: director of.3m. Administration, department of; division of personnel management; bureau of merit recruitment and selection: administrator. 4. Higher educational aids board: executive secretary.5. Justice, department of: executive director of the office of crime victim services. 6. Justice, department of: director of the office of school safety.(d) Positions assigned to executive salary group 4:1. Administration, department of; tax appeals commission: chairperson and members. The chairperson of the commission and the governor, at the time a new member is appointed, shall jointly determine the salary of the new member within the range for this group.(e) Positions assigned to executive salary group 5:1e. Educational communications board: executive director.2. Employment relations commission: chairperson.3. Workforce development: employment and training: executive director.4. Administration, department of: labor and industry review commission: member and chairperson. 11. Public service commission; office of the commissioner of railroads: commissioner.12. State fair park board: state fair park director.(f) Positions assigned to executive salary group 6:1. Administration, department of; division of personnel management: administrator. 2. Agriculture, trade and consumer protection, department of: secretary.2d. Children and families, department of: secretary. 2m. Commerce, department of: secretary.3f. Financial institutions, department of: secretary.6. Legislature; legislative council staff: director.6m. Legislature; legislative audit bureau: director.6n. Legislature, legislative technology services bureau: director.7. Veterans affairs, department of: secretary.7m. Legislature; legislative reference bureau: chief.7s. Legislature; legislative fiscal bureau: director.7t. Office of the governor: executive secretary.7v. Insurance, commissioner of.7w. Public defender board: state public defender.8e. Military affairs, department of: adjutant general.8h. Public service commission: chairperson and commissioners. 8m. Safety and professional services, department of: secretary. 9. Tourism, department of: secretary.(g) Positions assigned to executive salary group 7:1e. Administration, department of; division of enterprise technology: administrator. 1r. Historical society: director.2. Natural resources, department of: secretary.3. Revenue, department of: secretary.4. Transportation, department of: secretary.6. Workforce development, department of: secretary.(h) Positions assigned to executive salary group 8:1. Administration, department of: secretary.2g. Corrections, department of: secretary.5. Health services, department of: secretary.  (6)  Salaries set by appointing authorities. Salaries for the following positions may be set by the appointing authority, subject to restrictions otherwise set forth in the statutes and the compensation plan under s. 230.12, except where the salaries are a subject of bargaining with a certified representative of a collective bargaining unit under s. 111.91: (ac) Administration, department of: deputy and assistant district attorneys.(ah) Administration, department of; federal-state relations office: director and staff assistant.(aj) Administration, department of; interagency council on homelessness: director.(aL) Administration, department of: director of Indian gaming, and the attorney appointed under s. 569.015 (2).(am) Each elective executive officer, except the secretary of state and the state treasurer: a stenographer. (as) Each elective executive officer other than the state treasurer, secretary of state, attorney general and superintendent of public instruction: a deputy or assistant.(b) Educational communications board: unclassified professional staff.(bd) Children and families, department of: director of the office of urban development.(bg) Historical society: state historian.(bj) Historical society: unclassified sales and development professionals employed under s. 44.20 (4) (a). (bm) Investment board: all positions. (bp) Legislative technology services bureau: staff employees.(c) Organized militia: offices and positions, except as provided in sub. (8).(cm) Judicial commission: staff member.(d) Judicial council: attorney, technical and clerical help.(e) Law library, state: librarian, assistant librarian, clerical and expert assistants. (em) Legislative audit bureau: legislative auditors, assistants and clerical employees.(f) Legislative council staff: clerical and expert assistants.(g) Legislative fiscal bureau: assistants, analysts and clerical employees.(gm) Legislative reference bureau: all positions other than the chief.(h) Legislature: policy research personnel, assistants to legislators, research staff assigned to legislative committees, and other persons employed under s. 13.20. (hh) Lower Wisconsin state riverway board: staff employees.(hm) Public defender board: staff attorneys.(hq) State fair park board: staff employees.(i) Supreme court: assistants, clerks and employees.(j) Supreme court: clerk.(k) Supreme court: deputy clerk.(L) Kickapoo reserve management board: executive director and staff. (Lm) University of Wisconsin-Madison, chancellor: all positions assigned to the University of Wisconsin-Madison, other than chancellor of the University of Wisconsin-Madison.(m) University of Wisconsin System: all positions, including the chancellor of the University of Wisconsin-Madison, but not including any other position assigned to the University of Wisconsin-Madison. (7)  General senior executive positions. The salary ranges for the director and the executive assistant of the Wisconsin Technical College System and for the secretary, deputy secretary, and assistant deputy secretary of the department of employee trust funds shall be contained in the recommendations of the administrator of the division of personnel management in the department of administration under s. 230.12 (3) (e). The board of the Wisconsin Technical College System shall set the salaries for the director and executive assistant of the Wisconsin Technical College System within the range to which the positions are assigned to recognize merit, to permit orderly salary progression, and to recognize competitive factors. The employee trust funds board shall set the salary for the secretary of the department of employee trust funds within the range to which the position is assigned to recognize merit, to permit orderly salary progression, and to recognize competitive factors. The salary of the deputy secretary of the department of employee trust funds and the salary of the assistant deputy secretary of the department of employee trust funds shall be set in accordance with subs. (8) and (9), respectively. The salary of any incumbent in the positions identified in pars. (a) and (b) may not exceed the maximum of the salary range for the group to which the position is assigned. The positions are assigned as follows:(a) The positions assigned to general senior executive group 1 are the executive assistant of the Wisconsin Technical College System and the assistant deputy secretary of the department of employee trust funds.(b) The positions assigned to general senior executive group 2 are the director of the Wisconsin Technical College System and the secretary and deputy secretary of the department of employee trust funds. (8)  Deputies. Salaries for deputies appointed pursuant to ss. 13.94 (3) (b), 15.04 (2), and 551.601 (1) shall be set by the appointing authority. The salary, other than the salary of the deputy secretary of the department of employee trust funds, shall not exceed the maximum of the salary range one range below the salary range of the executive salary group to which the department or agency head is assigned. The associate director of the historical society shall be treated as an unclassified deputy for pay purposes under this subsection. The salary of the deputy director of the office of business development in the department of administration is assigned to executive salary group 2. (9)  Assistant deputy secretary and executive assistants. Salaries for assistant deputy secretaries and executive assistants appointed under ss. 15.05 (3) and 15.06 (4m) shall be set by the appointing authority. The salary for an assistant deputy secretary or an executive assistant appointed under s. 15.05 (3) or 15.06 (4m), other than the salary for the executive assistant to the director of the technical college system and the assistant deputy secretary of the department of employee trust funds, may not exceed the maximum of the salary range 2 ranges below the salary range for the executive salary group to which the department or agency head is assigned. The position of administrative assistant to the lieutenant governor shall be treated as are executive assistants for pay purposes under this subsection. (10)  Office of the governor staff. The salary for key professional staff of the office of the governor identified as office of the governor assistants, other than the executive secretary, shall not exceed the maximum of the salary range for executive salary group 3. (12)  Other department of safety and professional services positions. The salaries for division administrators and bureau directors appointed under s. 440.04 (6) shall not exceed the maximum of the salary range for executive salary group 3. (14)  Salary administration. (a) Any adjustment of salary for any incumbent in a position specified in subs. (4), (8), (9) and (12) is governed by the provisions of the compensation plan concerning executive salary groups as adopted by the joint committee on employment relations under s. 230.12 (3) (b).(c) Any adjustment of salary for an incumbent specified in sub. (7) is governed by the provisions of the proposal concerning general senior executives as approved by the joint committee on employment relations under s. 230.12 (3) (e). (15)  Salary adjustment limitations. (a) An incumbent of a position that has been assigned to an executive salary group of the compensation plan or to a general senior executive group under this section, whose current salary exceeds the maximum of the salary range to which his or her position's group is assigned, shall remain at his or her current rate of pay while he or she remains employed in that position until the maximum of the salary range to which his or her executive salary group is assigned equals or exceeds his or her current rate of pay.(b) Except for the positions identified in sub. (7) (b) and positions approved by the joint committee of employment relations, the pay of any incumbent whose salary is subject to a limitation under this section may not equal or exceed that amount paid the governor. (16)  Overtime and compensatory time exclusion. The salary paid to any person whose position is included under subs. (2), (4), (7), and (8) to (12) is deemed to compensate that person for all work hours. No overtime compensation may be paid, and no compensatory time under s. 103.025 may be provided, to any such person for hours worked in any workweek in excess of the standard basis of employment as specified in s. 230.35 (5) (a). (18)  Prison industries sales positions.  (a) The division of personnel management in the department of administration shall determine what positions in the classified service are comparable positions to the unclassified positions of 3 sales representatives of prison industries and one sales manager of prison industries who are appointed under s. 303.01 (10). For each such unclassified position, the division of personnel management in the department of administration shall determine the minimum salary for each comparable position in the classified service and shall set an amount equal to that minimum salary as the salary for that unclassified position.(b) In addition to the salary set under par. (a), each sales representative of prison industries and each sales manager of prison industries who is appointed in the unclassified service under s. 303.01 (10) shall be eligible to earn commission compensation in an amount established by the appointing authority as defined in s. 230.03 (4). That appointing authority shall establish the amount of commission compensation based on invoiced sales and new customers.History:  1971 c. 18, 125, 164; 1971 c. 270 ss. 98, 104; 1971 c. 307, 321; 1973 c. 90, 156, 243, 333; 1975 c. 28; 1975 c. 39 ss. 236c to 247, 735 (5); 1975 Ex. Order No. 24; 1975 c. 189, 199, 224, 422; 1977 c. 29 ss. 399g to 406d, 1649, 1650m, 1654 (8) (e), 1656 (43); 1977 c. 44; 1977 c. 187 ss. 29, 30, 31, 135; 1977 c. 196 ss. 74 to 76m, 131; 1977 c. 203, 272, 277, 418, 447, 449; Sup. Ct. Order, 88 Wis. 2d xiii (1979); 1979 c. 32 s. 92 (1); 1979 c. 34, 89, 189; 1979 c. 221 ss. 201m to 218, 2202 (13); 1979 c. 361; 1981 c. 20 ss. 587 to 592g, 2202 (33) (b), (c), (56) (a); 1981 c. 96 ss. 16, 67; 1981 c. 121, 127, 347, 353; 1981 c. 390 s. 252; 1983 a. 27, 46, 121, 192, 371, 378; 1985 a. 18, 23; 1985 a. 29 ss. 603 to 607, 3202 (22) (a); 1985 a. 34, 332; 1987 a. 6, 27, 82, 119, 306, 340, 354, 399, 403; 1989 a. 31, 56, 107, 208, 219, 336; 1991 a. 39, 269; 1993 a. 12, 16, 75, 123, 144, 184, 294, 349, 399, 490; 1995 a. 27 ss. 1193 to 1217m, 9130 (4), 9216 (19); 1995 a. 37, 216, 225; 1997 a. 2, 3, 27, 29, 41, 194, 237; 1999 a. 9, 42, 102, 186; 2001 a. 16, 19, 29, 109; 2003 a. 33 ss. 721 to 735m, 9160; 2003 a. 91, 320; 2005 a. 25; 2007 a. 1; 2007 a. 20 ss. 616 to 630, 9121 (6) (a); 2007 a. 196; 2009 a. 28, 180; 2011 a. 10, 32, 38; 2013 a. 20 ss. 492 to 497, 2365m, 9448; 2013 a. 166; 2015 a. 55, 58, 118; 2017 a. 59, 74, 143, 366; 2021 a. 58.The salary cap provisions of sub. (15) (b) do not apply to judicial salaries. Moran v. Department of Administration, 230 Wis. 2d 103, 603 N.W.2d 234 (Ct. App. 1999), 98-3008.