reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 17 - Demotion › Section ER-MRS 17.02 - Exclusions

Current through June 24, 2024
(1) The movement of an employee to a position
			 in a lower classification while the employee is serving an original appointment
			 probationary period shall be considered a new original appointment.
(2) The appointment of a former employee, who
			 previously acquired permanent status, to a position in a lower classification
			 following a break in service not covered by leave or the layoff provisions of
			 these rules shall be considered an original appointment except when such return
			 may be considered a reinstatement under ch. ER-MRS 16, and the appointing
			 authority chooses to treat such appointment as a reinstatement.
(3) The change in the classification of a
			 position held by an employee with permanent status to a lower classification is
			 a reallocation or reclassification under ch. ER 3.
(4) Pay reduction that does not involve a
			 change in position or class is not considered a demotion. See s.
			 230.34(1),
			 Stats.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 17 - Demotion › Section ER-MRS 17.025 - Non-completion of promotional probationary period

Current through June 24, 2024
The action by which a promoted employee is restored to the
				employee's previous position and pay as provided in s. ER- MRS 14.03(1) is not
				a demotion. Such action is a restoration under s. ER- MRS 16.03(5). Any such
				restored employee who thereafter moves by promotion to a different position
				shall be required to serve a new probationary period under s. ER- MRS
				13.03(2).
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 17 - Demotion › Section ER-MRS 17.03 - Notice to employee

Current through June 24, 2024
The appointing authority shall notify an employee who is being
				demoted of the action and the reasons for the action at least 5 working days
				prior to the effective date of the action. Such notification shall be in
				writing and shall advise the employee of his or her right to appeal the action
				under s.
				230.44(1)
				(c), Stats. The appointing authority shall
				place a copy of the notice in the employee's personnel file.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 17 - Demotion › Section ER-MRS 17.04 - Kinds of demotion; status and rights

Current through June 24, 2024
(1) DEMOTION FOR
			 DISCIPLINARY PURPOSES. An appointing authority may demote an employee for
			 disciplinary purposes as provided in s.
			 230.34(1),
			 Stats.
(a) The demotion may be to any position
			 within the agency regardless of employing unit; and the employee may appeal the
			 demotion as provided under s.
			 230.44,
			 Stats.
(b) An employee demoted for
			 disciplinary purposes does not retain permanent status in class previously
			 acquired in the higher class, nor does the employee retain reinstatement
			 eligibility to the higher class. The employee does attain permanent status in
			 class in the class to which the employee is demoted. No probationary period is
			 required for an employee demoted for disciplinary purposes.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 22 - Layoff Procedure › Section ER-MRS 22.01 - Purpose

Current through June 24, 2024
This layoff procedure is adopted under s.
				230.34(2),
				Stats., and is intended to be fair to and understandable by all employees;
				retain for the state service its most effective and efficient personnel; and
				insure that all layoff actions are appropriately and systematically
				administered.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 22 - Layoff Procedure › Section ER-MRS 22.02 - Definitions

Current through June 24, 2024
The following are definitions for terms used in this
				chapter:
(1) "Continuous service," has
			 the meaning given under s.
			 ER
			 1.02(6).
(2) "Layoff group," means an aggregation of
			 related positions which is the group of employees from which the layoff will be
			 made.
(3) "Progression series," has
			 the meaning given under s.
			 ER
			 1.02(32).
(4) "Subtitle," means a secondary explanatory
			 title which is used to identify positions whose duties distinguish them from
			 other positions in the same class in terms of the qualifications required for
			 successful performance in the position.
(5) "Vacancy" or "vacant position" means a
			 classified position to which a permanent appointment may be made after the
			 appointing authority has initiated an action to fill that position and the
			 position has been fully authorized and budgeted by law.
The definitions of employing unit, layoff and recruitment
				  option are set forth under s. ER- MRS 1.02(7), (11) and (28),
				  respectively.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 22 - Layoff Procedure › Section ER-MRS 22.025 - Vacancies, how filled

Current through June 24, 2024
For purposes of this chapter, the appointing authority shall
				fill vacancies in the following order, after considering transfers, demotions
				and reassignments limited to persons currently employed in the employing unit
				who are not affected by the layoff:
(1)
			 Through alternatives in lieu of termination as a result of layoff.
(2) Through restoration following layoff for
			 persons with restoration rights obtained from layoff prior to July 1,
			 2016.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 22 - Layoff Procedure › Section ER-MRS 22.03 - Application

Current through June 24, 2024
(1) This chapter shall be applied by the
			 appointing authority in the event of an impending reduction in work
			 force.
(2) This chapter shall apply
			 only to those employees not included in certified bargaining units under s.
			 111.825(1)
			 (g), Stats.
(3) Except as provided in ss. ER-MRS 22.12,
			 22.13 and 22.14, this chapter shall not apply to:
(a) Temporary layoffs not to exceed 20
			 working days.
(b) Seasonal layoff
			 of seasonal employees.
(c) School
			 year employees at institutions and schools, during recesses in the academic
			 year or summer. In accordance with s.
			 ER 18.14(2)
			 (c), such employees shall be considered on an
			 approved leave of absence without pay during these periods.
(d) Project employees.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 22 - Layoff Procedure › Section ER-MRS 22.035 - Layoff group

Current through June 24, 2024
(1) The layoff group, within the employing
			 unit, may be identified by, but not limited to:
(a) A class;
(b) Class subtitle;
(c) Progression series that has been approved
			 by the administrator for use by the agency; or
(d) Recruitment option.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 22 - Layoff Procedure › Section ER-MRS 22.04 - Certain employees released first

Current through June 24, 2024
Before an employee with permanent status in class may be laid
				off, the appointing authority shall terminate all employees in the approved
				layoff group in the employing unit in which the layoff occurs who are serving
				an original appointment probationary period unless authorized by the
				director.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 22 - Layoff Procedure › Section ER-MRS 22.05 - Layoff plan subject to approval

Current through June 24, 2024
Whenever it becomes necessary for an agency to lay off
				employees, the appointing authority shall prepare a comprehensive written plan
				for layoff following the procedure specified in this chapter and submitted to
				the director for review and approval prior to implementation.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 22 - Layoff Procedure › Section ER-MRS 22.06 - Procedure for making layoffs

Current through June 24, 2024
(1) In the layoff
			 plan submitted to the director, under s. ER-MRS 22.05, the appointing authority
			 shall recommend the layoff group in which the layoff is to occur. The layoff
			 group shall reflect the staffing processes followed for included positions.
			 Full-time and part-time positions may constitute different layoff groups. The
			 primary order of layoff is determined by job performance. Thereafter
			 disciplinary records, seniority, and ability are factors used to determine the
			 order of layoff action.
(2) The
			 appointing authority will determine the order of layoff primarily based on job
			 performance. Employees, including those on an approved leave of absence, in the
			 layoff group, will be grouped by category of performance based on the
			 evaluation categories established in the employee's annual performance
			 evaluation. To determine the most appropriate category for layoff grouping, the
			 appointing authority will use the current year and previous 4 years.
(3) Within each performance category, the
			 employees in the layoff group shall be ranked by seniority computed on the
			 basis of continuous service as set forth in s. ER18.02 (2) and (3), with any
			 resulting tied cases to be ranked, relative to each other, according to their
			 total continuous service in the approved layoff group. If, after completing
			 this ranking, a tie still exists between 2 or more employees, continuous
			 service of the tied employees shall be determined by age, with the oldest
			 employee deemed to have the greatest continuous service. Disciplinary record
			 review will consist of an employee's disciplinary records from the current and
			 previous 4 years. An appointing authority may request the exemption of an
			 employee from the seniority order due to the results of the disciplinary record
			 review. Ability is applied by requesting to retain up to 20% of the employees
			 in the layoff group who have special or superior skills as determined by the
			 appointing authority. Remaining employees shall be laid off according to their
			 continuous service ranking, with the employee with the least continuous service
			 laid off first.
(4) With the
			 agreement of the appointing authority, an employee with more continuous service
			 in the layoff group may volunteer to be terminated from employment in lieu of
			 the layoff of an employee with less continuous service, with the guarantee that
			 the appointing authority will not challenge the volunteering employee's
			 eligibility for unemployment compensation.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 22 - Layoff Procedure › Section ER-MRS 22.07 - Notice prior to layoff; appeal notice

Current through June 24, 2024
(1) Any employee
			 affected by layoff shall be given written notice of the anticipated action, not
			 less than 60 calendar days prior to its effective date. If the appointing
			 authority is provided fewer than 60 days' notice of the need for layoff,
			 because of loss of funding or otherwise, the director may authorize a layoff
			 notice of 30 calendar days prior to the effective date. The written notice of
			 layoff shall, to the extent practicable, include the specific alternatives
			 within the agency available at that time to the employee in lieu of
			 termination. The appointing authority shall continue to keep the employee aware
			 of new alternatives available up to the effective date of the layoff.
(2) Seven calendar days prior to the layoff
			 effective date, the appointing authority will issue the employee a final
			 written notice of impending layoff. The notice shall include the employee's
			 right to grieve the layoff decision under s.
			 230.445,
			 Stats. No notice of appeal or pending litigation as a result thereof, affects
			 any determination previously or subsequently made by the appointing authority,
			 until an order is entered by the commission, unless the order is stayed by a
			 court of competent jurisdiction.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 22 - Layoff Procedure › Section ER-MRS 22.08 - Alternatives to termination from the service as a result of layoff

Current through June 24, 2024
If an employee with permanent status in a class has received a
				notice of layoff under s. ER-MRS 22.07(1), alternatives shall be available in
				the order listed in this section until the effective date of the layoff.
				Employees in the same layoff group who are laid off on the same date shall have
				the right to exercise the following alternatives to termination from the
				service as a result of layoff with the most qualified employee, as determined
				by the appointing authority, being offered the available vacancy first. This
				offer shall be subject to the criteria for a reasonable offer of appointment
				under s. ER-MRS 22.09:
(1) TRANSFER.
(a) All employees who have received a notice
			 of layoff have the right to transfer within the agency to any vacancy in the
			 same or counterpart pay range for which the employee is qualified to perform
			 the work after being given the customary orientation provided to newly hired
			 workers in the position.
(b) An
			 employee who transfers within the agency as an alternative to termination from
			 the service immediately attains permanent status in class in the class to which
			 the employee transfers, except that:
1. An
			 employee who is serving a promotional probationary period must complete that
			 probationary period in the new position.
2. An employee who is serving a permissive
			 probationary period may be required to complete that probationary period in the
			 new position.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 22 - Layoff Procedure › Section ER-MRS 22.09 - Failure to accept reasonable offer of appointment

Current through June 24, 2024
(1) An employee who
			 has been notified of layoff and fails to accept a reasonable offer of permanent
			 appointment within the agency within 2 work days of the offer or who, upon
			 acceptance, fails to be available for work within 5 work days after acceptance
			 forfeits any further rights to an appointment under ss. ER-MRS 22.08 and
			 22.10.
(2) As determined by the
			 appointing authority, an offer of appointment shall be considered reasonable if
			 it meets the following 5 conditions as of the date of the offer:
(a) The position is one which the employee
			 would be qualified to perform after customary orientation provided to new
			 workers in the position.
(b) The
			 position is the highest level position available within the agency to which the
			 employee could either transfer or demote.
(c) The assigned shift or number of work
			 hours required does not vary substantially from the number of work hours
			 previously worked.
(d) The position
			 is located at a work site that is within reasonable proximity of the original
			 work site.
(e) The pay range of the
			 position offered is no more than 3 pay ranges or counterpart pay ranges, or one
			 broadband pay range, lower than the pay range of the position from which the
			 employee was laid off.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 22 - Layoff Procedure › Section ER-MRS 22.11 - Reinstatement eligibility and conditions

Current through June 24, 2024
(1) An employee
			 laid off prior to July 1, 2016, maintains the reinstatement eligibility that
			 existed at the time the employee was laid off.
(2) Any person who has held a position and
			 obtained permanent status in class under the civil service law and rules and
			 who is laid off on or after July 1, 2016, is eligible for reinstatement in a
			 position having a comparable or lower pay rate or range for which such person
			 is qualified for a 3-year period from the date of the layoff.
(2m) A person who is reinstated to an
			 employing unit or agency other than the one from which the person earned
			 reinstatement eligibility may be required to serve a probationary period. See
			 s. ER-MRS 16.04(1) (a).
(3) For pay
			 of employees upon reinstatement following layoff, see s.
			 ER
			 29.03(6) or the compensation plan.
			 For pay provisions upon reinstatement where a probationary period is required,
			 see s.
			 ER 29.03(2)
			 (b) or the compensation plan.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 22 - Layoff Procedure › Section ER-MRS 22.12 - Layoff of seasonal and sessional employees

Current through June 24, 2024
(1) Employees in
			 seasonal or sessional positions are employed for specific seasonal or sessional
			 periods. Upon expiration of such periods, seasonal and sessional employees may,
			 at the discretion of the appointing authority, be laid off until the beginning
			 of the next seasonal or sessional work period. Such layoffs are not subject to
			 any of the other provisions of this chapter.
(2) Employees in seasonal or sessional
			 positions, who are laid off with the understanding that there is little or no
			 expectation of future seasonal or sessional employment, shall be laid off in
			 accordance with the provisions of this chapter as if they held permanent
			 positions.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 22 - Layoff Procedure › Section ER-MRS 22.13 - Layoff of school year employees

Current through June 24, 2024
(1) School year
			 employees whose services are not required during a summer recess are granted
			 summer leave under the provisions of s.
			 ER 18.14(2)
			 (c), and are not considered to be in layoff
			 status.
(2) School year employees
			 whose services are not expected to continue in the ensuing school year shall be
			 laid off in accordance with the provisions of this chapter.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 22 - Layoff Procedure › Section ER-MRS 22.14 - Temporary layoff of employees

Current through June 24, 2024
The director may approve exceptions to the procedures outlined
				in this chapter for temporary layoffs not to exceed 20 working days. Temporary
				layoffs may apply to some, or all of the employees in an employing unit. The
				appointing authority may recommend, subject to approval of the director, a plan
				for temporary layoffs, stating the reason for the temporary layoffs, the
				classes and number of employees affected in the employing unit, and the
				specific number of such days affected employees will be laid off. The plan
				shall be submitted to the director for approval prior to implementation.
				Consecutive temporary layoffs in the same employing unit may not be approved by
				the director for the same reason which caused the initial temporary layoff,
				unless a plan for permanent layoff has been submitted.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 24 - Code Of Ethics › Section ER-MRS 24.01 - Statutory authority and purpose

Current through June 24, 2024
This code of ethics is promulgated under the directive of s.
				19.45(11)
				(a), Stats., for the guidance of employees to
				avoid activities which cause, or tend to cause, conflicts between their
				personal interests and their public responsibilities.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 24 - Code Of Ethics › Section ER-MRS 24.02 - Declaration of policy

Current through June 24, 2024
(1) The observance of high moral and ethical
			 standards by its employees is essential to the conduct of free government. The
			 employee holds his or her position as a public trust, and any effort to realize
			 personal gain through official conduct is a violation of that trust.
(2) It is the state's policy to recognize
			 that:
(a) Employees have the same personal and
			 economic interest in the decisions and policies of government as do other
			 citizens.
(b) Employees retain
			 their rights as citizens to interests of a personal or economic
			 nature.
(c) Standards of ethical
			 conduct for employees need to distinguish between those minor and
			 inconsequential conflicts which are unavoidable in a free society, and those
			 conflicts which are substantial and material.
(d) Employees may need to engage in
			 employment, other than official duties, or may need to maintain investments,
			 but no employee shall engage in any employment or maintain any investment if
			 the employment or investment conflicts with the specific provisions of this
			 chapter.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 24 - Code Of Ethics › Section ER-MRS 24.03 - Definitions

Current through June 24, 2024
The following are definitions for terms used in this
				chapter:
(1) "Anything of value" means
			 any money or property, favor, service, payment, advance, forbearance, loan, or
			 promise of future employment, but does not include compensation and expenses
			 paid by the state, fees, honorariums and expenses which are permitted under
			 this chapter, political contributions which are reported under ch. 11, Stats.,
			 or hospitality extended for a purpose unrelated to state business by a person
			 other than an organization.
(2)
			 "Hospitality" includes, but is not limited to, meals, beverages, and lodging
			 which a host other than an organization offers a guest on premises owned or
			 occupied by the host or his or her immediate family as the host's principal or
			 seasonal residence.
(3)
			 "Associated" when used with reference to an organization, includes any
			 organization in which an employee or a member of the employee's immediate
			 family is a director, officer or trustee or owns or controls, directly or
			 indirectly, and severally or in the aggregate, at least 10% of the outstanding
			 equity.
(4) "Employee" in this
			 chapter means any person who receives remuneration for services rendered to the
			 state under an employer-employe relationship in the classified service or in
			 the unclassified service of the state of Wisconsin except state public
			 officials and employees subject to subch. III of ch. 19, Stats., officials and
			 employees of the judicial branch, and University of Wisconsin System
			 unclassified personnel.
(5)
			 "Immediate family" means:
(a) An employee's
			 spouse; and
(b) An employee's
			 relatives by marriage, consanguinity or adoption, and any other person who
			 directly or indirectly receives more than one-half of their support from the
			 employee, or from whom the employee directly or indirectly receives more than
			 one-half of his or her support.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 24 - Code Of Ethics › Section ER-MRS 24.035 - Hospitality; relation to state business

Current through June 24, 2024
Hospitality may be accepted by an employee when it could be
				concluded that the hospitality would be extended if the guest or a member of
				the guest's immediate family was not a state employee.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 24 - Code Of Ethics › Section ER-MRS 24.04 - Standards of conduct

Current through June 24, 2024
This chapter shall not prevent an employee from accepting
				outside employment or following a pursuit which in no way interferes or
				conflicts with the full and faithful discharge of his or her duties to this
				state, subject to the following:
(1) A
			 conflict of interest on the part of a state employee exists whenever:
(a) The employee's action or failure to act
			 propitiously could reasonably be expected to directly or indirectly produce or
			 assist in producing a private benefit for the employee or the employee's
			 immediate family or an organization with which the employee is associated;
			 or
(b) The matter is one in which
			 the employee in his or her private capacity or a member of the employee's
			 immediate family or an organization with which the employee is associated, as
			 defined in s. ER-MRS 24.03(3), has a substantial interest.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 24 - Code Of Ethics › Section ER-MRS 24.045 - Guidelines for outside employment

Current through June 24, 2024
Agencies shall establish guidelines regarding outside
				employment of employees which shall include identifying those activities which
				are likely to cause a conflict of interest and requiring employees to obtain
				prior approval before accepting outside employment. Agencies shall submit their
				proposed guidelines to the director for review and approval before
				implementation.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 24 - Code Of Ethics › Section ER-MRS 24.05 - Action to avoid possible conflict

Current through June 24, 2024
(1) Any state
			 employee who, in the discharge of his or her official duties, is involved or
			 about to be involved in any matter that could result in a conflict of interest
			 on his or her part, shall so notify his or her appointing authority by
			 submitting a written statement describing the matter requiring action or
			 decision, and the nature of the possible conflict of interest with respect to
			 such action or decision.
(2) In
			 those situations where a possible conflict of interest may occur, the
			 appointing authority shall take action which may include:
(a) Relieving the employee of the assignment
			 and assigning the matter to another qualified employee who does not have a
			 conflict of interest.
(b) Preparing
			 a memorandum of the particulars of the action taken under par. (a) and
			 forwarding such memorandum, together with a copy of the employee's statement
			 received under sub. (1) to the director. In all cases, the appointing authority
			 shall furnish to the employee a copy of such memorandum.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 27 - Exceptional Methods And Kinds Of Employment › Section ER-MRS 27.01 - Purpose

Current through June 24, 2024
This chapter, promulgated under s.
				230.08(7),
				Stats., which authorizes the director to provide for exceptional methods and
				kinds of employment, enables the state, as an employer, to carry out its
				social, economic and community responsibilities through employment of
				individuals who are economically disadvantaged or have a disability, or to meet
				the needs of the service during periods of disaster or national emergency, or
				to comply with special funding requirements for specific
				positions.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 27 - Exceptional Methods And Kinds Of Employment › Section ER-MRS 27.02 - Definitions

Current through June 24, 2024
The following are definitions for terms used in this
				chapter:
(2) "Disability" means the
			 same as "individual with a disability" as defined in sub. (4m).
(3) "Economically disadvantaged individual"
			 means an individual whose circumstances are such that the individual meets
			 specific criteria for participation in federal, state or local government
			 programs available to the unemployed, underemployed, or whose family income is
			 at or below the poverty level as determined by federal or state
			 standards.
(4) "Exceptional
			 employment situations" means employment opportunities in agencies where:
(a) Vacancies have been set aside, as a part
			 of an approved affirmative action plan, to provide training and permanent
			 employment to individuals with a disability;
(b) Special statutory or funding requirements
			 for specific positions require applicants who meet established eligibility
			 criteria; or
(c) The employment
			 situations occur as a result of disaster or national emergency.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 27 - Exceptional Methods And Kinds Of Employment › Section ER-MRS 27.03 - Identifying exceptional employment situations

Current through June 24, 2024
The director may authorize use of exceptional methods of
				employment for exceptional employment situations for any of the following
				reasons:
(1) An agency has set aside
			 positions for employment opportunities to provide training and permanent
			 employment to individuals with a severe disability and it has been determined
			 that the selection procedure traditionally used would measure the applicants'
			 disability instead of their ability, aptitude or skill, or whatever other
			 factor the selection procedure purports to measure.
(2) Special statutory or funding requirements
			 for specific positions require applicants to meet certain criteria such as:
(a) Being economically
			 disadvantaged;
(b) Being welfare
			 recipients;
(c) Being a disabled
			 Vietnam era veteran; or
(d) Meeting
			 any other eligibility criteria established for the particular
			 position.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 27 - Exceptional Methods And Kinds Of Employment › Section ER-MRS 27.04 - Qualifying for exceptional employment situations

Current through June 24, 2024
When the director has determined that an exceptional
				employment situation exists, recruitment may be targeted as follows:
(1) For appointment to exceptional employment
			 situations for individuals with a disability, applicants must be certified as
			 severely disabled by appropriate specialists such as a physician, psychiatrist,
			 psychologist, chiropractor, teachers or counselors specialized in learning
			 disabilities or special education, vocational rehabilitation counselor,
			 occupational or physical therapist or other specialist deemed appropriate by
			 the director, and must require on-the-job training beyond that normally
			 provided during the probationary period for similar positions.
(2) For appointment to exceptional employment
			 situations under s. ER-MRS 27.02(4) (b), applicants must meet the eligibility
			 criteria for the position as set forth in s. ER-MRS 27.03(2).
(3) For appointment to exceptional employment
			 situations under s. ER-MRS 27.02(4) (c), applicants must meet the minimum
			 qualification requirements established by the director under this
			 chapter.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 27 - Exceptional Methods And Kinds Of Employment › Section ER-MRS 27.05 - Use of exceptional methods of employment and exceptional employment lists

Current through June 24, 2024
Upon written request of an appointing authority, the director
				may authorize use of exceptional methods of employment to fill positions
				identified as exceptional employment situations. In considering such requests,
				the director shall determine whether the following criteria have been
				met:
(1) FOR EMPLOYMENT OF INDIVIDUALS
			 WITH A DISABILITY. For employment of individuals with a disability, the
			 director shall determine whether:
(a)
			 Appropriate position description modifications have been made and essential
			 qualifications for the positions have been defined.
(b) Special provisions for on-the-job
			 training, including consideration of length of training, reasonable
			 accommodations, supervision and safety have been developed, subject to
			 modification at the time of appointment to meet the specific employment and
			 training needs of the individual hired for the position.
(c) An appropriate probationary period length
			 has been established.
(d) The
			 position is permanent, or, if not, the person shall be appointed to a permanent
			 position upon satisfactory completion of the training period.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 27 - Exceptional Methods And Kinds Of Employment › Section ER-MRS 27.06 - Exceptional employment list establishment

Current through June 24, 2024
The director may authorize establishment of exceptional
				employment eligibility lists to enable agencies to hire individuals for
				exceptional employment situation vacancies. In establishing the lists the
				director shall employ merit system principles which are comparable to those
				which are used in establishing standard eligibility lists for the same
				classification and may use one or more of the following methods or
				processes:
(1) Limitation of
			 recruitment to a specific applicant target group;
(2) Grouping of applicants based on their
			 qualifications and certification of qualified applicants from these
			 groups;
(3) Creation of an
			 exceptional employment list from a standard employment list;
(4) Selection procedure waivers;
			 and
(5) Seeking the creation of
			 emergency classifications and suitable salary ranges for the classifications,
			 which may be entirely new classes or the counterpart of existing classes except
			 for qualification requirements. Emergency classifications created and positions
			 filled under this subsection shall be abolished 6 months after the condition of
			 disaster or emergency ceases to exist. The selection procedures to be used in
			 these emergency situations may include traditional assessment instruments
			 including evaluations of training, experience, or general qualifications. The
			 selection method may be either competitive or noncompetitive in whole or in
			 part.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 27 - Exceptional Methods And Kinds Of Employment › Section ER-MRS 27.07 - Appointee status

Current through June 24, 2024
Persons appointed from an exceptional employment eligibility
				list to an exceptional employment vacancy in the classified service shall
				become employees with permanent status in class after successful completion of
				a probationary period as provided in s.
				230.28,
				Stats., and ch. ER-MRS 13, except that appointments made as a result of the
				creation of emergency classifications shall be considered as serving a
				probationary period during their entire appointment and shall not acquire
				permanent status in class. Employees appointed as a result of the creation of
				emergency classifications shall be laid off no later than 6 months after the
				condition which prompted the use of the exceptional employment method has
				ceased to exist.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 30 - Career Executive Employment › Section ER-MRS 30.01 - Policy

Current through June 24, 2024
(1) In accordance with s.
			 230.24,
			 Stats., these administrative rules are promulgated: to provide state agencies
			 with a pool of highly qualified executive candidates for competitive
			 appointment to executive level positions in such a way as to achieve and
			 maintain a balanced work force; to provide employees with the opportunity for
			 advancement as well as flexibility and mobility within and between state
			 agencies; and to make optimum use of employees' managerial and administrative
			 skills.
(2) The career executive
			 program is an integral part of the civil service system of the state of
			 Wisconsin and subject to all statutes and the rules of the director. In
			 accordance with the provisions of s.
			 230.24,
			 Stats., where other statutes and rules conflict with s.
			 230.24,
			 Stats., and the rules promulgated to effect such statute, the provisions of s.
			 230.24,
			 Stats., shall take precedence.
(3)
			 On initial appointment to or voluntary movement into a career executive
			 position, the employee becomes a career executive.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 30 - Career Executive Employment › Section ER-MRS 30.03 - Career executive candidate source and registers

Current through June 24, 2024
Career executive candidates may be classified civil service
				employees or persons from outside of the classified civil service. All
				candidates shall have demonstrated knowledges and skills acquired through work
				experience and training which, in the judgment of the director, will provide
				reasonable prospects for success in the type of positions included in the
				program.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 30 - Career Executive Employment › Section ER-MRS 30.05 - Certification

Current through June 24, 2024
Except as provided in ss. ER- MRS 30.07, 30.08, and 30.11(2),
				certification for appointment to a vacant career executive position shall be
				according to s.
				230.25,
				Stats.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 30 - Career Executive Employment › Section ER-MRS 30.06 - Career executive trial period

Current through June 24, 2024
(1) Upon initial
			 appointment to the career executive program, a career executive employee, prior
			 to attaining permanent status, shall serve a 2 year continuous service trial
			 period. If an employee transfers to a different agency while serving a trial
			 period, the trial period shall be restarted at the receiving agency. Upon
			 successful completion of the trial period, a career executive employee attains
			 permanent status as a career executive. Termination during a trial period will
			 be in accordance with s. ER-MRS 30.11. Except as provided in s. ER-MRS 30.11,
			 career executive employees shall be required to complete only one trial period
			 regardless of subsequent movement to other career executive positions,
			 including movement between agencies.
(3) An employee who has completed a trial
			 period, upon transfer to a new agency, may be required by the appointing
			 authority at the receiving agency to serve a permissive probation of up to 12
			 continuous months. At any time, during the permissive probationary period, the
			 receiving agency may remove the employee from the career executive position
			 without right of appeal. Any other removal or discharge during the probationary
			 period shall be subject to s.
			 230.34,
			 Stats. Termination of the permissive probationary period shall be in accordance
			 with ch. ER-MRS 13.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 30 - Career Executive Employment › Section ER-MRS 30.07 - Career executive reassignment

Current through June 24, 2024
(1) Career
			 executive reassignment means the permanent appointment by the appointing
			 authority of a career executive within the agency to a different career
			 executive position at the same or lower classification level for which the
			 employee is qualified to perform the work after being given the customary
			 orientation provided to newly hired workers in such positions.
(2) When an appointing authority determines
			 that the agency's program goals can best be accomplished by reassigning an
			 employee in a career executive position within the agency to another career
			 executive position in the same or lower classification level for which the
			 employee is qualified and when the reassignment creates a subsequent vacancy
			 for open recruitment consistent with s.
			 230.24,
			 Stats., the appointing authority may, upon approval of the director, make such
			 reassignment, provided it is reasonable and proper. All such reassignments
			 shall be made in writing to the affected employee, with the reasons stated
			 therein.
(3) An employee may not be
			 reassigned between agencies under the provisions of s.
			 230.24(4),
			 Stats., while serving the trial period.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 30 - Career Executive Employment › Section ER-MRS 30.08 - Career executive transfer

Current through June 24, 2024
Voluntary transfer of career executive employees shall be in
				accordance with ch. ER-MRS 15, except that where ch. ER-MRS 15 conflicts with
				this chapter, the provisions of this chapter shall apply.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 30 - Career Executive Employment › Section ER-MRS 30.10 - Career executive employee redress rights

Current through June 24, 2024
(1) Career
			 executive program employment grants to each employee thereunder rights and
			 privileges of movement between positions within the program and additional
			 competition as determined by the director. Career executive reassignment and
			 career executive voluntary movement to a position allocated to a classification
			 assigned to a lower or higher pay range shall not be considered a demotion, or
			 a promotion, respectively, and the statutory appeal rights provided thereto
			 shall not apply.
(2) Career
			 executive reassignment by the appointing authority, as defined under s. ER-MRS
			 30.07(1) and referred to in sub. (1), is authorized when the reassignment
			 creates a subsequent vacancy for open recruitment consistent with s.
			 230.24,
			 Stats. and upon approval of the director. However, an employee with permanent
			 status in the career executive program may appeal the reassignment to the
			 Wisconsin Employment Relations Commission if it is alleged that such
			 reassignment either constitutes an unreasonable and improper exercise of an
			 appointing authority's discretion or is prohibited by s.
			 230.18,
			 Stats.
(3) Removal of an employee
			 with permanent status in the career executive program from the career executive
			 program which results in the placement of the employee in a position allocated
			 to a classification assigned to a lower non-career executive pay range is
			 defined as a demotion, and may be appealed.
(4) Permanent status in the career executive
			 program grants an employee the same redress rights granted employees with
			 permanent status in class under s.
			 230.44, Stats.,
			 except as provided in sub. (1).
(5)
			 An employee in a career executive position serving a trial period shall have
			 the same right of appeal under s.
			 230.44, Stats.,
			 as an employee who does not have permanent status in class in his or her
			 present position.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 30 - Career Executive Employment › Section ER-MRS 30.105 - Layoff of career executive employees

Current through June 24, 2024
Layoff of career executive employees shall be in accordance
				with ch. ER-MRS 22, except that where ch. ER-MRS 22 conflicts with this
				chapter, the provisions of this chapter shall apply.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 30 - Career Executive Employment › Section ER-MRS 30.11 - Re-employment following termination of trial period

Current through June 24, 2024
(1) If a career
			 executive appointment is terminated prior to the completion of a trial period,
			 the employee shall have the same reemployment rights and eligibility as an
			 employee in a non-career executive position who is terminated prior to
			 completing a probationary period. In addition, an employee with permanent
			 status in a non-career executive position who is appointed to a career
			 executive position in an agency referred to as the "trial" agency, which is
			 other than the agency, referred to as the "status" agency, in which the
			 employee was serving with permanent status in class, and the termination was
			 without misconduct or delinquency, the employee shall be re-employed in a
			 position at or closest to the same or counterpart pay range level in which the
			 employee last achieved permanent status in class, as follows:
(a) Within the "status" agency, if terminated
			 during the first 12 months of the trial period, and
(b) Within the "trial" agency, if terminated
			 after the first 12 months of the trial period.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 30 - Career Executive Employment › Section ER-MRS 30.99 - Incumbents of positions placed in the career executive program

Current through June 24, 2024
(1) Each incumbent
			 whose position is placed in the career executive program shall immediately come
			 under the career executive employment provisions.
(2) Incumbents whose positions are placed in
			 the career executive program shall earn permanent status immediately upon
			 entering the program. However, incumbents serving a probationary period at the
			 time of entry shall not earn permanent status until they successfully complete
			 the probationary period specified in the appointment letter.
(3) The provisions specified in subs. (1) and
			 (2) shall also apply to persons on authorized leave of absence from positions
			 placed in the career executive program, commencing with their return.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 32 - Acting Assignments › Section ER-MRS 32.01 - Acting assignments

Current through June 24, 2024
When a position is vacant and the needs of the service require
				the performance of the duties of that position, a permanent employee may be
				temporarily assigned to perform those duties. When the employee intends to
				compete for the vacant position, the appointing authority will ensure an
				exceptional competitive advantage is not afforded for the position by virtue of
				the acting assignment.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 32 - Acting Assignments › Section ER-MRS 32.02 - Approval of the director

Current through June 24, 2024
The appointing authority shall submit a written request to
				make acting assignments which exceed 60 calendar days in length to the director
				for approval. This request shall state the anticipated duration of the acting
				assignment and provide such additional information as the director requires.
				Acting assignments not to exceed 60 calendar days shall be made at the
				discretion of the appointing authority.