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									                               Electronically scanned images of the published statutes.
16 .001          D EPARTME N T OF ADMINISTRATION                                                                                         244

                                                           CHAPTE R 1 6
                                           DEPARTMENT OF ADMINISTRATION
             Organization of department                                   16 . 305   State employes merit award board .
1 16002      Definitions                                                  16 , 31    Hazardous employment , injuries ., salary continued
16 0 03      Department of administration                                 16 32      Junior professional class
16004        Secretary , powers and duties                                1640       Department of administration duties, powers
16 .007      Claims board .                                               1641       Departmental accounting .g information , aid
16008        Payment of special charges by state for                      16 42      Departmental reports .
              extraordinary police service                                16 43      Budget compiled
1601         Statement of policy . .                                      16 44      Budget hearings
16 .02       Definitions .                                                16 45      Budget message to legislature .
16 04        Use of municipal and county buildings .                      16 46      Biennial budget ,t contents .
1605         Duties of personnel board                                    16 . 461   Biennial budget, summary of funds
16055        Assistance to counties, cities and villages                  1647       Budget bill
1606         Contractual services .                                       1648       Recommendation of joint f i nance committee on
1608         Classification of civil serv ice .                                       fiscal policy .
16 09        Legislative compensation council .                           16 49      Lobbying by off i cers ..
16 10        Appointments, promotions, changes in classified              16 50      Departmental estimates
              service                                                     16 . 51    Department of administration ; preauditing and
1 6 . 105    Classification and compensation plan                                     accounting; additional duties and powers .
16 106       Cost of living adjustments                                   16 52      Accounting
1611         Examinations ; procedure, where held                         16 . 525   State aid recipients' accounting
16 12        Application for admission to examinations ; forms            16 53      Preaudit procedure .
16 13        Applicants and          eligibles may be barred ;            16 . 535   Reimbursement for travel expenses .
              qualifications, bonds may be required .                     1654       Acceptance offedeial funds
16 14        Political or religious affiliations : no discrimination .    16545      Federal aid management service .
16. 15       Recommendations .                                            16 55      Uncollectible shortages
16 17        Classified service; appointments [o,o term of                16 . 58    Municipal auditing and reporting
              eligibility, separate lists for various localities .        16 60      Services to nonprofit corporations
16 18        Classified service; notice of vacancy, preference to         16 70      Purchasing; definitions
              veterans „ appointment objections to                        16 71      Purchasing, powers
16 19        Classified service ; promotions .                            16 72      Purchasing, duties
16 2 0       Classified service; provisional , emergency, limited         16 73      Purchase state-made articles
              term appointments                                           1674       Requisitions : disposal of surplus items .
16 21        Training programs                                            16 75      Buy on low bid, exceptions
16 22        Probationary period; permanent appointment                   1676       Contracts, contents , arbitration clause .
16 23        Transfers and reinstatements                                 16765      Nondiscriminatory contracts
16 . 24      Removals suspensions.s discharges, reductions.s
                       s                                                  16 ..'77   Audit of bills ; illegal contracts : actions to recover
              dismissals .s layoffs, resignations ,                       16 . 78    Warehouses
1625         Appointing officers to report appointments,                  1679       Duties of department of administration
              promotions reductions separations, efficiency,
                          s              s                                16 80      Records of state offices . .
              eu:, standards of performance ; service ratings .           16 81      Records management service
16 26        Roster of classified service: access to public               16 82      Powers of department of administration
              records                                                     16 825     Council on printing
16 27        Payrolls certif ied by secretary ; mandamus ; liability      16 . 83    State capitol and executive residence board .
              of appointing officer : taxpayers' suits .                  16 835     Offices in capitol
16 . 274     Leave of absence and salary while serving in                 1684       Department of administration : physical plant
              unclassified position.                                                  management .
16 . 275     State office hours ; standard work week ; leaves of         16845       Use of state buildings and facilities
              absence : holidays                                         16 85       Department of administration : powers , duties .
16 276       Restoration of employment .                                 16 . 855    Construction project contracts
16 2 '17     Seniority credit for federalemployment during               16 86       Supervision by principal engineer or architect
              emergency .                                                16 87       Approval of contracts by secretary and governor ;
16 28        Taxpayers' suits                                                         audit .
16 285       Interchange of government employer .                         16 88      Charges against projects
16 29        Duty and liability of appointing officer ; aged              16 89      Construction contr olled by chapter 16
             employer                                                     1690       Fuel for state heating and power plants
16 30        Political contributions and certain political               .1691       Contracts for fuel .
              activities prohibited .                                     16 . 93    Capitol and state office buildings parking
16 . 301     Obstruction or falsification of civil service                            regulations
              examinations .                                             1694        Burning bituminous coal near capitol
16 : 302     Prohibited appointments punished ..                         16 . 95     Powers and duties
16 . 303                     s
             Misdemeanors how punished

                 SUBCHAPTER I .                                          present clearly defined alternativess and objec-
            GENERAL ADMINISTRATION . .                                   tives of state programs and policies so that the
                                                                         state's agencies, the governor and the legisla-
16 . 001 Organizat i on of department. (1)                               ture mayy plan co-operatively and finance the
PURPOSES . The purposes of'this chapter ate to                           services which the state will provide for its citi-
conserve the state's resources by co-ordinating                          zens ; to help the state's agenciess furnish the
management servicess and providing effective                             agreed upon services as efficiently and effec-
aid to agencies of the state government; to                              tively as possible, avoiding any duplication of
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 245                                                     D EPART M E NT OF A DM I NISTRATIO N     16 .007

effort or waste of money; to assure the legisla-          (3) INVESTIGATIONS AND HEARINGS . . (a) The
ture and the governor that the services are being      department, when directed by the governor,
provided to the public at the agreed upon quan-
                              e                        shall investigate any irregularities, and all
tity, quality and cost ; and to anticipate and re-     phases of operating cost and functions, of exec-
solve administrative and financial problems            utive or administrative departments so as to de-
faced by the agencies, governor and legislature        termine the feasibility of consolidating, creating
of the state..                                         or rearranging departments for the purpose of
  (2) LIBERAL CONSTRUCTION OF STATUTES,                effecting the elimination of unnecessary state
Statutes applicable to the department of admin-        functions, avoiding duplication, reducing the
istration shall be construed liberally in aid of       cost of administration and increasing efficiency .
the purposes declared in sub . (1) .                      (b) The secretary may hold either public or
 16 .002 Definitions. In this chapter:                 private hearings to inform himself of any mat-,
                                                       tees relating to his functions and for that purpose
    (1) "Department" means the department of
                                                       shall be clothed with the powers relating to wit-
 administration .
                                                       nesses given by s . 885,01 (4) and s . 885 12 shall
   (2) "Secretary" means the secretary of admin-
 istration .                                           apply .
                                                          (4) FREEDOM OF A ccESS . The secretary and
   (3) "Board" means the personnel board .
                                                       such employes of the department as he desig-
   (4) "Departments" means constitutional of-
                                                       nates may enter into departments and examine
fices, departments and independent agencies and
                                                       their books and accounts and any other matter
includes all societies, associations and other
                                                       wh ich in the secretary's ,judgment should be ex-
agencies of state government for which appro-
                                                       amined and may interrogate the department's
priations are made by law .
                                                       employes publicly or privately relativee thereto..
 16 .003 Department of administration . (1)               (5) DEPARTMENT'S AND EMPLOYES TO COOP-
PURPOSE, The department shall carry out the            ERATE, All departments, and their officers and
purposes of -this chapter by improving the tech-       employes, shall cooperate with the secretary
niques used for such management specialties,           and shall comply with his every request relating
not limited by enumeration, as budgeting, ac-          to his functions :
counting, engineering, purchasing and person-             (6) MANAGEMENT AUDITS . The secretary
nel and records management ; by coordinating           shall periodically make management audits of
and providing services which are used by more          departments of the state, utilizing teams of spe-
than one agency, and by reviewing agencies'
          e                                            cialists in the fields of purchasing, - personnel,
programs and management to identify problems           accounting, budgeting,, space utilization, forms
and suggest improvements .                             design and control, records management, and
   (2) STAFF . The secretary shall appoint, under      any other specialties necessary to effectively ap-
the classified service, the staff necessary for per-   praise all management practices, operating pro-
forming the duties of the department When a            cedures and organizational structures .
vacancy occurs in the position of director of
personnel the personnel board shall prepare and         16 .007 Claims board . (1) PURPOSE The
conduct an examination for the position in the         claims board shall receive, investigate and make
manner usually followed and prescribed by              recommendations on all claims presented
subch : II for all other positions, and the gover-     against the state which are filed pursuant to s ,
         l          e
nor shall make the appointment from the top 3          16 .53 (8) No claim or bill relating to such a
names certified to the secretary                       claim shall be considered by the legislature until
                                                       a recommendation thereon has been made by
 16 .004 Secretary, powers and duties . ( 1 )
                                                       the claims board
RU LE S . The secretary shall establish rules for
administering the department and performing
                   e                                      (2) RULE S The board shall not be bound by
the duties `assigned to it, subject to the rules       common law or statutory rules of evidence, but
established by the personnel board                     shall admit all testimony having reasonable
   (2) INFORMATION; REPORTS; RECOMMENDA-               probative value, excluding that which is imma-
iiorrs The secretary shall furnish all informa-
                           l                                            t
                                                       terial, irrelevant or unduly repetitious . It may
tion ` requested by the governor or by any             take official notice of any generally recognized
                                                           e              e
member of the legislature . The secretary shall        fact or established technical or scientific fact,
report to the governor and the board on govern-        but parties shall be notified either before or dur-
ment operations by July 15 of each year recom-         ing hearing or by full reference in preliminary
mendations and legislative proposals which will        reports, or otherwise, of the facts so noticed,
improve the administration of the state's agen-        and the parties shall be afforded an opportunity
cies, which shalll be a public document ,              to contest the validity of the official -notice::
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 16 . 007 DEPARTMENT OF ADMINISTRATION                                                                      246

    (3) PROCEDURE . When a claim has been re-                                          t
                                                          state provided at the request of a state officer or
 ferred to the claims board, it shall schedule            agency charged with the operation and preser-
           m              ,
 such claim for hearing, giving the claimant at           vation of such property, or his or its designee . .
 least 10 days' written notice of the date, time         The payment shall be on the basis of actual ad-
 and place - thereof . The board shall keep a             ditional cost to the municipality or county pro-
 record of its proceedings, but such proceedings         viding the extraordinary police service for wage
 may be recorded by a permanent recording de-            and disability payments, pensions and work-
 vice without transcription It may require               men's compensation payments, damage to        e
 sworn testimony and may summon and compel               equipment and clothing, replacement of ex-
 attendance of witnesses and the production of           pendable supplies, medical expense, transporta-
 documents and records . Any member of the               tion expense and any other necessary expenses .
 board may sign and issue a subpoena . .                 The clerk of the municipality or county request-
    (4) DEPARTMENTS TO COOPERATE , The sev-              ing payment f r om the state shall transmit the
 eral departments shall cooperate with the board         itemized statement of charges to the requesting
 and shall make their personnel and records              state officer or agency and the state officer or
 available upon request when such request is not         agency shall review the statement and refer , it,
 inconsistent with other statutes :                      with recommendations, to the claims board for
    (5) FINDINGS, The board shall report its find-       its consideration : If the claims board finds that
ings and recommendations, on all claims re-              payment of the statement of charges, or any
ferred to it, to the legislature for- action If f r om   part thereof, is proper under this section, it may
its findings of fact the board concludes that any        order the amount paid on its own motion with-
such claim is one on which the state is legally          out submission of the claim to the legislature,
liable, or- one which involves the causal negli-         any provisions of 's 16,007 to the contrary not-
gence of any officer, agent or employe of the            withstanding . Such amount shall be paid out of
state, or one which on equitable principles the                                   e
                                                         the appropriation made by s . 20 865 (3)
state should in good conscience assume and                  (2) " Extraord inary police services" are those
pay, it shall cause a bill to be drafted covering
                                                         police services which are in addition to those
its recommendations and shall report its find-
                                                         being maintained for normal police service func-
ings and conclusions and submit the drafted bill
                                                         tions by the municipality or county involved and
to the joint committee on finance at the earliest
                                                         are required because of an assemblage or activity
available time. A copy of its findings and con-
                                                         which is or threatens to become a riot, civil dis-
clusions shalll be submitted to the claimant
within 10 days after the board makes its deter-          turbance, mob vi olence or other similar circum-
mination .                                               stance .
   (6) SETTLEMENT . Whenever the claims                                 SUBCHAPTER IL .
board by unanimous vote finds that payment of                            CIVIL SERVICE . .
less than $500 to a claimant is justified, it may
                                                          16 . 01 Statement of policy. It is the pur-
order the amount so found to be justified paid
on- its own motion without submission of the             pose of this subchapter to provide the state's
claim in bill form to the legislature . Such             agencies with adequate and competent staffs
amounts shall be paid upon the certification of          which furnish the state's services to its citizens
the chairman and secretary of the board from             as efficiently and effectively as possible . It is the
the appropriation made by s . 20 . 505 (3) (a), (g)      policy of'the state that, in the classified service,
or (9) ;                                                 such staff's shall and can best be provided by
                                                         personnel management methods which apply
   (7) ExcErrio N : This section shall not be con-
strued as relieving any 3rd party liability or re-       the merit principle,, with adequate civill service
leasing any , joint tort-feasor                          safeguards . To this -end,, the personnel board
                                                         and the department of administration, its offi-
  (8) ExrErrs E S. The board may pay the actual
and necessary expenses of employes of the de-            cers and employes, shall develop, promote and
paixment of justi ce or the department of admin-         protect a personnel management program
istration authorized by the board to secure              which assures thatt the state hires the best quali-
material information necessary to the disposi-           fied persons available and bases the treatment
tion of a claim                                          of its employes upon the relative value of" each
                                                         employe's services and his demonstratedd com-
16 .008 Payment of special charges by                    petence and fitness
state for extraordinary police service . (1)
The state shall pay for any extraordinary police          16 . 02 Definitions . In this subchapter, un-
service on and in the immediate vicinity of any          less the context otherwise requires :
property owned by or under the control of the
                                e                          (1) "Board" means the personnel board .
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247                                                           DEPARTMENT OF ADMINISTRATION               16. 08

   (2) "Civil service" means all offices and posi-        of'any modifications thereof shall be given in due
tions of trust or employment, including mechan-           season to appointing officers affected thereby,
ics, artisans and laborers, in the service of the         and such rules and modifications shall also be
state, except offices and positions in the organ-         printed for public distribution .
ized militia .                                                (3) Make investigations concerning all mat-
   (.3) `.`Appointing officers" means the officer,        ters touching the enforcement and effect of ss,
commission, board or body, having the power of             16 .01 to 16 32 and the rules prescribed there-
appointment, or election to, or removal from,             under concerning the action of any employe of
subordinate positions in anyy office, department,         the department of administration and any per-
commission, board or institution . .                      son in the public service, in respect to the execu-
  -(4) ".Subordinate" or "employe" means any              tion of said sections..
person holding a subordinate position subject to             (a) Each member of'the personnel board and
appointment, removal, promotion or reduction              the director may administer oaths and take testi-
by any appointing officer .                               mony The board and the director may examine
   (6) "Department" means any officer whose               such public records as it requires in relation to
office is created by constitution or statute, or any      any matter which they have authority to investi-
agency so created, except legislative and judicial        gate . . . All officers and other persons in the civil
officers and agencies and offices and agencies            service shall attend and testify when requested
createdd within departments as here defined .             to do so by the board or the director
   (7) "Director" means the director of person-              (b) Each person not in the civil service who
nel in the department of administration ap-               appears before the board or the director by order
pointed pursuant to s . 16.003 (2) .                      shall receive for his attendance the fees and mile-
                                                          age provided for witnesses in civil actions in
16 .04 Use of municipal and county build -
                                                          courts.of"record, which shall be audited and paid
ings. The officials in controll of municipal and
                                                          upon presentation of proper vouchers . But no
county buildings, upon requisition by the direc-
                                                          witnesses subpoenaed at the instance of parties
toi, shall furnish convenient offices and rooms
                                                          other than the board or the director shall be
for' examinations, and necessary furniture, heat
                                                          entitled to compensationn from the state for at-
and light for the accommodation of local exam-
                                                          tendance or travel, unless the board or the direc-
iners .
                                                          tor certifies that his testimony was relevant and
16 . 05 Duties of personnel board . The per-              material to the matter investigated ..
sonnel board shall :                                       11 (4) Include in its annual report under s . 15 07
   (1) Hear appeals from any action taken by the          (6), recommendations for improvements in state
director in any matter arising under ss 16 01 to          personnel management practices .
 16. .32, upon the application- of any interested           (5) Keep minutes of its own proceedings and
party . : . No appeal shall be granted unless a notice    other official actions.. All such records shall,
of such appeal is received by the board not more          subject to reasonable regulations, be open to
than 10 days after the effective date of the action       public inspection..
on which the appeal is made The decision of the
board on such appeals shall be final except that          16 .055 Assistance to counties , cities and
any such determinations may be appealed to the            villages. The director of personnel shall, when
appropriate court : H earings on appeals shall be         requested by the proper authorities, render ser-
open to the public except that the board- may             vice in accordance . with this subchapter to
close a hearing at the request of the appellant :         counties, cities and . villages, and shall charge
 `- (2) After a public hearing, review and approve        the cost of such service to the city, village or
any rules submitted by the director for carrying          county for which it is performed .
into effect ss. 16 01 to 16 . .32 . . All rules so pre-
scribed shall be subject to the approval of the           16 .06 Contractual services . The depart-
governor, and they may, subject to like approval,         ment or its agents may contract for personal
be added to, amended or rescinded . The board             services which can be performed more economi-
may propose such rules as it deems necessary to           cally'or` efficiently by such contract .
carry out ss : `16 01 to 16 :32 subject to the ap-
proval of the governor. If the governor takes no           16 . 08 Class ifica tion of ci v il serv i ce . (1)
action on a rule or amendment submitted to him            CLASSES The civil : service is divided into the
within a period of 10 days from the date of its           unclassified service and the classified service .
submission, then the rule or amendment shall                (2) UxcL.ASSiFiED SERVICE, The unclassified
become effective as though approved by the gov-           service comprises positions held by :
ernor . Notice of`the contents of such rules and            (a) All officers elected by the people .
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 16 .08   DEPARTMENT OF ADMINISTRATION                                                                    248

   (b) All officers and employes appointed by the
                      d                                 16 . 09 Legislative compensat i on council .
governor whether subject to confirmation or             The legislative compensation council shall bien-
not, unless otherwise provided .                        nially review the salaries established under s .
   (c) The director, associate director, assistant      20 923 (2) for members of the legislature, and
director, librarian of the historical society li-       shall submit its recommendations, in writing, to
brary, state archivist and director of research of      the director of personnel and the personnel
the historical society ; and, with the approval of      board for appropriate action under s . 16 . .105 . (2)
the board of ' curators and the director ofperson-      (a), (3) and (4) . Such recommendations shall be
nel, such number of specialists as are required by      submitted to the director andthe board no later
the society for specific research, writing,, collect-   than September 1 of the even-numbered year .
ing or editi ng projects which for a limited period      16 . 10 Appointments ,             promotions,
of time not to exceed 2 years, renewable at the         changes in classified service . (1) Appoint-
discretion of the board of curators and the direc-      ments to, and promotions in the classified ser-
tox of per sonnel for an additional 2-year period,      vice, shall be made only according to merit and
require persons with particular training or expe-       fitness, which, except as otherwise provided by
rience in a specialized phase or field of history,      law shall be ascertained so far as practicable by
historical research, writing, collecting or editing,    examinations which so far as practicable, shall
and any persons whose entire salary is paid from        be competitive.
funds` reapptopriated to the society by s 20 245           (2) The director may designate : persons in or
(1) (g) where competitive examination is imprac-
                                                        out of the official service of the state or of any
tical .                                                 city : or county who shall, if in the service, with
   (d) All presidents, deans, principals, profes-       the consent of the head of department or office
sors, instructors, research assistants, librarians      in which such person serves, act as local exam•-
and other teachers, as defined in s 42,20, in the       iner . Such persons in the official service, in the
university of Wisconsin and state universities          performance of such duties as the director or-
   (e) All other officers and employes of the state     deist shall be under the direct and sole control
whose positionsare expressly excluded from the          of the director, and their duties shall be consid-
classified service by statute or whose positions        ered part of the duties of the offices in which
cannot be placed under the classified service be-       they are serving, and time shall be allowed there-
cause of the restrictions placed on them by stat-       for during office hours .
ute .                                                      (3) No person shall be appointed, transferred,
   (f) All legislative officers and, in addition,       removed, reinstated, promoted or reduced as an
such policy research personnel, assistants to leg-      officer, clerk, employe or laborer in the classified
islative leaders, and research staff ' assigned to      service in any man ner or by any means, other
legislative committees and party caucuses as            than those prescribed in ss . 16 01 to 16 ..32 .
each house of the legislature by resolution ap-
proves                                                   16 .105 Classification and compensation
   (fin): The director and personnel of the legisla-    plan . (1) The director, with adv i ce and ap-
                                                        proval of the personnel board, shall ascertain
tive fiscal bureau ,
                                                        and record the duties and responsibilities of ;
   (g) One deputy or assistant and one stenogra-
                                                        and establish grades and classes for, all posi-
pher of each elective executive officer .
                                                        tions to which this chapter applies .. Each class
   (h) The clerks and other assistants and em-          shall include positions requiring duties which
ployes of the supreme court..                           are substantially similar in respect to the au-
  (j) Boys employed in the youth camps created          thority, responsibility, and character of the
under s 23 09 (2.3) .                                   work required in the performance thereof ' and
   (3) CLASSIFIED SERVICE, (a) The classified                l
                                                        shall be designated by a title indicative of such
service comprises all positions not included in         duties . . Each class shall be so defined that the
the unclassified service .                              same requirements as to education, experience,
   (b) Employes holding permanent or sessional          capacity, knowledge and skill are demanded of'
classified service positions in the joint legislative   incumbents for the proper performance of their
council, legislative reference bureau or statutory      duties, that the, same tests of fitness may be
revision bureau shall have the same legal status        used in choosing qualified appointees; and that
as employes holding permanent classified sex- d         the same schedule of pay can be made to apply
vice positions in the administrative branch, but        with equity under like working conditions.. As
for purposes of s: 41 . 02 (6) (b), such sessional      far as practicable the natural or probable lines
employes shall be deemed employed by the legis-         of promotion to and f r om the class of position
lative service agency less than 600 hours each          shall be designated or indicated . The titles of
year .                                                  positions so established shall be used in all re-
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 249                                                       DEPARTMENT OF ADMINISTRATION                 16 . 105

 ports and pay rolls and in all estimates request-        other compensation to employes eligible there-
 ing the appropriation of money for personal                                  h              y
                                                          for Such length of service pay shall be based
 services                                                 upon length of continuous state service, as deter-
    (lm) After consultation with the appointing           mined retroactively under s 16 . 275, as follows:
 authorities, the director shall allocate each posi-      $100 for at least 10 but less than 15 years of
 tion in the classified service to an appropriate         service ; $150 for at least 15 but less than 20 years
 class in the classification plan on the basis of its                            r
                                                          of service ; $200 for at least 20 but less than 25
 duties,- authority and responsibilities . . He shall     years of service ; and $250 for 25 or more years
 likewise reallocate positions from class to class        of set-vice,
 on the same basis whenever he finds such action              (bn) The director in like manner may establish
 to be warranted . If a position is reallocated to a      separate pay schedules for part time which is less
 class having a lower salary range maximum than           than one-half time on a daily, weekly or monthly
 the incumbent's current rate of pay, the salary of       basis, short-term, project and student employ-
the incumbent : while employed in such position           ments . The director may pursuant to s. 16 . . 05 .(2)
shall be adjusted in accordance with rules of the
                                       h                  establish special rules for recruiting and exami-
board so that such rate will be within the proper        nation in such employments Fringe benefits
salary range within the period specified by such         specifically authorized by statutes, with the ex-
rules. An establishment list shall be maintained         ception of workmen's compensation, unemploy-
by the director for each employing unit showing          ment compensation, group insurance,
by classes the types and number of positions that        retirement and social security coverage, shall be
have been established and maintained . The               denied these employments .
board after considering the recommendation of                (bx) The director, with the approval of the
the director shall provide in its rules the proce-       joint committee on finance, or the board on gov-
duie for establishing, discontinuing and abolish-        ernment operations when the legislature is not in
ing positions .                                          session, may establish a separate salary schedule
   (2) (a) The director shall, after a public hear-      for teachers reflecting length of service and pro-
ing and with the advice and approval of the              fessional training and otherwise having the same
personnel board, establish and maintain salary           general provisions prevalent in schedules used in
schedules and ranges for . all positions and em-         the public school system, The amount of individ-
ployments in the state service to which this             ual salary adjustments and the frequency of ad-
chapter applies . .                                      justments shall be provided for in the teachers'
    (b) Each such range shall provide for a mini-        salary schedule . The total amount to be budg-
 mum and a maximum rate of pay, and for inter-
                              e      ,                   eted and used for salary increases, however,
 mediate salary steps to govern salary increases         shall be limited to an amount consistent with
 for meritorious service The director shall not
                                e                       par. . . (e) . The director may likewise establish a
 certify the salary of anyperson holding any such
                                         g              separate salary schedule for persons licensed to
 position or , employment, unless such salary is at     practice medicine reflecting professional train-
 the minimum or maximum of such range, or is            ing and experience in the field of medicine and
 at an intermediate step: within such range, or is      recognizing specialization in this field . The di-
 increased within the authorized salary range in        rector, may likewise establish a separate pay plan
 multiples of $1 ; but this provision shall not pre-    and salary schedule for 'the legal staff' of the
vent the payment of ' .any added pay fox added          department of justice In like manner the direc-
hours of work under rules of the board, which           tor may establish a separate salary schedule for
shall be considered separately from the basic           other persons eligible to practice law reflecting
salaiy ;rate of the . employer nor shall it prevent     experience, expertise and specialization in the
payment of ' salaxy rates above the maximum as          legal field:.
provided: in sub . : (lm) .                                 (c) Merit increases within salary ranges shall
   (bfl As a reward for long and faithful service,      be allowed each year to employes in the classi-
departmentt heads shall grant length of service         fied service, by each department head for- his
pay to eligible employes in the classified service,     department, in accordance with this section and
except employes paid on a prevailing rate and           rules and regulations of' the board, subject to the
employes on part-time (which is less than half'         following limitations :
time, on a daily, weekly or monthly basis), short-         1 . The total of all such merit increases for any
term, project and student employments . Such            fiscal year shall not exceed the amount budgeted
length of" service pay shall first be paid in De-       pursuant to par (e) :
cembex 1969 to employes eligible therefor, as               2 . It is declared to be legislative intent that
determined under- rules of the personnel board,         merit increases be granted only on the basis of
                                                                t                     d
and shalll be paid in December of each year on          meritorious service and not be granted for rea-
a da lle deteimined by the director in addition to      sons of longevity, employe need, level of salary
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16 .105    DEPARTMENT OF ADMINISTRATION                                                                     250

 range or for other such reasons. The personnel            merit increases Such amount shall be equal to
boar d shall establish rules for assuring that state       the sum of:
 departments follow procedures which promote                  1 Eighty per cent of the amount which would
 this end, including therein the use of perform-           be required if ' every . employe eligible for a merit
 ance standards, evaluation reports and such               increase on July l were to receive an increase
other measurements as they may require . For               equal to one intermediate step or the portion
the 1969-70 and 1970-71 fiscal years only, the             thereof required to reach the maximum in the
provisions of ' this paragraph requiring merit in-         range; but if ' such 80% is not an exact multiple
creases to be granted only on the basis of merito-         of $1, it shall be increased to the next higher $1
rious service are waived to the extent necessary           multiple .
to permit implementation of the joint committee               2 . The amount estimated to be required dur-
on finance's recommendations that such in-                                    y
                                                           ing the budgetary period for the merit increases
creases be granted on a basis other than merit ..          authorized by par .
In the event that no budget has been passed by                (em) Each department head shall, in submit-
July 1, the provisions of the preceding sentence           ting his budget to the governor-elect and to the
shall be retroactive to the July 1 pay period, and         joint committee on finance, request an amount
any funds required to implement these provi-               which is estimated to be required during the
sions which are in excess of the 80% of the funds          budgetary period for length of service pay au-
budgeted may be provided from the appiopria-               thoiized by par (bf)
tion under s . 20. 865 (1) (c)                                (3) Immediately after the organization of the
   3 . . No appointing officer shall award an em-         ,joint committee- on finance in each regular ses-
ploye a merit increase exceeding 2 intermediate            sion of the legislature, the director shall report
steps du r ing the fiscal year, Merit increase of '2       to such committee the following :
intermediate steps shall be granted by an ap-                 (a) The standard salary ranges for the various
pointing officer only for exceptionally meritoii-          grades and classes of positions in the classified
ous service                                                civil service .
   4 . An appointing officer may award merit in-              (b) Recommendations, based upon experience
creases amounting to as much as 2 intermediate             in recruiting the service, data collected as to
steps to not more than 10% of the eligible em-             rates of pay for comparable work in other public
ployes in his department during the fiscal year,           services and in commercial and industrial estab-
based on the total number of eligible employes
        d                                                 lishments, and any special studies carried on, as
on July 1 In computing the 10% limitation, any             to the need for changes in the compensation
resulting fraction shall be rounded to the next            schedule f 'or any grade and class or group of
higher unit.                                               classes :
                                                             (c) Any other matters that seem pertinent in
   5 . No employe shall be eligible for a merit
                                                          developing and administering a compensation
increase if' he has not then completed the first 6
months of a probationary period established               plan for the classified service which takes proper
                                                          account of prevailing market rates, costs and
pursuant to s 16 . 22 ' (1) .
                                                          standards of living, the state's employment poli-
   6 . It is declared to be legislative intent that all
                                                          cies, and the state's financial resources and
compensation adjustments for state employes
                                                          needs . .
that are approved by the legislature shall take
                                                             (4) (a) The standard' salary ranges submitted
effect on, the beginning of the pay period closest
                                                          by the director pursuant to subs (2) and (3), as
to July 1 .                                               may be modified by the joint committee on fi-
   (d) An employe, on completion of the first 6           nance, shall constitute the state's compensation
months of a probationary period established               plan for positions in the classified service ; pro-
pursuant to s . 16 .22 (1), shall be granted an           vided, that the personnel board, with the ap-
increase of" not more than one intermediate sal-          pioval of the director and board on government
ary step .                                                operations, while the legislature is not in session,
   (dx) The basic salary of an employe promoted                                           n
                                                          may change the compensation schedule for any
to fill a vacancy in a position in a higher salary        grade and class when such action is made desira-
range, shall be increased to the minimum of the           ble by changing employment and economic con-
new salary range or to that point above the mini-         ditions. The authority of the j oint committee on
mum which will give him a total salary increase           finance and the board on government operations
equal to one step in the range to which he is             shall be limited to the revising of the standard
promoted .                                                salary ranges and the reassignment of" classes to
   (e) Each department head shall, in submitting          salary ranges and approving features r equired to
his budget to the governor-elect and to the joint         implement and administer' such revisions and
committee on finance, request an amount for               reassignments : Except as otherwise provided by
                      Electronically scanned images of the published statutes.
  251                                                                   DEPARTMENT OF ADMI N ISTRATION 1611

  law, the joint committee on finance and the                        personnel board, if ' any employe terminates with
 board on government operations shall not be                        a department during the fiscal year, the monthly
 empowered under this section to establish lon-                     amount of ' the merit increase granted to him on
 gevity pay plans or to grant general salary ad-                    July 1 of that fiscal year may be distributed by
 justments to all employes . Any modification of                    the appointing officer to other eligible employes
 the plan under this subsection may be disap-                       in the department ; in $5 multiple amounts, the
 proved by the governor within 10 calendar days .                   total monthly distribution of which shall not
 A vote of 9 members of the joint committee on                      exceed the monthly incr ease granted to the ter-
 finance, or 5 members of the board on govern-                      minated employe on July 1 . This redistribution
 ment operations is required to set aside any such                  shall be subject to the limitations and require-
 disapproval of the governor ,                                      ments of the merit increase program, and no
    (b) This subsection shall not apply to em-                      salary increase shall take effect unless the result-
 ployes of the legislature under s 13 . 20 (2),                     ing salary is certifiable under this section .
     (5) (a) The director shall establish a plan for                   (7) Notwithstanding any other provision of
  extra compensation of 5 cents per hour effective                  the statutes, all compensation adjustments for -
  July 1, 1967, and 10 cents per hour effective July                state employee shall be effective on the begin-
  1, 1968, to be paid for hours worked between 6                    ning date of the pay period nearest the statutory
  p ,m and 6 am, by persons in full-time positions,                 or administrative date
  and part-time positions where employment reg-
  ularly equals or exceeds one-halftime on a daily,                 16 .106 Cost of living adjustments . In a
 weekly or monthly basis, and shall .l promulgate                  rapidly changing economy it has been found
 rules for determining eligibility for such extra                  necessary to adjust salaries in accordance with
 compensation . . Such rules shall provide that the                changes in consumer prices . . Such adjustments
 extra compensation will be paid to all employee                   shall be derived as follows :
 for .the portion of regularly scheduled hours that                   (1) The revised consumer price index, all
 fall between 6 p ,m and 6 a . m , but may exclude                 items, all cities combined, established by the bu-
 hours so worked on an unscheduled basis . . No                    reau of labor statistics of the U .. S department
 person is eligible for such extra compensation in                 of labor, as printed in the monthly labor review
 a full or part-time position unless he has worked                 or as otherwise released, shall be used for com-
 not less than 2 hours between 6 p.m . and 6 a . m .               puting increases or decreases in the salary
 There shall be added to the amount otherwise                                                 s
                                                                     (2) The base salary rates and ranges shall be
 paid in a pay period to an employe any amount                     adjusted upward or downward effective ,July 1 of
 earned under , this subsection, which shall be                    each year in the amount of $1 for each 0 6 points
 considered separately from the basic salary rate                  of change between the cost of living index on
 of the employe . .The d irector shall report any                  April 15 of that year and April 15, 1961
 recommendation for changes thereof to the joint                      (3) Such cost of living adjustment shall not be
 committee on finance pursuant to sub . . (.3) .                   deemed or const r ued to constitute a change in
   (b) Meals furnished an employe by , the em-                     classification, rank, promotion or compensation
ploying state agency, while the employe is re-                     and the civil service status of ' such employe shall
quired by the agency to take meals in the                          be determined without reference thereto . .
performance of assigned - duties of responsibil-                      (4) All employes employed on a part-time ba-
ities, shall be furnished without charge to the                    sis shall be paid such portion of the cost of' living
employe or deduction from the employe's salary .                   adjustment as their actual time employed bears
   (6) Consistent with sub . (2) it is the declared                to full-time employment
 public policy that salaries of employee in the                       (5) Each department head or officer shall cer-
classified service, as defined in s ,. 16 . . 08 . :(3), . shall   tify to the department of ' administration, at such
be increased from time to time consistent with                     time and in such manner as the department of
good personnel management practices and to                         administration prescribes, the sum of money
recognize and encourage meritorious service,                       needed for the cost of living adjustment Upon
until the maximum of the salary range for the                      receipt of said certifications together with such
position has been reached . Except as otherwise                    additional information as may be required, the
provided herein and in sub (2) (d) such merit                      secretary of administration shall supplement, at
increases shall be made only at the beginning of                   such times and in such amounts as he deter-
a fiscal year, Appointing officers shall at such                   mines, the respective appropriations from the
time after July 1 each year as specified by the                    appropriation provided in s 20 865 (1) (c) ,
director of personnel file with him and with the
department of administration a list of employes                    16 .11 . Examinations ; procedure, where
showing their then existing salaries and their                     held . (1) All examinations for positions in the
proposed new salaries Subject to rules of' the                     classified service shall be of' such character as to
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 16 .11   D E PA RTM EN T O F A DMIN IST R ATIO N                                                        252

  determine the qualifications, fitness and ability        (3) I t is the declared policy of the state that
 ofthe persons examined to perform the duties of        under the operation of`ss. 16 01 to 16 32, there
 the class for which the register is being estab-       shall be a fair distribution throughout the state
 lished The examinations may be written, oral,          of'persons accepted for the classified service, and
 physical,, evaluation of training and experience,      to that end examinations shall be held at conven-
 demonstration of skill, or any combination of          ient points in the state . .
 such types . . The examinations may take into con-        (4) The director may require candidates who
 sideration such factors, including education, ex-      have satisfied the preliminary requirements, to
 perience, aptitude, capacity, skill, knowledge,        undergo an examination, in cases where oral
 character, physical fitness and other qualifica-
            ,                                           tests or tests for manual skill or use of instru-
 tions, as in the judgment of the director, enter       ments in constructive work may be necessary, at
 into the determination of the relative fitness of      convenient or designated places in thee state
 the applicants. A person failing in the written
                                                            (5) Whenever an oral examination of appli-
 portion of any such examination shall not be
                                                        cants is to be required, the director shall list in
 permitted to participate or continue with any
                                                        the examinationn announcement the qualifica-
 other remaining portion of such examination . .
                                                        tions which will be appraised in the oral exami-
 No question shall be so framed as to elicit infor-
                                                        nation . The system of oral examinations shall be
 mation concerning the political or religious
                                                        designed to produce objective data upon which
 opinions or affiliation of an applicant . Every pre-
                                                        oral ratings shall be assigned and shall be de-
 caution shall betaken to prevent any unauthor-
                                                        signed to appraise such factors as ability to as-
 ized person from gaining any knowledge of the
                                                        sume responsibility, initiative, or ability to
 nature and content of the tests that is not availa-
                                                        co-operate with others : . Applicants shall be given
 ble to every applicant. The director shall utilize
                                                        an opportunity to produce actual evidence of
 appropriate scientific techniques and procedures
                                                        occasions when they have demonstrated the
 in rating the results of examinations and deter-
                                                        qualificationss being measured . Applicants may
 mining the relative ratings of the competitors If
                                                        use names, dates and places, or other factual
 2 or mote competitors have like averages in the
 total examination, the order in which their            data necessary to substantiate evidence given :, A
                                                        record of'each oral examination shall be kept for
 names shall appear on the register shall be deter-
 mined by that component part of the several            the purpose of validation and review andd for
 parts of the total test as in the judgment of the      contributing to the objectivity of'the entire proc-
 director has been determined as most significant       ess,
in relation to the job for which the examination           (6) The director may appoint specially consti-
is given ,                                              tuted boards of examiners for the purpose of
    (2) The competitive examinations shall be free      conducting oral examinations as a part of the
and open to all applicants who are citizens of ' the    recruitment procedure for certain positions,
United States and who have been residents of            Each such board may include one representative
this state for one year prior to their application      from the department of administration and from
and who have fulfilled the preliminary require-          1 to 3 other well-qualified members, of whom at
ments stated ins 16 12, and shall be held at such       least 1 or 2 shall not be permanent employes of
times and places as, in the judgment of the direc-      the state . . The outside members shall be well
toi ; most nearly meet the convenience of appli-        qualified, impartial, and of' recognized attain-
cants and needs of the service .. To insure             ment in their respective fields : Whenever such
competitive equality between the blind and per-         oral examinations of applicants are required, all
sons not so handicapped in connection with the          questions asked and answers made shall be re-
taking of civil service examinations, the appli-        corded and made a part of the records of such
cant may request from the department of admin-          applicants. .
istration the furnishing of an amanuensis or a             (7) Records of examinations given under this
reader when necessary, and the furnishing of a
                               d                        section shall be retained for a period of not less
place to take such examination, or such other           than one' year ..' Inspection of such records shall
similar prerequisites to insure . equality in such      be regulated by rules of the personnel board .
examination .. Upon certification of the appoint-
ing authority of any state department that a crit-       16 . 12 Application for admission to exami-
ical need for employes in a specific classification     nations; forms . (1) The director, shall require
exists the director may open competitive exami-
      s                                                 persons applying for admission to any examina-
nations to residents of other states who have           tion provided for under ss : 16.01 to 16 32, or
fulfilled the preliminary requirements stated in        under the rules of the board, to file in the office
s 16. 12 . In a like manner the director may open       of the department of administration a'xeasona-
examinations to qualified professional and tech-        ble time prior to the proposed examination, a
nical applicants without regard to citizenship . .
                   s                                    formal application
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 253                                                      DEPART M E NT OF A D MI N ISTRATIO N       16 .15

    (2) The director may require in connection         notice of'such appeal is received by the director:
 with such application such certificates of' citi-     not more than 10 days after the date of" such
 zens, physicians or, others having knowledge of       statement... Upon request of an applicant or an
 the applicant, as the good of the service may         eligible for a civil service position who is blind,
 require,                                              the services to the blind, division of'public assist-
    (3) Blank forms for such applications shall be     ance, department of health and social services,
 furnished by the department of` administration        shall obtain from such director a detailed de-
 without charge to all persons requesting the          scription of all duties entailed by such position
 same :                                               and investigate the necessity for eyesight in the
                                                      fulfillment of the duties of any position ; and
 16 . 13 Applicants and eli g ibles may be            shall determine and report its findings to the
barred ; qualifications, bonds may be re-             director; as to the physical ability of the appli-
quired. (1) The director may refuse to examine        cant, or eligible, to perform the duties of such
the applicant, or after examination to certify an     position . . Such findings shall be conclusive as to
eligible :                                            the physical qualifications of any applicant, or
   (a) Who is found to lack any of the prelimi-       eligible, so examined .
nary requirements established for the examina-           (3) When any position to be filled involves
tion for the position or employment for which he      fiduciary responsibility, the appointing officer,
applies;                                              where otherwise permitted by law, may require
  (b) Who is physically or mentally so disabled       the appointee to furnish bond or other security,
as to be rendered unfit for the performance of        and shall notify the director of the amount and
the duties of the position to which he seeks ap-      other details thereof. Any surety company au-
pointment, exceptthat a person shall not be dis-      thorized to do business in this state, shall be a
criminated against because of total or partial        sufficient security on any such bond ..
blindness unless normal eyesight is absolutely
indispensable to do the physical acts to be per-       16 .14 Political or religious affil i ations; no
formed ;                                              discriminat i on . No question in any form of ap-
    (c) Who is addicted to the habitual use of'       plication or in any examination shall be so
intoxicating liquors to excess;                       framed as to elicit information concerning the
   (d) Who has been guilty of any crime or of         politicall or religious opinions ox affiliations of
infamous or notoriously disgraceful conduct ;         any applicant, nor shall any inquiry be made
                                                      concerning such opinions or affiliationss and all
   (e) Who has been dismissed from the public
service for delinquency or misconduct ;               disclosures thereof' shall be discountenanced .
                                                      No discriminations shall be exercised, threat-
   (f) Who has made a false statementt of any
                                                      ened, or promised, by any person in the civil
material fact;
                                                      service against or in favor of any applicant, eli-
   (g) Who directly or indirectly gives, renders,
                                                      gible, or employe in the classified service be-
or pays or promises to give, render or pay any
                                                      cause of his 'political or religious opinions or
money, service or other valuable thing to any
person for or, on account of, or in connection
with, his test, appointment or proposed appoint-       16 . 15 Recommendations . No recommen-
ment;,,                                               dation for any person who applies fore office or
   (h) Who practiced,, or, attempted to practice,     place, or for examination or registration under
any deception or fraud in his application, in his     ss 16 01 to 16,32, orof the rules established
certificate, in his examination, or in securing his   pursuant thereto,, except as to character, and, in
eligibility or appointment; ,                         the case of former employers or teachers, as to
   (i) Whoo refuses to furnish testimony as ie-       ability,, shalll be given to, or consideredd by any
quired in s. 16,05 (3) (a); or                        person concerned in making any examination,
   (j) Except on promotions whose work record         registration, appointment, promotion or rein-
or, employment references are unsatisfactory ..       statement under ss . 16,01 to 16 . :32, and the
  (2) Whenever the director refuses to examine        rules made pursuant thereto ..: No recommenda-
an applicant, or after an examination to certify      tion whatsoever shall relate to the political or
an eligible, as provided in this section, then said   religious opinions of any applicant . . No iecom-
director, if requested by the person so rejected      mendation for thee promotion of any person in
within ; 10 days of the ,date of -receipt of such     the classified service shall be considered by any
notice-of' rejection, shall give to him a full and    officer concernedd in makingg promotions, except
explicit statement of the exact cause of such re-     it be made by the officer or officers under
fusal to examine or to certify, as the case maybe .   whose supervision or control such .h employe is
Appeal may be had from the decision of the            serving . Any recommendation made contrary
director: in, accordance with s 16 .05 (1) provided   to thiss section, withh the knowledge and consent
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 16 .15 DEPART MEN T OF A DM I N ISTRATI O N                                                              254

of" the applicant or employe, shall be sufficient       in its application to such place, and all such
cause for refusing his application or appoint-          cases of" suspension shall be reported in the bien-
ment, or for debarring him from the promotion           nial report of" the department of administration
proposed ; and a repetition of the offense shall be     with the reasons for the same
sufficient cause for removing him from the ser-
vice                                                      16 .18 Classified service ; notice of va-
                                                         cancy , preference to veterans , appoint-
 16 . 17 Classified service ; appointments               ment , objections to . (1) Appointing officers
to , term of eligibility , separate lists for vari-      shall give written notice to the department of
ous localities. (1) Appointments shall be made           administration of the existence of any vacancy
to or employment shall be given in all positions         to be filled in any office or employment in the
in the . classified service that are not filled by       classified service, under ss : 16,01 to 16 32, and
promotion, reinstatement,, transfer or reduction         the director shall certify from the register of
under ss. 16 .01 to 16 . .32, and the rules made in      eligibles appropriate for the grade and class in
pursuancee thereof; by appointments from                 which the position is classified, the 3 names at
among those certified to the appointing officer          the head thereof, which have not been certified
in accordance with s 16 .18                              3 times Whenever an employing officer notifies
  (2) The term of eligibility, of applicants on          the department of administration of 'a vacancy
original entrance and promotional lists shall be         to be filled he shall indicate whether he wishes
6 months ; but such term may be extended by the          certification to be made from an appropriate re-
director, The eligibility of individuals on rein-        employment or original employment register
statement lists may be extended in likee manner .        for the grade or class . Whenever eligibles are
But such eligibility mayy not be extended for a          certified, they must be those candidates who
period of more than 3 years. .                           have been graded highest in an examination
    (3) Appointments shall be made from the eli-         held in pursuance of'ss . 16 .01 to 16 . .32, and the
 gible list most nearly appropriate, and a new and       rules made in accordance therewith, except that
 separate list shall be created for a stated position    there shall be no restriction as to age in the case
 only when there is no appropriate list existing         of veterans and except that,other conditions be-
 from which appointmentss mayy be made. . The            ing equal, a preference shall be given in favor of
 director with the advice and approval of the            veteranss of any of the wars of'the United States
board may establish separate eligible lists in vari-     in accordance with the dates specified in s .
ous localities, provided that thee director has          45 .35 (5) or veterans who served under section
given proper publicity to the intent of'the de-          1 of executive order 10957, dated August 10,
partment of administration to establish such             1961, or had service entitling them to receive
lists . For legislative positions, the department of     either the armed forces expeditionary medal es-
administration shall certify the names of all who        tablished by executive order 10977 on Decem-
make: a passing grade to the appointing authori-         ber 4, 1961, or the Viet Nam service medal
ties . Insofar as possible appointments to legisla-      established by executive order 11231 on July 8,
tive positions shall be made according to                1965 The employing officer shall not reject be-
senatorial districts and the order in which names        cause of'age any eligible veteran, 55 years of'age
appear on the eligible list. No person shall be         or less, whose name has been certified to him . .
appointed or employed under any title not ap-           Preference is defined to mean that whenever an
propriate to the duties performed; and no person        honorably discharged veteran competes in any
shall be txansf'eried to, or assigned to perform        examination conducted by the bureau he shall
the duties of, any position subject to a competi-       be accorded 5 points, and if' such veteran has a
tive examination, unless he has previously              disability which is directly or indirectly tracea-
passed an open competition examination equiva-          ble to war service, he shall be accorded another
lent to that required for such position . . .            5 points, in addition to earned ratings therein .
   (4) In case of vacancy in a position in the          I n every case after a name has been certified 3
classified service where peculiar and exceptional       times, it may be dropped from the list by the
qualificationss of a scientific ; professional, or      director, but certificates for temporary appoint-
educational character are required, and upon            ment shall not be counted as one of'such certifi-
satisfactory evidence that for specified reasons        cates
competition in such special case is impractica-            (2) The appointing officer shall appoint on
ble, and that the position can best be filled by the    probation, with sole reference to merit and fit-
selectionn of some designated person of high and        ness, one of the said candidates whose name is
recognized attainments in such qualities, the           certified in the manner above set forth, to fill
board upon recommendation of' thee director             such vacancy unless objection is made, and sus-
may suspend the statute requiring competition           tained by the director, to one or more of the
in such case, but no suspension shall be general        persons certified for any of the reasons stated in
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 255                                                        DEPART M E N T OF A DM I N ISTRATIO N     16.21

 s . 16 13 ; however, this section may be altered by     16 . 21 Training prog rams. (1) DECLARA-
 the director when the office or employment              TION OF roLicY. In order to promote efficiency
 comes within those where by s . . 16.20 competi-        and economy in the operation of the state gov-
 tive examinations aree not required                     ernment, to provide means for the development
                                                        of maximum proficiency by employes thereof;
 16 . 19 C l assified service ; promotions . (1)        to establish and maintain the highest standards
 Vacancies in positions in the classified service       of perf'otmance in the transaction of the state's
 shall be filled, so far as practicable, by ptomo-      business, and to install and utilize effectively
 tion from among personss holding positions in          the best modern practices and techniques which
 the classified service, under rules made and en-       have been developed, tested and proved, it is
 forced by the personnel board, Promotions shall        necessary and desirable in the public interest
 be based upon merit and fitness to be ascer-           that self=improvement be supplemented and ex-
 tained by examinations, to be provided by the          tended by state-sponsored training programs .
 director, and upon the superior qualifications of      The objectives of these programs shall be to de-
 thee person promoted as shown by his previous          velop skills, knowledge and abilities which will
 service, due weight: being given to seniority and      best qualify state employes for effective per-
experience . .                                          formance of their official duties, and to retain
    (2) For the purposes of'this section an increase    skilled and efficient state employes in order to
i n the salary or other compensation of any per-        continually improve the quality of public ser-
sons holding an office or position subject to ch .      vice . The department of administration in coop-
 16, beyond the limit fixed for the grade in which      eration with appointing authorities shall
such office or position .n is classified, shall be      coordinate state-sponsored training programs
deemed a promotion .,                                      (2)   TR AINING . PROGR AMS . . Th e director of'
    (3) No promotion shall be made to a position        personnel, pursuant to sub .. (3) and under rules
in the classified service from a position in the        to be established by the personnel board, may
unclassified service, nor shall any promotion be        authorize appointing authorities to :
made except as provided in s . 16 .105 (1) .              (a) Provide off-the-job specialized training
                                                        courses during working hours to designated em-
 16 .20 Classified service ;           provisional ,    ployes, without loss of pay,
 emergency, limited term appointments . Po-                (b) Provide specialized training to qualified
 sitions in the classified service may be filled        persons through educational stipends in lieu of
 without competition only as follows :                  pay, but in no event shall a monthly stipend
    (1) Whenever there are urgent reasons for fill-     exceed the minimum salary of the position for
 ing avacancy in any position in the classified         which training is undertaken .
 service and the director is unable to certify to the      (c) Provide specialized training to designated
 appointing officer upon requisition by the latter      persons through prescribed courses of instruc-
 a listt of persons eligible for appointment after a    tion, including registration in institutes or short
 competitive examination, the appointing officer        courses which are.e directly related to the per-
 may nominate a person to the director for non-         formance of official duties Pay the cost of re-
 competitive examination, and if such nominee is        quired tuition or other necessary fees and
 certified by the said director as qualified after      expense in connection therewith,
such noncompetitive examination, he may be                 (d), Conduct on-the-job courses of instruction
appointed provisionally to fill such vacancy only       deemed necessaryy for the efficient performance
untill a selection and appointment can be made          of departmental functions and to offer honorari-
after competitive examination, but no such ap-          ums to qualified experts instructing in such
pointment shall be continued for more than 30           courses
days and successive appointments shall not be              (e) Conduct other training programs consist-
made,                                                   ent with the standards set by this subsection .
   (2) In case of an emergency an appointment             (3) CONDITIONS PR ECED E N T Unless other-
may be made without regard to the rules of this         wise empowered by law, any department desir-
section,, but in no case to continue longer than 20     ing to initiate a training program under sub, . (2)
days, and in no case shall successive emergency         shall certify to the director of personnel, that
appointments be made .                                  (a) unencumbered appropriated funds axe avail-
   (3) Employment specified ins . 16.105 (2) (bn)       able or board, on government operations funds
shall be designated as a limited term . Employes        have been so provided ; (b) training costs esti-
in these positions are not considered career em-        mated to exceed $500, excluding the compensa-
ployes and, do not qualify for tenure, vacation,        tion of participants,, have been included in the
paid holidays, sick leave, merit increases or the       budget and approved by the legislature or ap-
right to compete in promotional examinations            proved by the board on government operations,
                    Electronically scanned images of the published statutes.
 16.21   D EPART M E N T O F AD M I NI STRATI ON                                                      256

 and such costs ' will be encumbered for training      made at any time during such period A promo-
 purposes on the records of the department of         tion or other change in j ob status within a de-
 administration; (c) an agreement has been en-        partment shall not affect the permanent status
 tered into by the trainee and the appointing of=     and rights previously acquired by an employe
 ficer relative to employment with the state,         within such department . . An employe demoted
 together with such other terms and conditions as     under s . 16 24 (1) (a) shall not retain the perma-
 may be necessary under the rules of the pexson-      nent status previously acquired . . Upon such dis-
 nel board, and (d) the immediate and necessary       missal, the appointing authority shall forthwith
 work requirements of ' the department will not be    report to the director and to the employe re-
,jeopardized because of such training program         moved his action and the reason therefor .. No
     (4) GIFTS, GRANTS, AIDS, ETC . . Nothing in      more than 3 employes ' shall be removed succes-
 this section shall nullify the acceptance or the     sively from the same position during their pro-
 special conditions of training programs fi-          bationary periods without the approval of the
 nanced ~ by gifts, grants, bequests and devises      director . The director may remove an employe
 from individuals, partnerships, associations or      during his probationary period if he finds, after
cor porations and all subventions from the            giving notice and an opportunity to be heard,
 United States, unless pu rsuant to s , 16 54 or      that such employe was appointed as a result of
 20 . . 907, such financing has been refused by the                        e
                                                      fraud or error . The director may authori ze a
state . .                                             longer probationary period not to exceed 2
     (5) ESTABLISH INTERNSHIPS . The director of
                                        e             years for any classification allocated to range 12
personnel shall establish in the classified service   and above within the schedules for which in .-
in-service training internships designed to give      creases are based solely on merit and for teach-
rigorous training in public service administra-       er's if the duties of the position are such that a
                                                      6-month period does not provide the employe
tion for periods not to exceed 3 years under the
direct supervision of experienced administra-         with exposure to the various responsibilities
tors                                                  which are a part of the position or classifica-
                                                      tion . Upon request by the appointing authority,
    (6) RULES FOR INTERNSHIPS . . The director of'
                                                      the director may terminate the probationary pe-
personnel shall draft rules and regulations relat-
                                                      riod under such schedule prior to the author-
ing to salary increases, annual leaves, the proba-
                                                      ized extended probationary period but in no
tionary period, and means by which interns
                                                      case before a 6-month probationary period has
may be promoted to permanent employment in
                                                      been served
the state service . . .
                                                         (2) Fifteen days prior to the expiration of an
                                                      employe's probationary period, the director
To stimulate the interest of qualified students of
                                                      shall notify the appointing officer as to the date
exceptional merit in government career service,,
the director of personnel shall cooperate with        on which the probationary period will termi-
the board of regents of' the university of Wis-       nate, and thereupon the appointing authority
consin in providing opportunities for recipients
                        g                             shall notify the director in writing whether or
of public service scholarship loans to secure em-     not the services of the employe have been satis-
ployment under the internship plan ,                  factory and whether or not he will continue the
                                                      employe in his position . A copy of such notice
    (8) ROSTER FOR SUPERSE.RVICE The director         shall be given to the employe
of personnel shall maintain a perpetual employ-
                                                         (3) If an employe is removed from his position
ment roster , of men and women with special
                                                      during or at the end of his probationary period,
qualifications for public service administration
                                                      and the director determines that he is suitable
obtained by selection from within the service
                                                      for appointment to another position, his name
upon the recommendation of appointing au-
                                                      may be restored to the list from which it was
thorities, and from the student bodies of the
                                                      certified . I f any such employe was a regular em-
educational institutions maintained by the state
upon recommendation of their governing bod-           ploye in another position in the classified service
                                                      immediately prior to his appointment, his name
ies, by selection from outside the service, in-
                                                      shall be placed on the reemployment list for the
cluding nonstate supported educational
                                                      class of position in which he was a regular em-
16 .22 P robationary period ; permanent                  (4) An employe reinstated to a department,
appointment. (1) All original and all promo-          other than the one from which he earned rein-
tional appointments to permanent, sessional           statement r ights, or an employe transferred from
and seasonal positions in the classified service      one department to another, may be required by
shall be for a probationary period of 6 months        the appointing authority to serve a probationary
except as herein provided, but dismissal may be       period . . However; completion of such probation-
                Electronically scanned images of the published statutes.
257                                                         D EPA R T M EN T OF A DM INISTRATI ON      16 .25

ary period shall not make the employe eligible           in writing with the director within 5 days of the
for a salary increase under s . 16 105 (2) (d) .         effective date thereof . : Within 10 days afterr the
   (5) An employe whose position is classified as        effective date of such action of the appointing
a trainee shall be on a probationary period for          officer, the employe may appeal to the board
the duration of the training program and may be          andwithin 30 days after the date of appeal ; . the
separated during that period without the right of        board shall hold .a public hearing thereom:
appeal, at the discretion of the appointing au-             (b) After the public hearing before the board,
thority Upon qualifying for the objective classi-        the board shall either sustain the action of the
fication, he shall serve a probationary period as        appointing officer .or shall reinstate the employe
specified in sub (1) .. .                                fully . Any action brought against the appointing
                                                         officer by the employe f'or failure to comply with
16 .23 Transfers and reinstatements . (1)                the order ., of the board to reinstate shall be
No transfer or reinstatement shall be made               brought and'served within, 60 .days from the date
from aposition in one grade and class to a posi-         of the .board's findings
tion in another grade and class unless the same              (2) P rovisional employes as defined in s . 16 20
be specifically authorized by the director . Sec-        (1), emergency employes as defined in s, 16 20
tion 16,119 and the rules adopted thereunder             (2), and limited ;teim employes as defined in s .
shall be read with this section and the rules            '16 :20 (.3) may be dismissed or laid off at any time
adopted hereundei ; and where the transfer in-           at the discretion of'the .appointing officer . Sea-
volves apromotion the requirements of the pro-           sonal employes provided forr in s 16 .23 (3) may
motion rule and regulation shall be observed :           be dismissed or laid off' at any time during the
   (2) Any person who has held a position by             first 6 months of service,and, if' such service
permanent appointment under the civil service            extends beyond 6 months, they may be laid off
law and rules and who has been separated from            at the expiration of the seasonal period, at the
the service without any delinquency or miscon-           discretion,of the appointing officer . In case of a
duct on his part but, owing to reasons of econ-          reduction in force because of a stoppage or lack
omy or, otherwise, ay be reinstated within one           of'work or funds or because of material changes
year, and in the case of legislative employes            in duties or organization, permanent employes
within 2 years, from the date of such separation         shall be laid off in, accordance with rules estab-
to positions in the same or similar grade of class       lished by the personnel board . The seniority and
in -the state ser-vice ; provided, that for the origi-   service ratings ofremployes shall be considered,
nal entrance to the position proposed to be filled       in such manner, as 'thes zules shall pi :ovide, in
by such reinstatement there is not required in           determining thee order of layoffs and reinstate-
the opinion of the director examination involv-          ments . The appointing officer shall confer with
ing essential tests or qualifications different from     the director relative to a proposed layoff ;a xea-
or higher than those involved in the examination         sonable time before the effective date .e thereof in
for: the original entrance to the position formerly      order to assure compliance with . the rules. Per-
held by the person proposed to be reinstated ;           sons so shall be placed on the appropriate
   (3) The board after consideration of the tec-         reinstatement list . . Resignations from the classi-
ommendation of the director may provide in its           fied service shall be regulated by the rules of'the
rules for the reinstatement of persons who have          personnel board . :
served meritoriously-less . than .3 months in sea-           (3) Any employe who shalll have- .been . re-
sonal employments, the need for which may rea-           moved, demoted or reclassified, from or in any
sonably be anticipated and is likely to recur each       position or employment in contravention or vio-
year or shorter, period                                  lation of ss ; 16 Ol to 16 32 and who shall have
                                                         been reinstated to such position or employment
16 : 24 Removals,           suspensions ,'       dis -   by order of the board or any court upon review,
char g es ; . reductions , dismissals, layoffs ,         shall be entitled to compensation therefor from
resignations . (1) (a) No permanent subordi-             the date ofsueh unlawful removal, demotion or
nate or employe in the classified service who            reclassification at the rate to which he would
has been appointed' under ss 16 .01 to 16 32 or          have been entitled by law but for such unlawful
the rules made pursuant thereto shall be ie-             removal, demotion or reclassification, and such
moved,'suspended without pay, discharged, or             employe shall be entitled to an order of manda-
reduced in pay or position except for just cause ;       mus to enforce the payment or other provisions
which shall not be religious or, politicali . No sus-    of such order
pension without pay shall be effective for more
than 30 days . In all such cases the appointing          16 . 25 Appointing officers to report ap -
officer shall, at the time .of such action, furnish      pointments promotions, reductions, sepa -
to the subordinate in writing his reasons for the        rations, efficiency, etc ., standards of
same.. The reasons for such action shall be filed        performance;: service ratings . (1) Each ap-
                        Electronically scanned images of the published statutes.
  16 .25   D EPA R T M E NT O F A DM I NISTRATI ON                                                                258

   pointing officer shall report to the director forth-    compensation and title of the position, changes
   with in writing upon any appointment or em-             in title, transfer and the date and nature of any
   ployment in the classified service,- the name of        termination of'such office or employment The
   the appointee, or employe, the title and chaiac-        director shall have access to all public records
   ter of his office or employment, the date of com-       and papers, the examination of which will aid in
   mencement of'sexvice by virtue thereof, and the         the discharge of his duty in connection with
   salary or compensation thereof, and shall report        said roster .
  from time to time, and, upon the date of the
  official action, in, or knowledge of each case, any        16. 27 Payrolls certified by secretary ;
  separation of 'a person from the service or any           mandamus ; liability of appointing . . officer;
  promotion, reduction, transfer, reinstatement,            taxpayers ' suits . (1) Neither the secretary of
  or other change therein, the efficiency of" his           administration nor other fiscal officer of` this
  subordinates and employer and other informa-              state shall draw, sign or issue, or authorize the
  tion, in such manner as may be prescribed :               drawing, signing or iss uing of any warrant on
     (2) In co-operation withh appointingg officers         the treasurer or other disbursing officer of the
  andd principal supervisors, the director shall es-        state to pay any salary or co mp ensation to any
  tablish, and may amend, standards of' perform-           person in the service of the state unless an esti-
  ance and output for employes in each class of            mate, payroll or account for such salary or
  positionss in the classified service or for groups of    compensation, containing the names of every
 classes,, and a system of service ratings based           person to be paid, bears the certificate of the
 upon such standards I n such manner and with
                                                           director of personnel that the persons named in
 such weight as shall be provided in the rules ;           such estimate, payroll or account have been ap-
 service ratings shall be considered in deteimin-
                                                           pointed, employed, reinstated or promoted as
 ing salary increases and decreases within the
                                                           required by law and the ruless established there-
 limits established by the salary schedules ; as a
 factor in promotion tests ; as a factor in deter-         under and that the salary or compensation is
                                                           within the salary ranges fixed pursuant to s .
 mining the order of layoff when forces must be
 reduced because of lack of funds or work, or
 material changes in duties or organization and            16,4105(2) (2) Any officer, clerk, employe, or other per-
 the order in which namess are to be placed on            son entitled to be certified by said director to the
 reemployment lists ; and as a means of discover-         secretaryy of" state or other fiscal or disbursing
 ing employes who should be promoted, de-                 officer .of'the state, as having been appointed or
 moted, transferred or dismissed . In such manner         employed, in pursuance of law and of the rules
and at such times as the rules may require, each          made in pursuance of law, and refused such cer-
appointing officer shall report to the director the       tificate, may maintain an action of mandamus to
service ratings of employer in his division or            compel such director, to issue such certificate .
such information as the director may request as               (3) Any sums paid contrary to this section
a basis for determining such service ratings .. Any        may be recovered from any officer or officers
employe shall be givenreasonable opportunity               making such appointments in contravention of
to see his service ratings and discussthe same             the provisions of law or of the rules made in
with a representative of the department of ad-             pursuance of law,, or from any officer signing or
ministration and the rating officer of his depart-         countersigning of authorizing the signing or
ment                                                       countersigning of any warrant for the payment
                                                           of the same, or from the sureties on the official
 16 . 26 Roster of classified service; access
 to public records . The director shall keep in           bond of any of said officers, in an action in the
 the office an official roster of the permanent           circuit court of any county within, the state,
 employes in the classified service and shall enter       maintained by the director or the personnel
thereon the name of'each and every person who             board or by any member thereof, or by a citizen
has been appointed to, employed, promoted, re-            resident therein, who is assessed for, and liable
duced or reinstated in any position in such ser-          to pay;, or within one year: before the commence-
vice, upon such evidence as it may require or             ment of the action has paid, a state, city or
deem satisfactory- that such person was ap-               county tax within this state All moneys recov-
pointed to, employed, promoted, reduced or re-            ered in any action brought under this section
instated in the service in conformity with this           when collected, shall be paid into the state treas-
chapter, and the rules adopted pursuant                   ury except that if a ;citizen taxpayer is plaintiff
thereto This roster shall show in connection              in any such action he shall be entitled to receive
with: each name the date of appointment, em-              for his own use the taxable cost of such action
ployment, promotion, reduction- or reinstate-             and ! 5% of thee amount recovered as attorney's
ment, increases :: and decreases ; in pay, the            fees
                  Electronically scanned images of the published statutes.

259                                                          D EPART M ENT OF A D M IN ISTRAT ION      16.275

 16 . 274 Leave of absence and salary while                the personnel board, be carried over the first . 6
serving in unclassified, position . -A perma-              months of the ,year, following the one in which it
nent employe in the classified service appointed           was earned;', but no employe shall lose any un-
to a position in the unclassified service shall be         used annual leave because his work responsibil-
granted a leave of absence without pay from his                                                     h
                                                           ities prevented him fiom using such unused
former position in the classified service for the          annual leave during the first 6 months of the
period of his service in such unclassified posi-           year following the - year . in which it was earned . .
tion and for one year thereafter, duringwhich                 (e) Permanent classified employes, permanent
time he shall be entitled to return to such for-           part-time . employes and seasonal employes with
mer position or to one with equivalent iesponsi-           permanent seasonal status in class who are regu-
bility and pay- in the classified service without          larly employed for less than 12 months out of a
loss of seniority or civil service status . . . Any per-   year shall be granted prorata annual leave con-
manent employe receiving a greater salary in               sistent with par (a). These employes, with the
the classified service than that providedd for a           approval: of their appointing authority, may an-
position in the unclassified servicee to which he                                                          g
                                                           ticipate the vacation which they will earn during
is appointed shall be entitled to the same salary          their current period of employment ,
while serving in such position as he was receiv-              (f) Heads of departments shall grant to each
ing in the classified service at the time of such          person in their employ on January 1, 1959, or
appointment . This section shall supersede any             whose absence on such date i s covered under
provision of law in conflict therewith ;
                                                           par ; (g), who was employed prior to January 1,
                                                           1958, noncumulative annual leave of absence
16 . 275 State office hours ; standard work
week ; leaves of absence ; holidays. (1) (a)               without loss of pay at the rate of 120 hours for
Except as provided in par, (f) heads of depaxt-            a full year's ` service and, based on his accumu-
ments shall grant to each person in their em-              lated continuous state service,' at the rate of 160
ploy, based on his accumulated continuous                  hours after 15 full years of service, and, at the
state service, annual leave of absence without             rate of 200 hours after 25 full years of service as
loss of pay at the rate of-                                provided in par. (a) 4. Employes covered under     r
   1 Eighty hours each year for a full year of             this paragraph, with the approval of their ap-
service during the first 5 years of service;,              pointing authority, ' may anticipate the annual
                                                           leave which they will earn during the current
   2 . One hundred twenty hours each year for a
full year of service during the next 10 years of           calendar year. Seasonal employes who were em-
service ;                                                  ployed 6 or more months in 1957 and 1958 and
   31 One hundred sixtyy hours each year for a full        who are reemployed in the same or other sea-
year of service during the next 10 years of ser-           sonal-position in 1959shall be granted prorata
                                                           annual leave consistent with this paragraph :
                                                              (g) The continuous service of an employe eli-
   4 . Two hundred hours each year for a full yearr
of service after 25 years of service but the em-           gible for annual leave shall not be considered
ploye, at his option, and subject to the rules of          interrupted if he : 1 was absent for not more than
the personnel board may receive 40 of such                 30 calendar days ; 2 . was on an approved leave of
hours benefit; a as vacation during the year               absence; or 3 left the service for any reason
earned ; b in cash duringg the year earned ; c.c as        except to take other employment and is reem-
credit for termination leave ; d, as accumulated           ployed within 3 years. However, employment by
sabbatical -leave                                          any other political subdivision of' this state shall
                                                           not be construed ' as other employment
   (b) An :employe, with the approval of the head
of his department; may anticipate the annual                  (h) Any absence of more than 30 days except
leave which he could earn during the current               military leave and absence due to inju r y or 11-
calendar year except that no employe shall be              ness ; arising out of state employment and cov-
eligible to take annual leave until he has com-            ered by the workmen's compensation act shall .
pleted .the first 6 months of a probationary pe-                                         g
                                                           not be counted in computing years of continuous
iiod for an original appointment established               service underr this subsection . . Employer subject
pursuant to s . 16.22 (1)                                  to _ pai . (e) and permanent part-time employes
   (c) When the rate of annual leave changes               covered under par . . (k) shall be deemed to have
during the 5th, 15th or 25th calendar year, the            completed one full year of '-service for:each such
annual leave for -that year shall be prorated ac-          seasonal or other part-time annual, period of ser-
cording to the appropriate rates                           vice in computing years of continuous service
   (d) Annual ; leaves ; of absence shall not be cu-       under this subsection
mulative except under par_ (a) 4 and except that              (i) . Annual leave shall not be earned for any
unused annual leave shall, subject to the rules of         period of absence without; pay except that for
                                   Electronically scanned images of the published statutes.
              16 : 2 75   D EPA R T M E N T O F A DMIN IST RATI ON                                                     260

              administrative purposes any approved leave of          of the employe shall be considered as though not
              30 calendar days or less may be disregarded . .        interrupted by such attendance .:
                (j) The appointing authority shall respect the          (5) ' Officials and employes of the ' state sum-
             wishes of the eligible employes as to the time of       moned for grand or petit , jui.y service are entitled
             taking their annual leave insofar as the needs of       to leaves of absence without loss of time for the
             the service will permit .                               time of absence' required pursuant to the sum-
                (n) Where allowances such as laundry, meals          mons and thereafter.. There shall be no deduc-
             or lodging are provided any classified employe          tion from nor interruption of the pay from the
             or an employe and his family,, and such allow-          state because of ' such absence . .
             ance in kind is included as a part of' the compen-        (6) (a) The office of the departments of state
             sation, the appointing officer or department            government shall be kept open on all days of" the
             head in addition shal} pay in cash the value of         year except Saturdays, Sundays and the follow-
             the food during : the vacation period or noncum-        ing holidays :
             ulative leave of absence, if not so utilized, to such     1 . January 1 ;
             an employe .                                              2 May 30 ;
                 (2) Leave of absence: with pay owing to sick-         3 . July 4;
              ness and leave of' absence without pay, other
                                                                        4 The first Monday in September;
              than vacation , shall be regulated by rules of the
                                                                        5 .. The 4th Thursday in November or the day
        j    personnel board, except .t that unused sick leave
                                                                     appointed by the governor as a day of" thanksgiv-
             shall accumulate from year to ,year, not to exceed
~'           60 days.. Unused sick leave accumulated in ex-
                                                                        6 , December 25 ;
             cess of 60 days shall lapse, but such lapsed sick
        i   leave shall be recorded by the appointing officer .        7 : The day following if' January 1, May 30,
    '        In the event of extended illness of any employe         July 4 or December 25 falls on Sunday ;
             with lapsed unused sick leave recorded to his             8 After 12 noon on Good Friday, in lieu of
{            credit, such lapsed sick leave shall be restored        the period specified in s . 256 . . 17 ;
             and may be used, in whole or in part, by such             9 The afternoons of December 24 and 31 .
'~ .         employe on recommendation of the appointing               (am) Compensatory time off or payment, ei-
  '          officer and approval thereof by the director .        ther, of which shall be at the rate of time and
                (4) Officials and employes of the state who        one-half, shall be granted to state employes for
              have permanent status or are seasonal employes . work' performed on the holidays enumerated in
             who have worked at least 6 continuous months          par , (a)
             in prior seasonal employment and who are duly            (an) It is the intent of' this section that all
             enrolled members of the national guard, the           employes shall be granted 7 1/2 holidays annu-
             state guard,, the officers' reser ve corps, the en-  ally in addition to regularly scheduled days off
             listed reserve corps, the naval reserve, the ma-     and annual leave, the time to be at the discretion
             rine corps reserve, or any other reserve             of the department head ..
             component of the military ox naval forces of the         (at) In addition to the holidays granted under
             United States or this state now or hereafter or-     pans (a) and (an), all employes shall be granted
             ganized or constituted under' federal law,, axe      one additional holiday annually effective July 1,
             entitled to leaves of absence without loss of' time   1969, and a 2nd additional holiday annually ef-
             in the service of the state, to enable them to       fective July 1, 1970, such holidays to be taken at
             attend military and naval schools, field camps of    the discretion of the appointing officer The ap-
             instruction and naval exercises which have been      pointing officer shall respect the wishes of the
             duly ordered held but not to exceed 15 days,         eligible employer as to the ' time of taking the
            excluding Sundays and holidays enumerated in    d     holidays under this paragraph insofar as the
            sub (6) in the calendar year in which so ordered      needs of the service will permit .,
            and held There shall be no deduction from or             (b) Heads of' departments shall give employes
            interruption in the pay from the state for the       time off for- voting under s 6 without any
            time spent in such attendance, irrespective of deduction of compensation for time lost thereby .
            whether or not they receive separate pay for and         (c) Monday to Friday office hours shall begin
            identified with the attendance:' The leave                            d
                                                                 at 7 :45 a m and close at 4 :30p pm with intermis-
            granted by this section is in addition to all other  sions from 11 :45 a , m to 12 :30 p . m . Depart-
            leaves granted or authorized by any other provi-     ments may, with the permission of the governor,
            sion of law :and the time of the leave granted       adjust opening and closing hour's and inter mis-
            under this section shall not be deemed a pa rt of    sion periods as the needs of the service require
            any leave granted or authorized by any other         consistent with the p r inciple of the 8-hour day
            provision of law:. For the purpose of determining    her ein established . ' During ' 'a proclaimed na-
            seniority, pay or salary advancement the status      tional emergency or a limited national emer-
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 261                                                      D EPA R T M EN T O F A DM I NI STRATI ON    16 .276

 gency, the governor may extend the work week            military duty or refused to wear the uniform or
 and adjust the working hours to use the available       otherwise to comply with lawful orders of com-
 manpower. : of any or all departments as it is          petent military authorities, (c) as a deserter or
 deemed.d essential. Compensation for such ex-           (d) of an officer by the acceptance of his iesig-
 tended work week or adjusted working hours             nation for the good of the service, release from
 shall be adjusted as provided for in the state's       such active service or federal hosp italization
 compensation plan .                                    shall be restored as hereinafter provided :
   (7) The standard basis of employment for the             (a) Any classified employe who had attained
 state service shall be 40 hours per week divided                                                e
                                                        permanency under s 16, 22 and the rules of the
 into 5 days of' 8 hour's each, except that where       personnel board pursuant thereto when he left
 the conditions of employment cannot be fulfilled       state service shall, under this section, be restored
 by adhering to the standard week, deviations           to a position of like seniority, status, pay, salary
 may be permitted upon recommendation of ' the          advancement, group insurance and pension
 appointing authority and subsequent approval           rights under subch . II of ch, 41 The service of
 of the department of administration .                  any employe who is or was so restored shall be
                                                        deemed not to be or have been interrupted by
  16 .276, Restoration of employment . (1)              such leave, except for the receipt of pay or other
  Any classified employe of this state who has          compensation, accumulation of sick leave, arid
 enlisted or enlists or has been or is inducted or      vacation for the period of such absence, and he
 ordered into active service in the armed forces        shall be given all the benefits of ' seniority, status,
 of the United States pursuant to the selective         pay; salary advancement and pension rights un-
 training and service act of 1940 or the national       der subch . II of ch. 41 as though his state em-
 guard and reserve officer mobilization act of          ployment had not been so interrupted . Any
  1940, the selective service act of 1948 . and any     permanent employe who leaves the service by
 acts amendatory thereof' or supplementary              reason of being called to active duty in the armed
 thereto or P . L 87-1 . 1:7, and any such employe      forces under P , L 8 '7-117 and who has used his
 whose services are specifically requested by the                                         n
                                                        yearly vacation in anticipation of a - full year's
 federal government for national defense work as        employment is presumed not to have interrupted
 a civilian during a period ' officially proclaimed     his employment as far as vacation pay is con-
 to be a national emergency or a limited national
                                                        cerned, and any portion of his vacation for
 emergency, who, in order to perform such
                                                        which he was paid which is unearned at the time
 training or service, has left or leaves a position,    of being called to active duty may be made up
 other than a tempora r y position, as a classified     when he returns to work. If such employe does
 employe of this state shall be `restored to such a
                                                        not return to the, state service, he shall within 2
 position or to a position of like seniority, status,
                                                        years repay the State the amount he had not
 pay, salary advancement and pension rights un-
                                                        earned : The application of ' this provision shall be
 der ss 42:60 to 42 '70 [Stats : 1945] as though
                                                        retroactive to all state employes called to active
 such services toward seniority, status, pay,, sal-
                                                        duty under P . L . 87-1 ,17 :
 ary advancement and pension rights under ss .
 42 60 to 42 .70 had not been interrupted by such          (b) Any classified employe who was serving
 designated' service, provided that (a) he presents     his probationary period, except in the capacity
 to the employing agency a certificate or other
       e                                                of a substitute, under s 16,22 and the rules of the
evidence that he has satisfactorily completed his       personnel board pursuant thereto when he left
period of training or service, (b) he is still quali-   state service shall; under this section, be restored
 fied to perform the duties of " such position, (c)     to that point of service in his probationary pe-
 he makes application for re-employment within          irod as though his state employment had not
%, days after he is released from such training         been so interrupted .
or-services ; ' and (d) the circumstances of the           (c) Any classified employe who had attained
employing agency have not changed as to make            reinstatement r ights as a seasonal employe un-
it impossible ox unreasonable to so restore such        der s 16 . . 22, and the rules of the personnel board
employe and "upon - the. employe's request made         pursuant thereto, when he left state service shall,
at any time before 6 months after he is relieved        under this secti on, be restored to such seasonal
fr om such training or services, or absence dur-        position or eligibility as though his service or
ing federal hospitalization because of injuries or      eligibility had not been so interrupted
sickness resulting from such war' or emergency             (2) (a) Any classified employe who leaves
service the employe, ' upon presentation of proof                                                   s
                                                        state service and enters the armed forces of the
of discharge other : than, dishonorable or other        United States shall, under this section, be given
than (a) by reason of the sentence- of a general
                              e                         written ' military leave of absence by the employ-
court martial,-(b) on the ground that he was a          ing agency. Notice of such severance from state
conscientious objector who refused to perform           service and the terms of any such leave shall be
                      Electronically scanned images of the published statutes.
  16 .276   DEPA R TM EN T OF A D M IN ISTRATION                                                        262

  given . in writingg by the employing agency to the    office or place of employment has been classi-
  director for purposes of record .,                    fied' as, or determined to be, not subject to com-
    (b) Any classified employe who leaves state         petitive examination; however ; any judgment or
  service for civilian employment in response to        injunction in any such action shall be prospec-
 specific request or order of the federal govern-       tive only, and shall not affect payments already
 ment or any of its agencies in connection with         made or due to such persons by the proper, dis-
 manpower redistribution and utilization shall,         bursing officers, in accordance with the rules of
 under this section, make written application to        the personnel board in force at the times of such
 the employing agency for civilian leave of ab-         payments .
 sence presenting such specific request or order of
 the federal government as supporting evidence . .       16 .285 Interchange of government em -
 Such civilian .leave shall be allowed by the em-        ployes. (1) DECLARATION OF POLICY . Inter-
 ploying agency- and its terms, which shall con-        governmental co-operation is an essential factor
 form to the rules of the personnel board, shall be     in resolving problems affecting thiss state and
 in writing. Notice of such severance from state        the interchange, of personnel between and
 service shall be made in writing by the employ-        among governmental agencies at the same or
 ing agency to the director for purposes of record,     different levels of government is -a significant
   (c) All such military or civilian leaves of ab-      factor in achieving such co-operation .
 sence as heretofore may have been granted are             (2) DEFINITIONS . For the purposes of' this
 validated and shall be deemed to be sufficient         section :
 and effective her eunder ; such leaves shall be re-       (a) "Sending agency" means any department
 corded with the director .                             or agency of the federal government or a state or
   (3) Any person appointed to fill the position        local government which sends any employe
 of an employe on such military or civilian leave       thereof to another government agency under
 shall be designated as a substitute or replace-        this section .
 ment employe and upon the return and reem-                (b) ""Receiving agency" means any depart-
ployment of the original employe the substitute         ment or agency of the federal government or a
employe shall be transferred to a similar position      state or local government which receives an em-
with the same employing agency. if one is availa-       ploye of another government agency under this
ble, or if not, his name shall be placed upon an        section ..
appropriate reemployment register in accord-               (3) AUTHORITY TO INTERCHANGE E M-
ance with the rules of the personnel board .. The       PLOYES, (a) Any, department, agency oz ; instru-
status of any person who is appointed to fill, the      mentality of the state, county, municipality or
place . of an employe on military or civilian leave     college or university operated by the state or
under this section shall be governed by the rules       any local government is authorized to pattici-
of the personnel board pursuant thereto .               pate in a program of interchange of employes
   (4) The restoration of classified employes of        with departments, agencies or instrumentalities
the state shall be governed by this section and by      of the federal government, another state or lo-
the rules of the personnel board .                      cality, or other agencies, municipalities, or in-
                                                        strumentalities of this state as a sending or
 1:6 . 277 Seniority credit for federal em -
                                                        receiving agency .
ployment during emergency . Any classified
                                                          (b) The period of' individual assignment or
employe on June 5, 1953, who entered the ser-
                                                       detail under' an interchange program shall not
vice of the United States in civilian war emer•-
                                                       exceed 12 months, nor- shall Any person be as-
gency employment on or after January 1, 1942,
                                                       signed or detailed for more than 12 months dur-
and who was not at the time of such entry an
                                                       ing any 36-month period : Details relating to any
employe of the state, and who on November 16,
                                                       matter covered in this section may be the subject
1946, in accordance with P L . 79-549 was
                                                       of an agreement between the sending and receiv-
transferred to the service of this state shall have
                                                       ing agencies . Elected officials shall not be as-
such seniority rights as though he had been a
member of the classified service of the state dur-     signed from a sendingg agency nor detailed to a
                                                       receiving agency.
ing the period of his employment in the service
of the United States .                                    (4) STATUS OF-EMrioYSS . (a) Employer of a
                                                       sending agency participating in an exchange of
16 .28 Taxpayers ' suits . The right of' any           personnel as authorized in sub . . (3), during such
taxpayer to bring any action to restrain the pay-      participation, are on detail to regula r work as-
ment of compensation to any person appointed           signments'of' the receiving agency .
to or holding any office or place of employment          (b) Employer who are on detaill shall be enti-
in violation of' ss 16 .01 to 16,32 shall not be       tled to the same salary and benefits to which
limited or denied by :reason of the fact that said     they would otherwise be entitled and shall re-
                Electronically scanned images of the published statutes.
 263                                                     D EPA RT M EN T OF A DM I N ISTRATIO N   1630

main employes of the sending agency for all pur-   16 . 29 Duty and liability of appointing of-
                                                                y d
poses, including the payment of their salaries, fiver; aged employes . (1) All officers of this
except that the supervision of"their duties during state shall conform to, comply with and aid in
the period of detail may be governed by agree- all proper ways in carrying into effect ss . 16,01
ment between the sending agency and the receiv- to .16. .32, and the rules prescribed thereunder .
ing agency . . (2) No appointing officer shall select or ap-
   (c) Any employe who participates in an ex- point any person for appointment, employment,
change under thee terms of this section who suf= promotion or reinstatement, except in accord-
fers disability or death as a resultt of personal ance with ss . 16 Or to 16 32, and the rules pre-
injury arising out of and in the course of an scribed thereunder
exchange,. or sustained in performance of duties (3) Any person employed or appointed con-
in connection therewith, for the purposes of the trait' to ss 16 .01 to 16 32, or of the rules estab-
workmen's, compensation act is an employe of lished thereunder, shall be paid by the officer or
the sending agency . .. _ officers so employing or appointing, or, attempt-
   (5) TRAVEL E XPENSES OF EMPLOY E S . A        ing to employ or appoint him, the compensation
sending agency in this state shall not pay the agreed upon for anyy service : performed under
travel expenses of its employes incurred in con- such appointment or employment, or attempted
nection with their work assignments at the re- appointment or employment, or in case no com-
ceiving agency . pensation is agreed .upon,, the actual value of
  (6) STATUS OF EMPLOYES OF OTHER GOV- such services and any expenses incurred in con-
ExxMErrrs . (a) When any unit of government nection therewith, and shalll have a cause of" ac-
of' this state acts as a receiving agency, em- tion against such officer or officers or any of
ployes of the sending agencyy who are assigned them, for' such sum and for thee costs of the
under authority of this section are on detail to action.. No public officer shall be reimbursed by
the receiving agency, the state for any sums so paid or recovered in
  (b) Employes who are detailed to the receiving any such action .n
agency shall not by virtue of such detail be con- (4) When an employe becomes physically or
sidered to be employer thereof, nor shall they be mentally incapable of or unfit for the efficient
paid a salary or wage by the receiving agency and effective performance of the duties of his
during the period of their detail The supervision position by reason of'infirmities due to age, disa-
of'the duties of'such employes during the period bilities, or otherwise, the appointing officer shall
of detail may be governed by agreement between either transfer him to less arduous duties or
the sending agency and the receiving agency . : place him on a part-time service basis and at a
                                                  part-time rate of pay or' as a last resort retire him
                                                                      . The appointing officer may
OTHER GOVERNMENTS . A receiving agency in from the service
this state may, in accordance with the travel require the employe to submit to a medical ex-
regulations of such agency, pay travel expenses amination to determine his fitness to continue in
of persons assigned thereto under this section service . The cost of` such` examination shall be
during the period of such assignments on the paid by the employing department . In either
same basis as ifthey were regular employes of case the same method of procedure shall be fol-
                      ., lowed and the same right of appeal to the per-
the receivingg agency                                                                   .24 :
  (8) ADMINISTRATION The department of'ad- sonnel board as provided ins 1b
ministration may adopt rules to implement this      16 .30 ` . Political contributions and certain
section and to, assist departments, agencies and    political activities ' prohibited . No person
instiumentalities of the state and its political holding a position in the classified civil service
subdivisions in participating in employe inter- shall directly or indirectly solicit or, receive or
change programs be in any manner concerned with soliciting or
   (9) SALARY REIMBURSEMENTS . (a) Any receiving any assistance or subscriptions or con-
funds received by a sending agency in this state tributions for any political party or any political
from a receiving agency as reimbursement for purpose whatsoever . . . No person shall orally or
salary expenditures made under : an employe in- by letter solicit or be in any mannerr concerned
terchange agreement shall be credited to the ap- in soliciting any assistance, subscription, or sup-
propriation from which the expenditures were port for any political party or purpose whatso-
paidd ever from any person holding any position in
  (b) A receiving agency in this state may, in the classified civil service . . No person holding
accordance with the salary provisions of the any position in the classified civil service shall
sending agency, reimburse the sending agency during the hours when he is Ion duty engage in
for salary and fringe benefitt expenditures for any form of political activity calculated to favor
employer on detail to the receiving agency : or improve the chances of any political party or
                      Electronically scanned images of the published statutes.
  16 .30 DEPARTME N T OF ADMI N ISTRATION                                                                 264

  any person seeking or attempting to hold politi-          16 .305 St at e empl oyes me rit award
  cal office, nor Shall he engage in any political         board . (1) DUTIES, The state employes merit
  activity when not on duty to such an extent that         award board shall :
  his efficiency during working hours will be im-            (a) Formulate, establish and maintain a plan
  paired or that he will be tardy or absent from his       or plans to encourage and reward unusual and
  work .. Any violation of this section shall be ade-
            y                                              meritorious suggestions and accomplishments
  quate grounds for dismissal .                            by state employes promoting efficiency and
                                                           economy in the performance of`any function of
   16 . 301 Obstruction or falsification of civil          state government;
  service examinations . (1) Any commissioner,
                                                            (b) Appoint departmental or divisional com-
  .or, examiner, or any other person who wilfully,        mittees to analyze and review suggestions and
  by himself' ox in co-operation with one or more         accomplishments of state employes submitted
  persons, defeats, deceives ar, obstructs any per-       for consideration under such plan or plans, and
  son in respect of his or her, rights of examina-        make recommendations thereon to the board ;
  tion or registration, according to ss 16 .01 to
                                                             (c) Make and render merit awards to or for
  16 .32 or to any rules or regulations prescribed        the benefit of state employes nominated to re-
 pursuant thereto, or                                     ceive them in accordance with such plan or,
    (2) Who wilfully, or corruptly, falsely marks,        plans .
 grades, estimates or reports upon the examina-              (2) PERSONN EL , FA CILITI ES AND EQUIP-
 tion or proper standing of any person examined,          MENT . The department shall appoint, under the
 registered or certified, pursuant to said sections,      classified service, a secretary and such other
 or aids in so doing, or                                  employes as are necessary to carry out the
   (3) Who wilfully or corruptly makes any false          board's duties, and shall detail and assign, for
 representations concerning the same, or con-             the use of the board, such facilities and equip-
 cerning the person examined, or                          ment as the board requires for the proper per-
    (4) Who wilfully or corruptly furnishes any           formance of its work The board may request
 person any special or secret information for the         andd shall receive from any state department
 purpose of either improving or injuring the pros-        such assistance as it requires .
pects or chances of any persons so examined,                 (3) AWARDS . The board may determine the
registered ox certified, being appointed, em-             nature and extent of the merit awards .s to be
ployed or promoted, or                                    made under this section which may include, but
   (5) Who pexsonates any other person, or per-           shall not be limited to, the following :
mits$ or aids in any manner any other person to              (a) Certificates, medals or other appropriate
personate him or her, in connection with any              insignia which shall be in such form and shall be
examination, or registrationn or application or           awarded at such times as the board may fix and
request to be examined or registered, shall for           determine;
each offense be deemed guilty of a misdemeanor ..           (b) Cash awards, which shall be of such
                                                         amount and shall be payable at such times as the
 16 . 302 Prohibited appointments pun -                  board may fix and determine .
 ished. Whoever, after a rule has been duly es-              (4) RU LES AND R EGU LATIONS , The board
tablished and published, according to ss . 16,01          may adopt and promulgate rules and regula-
to 16 . .32, makes an appointment to office or se-        tions governingg the operation of any plan or
lects aperson for employment, contrary to such           plans established under this section, the eligibil-
rule,, or wilfully refuses ox neglects otherwise to       ity and qualifications of state employes partici-
comply with, or to conform to, ss . 16 01 to              pating therein, the character and quality of
 16 . .32, : or violates any of such provisions, shall    suggestions and accomplishments submitted for
be deemed guilty of a misdemeanor ; If'any per-           consideration, the method of their submission
sonn shall be convicted under this section, any           and the procedure for their review, nominations
public office which such person may hold shall            for merit awards, and the kind, character and
by force of such conviction be rendered vacant,          value of such awards, and such other rules and
and such person shall be incapable of holding            regulations as may be deemed necessary or ap-
office for the period of 5 years from the date of        propriate for the proper administration of this
such conviction . .                                      section or for the accomplishment of the pur-
                                                         poses thereof.
16 .303 Misdemeanors, how punished .                        (5) . INCENTIVE AWARD PROGRA M .. The
Misdemeanors under s . 16 .301 or 16 302 are             board may, upon recommendation of the em-
punishable by a fine of not less than $50 nor            ploying department, make special incentive
more than $1,000, or by imprisonment for not             awards to individualss or groups of employes
more than 2 years, or both..                             within the state service for meritorious sugges-
                 Electronically scanned images of the published statutes.
265                                                       DEPART M EN T OF ADMINISTRATIO N           16 .31

tions and accomplishments which promote effi-            (2) "Injury" as used in this section is physical
ciency and economy in the performance ofthe            harm to an employe caused by accident or dis-
functions of'state government . It is the intent of    ease .             _
the legislature that this paragraph be interpreted       (3) As used in this section. "performance of
liberally to provide incentive for improved man-       duties" means : duties performed in line of duty
agement within the state service . Savings result-     by :
ing from suggestions made under thiss program            (a) A forest ranger or field employe of the
shall be specifically enumerated- in the subse-        conservation department who is subject to call
quent budget requests for the agency within            for forest fire control duty or fire watchman
which the improvement is made . Awards made
                                                       employed at the Grand Army home, and life-
under this program to individuals or groups of
employes shall equal one percent of thee annual        guard, at all times while :
dollar savings resulting from such suggestions or         1 Driving or riding in a vehicle, aircraft or
accomplishments, but shall . not exceed $1,000.        boat under circumstances which require hazard-
                                                       ous maneuvering or speed in excess of the nor-
 16 . 31 Hazardous employment , injuries,              mal or posted limits in the performance of fire
 salary continued . (1) Whenever a conserva-
       y                                               control duties ;
 tion warden, conservation patrol boat captain,          2 Engaged in an effort to save lives, recover
 conservation patrol boat engineer, state forest       dead bodies, or protect public or private prop-
 ranger, conservation field employe of the de-         erty;
 partment of natural resources who is subject to         3 . Going to or returning from a fire and while
 call for fire control duty, member of the state       engaged in the suppression of a fire ; or
 patrol, state motor vehicle inspector, lifeguard,       4 Engaged in public demonstration or train-
 investigator employed by the division of crimi-       ing exercises provided such demonstration or
 nal investigation of the department of justice,       training exercises are authorized by the appoint-
 speciall tax agent, state drivers' license exam-
                                                       ing authority . .
 iner, member of the state fair police depart-
                                                         (b) A conservation warden, conservation pa-
 ment, university of W isconsin policeman ,
 engineer, engineering aid, fire watchman em-          trol boat captain, conservation patrol boat engi-
 ployed at the Grand Army home, or guard or            neer, member of the state patrol, state motor
 institutional aid or a state probation and parole     vehicle inspector, university of Wisconsin po-
 officer or any other employe whose duties in-         liceman, member of the state fair ' police depart-
 clude supervision and discipline of inmates or        ment, special tax agent and investigator
 wards of the state at the Wisconsin child center      employed by the division of criminal investiga-
 or at a state penal institution, including central    tion of the department of justice at all times
 state hospital, the state school for boys, the        while :
 state "school for girls, or while on parole super-       1 . In the process of ' making an arrest or inves-
 vision outside of'the confines of the institutions,   tigating - any violation or, suspected violation of
 or supervision of persons placed on probation         the law or the quelling of a riot or any other
by a courtt of record, or supervision and care of      violence ;
patients at a state : mental institution, and uni-        2 . Engaged in an effort to save lives, recover
 versity hospitals suffers injury while in the per-    dead bodies or, protect public or private prop-
 foimance of his duties, as defined in subs . (2)      eity ;
 and (3), he shall continue to be paid his full          3 . . Driving or riding in a vehicle, aircraft or
monthly salary by his employing department             boat under circumstances which require hazard-
 upon the same basis as he was paid prior to the       ous maneuvering or speed in excess of the nor-
injury . Such full monthly salary shall be paid to     mal or posted limits in the performance of law
the employe while he is unable to work as the          enforcement duties ; or
 result of the injury or until the termination of
                                                          4 . . Engaged in public demonstration or train-
his employment upon recommendation of the
                                                       ing exercises provided such demonstration or
appointing officer and approval of the head of
                                                       training exercises are author i zed by the appoint-
the personnel function . When the employe is
                                                       ing authority
paid such salaryy under. thiss section there shall
be no deduction from his sick leave credits,              (c) A guard, institution aid, or other employe
compensatory time for overtime accumulations           at the Wisconsin child center, university of Wis-
or vacation . At any time during the employe's         consin hospitals or at state penal and mental
period of disability thee head of the personnel        institutions, including central state hospital, the
function may order physical or medical exami-          state school for boys, the state school for girls
nations to determine the degree of disability at       and state probation and parole officers, at all
the expense of the employing department .              times while :
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  16 .31   D EPART M EN T OF A DM I N IST R ATIO N                                                        266

     I In the process of quelling a riot or disturb-      board may by rule establish a broad classifica-
 ance or other act of violence ;                          tion of positions in which the following provi-
     2 . In the process of restraining patients, in-      sions ` shall supersede existing provisions
 mates, probationers or parolees and apprehend-           regarding classification, compensation, certifi-
 ing runaways or escapees, including                      cation and appointment. ,
 probationers and parolees ;                                  (1) The board may, with the co-operation of
     3 When injury is inflicted as the result of an       the appointing officers, by rule establish a classi-
 assault or act of violence by a patient, inmate,         fication - with corresponding compensation pro-
 probationer or parolee; or                               visions and broad requirements fr om which a
    4 In the process of making an arrest or inves-        var iety of positions could be filled, and for which
 tigating any violation or suspected violation of         a substantial number of college graduates with
 law pursuant to police powers authorized by s .          broad academic training would be eligible.
 46, .05. (2) and rules adopted pursuant thereto .            (2) If such classification is created, the board
    5 G oing to or return ing fro m a fi re, en gaging    shall by rule provide that certifications and se-
 in the suppression of 'a fire, evacuating patients       lections may be made from among any appli-
 or inmates because of a fire or engaging in fire         cants ' who have attained eligibility or by a
 drills ..                                               process of selective certification from among all
    6 . When disease is contracted as a result of        eligibles.
 exposure to such disease arising out of the care            (3) If such classification is created,, the board
 of inmates or patients.                                 shall by rule provide that examinations for eligi-
   (d) A drivers' license examiner at all times          bility for such classifications shall be held annu-
 while examining drivers, conducting road tests          ally not later than March 1, and examination
 or checking motor vehicles .                            sites may include college campuses in Wiscon-
   (e) An engineering aid or engineer at all times       sin:
while:                                                       (4) The board may by rule waive the residence
   1 Driving or riding in vehicles which require         requirement for eligibility for these examina-
hazardous maneuvering of excessively slow                tions :
speed while marking or measuring physical                   (5) Appointing officers may recommend to
characteristics of highways ..                              e
                                                         the board that this procedure be used to recruit
  2 . Surveying or inspecting within the right of        personnel for- any position with which this sec-
way of highways on which traffic is maintained . .       tion is compatible ,
  3 Surveying or inspecting on construction                             SUBCHAPTER III
sites where heavy equipment is operating                                   FINANCE.
  4, Investigating or inspecting highways, sttuc-
                                                          16 . 40 Department of administration, du -
tures or terrain under hazardous conditions . .
                                                         ties , powers . The department of administra-
  (4) In case an employe is denied benefits pro-
                                                         tion. shall :
 vided by this section by the employing depart-
                                                            (1) PREPARE BUDGET . Discharge all duties
 ment or the director of personnel, the employe
                                                         in connectionn with the compilation of thee bien-
 shall have a right of" appeal to the personnel
                                                         nial state budget report imposed by ss : 16 : .42 to
board, The personnel board shall conduct hear-
ings under, the rules prescribed by the board and
shall make an order granting or denying the                 (2) ATTEND FINANCE COMMITTEE , . Attend
applicationn for benefits or making a determina-         all public hearings of the joint committee on
tion as to the duration thereof" . Thee personnel        finance and such executive meetings as the
board shall, pursuant to s 16 ..05, adopt rules for      committee- may desire, answer questions and
the administration of this section ..                    give information called for by the committee
                                                         relative to the financial operations of the state
 16 . 32 Junior professional cl a ss . In order          and itss several departments.
to establish a pool of young men and women                  (3) FirrnrrciAL srarEME.rri . Prepare at the
with sound academic background, a strong de-             end of each fiscal year not later' than October
sire to acquire knowledge and abilities, an apti-         15, a condensed, and popular account of' the
tude for the public service and a strong interest        finances of the state, showing the sources of the
in government employment from among the                  state's revenue and the purposes of its expendi-
seniors and recent graduates of our institutionss        tures, including a comparison with the prior
of higher education- as well as from other               years prepare at the end of each fiscal year not
sources, from which to draw for a variety of             laterthan October, 15, a statement of'the condi-
positions in which such background, aptitudes,           tion of the general fund showing the cash bal-
interests and abilities provide a reasonable             ance,'-the accounts receivable, the accounts
probabilityy of success on the job, the personnel        payable and the continuing unexpended and un-
                Electronically scanned images of the published statutes.

267                                                     D EPARTM E NT O F ADMIN IST RATI ON        16 .42

 encumbered appropriation balances ; and pre-        when invested funds will be required in the
 pare not earlier than . January 1 nor later than    form of cash, Said director shall furnish such
 February 1, in odd-numbered years a tentative       reports of investments as may be required by
 statement of the estimated receipts and disburse-   the department of administration ..
 ments of the general fund for the biennium in         (13) COOPERATE IN IMPROVEM EN TS OF
 progress, showing also the estimated condition      STATE FUND MANAGEMENT . . Cooperate with
of thee general fund at the end of the current       the executive director of the investment board,
biennium . . A copy of each of such statements       the state treasurer, the department of revenue
shall be filed in the legislative reference bureau   and other revenue departments for the purpose
and shall be sent to each member of the legisla-     of effecting improvementss in the management
ture                                                 and investment of state funds .
    (4) FU RNISH INFO R MAT ION, Furnish such
other information regarding the finances of the       1 6 . 41 Departmental account i n g, inform a-
state and the financial operations of depart-        tion , aid . (1) All departments shall keep their
ments as may be called for by the governor, the      accounts and other financial records as pre-
governor-elect, the legislature or either house      scribed by the secretary under s 16 .40 (5), ex-
thereof ; or any member thereof.                     cept as otherwise specifically directed by law .
   (5) BOO KKEE PING FORMS . . Prescribe the         All such departments shall also furnish to the
forms of accounts and other financial records to     secretary all information relating to their finan-
be used by all departments Such accounts shall       cial transactions which he may call for pursuant
be as nearly uniform as is practical, and as sim-    to this subchapter and shall render such assist-
ple as is consistent with an accurate and de-        ance in connection with the preparation of the
tailed record of all receipts and disbursements      state budget report and the budget bill and in
and of all other transactions affecting the acqui-   auditing accounts, as the secretary or the gover-
sition, custodianship and disposition of value .     nor may require.
The secretary maycall upon the state auditor            (2) The secretary and his duly authorized em-
for advice and suggestions in prescribing such       ployes shall have free access to all financial ac-
forms .                                              counts ' of every state department, and each
   (6) TAKE TESTIMONY, In the discharge of           department shall assist the secretary in prepar-
any duty imposed by law, administer oaths and        ing estimates of receipts and expenditures for
take testimony and cause the deposition of wit-      inclusion in the state budget report .
nesses to be taken in the manner prescribed for         (3) Upon request of the secretary all state de-
takingg depositions in civil actions in circuit      partments shall furnish such information- con-
courts .                                             cerning anticipated revenues and expenditures
   (7) COLLECT REVENUE INFORMAT ION C01-             as may be required by him for effective control
lect from any available source and correlate in-     of state finances,
formation concerning any and all anticipated
state revenues :                                     16 .42 Departmental reports. Each depart-
   (8) COLLECT INFO R MATION ON DISBURSE-            ment, other than the legislature and the courts
MENTS, Collect and correlate information from        shall, in each even-numbered year on the date
all state departments concerning any depart-         prescribed for it by the secretary, furnish to the
mental disbursements and the proper" time            secretary the following data:
thereof,                                               (1) A'detailed statement of its actual and esti-
   (9) F ORECAST REVENUES AND EXPENDI-               mated receipts during the preceding and the cur'-
TURES . Forecast all revenues and expenditures       rent biennium, and its estimate of the receipts
of the : state.                                      during the succeeding biennium ;
   (lO) D ETE R M I NE MINIMUM CASH BAL-                (2) A detailed statement of its actual and esti-
ANCES, Determine :the minimum- cash balances         mated disbursements during the preceding and
needed in operating banks at . all times to .meet    the current bienniums and an estimate of its
the operating requirements of all state depart-      needs in the succeeding biennium ;
ments .                                                 (3):A full explanation of its requests for appro-
   ( 11 ) ADVISE INVESTMENT BOARD DIRE C TOR         priations in the succeeding biennium, including
ON SUR PLUS -MONEYS,. Advise the executive di-       a statement of the work proposed to be done and
rector of the investment board daily concerning      the activities to be carried on ;
surplus moneys available for investment from           (4) A list of all employe positions and their
each of the various state funds .                    salaries at the time of such report showing basic
   (12) ADVISE INVESTMENT BOA R D DIR EC TOR         salary,- cost of living bonus, and total salary,
ON CASH NEEDS Advise the executive director          together with similarr comparative detail for the
of the investment board concerning the date          succeeding biennium showing, in addition,, the

                                                                                                            --~ ;
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 16 .42   DEP AR T M E N T O F A DMI N IST R ATION                                                        268

 proposed merit increases contemplated for each             (1) A summary of the actual and estimated
 ensuing year of the biennium as well as all con-        receipts of the state government in all operating
 templated new employe positions and the sala-           funds under existing laws during the preceding,
 ries to be paid ; such statement to be fur nished on    the current and the succeeding bienniums, clas-
 forms prescribed by the secretary;                      sified so as to show the receipts by funds, organi-
    (5) All fiscal or other information relating to      zation units and sources of income ;
 the department that the secretary or the gover-            (2) A'`summaiy of the actual and estimated
 nor may require on forms prescribed by the sec-         disbursements of the state government from all
 retary ;                                                operating funds during the preceding and the
   (6) Should any department fail to furnish the         current bienniums and of the requests of depart-
 above data by the date specified, the secretary         ments and the recommendations of the governor
 may make budget estimates for said department,          for the succeeding biennium ;
 board or commission . .                                    (3) A statement showing the condition of all
                                                         operating funds of the treasury at the close of the
 16 .43 Budget compiled . The secretary                  preceding fiscal year and the estimated condi-
shall compile and submit to the governor-elect,          tion at the close of the current year ;
not later than November 20 of" each even-num-               (4) A statement showing how the total esti-
bered ,year, a compilation giving all of the data
                                                         mated disbursements during each year of the
required by s 16 46 to be included in the state
                                                         succeeding biennium compare with the esti-
budgett report, : except the recommendations of
                                                         mated receipts, and the additional revenues, if
the governor and the explanation thereof'
                                                         any, ., needed to defray the estimated expenses of
 16 . 44 Budget hearings . After the filing of           the state ;
such compilation, thee governor-elect shalll hold          (5) A statement of the actual and estimated
public hearings upon the requests of'the several        receipts and disbursements of each department
departments; at which the heads of those de-            and of all state aids and activities during the
partments and any interested citizen may be             precedingg and the current biennium, the depart-
heard in relation to any matters referred to in         mental estimates and requests, and the recom-
the departmental estimates . The secretary shall        mendations of the governor f'or, the succeeding
arrange a .schedule of the time and place of'such       biennium . Estimates of expenditures shall be
hearings, to suit the convenience of the gover-         classified to set forth such expendituress by
nor-elect, and shall give notice thereof' to the        funds, organization units, appropriation, object
interested departments and also to the public           and activitiess at the discretion of the secretary ;
through the press . . . The secretary and the state        (6) Any explanatory matterr which in the judg-
auditor shall attend all.l such hearings and shall      ment of'the governor or, the secretary will facili-
give such advice and assistance to the governor-        tate the understanding by the members of the
elect in the conduct of such hearings as he may         legislature of the state financial condition and of
desire ..                                               the budget requests and recommendations ..

 16 . 45 Budget message to legislature .
                               e                         16-.461 Biennial : budget, summary of
Not later than February 1 in each regular ses-          funds . After the governor has submitted all
sion of the legislature, thee governor shall deliver    budget recommendations, the secretary shall
his budget message to the 2 houses in ,joint ses-       prepare a summary of the recommendations of
sion assembled With such message he shall               all funds, to be distributed to the members of
transmit to the legislature the biennial state          the legislature
budget report and the executive budget bills to-
gether with suggestions for the best methods for         16 . 47 Budget bill . (1) The executive budget
raising the needed revenues .                            bill or bills shall incorporate the governor's rec-
                                                         ommendations for' appropriations for the suc-
 16.46 Biennial budget , contents . The bi-              ceeding biennium.. Each appropriation in each
ennial state budget report shall be prepared by          bill- except those for `highway construction and
the secretary, under the direction of the gover-         aids to local units may be divided into 3 allot-
nor; and a copy` of abudget-in-brief thereof'           ments : personal services, other operating ex-
shall be furnished to each member of the legis-         penses and capital- outlay or other, meaningful
lature on the day of the delivery of'the budget         classifications, or appropriations may be made
message .. The biennial state budget report shall        in total for all expense The appropriation
befurnished to each member of the legislature            method shall in no way affect the amount of
on or about' February 15 of each odd-numbered           detail or manner of presentation which may be
year and shall contain the following informa-           requested by the joint committee' on finance .
tion : .                                                Appropriation requests may be divided into 3
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 269                                                       DEPARTMENT OF ADMINISTRATION                16 . 50

allotments : personal services, other operating        amount of money whichh it proposes to expend
expenses and capital outlay or such other mean-        upon each of its divisions, activities, functions
ingful classifications as may be approved by the       and programs ., The secretary may waive the
,joint committee on finance., Immediately after        submission of estimates of other than adminis-
the delivery of the budget message, the bills shall    trative expenditures from such funds as he de-
be introducedd without change into either house        termines . Estimates shall be prepared in such
by the ,joint finance committee and when intro-        form and at such timess as the secretary re-
duced shall be referred to that committee..            quires . Revised and supplemental estimates
   (2) No bill affecting the general fund and con-     may be presented at any time under rules to be
taining an appropriati on or increasing the cos t of   prescribed by the secretary :
state government or decreasing state revenues              (2) ACTION THEREON B Y S EC RE TA RY The
shall be passed by either house until the general        secretary shall examine each suchh estimate to
fund budget bill has passed both houses ; except        determine whether appropriations are available
that the governor or, .the ,joint committee on fi-      therefor and can be made without incurring
nance may recommend such bills to the presid-           danger of exhausting such appropriations be-
ingofficer of either house, in writing,, for passage    foxe the end of the appropriation period and
and the legislature may enact them . . Such bills       whether there will be sufficient revenue to meet
shall be accompanied by a statement to the effect       such contemplated expenditures . The secretary
that theyy are emergency billss recommended by          also shall examine each estimate to assure as
the governor or the joint committee on finance,         nearly as possible that the proposed plan of pro-
and such statement shall be sufficient to permit        grain- reflects the intentions of the
passage prior to the general fund budget bill .         joint committee on finance, legislature and gov-
                                                        ernor, as expressed by them in the budget deter-
  16 . 48 Recommendation of joint finance               minations . If satisfied that such estimate meets
 committee on fiscal policy . At any time dur-          these tests, he shall approve the same ; otherwise
 ing the regular session but not later than 10          he shall disapprove the same, in whole or in
days after the passage by both houses of the            part, as the facts require .. If the secretary is sat-
budget bill relating to the general fund, the joint     isfied that an estimate for any period is more
committee on finance shall report to the legisla-       than sufficient for the execution of the normal
ture in the form of a joint resolution, to be in-       functions of a department, he may modifyy or
troduced'in`either house, its recommendations           withhold such estimates It is the intent of the
as to fiscal policy concerning state revenues and       legislature that this section be strictly construed
appropriations for the next biennium .. Such in-        by the secretary to the end that such budget
formation shall include: The estimated condi-           determinations and policy decisions reflected by
tion of the general fund on the succeeding July         such determinations be implemented to the full-
 1 ; the estimated general fund revenues during         est extent possible within the concepts of proper
the ensuing biennium ; the total amount of ap-          management . .
propriations in the budget bills ; the estimated           (3) LIMITATION ON INCR EASE OF FORCE
condition of the general fund at the end of the         AND SALARIES . It is unlawful forany depart-
ensuing biennium ; and such other information           ment, except the legislature and the courts, to
as the committee deems pertinent .                      increase thee salary of any employe, to employ
                                                        any additional employer, or to expend money
 16 .49 Lobbying by officers . No depart-
                                                        or, incur any obligations except in accordance
meet"-ox any officer or'employe thereof shall
present any request for increased appropria-            with. an .estimate submitted to the secretary as
                                                       provided in sub . . (1) and which shall have been
tions or any explanation, argument or appeal in
                                                       approved either by ;such secretary or by the
support of any such request, except at a hearing
                                                       governor Approval by the secretary shall not
of the governor or the ,joint committee on fi-
                                                       be necessary for any expenditure which may be
nance of at the request ofeither house or any
                                                       made only with the approval of the governor .
committee thereof'. Nor shall any department,
                                                       No salary increase shall be approved unless it is
officer or employe attempt to procure an in-
                                                       within the salary ranges fixed by the personnel
creased appropriation other than through the
regular and orderly presentation of budget re-
                                                          (4)   APPEALS TO GOVERNOR . Any depart-
quests in the manner provided in this chapter or
to the governor in emergencies                         ment` feeling itself' aggrieved by the refusal of
                                                       the secretary to approve any estimate, or any
16 . 50 Departmental estimates . (1) Ex-               item therein, may appeal from his decision to
rEtvniTURFS. Each department except the legis-         the governor, who, after a hearing and such in-
lature and the courts shall prepare and submit         vestigation as he deems necessary, may set aside
to the secretary an estimate by quarters of the        or modify such decision,
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 16.50 DEPARTM E NT O F A D MI NISTRATI O N                                                                 270

    (5) DISBURSEMENTS. The secretary shall not               (2) REVENUE ACCOUNTS . Place revenue esti-
 draw his warrant for payment of any expendi-              mates on the books of accounts and credit ac-
 tuies incurred by any department for which the            tual receipts against themas of the last day of
 approval of the secretary or the governor is nec-        each quarter . Any receipts applying to a prior
 essary under this section, unless such expendi-          fiscal year Teceived between August 16 and the
 ture was made in accordance with an estimate             next succeeding August 15 shall be credited by
 submitted to and approved by the secretary or            the secreta r y to the fiscal year in which said
 by the governor :                                        August 16 falls. Except in the case of revolving
                                                          and continuing specific appropriations, any re-
 16.51 Department of administration ; pre-                fund of a disbursement or reimbursement to a
 auditing and accounting ; additional duties              specific or sum sufficient appropriation, appli-
 and powers . The department of administration            cable-to any prior- fiscal year, received between
 in- the discharge of preauditing and accounting          said dates shall not be credited to any appropri-
 functions shall :                                        ation but shall be considered as a nonappropri-
    (1) SUGGES7IMPROVEMEN7S: Suggest plans                ated receipt
 for the improvement and management of the                   (3) KEEP APPROPRIATION ACCOUN TS. Keep
 publi c revenues and expenditures .                      separate accounts of all appropriations author-
    (4) DIRECT COLLECTION OF MONEYS .. Except             izing expenditures from the state treasury,
 as otherwise p rovided by law, direct and super-         which accounts shall show the amounts appro-
 intend the collection of all moneys due the              priated ; the amounts allotted, the amounts en-
 state :                                                  cumbered, the amounts expended, -the
    (5) KEEP AND STATE ACCOUNTS . Keep and                allotments unencumbered and the unallotted
                                                          balance of each appropriation.
 state all accounts in which the state is interested
 as provided in s 16 , 52„                                   (5) ENC U MBRANCES AND . CHARGES FOR
                                                           PRIOR FISCAL YEAR . (a) On August 15 of each
    (6) AU DIT CLAIMS Examine, determine and
                                                          fiscal ,year all outstanding encumbrances en-
 audit, according to law, the claims of all per-
                                                          tered for the previous fiscal year shall be trans-
 sons against the state as provided in s . 16 . . 53 ..
                                                          ferred by the secretary as encumbrances against
    (7)AUDIT CLAIMS FOR EXPENSES IN CON-                  the appropriation for the current fiscal year,
 NECTION PRISONERS., Receive, examine,                    and an equivalent prior year appropriation bal-
 deter-mine and -audit claims, duly certified and         ance shall also be forwarded to the current year
approved by the department of health and so-              by the secietar,y . Payments made on previous
cial services, from the county clerk of any               year encumbrances forwarded shall be charged
county, in behalf of such county, which are pre-          to the current fiscal year All other charges in-
sentedfor payment to reimburse such county                curred during any previous fiscal year, and not
for certain expenses incurred or paid by it in            evidenced by encumbrances, which are pre-
reference to all matters growing out of ` actions         sented for payment between August 16 in any
and proceedings involving prisoners in state              fiscal year and August 15 in the next succeeding
                    d n
prisons, as defined in s, 53 . . 01, when such pro-       fiscal year shall be entered as charges in the
ceedings are commenced in counties in which               fiscal- year in which said August 16 falls; but
such prisons are located by a district attorney           such charges shall not be paid if they exceed the
or by the prisoner as a post conviction remedy            unencumbered appropriation balanee,as of,Au-
ox a 'matter, involving his status as a prisoner .        gust . 15 of the fiscal year preceding the year of
Expenses shall only .include such amounts as              payment . . This paragraph may be waived in
were necessarily incurred and actually paid and           whole or in part by the secretary with the ad-
shall be no more thin the legitimate cost would           vice of, the state auditor on other than general
be to any other county had the offense or crime           purpose revenue appropriations,
occurred therein .:                                          (b) After- August . 15, departments shall be al-
                                                          lowed not to exceed one month for reconciling
 16 .52 Accounting . The department of ad-                August 15 prior year balances, correcting errors
ministration shall :                                      and certifying necessary adjustments to the cen-
   (1) KEEP SEPARATE accouxrs . Keep in his               tral accounting office . No prior. ;year, corrections
office separate accounts of the revenues and              shall be permitted after September 15, it being
funds: of the state, and of all moneys and funds          incumbent upon all state departments to com-
received or held by the state, and also of all            pletely reconcile their records with the depart-
encumbrances ; expenditures, disbursements                ment of administration ' by said date Each
and investments thereof, showing the particu-             department shall delegate to some individual the
lars of every encumbrance, expenditure, dis-              responsibility of reconciling its accounts as
bursement and investment : .                              herein provided and shall certify his name to the
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271                                                       D E PART M E NT O F A DM I N IST R ATIO N     16.53

secretary . . As soon as a reconciliation has been     16. 525 State aid recipients ' accounting .
effected, thee department shall advise the secre-      E very associat io n, socie ty, insti tute or oth er or-
tary in writing of'such fact and shall forward to      ganization that receives aid in any form
him a copy of such aeconciliation . I f any depart-    through appropriations from the state shall re-
ment fails to reconcile its accounts as provided       port to the department of administration in Au-
in this subsection,, the person responsible for        gust of each year Such annual report shall
such reconciliation shall not be entitled to any       contain a detailed statement of all receipts and
further compensation for salary until such rec-        expenditures of such association, society, insti-
onciliation is effected With the approval of the       tute or organization for the fiscal year con-
state auditor any department which relies exten-       cluded on the preceding June 30, and such
sively on central accounting records may be per-       portions as are of special importance may be
mitted to file a statement of agreement in lieu of     published in the annual report of the depart-
a reconciliation on all or on parts of their ac-       ment of administration under s 15,04 (4) .
counts .                                               16 . 53 Preaudit procedure . The depart-
   (6) PRIOR APPROVAL OF PURCHASE ORD E RS ,           ment of administration shall preaudit claims in
E7C (a) All purchase orders, contracts, or             accordance with the following procedures :
printing orders shall, before anyy liability is in-      ( 1 ) CLAIMS AGAINST STALE , (a) Audit. All
curred thereon, be submitted to the secretary          claims against the state, when payment thereof'
for his approval as to legality of purpose and         out of the state treasury is authorized by law,
sufficiency of appropriated and allotted funds         shall be audited by . the secretary,
therefor .. In all cases the date of'the contract or     (b) Payrolls Payrolls, to be entitled to audit,
order shalll govern the fiscal year chargeable .       shall be certified .d by the proper officers who
Upon such approval, the secretary shall imme-          shall set forth the nature of' the services ren-
diately, encumber all contracts or orders              dered by each person named therein . .
  (b) Pursuant to s . 16 .74 and subject to ss .          (c) Other claims Unless otherwise provided
16,53 'and 20 903 local purchases may be made          by law, all other claims to be entitled to audit
or miscellaneous expenses incurred by any state        shall :
department                                                1 . Specify the nature and particulars thereof
  (c) Any department feeling itself' aggrieved by      on an official or original invoice .
the refusal of the secretary to approve : any pro-        2. Conform with statutory provisions and be
posed encumbrance or payment underr this sec-          necessarily incurred in the performance of'duties
tion or s 16 .53 may appeal from his decision to       required by the state service . . .,
the governor`, who, after a hearing and such in-          4. I nclude the claimant's affidavit, or state-
vestigation as he deems necessary, may set aside       ment under the penalties of perjury, setting forth
or modify such decision.                               that all items of'tiaveling expenses were incurred
  (7) PETTY CASH FUND A petty cash fund in             in the performance of duties required by the
an amount not exceeding $500 from the operat-          public service, and that the amount charged for
ing appropriation may be established for such          transportation or for other expenses incident to
departments as the secretary may determine .           travel was actually paidd out and that no part of
The operation and maintenance of . petty cash          such transportation was had upon a free pass or
funds and the character of expendiures there-          otherwise free of charge . The blank form of such
from shall be prescribed by the secretary .            travel voucher shall be prescribed by the secre-
  (8) REFUND ACCOUNTS : The secretary shall            tary .
establish rules permitting state departments, au-         6. Exclude -items of expenditure incurred
thoiized to do so by :the governor; to issue           while traveling outside the .state by any officer or
checks to refund amounts not to exceed $5              employe of any state department or institution
each : The secretary may establish petty cash          thereof unless,in the discharge of his duties re-
funds for such departments for the purpose of          quired by the public service
paying refunds .                                          7 . : Exclude out-of-state expenses of an officer
   (9) SECRETARY TO REQUIRE ACCOUNTS OF                or employe of'. any state department or institu-
STATE MONEY, ETC The secretary shall require           tion except upon the order of the head of that
all persons receiving money or securities or hav-      department or institution . . The department or
ing the disposition or management of any prop-         institution head may determine whether such
etty of the state, of which an account is kept in      requests shall be made individually or periodi-
his office, to render statements thereof to him ;      cally . The governor may require periodic reports
and all such persons shall render such state-          on out-of-state travel made by the personnel of
ments at such time and in such form as he shall        each state agency withsuch detail as he may
require                                                desire . The governor, by executive order, may
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 16 .53   DEPARTMENT OF ADMINISTRATION                                                                           272

 require his prior approval for out-of-state travel    allowed by him upon every claim audited under
 by members of any state department or institu-        sub .. (1), specifying from what fund to be paid,
 tion'of'the executive branch . .                      the particular, law which authorizes the same to
    9 . Be approved by the proper state officer.       be paid out of the state treasury, and at the
    (ca) Supervision of expenditures All state de-     secretary's discretion the post-office address of
 partments shall diligently review and supervise       the payee; and he shall not credit the treasurer,
 the travel expenditures of their' empioyes-and        for any sum of money paid out by him other-
 are authorized to adopt reasonable rules gov-         wise than upon such warrants,
 erning such expenditures. Each claim shall be             (6) WARRANTS; SI GNATURES. Whenever, it is
 approved by the employe's department head or           impracticable for the secretary to personally
 his authorized epiesentative . The approval            sign variants issued on the state treasury, his
 shall represent the concurrence with the accu-         name may -be signed thereto' by one or more
 racy, 'necessity and reasonableness of' each ex-       persons in his department designated- by him or
 pense . Claims so approved shall be auditedby          by the use of 'a mechanical device adopted by
 the department of administration on a sample
                                                        him for affixing a facsimile signature ; and the
 basis in accordance with accepted accounting
                                                        state treasurer, when written authority and rea-
                                                        sons therefor are filed in his office, shall honor
   (erim) `Advancement of travel expenses . The
                                                        warrants so signed, the same as if signed in per
 head of a state agency may, by presenting
                                                        son by the secretary, until such authority is re-
 proper vouchers to the department of adminis-
                                                        voked in writing
 tration, advance money for travel expenses to
 employes. Travel expenses shall be advanced               (7) CERTIFICATION OF BOA R DS, EVID ENCE
                                                        OF C ORRECTNESS OF ACCOUNT .. The certificate
only when the estimated expense is expected to
exceed $50 and the advance shall not exceed             of the proper officers of'the board of regents of
 80% of the estimated expense ..                        state universities, the regents of the university
" (d) Salaries, ., when payable 1, The secre-
                  etc                                   of Wisconsin, the department of health and so-
taiy of administration, with the approval of'the        cial services, or the proper officers of any other,
board on government operations, shall fix' the         board or commission organized of established
time and frequency -for payment of salaries due        by the state, shall in all cases be evidence of the
elective and appointive officers and employes of       correctness of any account which may be certi-
the state government. As herein determined             fied by them .
said salaries shall be paid either monthly, semi-          (8) CLAIMS REQUI RING LEGISLATIVE AC-
monthly or for each one or 2-week period'.              TION , All claims of every kind against the state
   2 In order to utilize modern accounting             requiring legislative action shall be made in,du-
methods in processing payrolls, the secretary of       plicate, as provided in sub . (1) and shall be filed
administration may convert and adjust' salaries        in the office of'the secretary . The secretary shall
of all state officers and employes so that they are    examine the same, see if ordered by competent
payable in equal payments throughoutthe year           authority and, if properly made, designate the
To this end the secretary may promulgate rules         fund to, which they are chargeable The secre-
necessary to 'administer this section ..               tary shall as soon as practicable refer such
    (3) EXAMINATION OF CLAIMANT'S The sec-             claims- to thee claims board for its findings of
 retary may examine under oath the claimant or         fact, its conclusions and its report thereon to
 any other person relative to any claim presented      the legislature for action Whenever a bill ap-
 againstthe state, and may require oral or writ-       piopiiating moneyy fox a claim becomes a law
ten answers as to any facts relating : to the just-    the secretary before drawing hiss warrant thexe-
ness of the claim, or as to the :liability of the      for, on the treasurer, shall see that the proper
state .                                                account on which such appropriation is based is
   (4) ' AUDIT ORD E R I NDORSED ON CLAIM;             filed in his office. .
RECORD . The order' of the secretary auditing
                                                          (9) TRANSFER OF FUNDS AP PROPRIAIE D .
any claim shall, be ndoised on or annexed to
                                                      Whenever an appropriation, has been made
such claim, shalll specify the amount allowed,
                                                      from the genezal fund in the state treasury to
thee fundd from which the same is payable, and
                                                      any other fund therein, the secretary in his dis-
the law thatt authorizes payment of such claim
                                                      cretion may withhold the transfer of such ap-
out of the treasury ; and said order with the
                                                      propriation or any part thereof from the general
claim and all evidence relative thereto shall be
filed and preserved in his office .                   fund until the same is required to pay claims
                                                      duly . audited .,
   (5) WA RR ANTS; WH AT 10 SPECIFY . . The sec-
                                                         Cross R efere n ce: See 103 39 (2) for provisionsf'or pay-
retary shall draw his warrant on the state trea-      ment of wages and unused vacation allowances in the event
surer payable to the claimant for the amount          of death of a state employe
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273                                                        D E PA RTM E NT O F ADM I NISTRATI ON    16 .54

16 :535 Reimbursement for travel ex-                      (b) Train. Travel by train shall be limited to
penses. ( 1 ) DEFINITIONS. In this section, un-         coach unless overnight, where accommodations
less the context otherwise requires:                    should be limited to roomette..
   (a) : "Employe" means any officer or employe           (c) R eimbursement. All claims for reimburse-
of the state and any legislator or board member         ment of transportation expense, except for taxi-
entitled to actual, reasonable and necessary ex-        cabs `and airport limousines, must be
penses .                                                accompanied by a receipt .
    (b) "Reasonable" means not extreme or exces-          (7) APPROVAL, Each voucher claim shall be
sive                                                    approved by the head of the employe's depart-
    (2) LODGING All reimbursement claims for            merit or, agency or his delegated authority. Such
lodging must be accompanied by a receipt.               approval shall represent concurrence with the
    (3) M EALS . Employes shall be reimbursed for       necessity and reasonableness of each expense . .
all reasonable amounts expended for their own
  l                                                     Out-of'-state travel and expenses in an em-
meals incurred in the performance of their offi-        ploye's`headquarter city must be approved by
cial duties . . Any department may establish max-       the head' of the department or agency.. Such ap-
imum amounts to be expended for meals                   proval shall accompany the travel voucher The
Receipts for meals are not required except for          expense voucher shall be audited by the agency
any unusual amount, which must be accompa-              financial office and then submitted to the de-
nied by a receipt and full explanation of the           partment of administration for final audit be-
reasonableness of such expense :                        foie payment,
ployes shall be reimbursed for the following ex-         16 .54 Acceptance of federal funds. (1)
penses when : traveling on state business :             Whenever the United States government shall
   (a) For reasonable .laundry, cleaning or press-      make available funds for the education, the pro-
ing service, if away horn home more than 3 days,        motion of health, the relief' of indigency, the
Charges shall be limited to one cleaning,, one          promotion of agriculture or for any other pur-
pressing and one laundry charge per calendar            pose other than the administration of the tribal
week ..                                                 or' any individual funds of Wisconsin I ndians,
    (b) For tips for meals and taxis, at the maxi-      the governor on behalf of the state is authorized
mum rate of 15% of ' themeal charge or taxi fare . .    to accept the funds so made available In exer-
                                                        cising the authority herein conferred; the gover-
    (c) For tips for porter age, not exceeding $1 for
                                                        nor may stipulate as a condition of ., the
each stay at a hotel or motel .
                                                        acceptance of the act of congress by this state
    ( S ) EXPENSES IN AN EMPLOYE'S HEADQUAR-            such conditions as in his discretion may be nec-
 TER cii Y Employes who are headquartered in            essary to safeguard the interests of'this state :.
a city in which the expense occurs shall be re-
imbursed for their actual, reasonable and neces-           (2) Whenever, funds shall be made available to
sary expenses incurred in the discharge of              this state through an act of congress and accept-
official duties only on the approval of the head        ance thereof as provided in sub, (1), the governor
of the employe's agency .. This does not apply to       shall designate the state board, commission or
travel between an employe's residence and the           department to administer any of such funds, and
city in : which he is' headquaiteied, which shall       the board, 'commission or department so desig-
not be i eimbuiseable :                                 nated by the governor is authorized and directed
    (6) TRANSPORTATION,, Employes shall be re-          to administer such fund for, the -purpose'desig-
 imbursed for their actual transportation ex-           nated by the act of congr ess making an appropi i-
penses when traveling in the performance of             ation of such funds, or by the department of the
their official' duties, subject to the following lim-   United States government making such funds
itations-'-                                             available to this state,
                                                           (4) Any board, commission or department of
    (a) Scheduled air travel Reimbursement for
air ' t "ravel shall be limited to the fare for the     the state government designated to administer
lowest jet class available'. Only if` other classes s   any such fund, shall, inthe administration of
are not available or on the approval of the 'de-        such fund, comply with the requirements of the
partment head or his representative shall an            act' of congress making such appropriation and
employe travel first class, If no other class is        with the rules and regulations which may be
available, the employe shall obtain a statement         prescribed by the United States government . or
fr om the carrier that a lower class was ' not          by the department of the federal government
available , Employes shall submit tax exemption         making such funds available
certificates when purchasing 4n airline ticket,            (5) Whenever any agency of the federal gov-
and all r eimbursernent for air travel shall be at      einment shall require that as a condition to ob-
the tax exempt rate.                                    taining'federal aid the state agency entrusted
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  16 .54 . DEPARTMENT OF ADMINISTRATION                                                                                                                                                      274

 with the administration of such aid shall submit                                                tion of such federal grant-in-aid information as
 a budget, plan, application, or other project pr o-                                             provided by federal agencies pursuant to section
 posal, then the budget, plan, application or pro-                                               201 of the federal intergovernmental coopera-
 posal shall, before it is submitted to the federal                                              tion act of 1968 .. All information shall be it-
 authorities for approval, first be approved by the                                              ported to the governor and to the interstate
 governor, and reported to the joint committee on                                                cooperation commission which shall serve as the
 finance while the legislature is in session and at                                              principal liaison contract between the federal aid
 other times to the board on government opera-                                                                        e
                                                                                                 management service and the legislature except
 tions :                                                                                         as provided in sub, (7),
    (6) Thee governor may, accept for the state the                                                 (9) To supply to the interstate cooperation
 provisions of any act of congress whereby funds                                                 commission such statistical and other infoima-
 or other benefits are made available to the state,                                              tion relating to federal aid programs and their
 its political subdivisions, or its citizens, so far as                                          utilization by or availability to this state and its
 the governor deems such provisions to be in the                                                 municipalities as the commission or its chairman
 public interest; : and to this end the governor may                                             requests .
 take or cause to be taken all necessary acts in-
 cluding (without limitation because of enumera-                                                  16 . 55 Uncollectible shortages. On or be-
 tion) the making of leases or other contracts                                                   fore March 1 of each odd year the attorney gen-
 with the federal government ; the preparation,                                                  eral shall notify the department of
 adoption and execution of" plans, methods, and                                                  administration of the sums of money embezzled
 agreements, and the designation of state, munic-                                                from the several state accounts during the prior
 ipal or other agencies to perform specific duties .                                             2 years indicating the amounts uncollected and
                                                                                                 uncollectible' The department of administration
    (7) The governor may accept for the state at
                                                                                                 shall cause a bill to be prepared appropriating
 all times the provisions of any . . act of congress
                                                                                                 from the several state funds a sum sufficient to
 whereby funds are made available to the statee for
                                                                                                 liquidate the uncollectible shortages in state ac-
 any purpose whatsoever, including the school
                                                                                                 counts caused by such embezzlement, and sub-
 health program under the social security act,
                                                                                                 mit such bill to the joint committee on finance
 and perform all other acts necessary- to comply
                                                                                                 for introduction.
 with and otherwise obtain, facilitate, expedite,
 and cauy out the required provisions of such                                                    16 . 58 Municipal auditing and reporting .
 acts of congress .                                                                              (1) The departmentt shall create a bureau of mu-
 1 . 6 : 545 . Federal aid management service .                                                  nicipal audit headed by a director . The bureau
A federal aids management service shall be es-                                                   shall collect annually from all town,, city, vil-
tablished in the department of administration :                                                  lage, county and other public officers, informa-
     (1) To fully inform the governor, the legisla-                                              tion as to the collection of taxes, receipts from
                                                                                                 licenses and other sources, the expenditure of
ture, the commission on interstate cooperation,
other state agencies and the public of available
                                                                                                 public funds for all purposes, and such other information as is needful in the work of'the de-
federal aid . .programs .
                                                                                                  partment, in such form and upon such blanks as
     (2) To fully inform the governor and the legis-
                                                                                                  the department prescribes ; and all public offi-
latuie of pending federal aid legislation :
                                                                                                  cers so called upon shall fill out properly and
     (3) To advise the governor, and the legislature                                              return promptly to the department all blanks so
of alternative and recommended methods of 'ad-                                                   transmitted The department shall examine all
ministering federal aid : programs .                                                             town; ., village,, :city, county and other public
     (4) To,study and interpret the effect of federal                                            records for such purposes as are deemed need-
aid programs on the administration of state gov-                                                 ful by the department . The departmentt shall
ernment and the pattern of state government                                                      publish annually the information collected,
finances.                                                                                        with such compilations, analyses ox-recommen-
   (5) To assist . in the co-ordination of broad                                                 dations as are deemed necessary . The depart-
federal aid programs which are administered by                                                   ment shall disseminate information concerning
more thann onee state agency .                                                                   local government, accounting, auditing and fis-
                (6) To maintainn an information center on fed-                                   cal matters
eral aid programs                                                                                   (2) Thee department: may inspectt and examine
    - (7) To analyze and advise on proposed federal                                              or; cause an inspection and examination of the
aid budgets submitted to the governor and the                                                    records ; of any town, city, village,, county or
joint com it e on finance or the board on govs ernment                                           other public officer whenever such officer fails
                                                       . operations pursuant to s. 16 .54(5) .   or neglects to return properly the information
                (8) To serve as the state central information                                    requited by sub (1) within the time set by the
reception center for the receipt and dissemina-                                                  department .
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275                                                        D E PA R TM EN T OF A DM I N IST R ATION - 16 .60

   (3) The officers responsible for the furnishing      my and credited to the appropriation under s .
of information collected pursuant to this section       20,505'(1) (h) . Past due accounts of towns, vil-
shall be jointly and severally liable for, any loss     lages cities, counties, school districts, boards of
the town, city, village, county or other local pub-     education and all -other local public bodies,
lic body, board, commission or agency suffers           boards, commissions, departments or agencies
through their delinquency; and no payment               shall be certified on October 1 of each year and
shall ' be made them for salary, or on any other        included in the next apportionment of'state spe-
accounts, until the total amount of charges for         cial charges to local units of government
such inspection and examination as provided in             (6) The department shall assist local units of
sub . . (5) has been paid into the treasury of - the    government to install improved budgetary meth-
regular county or other local public body, board,       ods-and upon requestt transmit proposed basic
commission or agency                                    budget forms to each local unit of government,
   (4) The department shall inquire into the sys-          (7) The municipal auditing functions of the
tem of accounting of public funds in use ' by           department shall be performed so as to make
towns, villages, cities, counties, school districts,    auditing services under sub, (4) available to local
boards ofeducation and all other local public           units of government as quickly as possible . .
bodies, boards, commissions, departments or                (8) The department shall devise a system of
agencies; devise, prescribe and at the request of       cost accounting as nearly uniform as possible for
any town, village, city, county, school district,       alll county infirmaries, which shall- include' an
boar d of education or, other local public body,        appraisal of present buildings and equipment .
boar d, commission, department or agency,, in-          Such system shall include an annual charge of
stall ' a system of accounts which is ' as ' nearly     2% of the original cost of new construction or
uniform as practicable and when so installed the        purchase, or of the appraised value of existing
system shall ' be retained in use ; and audit the       infirmary structures and equipment .. If the infer-
books of the town, village, city, county, school        mart' or any of its equipment is replaced, any net
district, board of education or other local : public    cost of replacement in excess af'the original cost
body, board ; commission, department or agency          shall be subject to a' similar charge . When the
upon the request of the governing board, coun-          amounts charged under this, subsection equal
cil, commission or' body thereof,, or upon its own      such cost, no further charge shall be recognized
motion Nothing herein shall be construed to be          in the determination of per capita costs The cost
exclusive and prevent a local governing body            thereof shall be paid from the appropriation
from employing an auditor of its own choice             made by s. 20.:505 (1) (a) The department of
duly licensed under ch . 442,                           health and social services and the Wisconsin
   (5)The department shall establish a scale of         county boards association shall provide such as-
 charges for system .m installations, audits, inspec-   sistance as is required by the department .
 tions and other services rendered by the depart-
 ment in connection with financial records or            16 . 60 Services to nonprofit corporations .
                                                        (1) The department of administration may pro-
 procedures of towns, villages, cities, counties,
 school districts, boards of education and all          vide, on a reimbursable basis, financial and
 other local public bodies, boards, commissions,        management services for nonprofit corporations
 departments or agencies. . . Upon the completion
                                   n                    with which the state br, its agencies has entered
                                                        into leases and subleases for the construction
 of such work the department shall transmit to
the clerk of the town, village, city, county,           and leasing of projects Services provided under
                                                        this section shall be in accordance with the re-
school district, board of education or other local
                                                        quest of the state building commission as to the
public body, board, commission, department or
                                                        type and scope of service requested, the civil
agency a statement of' sueh charges, except that
charges for the installation of cost accounting         service range of the employe or employes as-
systems for county highway departments shall            signed to them and the total reimbursement to
                                                        be charged by the department of administration
be transmitted to the highway commission and
paid from the appropriation made by s 20 395            to the nonprofit corporations
(2) (vt) , Duplicates of ' such statements shall be        (2) The department or the legislature or any
filed in the offices of ' the state treasurer Within    person delegated by the legislature may inspect
60 days after' the receipt of the above statement       and examine or cause an inspection and exami-
of charges, the same shall be audited as other          nation of all records relating to the construction
claims against- towns; villages, cities, counties,      of projects that are ; or are to be, financed by a
school districts; boards of education, other ' local    nonprofit corporation and leased or subleased by
public-' bodies, boards, commissions, depart-           any state agency .
ments or agencies and the highway commission               (3) The secretary of administration or his des-
are audited, and shall be paid into the state treas-    ignated representative shall serve in an advisory
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 16 .6 0 D E PARTM E NT OF A DM I NI STR A T I ON                                                      276

 capacity to and be a nonvoting member of any            (4) Coal and other solid fuel for state owned
 nonprofit corporation with which the state or its     or operated heating or heating and power plants
 agencies has entered into leases and subleases for    wherein the annual requirements are in excess of
 the construction and leasing of projects .            50 tons, to be purchased on contracts pursuant
               SUBCHAPTER IV                           to specifications supplied under s . 16..90 .
                PURCHASING . .'
                                                        16.72 Purchasing, duties . (1) The depart-
 16 . 70 Purchasing; definitions . As used in          ment of administration shall check or have
 ss. 16 .70 to 16 . .8.1 the following terms shall     checked, as to quantity and quality, the delivery
 mean:                                                 of all purchases
   (1) The term "office" includes both houses of          (2) The department of administration shall
 the legislature and any department, board, com-       prepare standard specifications, as far as possi-
 mission or body connected with the state gov-         ble, for all state purchases . By "standard specifi-
ernment, including all educational, charitable,        cations" is meant a specification, either chemical
correctional, penal and other institutions ..          or physical or both, prepared to describe in de-
   (2) The term "officer" includes each requisi-       tail the article which the state desires to pur-
tioning officer of the legislature and the person     chase, and trade names shall not be used . . On the
or persons at the head of any such department,        formulation, adoption and modification of any
board, institution, commission or body, by            standard specifications, the department of ad-
whatever title any such personn or persons may        ministration shall also seek and be accorded
be elsewhere- .designated . .                         without cost, the assistance, advice and co-oper-
   (3) The words "permanent personal prop-            ation of other state offices and officers . . Each
erty" include furniture and furnishings, type-        specification adoptedd for any commodity shall,
wr'iterscalculating, numbering and adding             insofar as . possible, satisfy the requirements of
machines, apparatus, library and other books,         any and all offices which use it in common..
motor vehicles, machinery and equipment, and
                                                      16 . 73 Purchase state- made articles . All
any and all property which in the opinion of the
                                                      materials and services required to be furnished
director will have a life of more- than onee year .
                                                      by the department which are manufactured or
   (4) "Contractual services" includes all materi-    produced at the institutionss of the state shall be
als and services, and any construction work in-       purchased from said institutions when such
volving less than . $2,500 for construction work      products or services conform to the specifica-
to be done for or furnished to the state or any       tions prepared by the department . .-
agency thereof'.
                                                       16 . 74 Requisitions ; disposal of surplus
 16 . 71 Purchas ing , ; powers . The depart-
                                                       items . Except as otherwise provided in ss
 ment of administration shall purchase and may         16 :71 :to 16 82 andd in the rules adopted pursu-
 delegate to special designated agents the au-         ant thereto, all supplies, materials, equipment
 thority to, purchase:
                                                       andd contractual services shall be purchased for
    (1) All necessary materials, supplies, equip-      and furnished to any office only upon requisi-
 ment, all other permanent personal property and      tion to the department . The department shall
miscellaneous, capital, and contractual services      prescribe the form, contents, number and dispo-
and all other expense of a consumable nature for      sition of requisitions and shall prescribe rules as
all state offices. All such materials, services and   to time and manner of submitting such requisi-
other things andd expense furnished to any such       tions for processing, . It shall also provide rules
office shall be charged to the proper appropria-      for the declaration as surplus of supplies, mate-
tions of the offices to whom furnished, as pro-       iials and equipment in any agency and for the
vided in s 20.505 . .                                 transfer to other agencies or for, the disposal by
   (2) Cement, machinery and other materials          private or public sale of supplies, materials and
and supplies needed for the improvement or            equipment . In eitherr case due credit shall be
maintenance of highways and streets paid for in       given'to the agency releasing same,
whole or in part with state funds .. The officials
of anyy town, village, cityy or county shall upon      16 .75 Buy on low bid, exceptions . (1) All
application to the department of administration       materials, supplies,, equipment and contractual
be given information as to prices on any items        services except as otherwise provided in subs .
mentioned in this subsection which are to be          (3) and (7), when the estimatedd cost exceeds
usedd on public works and paid for in whole or        $3,000, shall be purchased from the . lowest re-
in part by public funds . .                           sponsible bidder. All orders .s awarded or con-
   (3) All stencil duplicating, offset printing and   tracts made by thee department shall be awarded
similar work .                                        to the lowest responsible bidder ; taking into
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277                                                        D EPA R T M ENT O F A DM I N IST R ATION   16 .765

 consideration the location of the institution or        private sources when such action is deemed to be
agency, the quantities of the articles to be sup-        in the best interests of the state ..
plied, their conformity with the specifications,            (7) Stationery and printing shall be purchased
the purposes fox which they are required and the         from the lowest responsible bidder without re-
date of delivery, but preference shall always be         gard to the amount of the purchase, except when
given to materials, supplies and provisions of           the department of administration exercises the
Wisconsin producers, distributors, suppliers and         discretion vested in it by s . 16 82 (4) .
retailers. Bids shall be received only in accord-
ance with such standard specifications as are             16 . 76 Contracts , contents , arbitration
adopted by the department as provided in this            clause. (1) All contracts for materials, ., supplies,
subsection . . Any or all bids may be rejected ..        equipment and contractual services shall run to
Each bid, with the name of the bidder, shall be          thee state of Wisconsin, and shall be signed by
entered on a record, and each record with the            the secretary or persons authorized by the de-
successful bid indicated shall, after the award or       partment . All contracts shall contain a clause
letting of the contract, be opened to public in-         providing for arbitrationn of disputes between
spection . Due notice inviting proposals shall be        the state and the contractor regarding quality
published as a class 2 notice, under ch . 985, and       and quantity
the bids shall not be opened until at least 7 days          (2) The department of administration may en-
from the last day of , publication . The official        ter into continuing agreements and flexible eon-
advertisement shall give a clear description of          tiaets in anticipation of' thee needs . .s of
the article to be purchased, the amount of the           departments, which provide for deliveries of'
bond or check to be submitted as surety with the         specified articles at stated prices, which prices
bid and the date of public opening
  d                                                      may be lowered th r ough markett conditions, but
   (3) When the department of' administration
            n                                            not increased at any time during the life of said
believes that it is to the best interests of the state   continuing agreements or flexible contracts, ex-
to purchase certain patented or proprietary arti-        cept as may result from adjustments of the base
cles, other than printing and stationery, it may         price in contracts for coal let upon specifications
purchase said articles without the usual statu-          as provided in s . 16,90 (1) . No such continuing
tory' procedure. All equipment shall be pur-             agreements or flexible contract shall exceed one
chased from the lowest and best bidder as                year's duration, but may be renewedd twice for
determined by the bids and a comparison of ' the         one year contingent upon appropriation of the
detailed specifications submitted with the bids,         necessary funds .,
and after due adver tisement as hereinbefoxe pro-
vided. Where the low bid or bids are rejected, a          16 . 765 Nondiscriminatory contracts . (1)
complete written record : shall be compiled and          Contracting agencies of the state shall include
filed, giving the reasons in full for such action..
                          s                              in all contracts executed by themm a provision
    (4) The department of administration may lety        obligating the contractor not to discriminate
 contracts in excess of funds available . Except in      against any employe or applicant for employ-
the cases to which s : 18 10 (1) applies, any such
          s                                              ment because of race, religion, color or national
contract shall state in substance that its continu-      origin:.
ance beyond the limits of funds already available          (2) Contracting agencies of'the state shall in-
shall be contingent upon appropriation of the            clude, the following provision in every contract
necessary funds .                                        executed by them :
   (5) The department of administration may re-              (a) In connection with the performance of
quire of ' bidders or contractors such sureties as,       work under this contract, the contractor . agrees
in its ,judgment, are deemed advisable. It may            not to discriminate against any employe or ap-
decide as to the responsibility and competency            plicantfor employment because of race, religion,
of such bidders and su r eties A bond furnished          color of national origin . The aforesaid provision
by a surety company authorized to do business             shall include, but not be limited to, the follow-
in .this state, for the proper performance of ' each      ing: employment, upgrading, demotion or trans-
contract may be required in the discretion of the         fer ; recruitment or recruitment advertising ;
department of administration                              layoff or termination ; rates of pay or other forms
   (6) Subsections (1) to (5), except as to their         of compensation ; and selection for training, in-
r equirements in connection with printing andg            cluding apprenticeship The contractor, agrees to
stationery, shall not be deemed to apply to the           post in conspicuous places, available for em-
purchase of supplies, mater i als or ` equipment         `ployes and applicants f'or' employment, notices
from the federal government or any agency                 to be provided by the contracting officer setting
thereof and, with ` the approval of the governor ,       forth the provisions of the nondiscrimination
may be waived with respect to purchases 'f'rom            clause
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 16 .765    D EPARTMEN T OF A DM I N ISTRATI ON                                                         278

   (3) Subsections (1) and (2) shall not apply to       section and to report its corrective action to the
contracts to meet special requirements or emer-         state agency involved . .
gencies, if approved by the administrato r of the          (8) If further violations of this section are
division of equall rights of the department of          committed during the term of the contract the
industry, labor and human relations ..                  state agency involved may permit the violating
   (4) The contracting agencies of ' the state shall    party to complete the contract, after complying
take appropriate action to revise the standard          with this section, but thereafter request the divi-
government contract forms in accordance with            sion of equal rights to place the name of the
this section ,                                          party on the ineligible list for state contracts, or
    (5) The head of each contracting agency of the      the state agency may terminate the contract
 state shall be primarily responsible for obtainingg    without liability for the uncompleted portion or
 compliance by any contractor with the nondis-          any materials or services purchased or paid for
 crimination provisions prescribed by this sec-         by the contracting party for use in completing
 tion, according to procedures recommended by           the contract..
 the division of equal rights of the department of          (9) The names of parties who have had con-
 industry, labor and human relations . This divi-        tracts terminated under this section shall be
 sion shall make recommendations to the con-            placed on an ineligible list for state contracts,
 tracting agencies for improving and making              maintained by the division of equal rights . No
more effective the nondiscrimination provisions         state contract shall be approved and let to any
of such contracts. . All contracting agencies of the     party on such list of ineligible contractors . The
state are directed to cooperate with the division        division of equal rights may remove the name of
of equal rights, and, to the extent permitted by         any party from the ineligible list of contractors
law, to furnish the division such information and        when, following investigation, the division of
assistance as it may require in the performance
          e                                              equal rights determines the contractor's employ-
of its functions under this section . . The division    ment practices comply with this section and pro-
of equal rights shall establish such rules as may
                                     h                  vide adequate safeguards for its observance .
be necessary for the performance of' its functions         (10) The division of equal rights of the depart-
under this section, and shall make annual re-           ment of industry, labor and human relations
ports on its progress to the governor :                 shall encourage the furtherance of an educa-
   (6) The division of equal rights of the depart-      tional program by employer, labor, civic, educa-
ment of' industry, labor and human relations            tional, ` religious and other voluntary
may receive complaints of alleged violations of         nongovernmental groups in order to eliminate or
                                                        reduce the basic causes and costs of discrimina-
the nondiscrimination provisions of such con-
tracts Complaints received shall be transmitted         tion in employment .. I t may establish and main-
by the division to the appropriate contracting          tain cooperative relationships with agencies of
agencies to be pr ocessed in accordance with the        local government, as well as with nongovern-
agencies' procedure for handling such com-              mental bodies, to assist in achieving the purposes
                                                        of this section. .
plaints. Each contracting agency shall report to
the division the action taken with respect to all          (11) A violation by 'a prime contractor shall
complaints received by the agency, including            not impute to a subcontractor nor shall a viola-
those transmitted by the division . The division        tion by a subcontractor impute to a contractor
shall review and analyze the reports submitted
                                                         16. 77 Audit of bills ; illegal contracts; ac-
to it by the contracting agencies ..
                                                        tions to recover. No bill or statement for work
   (7) When a violation ofthis section has been
                                                        or labor. performed under' purchase orders or
determined by the department of industry, labor
                                                        contracts issued by the secretary or his desig-
and human relations following investigation by          nated agents, and no bill or, statement for sup-
the division of ' equal rights the state agency shall   plies, materials, equipment or contractual
be so advised and thereafter said state agency
                                                        services purchased for and delivered to any of-
shall :
                                                        fice shall be paid untill such bill or statement
   (a) Immediately inform the violating party of        shall have been approved by the secretary or his
the violation .                                         designated agents :. Whenever any officer or any
   (b) Direct the violating party to take action        subordinate of such officer' shall contract for
necessary to halt the violation                         the purchase of supplies, material, equipment or
   (c) Direct - the violating party to take action      contractual services contrary to ss 16,71 to
necessary to correct, if possible, any injustice to     16 82 or the rules made pursuant thereto, such
any person adversely affected by the violation .        contract shall be void, and any such officer
   (d) Direct the violating party to take immedi-       shall be liablee for, the cost thereof; and if such
ate steps to prevent further violations of' this        supply, material, equipment or contractual ser-
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279                                                        D EPAR T M EN T OF ADMINISTRATION 16 .80

vices so unlawfully purchased has been paid for          16. 80 Records of stat e offices . (1) PUBLIC
out of public moneys, the amount thereof may            R ECO RDS BOARD, The public records board
be recovered in the name of'the state in an action      shall preserve for permanent use important
filed by the attorney general against such officer      state records and provide an orderly method for
or subordinate and his bondsmen . . Such cause of       the disposition of other' state records .:
action shall be deemed to have arisen in D ane             (2) DEFINITIONS . As used in this section :
county, and summons shall be served therein as             (a) "Public records" means all books, papers,
in civil actions .                                      maps, photographs, films, recordings, or other
                                                        documentary materials or any copy thereof ; re-
 16 . 78 Warehouses . The department of ad-             gardless of physical form or characteristics,
ministration may establish necessary ware-
                                                        made, or received by any agency of the state or
houses wherein it shall be permitted to store
                                                        its officers or employes in connection with the
such staple and standard articles as are needed
                                                        transaction of public business and retained by
by various state officers..
                                                        that agency or its successor as evidence of its
  16 .79 Duties of department of adminis -              activities or functions because of'the information
 tration . The department of administration             contained therein ; except the records and corre-
 shall :                                                spondence of any member of the state legisla-
    (1) P urchase so many copies of'the latest di-      ture .
 gest of the Wisconsin reports, and such volumes          (b) "State agency" means any officer, com-
 of said reports, as may be required to complete        mission, board, department or bureau of state
 such sets of said reports as may be called for to      government.
 supply new courts and new counties ; and also            (c) "Board" means the public records board .
 such volumes of said reports as may be required          (3) DUTIES OF THE B OA RD . . The board :
 by the state librarian to make the exchanges pro-         (a) Shall safeguard the legal, financial and his-
 vided for by law with other states and territories..   torical interests of the state in public .records ..
    (2) (a) Distribute in pamphlet form such laws          (b) Upon the request of any state agency, may
 as mayy be required to meet the public demand,         order upon such terms as the board finds neces-
includingg the constitution and additional copies       sary to safeguard the legal, financial and histori-
 of election laws; also blank nomination papers         cal interests of the state in public records, the
 and other election blanks and supplies, nott oth-      destruction, reproduction by microfilm or other
erwise provided for ; for use of candidates, com-       process, temporary or permanent retention or
mittees, and by city and county clerks Such             other disposition of public records.
laws, blanks and supplies shall be sold by said            (c) Shall make reasonable rules to carry out
department of administration at cost, plus 15%          the purposess of this section .
and necessary postage or other' transportation
                                                           (d) Establish a system for, the protection and
charges . .
                                                        preservation of essential public records as di-
   (b) The department .t of administration shall        rected by s 22..22 .
confer with the secretary of state and the attor-
                                                           (e) Shall establish the minimum period of time
ney general as to what law pamphlets, blanks
and other election supplies shall be so printed, or     for retention before- destruction of any city or
purchased, and offered . for sale .                     village record .
                                                           (4) APPROVAL TO D EST R OY . Al l public
   (3) To keep current the information pertain-
                                                        records made or received or in the custody of a
ing to the organization of the state government,
                                                        state agency shall be and remain the property of
thereby continuing and supplementing the inf'oi-
                                                        the state and as such may not be destroyed
mation initially furnished in a legislative council
                                                        without the written approval of the originating
staff report (in loose form, with holes punched
for insertion of plastic back elements) to the          office or its legal successorr and the written ap-
committee on efficiency in state government, on         proval of the public: records board .
the organization of Wisconsin state government,            (5) PR OCED UR E FOR DIS POSI T I ON OF NON-
issued in February 1963, state departments,             CU RRENT P UBLIC RECORDS . . To secure the de-
agencies or officers shall furnish the department       struction or other disposition of noncurrent
of administration on July 1 of each even-num-           public records, the head of any state agency or
bered year such information as the department           his designated representative shall forward to
requires . As soon as possible after July l the         the board an inventory of the records involved,
department shall republish the volume showing           certifying that as far as his agency is concerned
the current structure of state government and           the records may be destroyed or otherwise dis-
transmit copies thereof to the state departments,       posed of immediately' or at some specified f'u-
agencies, officers and to each legislator .             tuie date. Such records shall be open at all
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 16 . 80 DEPARTMENT O F ADMINISTRATION                                                                            280

 times to inspection by the members of the board        vided in s . 889 08 shall have the same force as
 or their designated representatives .                  the photographic reproduction itself
 DUCTION OF PU B LIC RECORDS Any state                 - Provision shall be made for the preservation of
agency desiring to photographically reproduce            any photographic reproductions of public
public records in order to permit the destruc-           records in conveniently accessible files in the
tion of original records having permanent value          agency of origin or its successor or in the state
may submit a request to the board to reproduce           archives .
photographically such records together with                (10) CONTRACT'S FOR                        PHOTOGRAPHIC RE-
such information as the board requires ., Upon           PRODUCTION. (a) Contracts for photographic
receiving written approval from the board, any          reproduction of records to be made as provided
state agency may cause any public record to be          in this section shall be made by the secretary as
photographed, microfilmed or otherwise repro-           provided in s: 16 . 71 and the cost of making
duced by photography. The photographic re-              such photographic reproduction shall be paid
production shall comply with this section and           out of " the app ropriation of the state agency
the rules adopted pursuant thereto . .                  having the reproduction made. .
NAL, RECORD, Any photographic reproduction              RECORDS, (a) Each state agency shall, when
shall be deemed an original record provided :          providing photographic copies or enlargements
  (a) That the device used to reproduce the             of records, require of ' the requestor payment of
records on film is one which accurately repro-          the actual cost thereof '. . Fees collected shall be
duces the content of the original ;                    paid by the state agency into the fund from
    (b) That each reel or, part of a reel of micro-    which its appropriation was made and credited
 film carries at the beginning's title target giving   to such appropriation, except as otherwise pro-
 the name of the agency, brief' title of records       vided by law.
 series, the disposal authorization number as-            (b) Nothing in this section shall be construed
 signed by the boardd and at thee end the camera       to prohibit the responsible officer of any state
 operator's certificate showing the disposal au-       agency from reproducing any document whatso-
 thorization number, reel number, brief' title of      ever by any method when it is necessary for him
 record series, a brief description of the first and   to do so in the course of carrying out his duties
 last document on the reel or' part of reel of film,   or functions in any case other than where the
 together with a statement signed by the operator                         t
                                                       original document is to be destroyed; but no
 substantially as follows; I certify that I have on    original public record shall be destroyed after
 this . ..- day of . ., 19,, photographed the above    microfilming or other reproduction without the
 described documents in accordance with the            approval of the board as provided in sub (3) :
 standards and procedures established by s .                (12) ACCESS TO PHOTOGRAPHIC REPRODUC-
 1680,                                                  TIONS . All persons may examine and use the
    (c) That a statement shall be filed with the       photog r aphic reproductions of public records
 board that the reproduction is upon film which        subject to such reasonable rules as may be made
 complies with the minimum standards of'quality        by the responsible officer of the state agency
for permanent photographic records, as estab-          having custody of the same .
lished by the board, and that the film was proc-           (13) HISTORICAL SOCIETY AS DEPOSITORY , .
essed and developed in accordance with                 (a) The historical society, as trustee for the
minimum standards established by the board .           state, shall be the ultimate depository of the ar-
The certificate of the operator and the statement      chives of the state, and the board may transfer
of compliance shall be presumptive evidence            to the society such original records and repro-
that all conditions and standards prescribed by        ductions as it deems proper and worthy of per-
this section have been complied with .                 manent preservation, including records and
   (8) A DMISSIBLE IN EVIDENC E . (a) Any              reproductions which the custodian thereof has
photographic reproduction meeting the require-         been specifically directed by statute to preserve
ments of this section shall be taken as, stand in      or keep in his office . The society may deposit in
lieu of and havee all the effect of the original       the regional depositories - established under s .
document andshall be admissible in evidence in         44 .. 10, title remaining with the society, the
all courts and all other Liibunals or agencies,        records of state agencies or their district or re-
administrative or otherwise,, in all cases where       gional offices which are primarily created in the
the original document is admissible . ..               geographic area serviced by the depository, but
   (b) Any enlarged copy of any photographic           the records of all central departments, offices,
reproduction on film made as providedd by this         establishments and agencies shall remain in the
section and certified by the custodian as pro-         main archives in the capital city under the  r
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 281                                                       DEPARTMENT OF ADMINISTRATION                16 „ 825

 society's immediate jurisdiction, except that the       of, control of, or distribution of supplies, materi-
 society may place such records temporarily at a         als and equipment ;
 regional depository for periods of'time to be de-         (3) May require any officer to furnish any and
 termined by the society . Nothing in this subsec-       all reasonable data, information or statement re-
 tion nor in ch'. 44 shall be construed to prevent       lating to the work of his department .
 the society's taking such steps for the safety of          (4) (a) May produce or contract to have pro-
 articles and materials entrusted to its care in         duced, printing of classes . 1, 3 and 4, and ex-
 library, museum or archives, including tempo-           cerpts from the statutes under class 2, and all
 rary removal to safer locations, as may be dic-         materials offered by state agencies for produc-
 tated by emergency conditions arising from a            tion .
 state of war; civil rebellion or other catastrophe .      (b) Determine the form, style, quantity and
    (b) The historical society shall, in cooperation     method of reproduction, when not specifically
with the staff' of the board, as soon as pxactica-      prescribed by law,, of all materials offered by
ble, adequately and conveniently classify and ar-       state agencies for production . . . Anyy state agency
range such state records or other official              which objects to the determination made under
materials as may be transferred to its care, for        this paragraph may appeal the decisi onn of the
permanent preservationn under this section and          department to the governor
keep the same accessible to all persons inter-             (c) Agencies performing work under this sec-
ested, under such proper and reasonable rules as        tion shall makee reports as are required to the
the historical society finds advisable . Copies         department which shall. compile and prepare
therefrom shall, on application of any citizen of       such summary reports as the board on govern-
this state interested therein, be made and certi-       ment operations requests,
fied by the director of said historical society, or        (d) May, during a period when a contract for
his authorized representative in charge, which          any class or subclass of public printing has ex-
certificate shall have the same force as if' made       pired and a new contract for the following bien-
by the official originally in charge of' them ..        nium hass not been entered into under ch . 35,
Records which have a confidential character             obtain public printing from private printers at
while in the possession of the original custodian       prevailing commercial rates, or mayy produce
shall retain such, confidential character, after        public printing .
transfer to the historical society unless the board        (e) In deciding whether to use the discretion
of curators of the historical society, with the         under pars (a) and (d) to produce graphic mate-
concurrence of the original custodian, deter-           rial, the department shall take into consideration
mines that such records shall be made accessible        the urgency of the work and the relative cost of
to the public under such proper and reasonable          production by the department as against the cost
rules as the historical society adopts.                 of outside work.
                                                          (f) Thee costt of'work done under pass . (a) to (e)
 16 . 81 : . . Records management service . The
                                                        shall be charged to the agency ordering the
department of administration may establish and
                                                        work .
maintain a records management service :
                                                           (g) This subsection and s . .35 . .015 shall be lib-
   (1) To advise state departmentss on the stand-
                                                        erally construed so' as to effectuate the legis-
ards, procedures andtechniques required for the
                                                        lature's intent to vest broad- discretion in the
efficient creation, use and destruction of state
                                                        department to determine what public printing in
                                                        the classes covered and what materials offered
   (2) To establish and maintain intermediate           by state agencies forr production shall be done by
records storage centers at such major installa-         the state itself, and what shall be contracted . .
tions as the secretary deems advisable .                Such liberal construction shall extend to the de-
  (3) To advise the public records board regard-        partment's determination to use the power con-
ing the desirability of approving departmental          ferred, to the determination of what work is to
requests to destroy records,                            be included in the classes covered, and to the
                                                        determination of whether a given process is simi-
16 .82 Power s of depar t m e nt of a dm in i s-
                                                        lar to, those enumerated
tration . In addition to other powers vested in
the departmentt of' administration, it and its          16 . 825 Council on printing . The council
duly authorized representatives :                       on printing shall' confer with the secretary of
   (1) Shallhave access at all reasonable times to      administration on policies and procedures with
all state offices ;                                     respect to the printing activities of'the state and
   (2) May examine all books, records, papers           advise him on such matters .. The council shall
and documents in any such office or institution         meet with the secretary at least quarterly The
as pertain directly or indirectly to the purchase       council may request reports, through the de-
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 16 .825   D EPART M E NT O F A DM I N ISTRATIO N                                                         282

partment, pertinent to its functions from any            subsection limits or impairs the duty of the chief'
state agency .                                           and each policeman of the police force of the
                                                         municipality in which the property is located to
16 .83 State capitol and executive resi-                 arrest and take before the proper court or magis-
dence board . (1) PURPOSE. The purpose of the            trate persons found in a state of intoxication or
state capitol and executive residence board is to        engaged in any disturbance of the peace or vio-
direct the continuing and consistent mainte-             lating any state law, except s . 16,93 (2), in or
nance of the property, decorative furniture and          around any of said properties located in the mu-
furnishings of the ` capitol ' and executive resi-       nicipality in which the property is located, as
dence .                                                  required by s. 62 . 09 ( L3) .
   (2) POWERS AND DUTIES„ No renovation, Te-                                               c
                                                            (3) Appoint full-time domestic employes to
paixs . except repairs of an emergency nature, in-       work in the executive residence on a project ba-
stallation of fixtures, decorative furniture or          sis :
furnishings for the grounds and buildings of ' the           (4) Assign space in the capitol, other than
capitol or executive residence may be per-                rooms reserved by either house of the legislature .
formed by or become the property of the state             In assigning officers to space in the capitol pref-
by purchase wholly or in part from state funds,           erence shall be given to those who are especially
or by gift, loan or otherwise until app r oved by         entitled by law to such space . All assignments
the board as to design, structure, composition           :shall be subject to the approval of the governor .
and appropriateness The board shall:
                                                            (5) _Have responsibility, subject to approval of
    (a) Annually thoroughly investigate the state         the governor, for all functions relating to the
of ` xepair of the capitol and executive residence . .    acquisition, allocation and utilization of office
    (b) Project the necessary personnel, materials        space by the state :
and supplies required annually to maintain the              (6) Require of the several agencies of state
executive residence appropriately both for its
                                                         government all information necessary for the
public functions and as the residence of the gov-        planning and forecasting of the space needs of
ernoi; and make specific budget recommenda-                                  t
                                                         state , government on a comprehensive long-
tions to the department of administration - to
                                                         range basis. To this end the department shall
accomplish this purpose .
                                                         co-operate with the state building commission in
   (c) Insure the architectural and decorative in-       order that the projected program of new con-
tegrity of the buildings, decorative furniture,          stiuction will conform with the state's long-
furnishings and grounds of the capitol and exec-         range building plans.
utive residence by setting standards and criteria           (7) Approve administrative district bounda-
for subsequent repair, replacement and addi-
                                                         ries of - the . several state agencies unifying them
tions :
                                                         where possible in order to facilitate the acquisi-
  (d) Accept for the state donations or loans of         tion and maintenance of suitable district head-
furniture, furnishings, works of art and equip-          quarters in the several parts of the state .
ment consistent with par . (e).
                                                            (8) Let concessions for periods not exceeding
16 .835 Offices in capitol . The governor,               2 years in the capitol and state office buildings,
secretary of state, treasurer, attorneyy general         under such terms and conditions as will in its
and the state superintendent shall each keep his         judgment be most favorable to the state, and in
office in the state capitol .                            accordance with s . 47 . . 09 .
                                                            (9) Prepare a Wisconsin state capitol guide
16 .84 Department of administration ;                    book containing information regarding the state
physical plant management . . The department             capitol, its buildings and grounds, to be sold as
shall :                                                  near cost as p r acticable ,
   (1) Have chargee of, operate, maintain and               (10) Approve as to design, structure, composi-
keep in repair the state capitol building, the ex-                               d
                                                         tion and location and arrangements made for its
ecutive residence, the light, heat and power             care and maintenance which are satisfactory to
plant, the state office buildings and their power        the department all public monuments, memori-
plants, the grounds connected therewith, and             als, or works of ' art; except such as are or become
such other state properties as are designated by         the property of the university of Wisconsin or
law .                                                    the historical society, which shall be constructed
   (2) Appoint such number of security officers          by or become the property of the state by pur-
as is necessary to safeguard all public, property        chase wholly or in part fr om state funds, or by
placed by law in the department's charge and by          gift or otherwise . "Work of art" means any
such security officers to arrest, with or without        painting, portrait, mural decoration, stained
warrant, : any person violating any law within or        glass, statue, bas-relief, ornament, tablets, foun-
around any of said propei:ties . Nothing in this         tain or any- other article or structure of 'a perma-
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 283                                                       D E PARTM ENT O F A DMI NISTRATION 16 .855

 Went character intendedd for decoration or               and human relations, department of revenue,
 commemoration.. The governor, the legislature            public service commission, department of health
 or, any co mmi ttee thereof'f m ay, at any tim e, re-    and social services and other departments,
 quest a report as to the recommendations of'the          boards and commissions when such service is
 department on any of the above matters and the           not related to the maintenance, construction and
 department shall make such report within 30              planning of the physical properties of the state ;
 days of the receipt of such request .                      (2) To furnish engineering and architectural
    (11) Prepare, publish and enforce or have en-        services whenever requisitions therefor are pre-
 forced rules of conduct for the several buildings       sented to him by any department, board, com-
 for which the department has managing author-           mission or officer;
 ity:                                                       (3) To act and assist any department, board,
                                                         commission or officer requesting such co-opera-
 16 .845 Use of state buildings and facili-              tion and assistance, in letting contracts for engi-
 ties. Except as elsewhere expressly prohibited,         neering or architectural work authorized by law
 the managing authority of any building or other         and in supervising the work done thereunder ;
 facility owned by the state may permit the same            (4) To approve the appointment of a chief'
 to be used by any governmental body or official,        operating engineer connected with each state-
 an y veterans' organization, or any nonprofit as-       owned power and electric plant and pumping
sociation for the purpose of governmental busi-          and heating station and to provide for the meth-
 ness, public : meetings for the free discussionn of     ods of operating said plants and stations and to
public 'questions, , or for civic, social, recrea-       design records and forms for reporting accu-
tional or athletic activities . . No such use shall be   rately the cost per unit of product ox service . The
permitted if it would unduly burden the manag-           superintendent or, other person having charge of
ing'authority or interfere with the prime use of         said plants shall not only report to his governing
such building or facilities The applicant for            body but to the secretary in the manner provided
such use shall be liable to the state for any in-        and at such times as the secretary determines ..
jury done to its property and for any expense               (6) To approve the appointment of a principal
arising out of any such use, and for such sum as         engineer or architect for departments, boards
the managing authority may charge for such               and commissions and when such continuous ser-
use, all such sums to be paid into the general           vice is needed . . No such engineer or architect
fund and to be credited to the appropriation for         shall be employed without the written approval
the operation of the building or facility used .         of the secretary,
The managing authority may permit such use                  (7) To rebuild and repair discarded machinery
notwithstanding the fact that a reasonable ad-           of the several state institutions when found feasi-
mission fee may be charged to the public .               ble, and put the same back into servicee in the
"Managing authority" as used in this section             same department or in any other state depart-
shall mean the board, commission, department             ment, and upon requisition to furnish services
or officer' responsible by law for the manage-           andd material and loann equipment at fair rentals
ment of the particular building or facility .            based on the cost thereof, in connection with the
                SUBCHAPTER V .                           construction, `operation and maintenance of
                ENGINEERING . .                          heating and power, plants, utilities and equip-
                                                         ment :
 16 .85 Department of administration ; pow-                 (8) The secretary or his designated assistants
ers , duties. The department of administration           shall make a biennial inspection of'each building
shall exercise the powers and duties prescribed          of each institution of the state . . The secretary
by ss 16 85 to 16 91 :                                   may delegate this responsibility to the board,
   (1) To takee charge of and supervise all engi-        commission or officer in charge of such institu-
neering or architectural services or construction        tion
work performed by, or for, the state, or, any               Note: Sub (8) is printed as amended by Chaps 276 and
                                                         364, laws of 1969,
department, board, institution, commission or               (10) To prepare in co-operation with the state
officer thereof, including nonprofit-sharing cor-        agencies concerned, plans for the future growth
porations organized for the purpose of assisting         and development of various state institutions
the state in the construction and acquisition of         and to serve as technical advisor to the state
new buildings or improvements and additions to           building commission in connection with the de-
existing buildings as contemplated under ss              velopment of the state long-range building pro-
13 .488, 36 . .06, and 37..02, except the engineering,   gram provided in ss . 13 48 and 13 ..482 . .
architectural and construction work of the-high-
way commission and the engineering service               16 . 855 Construction project contracts .
performed by the department of industry, labor           (1) The department shall let by contract to the
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 16 .855    D EPART M E N T OF A DM I N ISTRATIO N                                                          284

lowest qualified responsible bidder all construc-           (5) Any or all bids may be rejected if, in the
tion work when the estimated construction cost           opinion of the department, it is in the best inter-
of the project exceeds $15,000 In the absence of         est of the state, The reasons for rejection shall be
compelling reasons to the contrary, preference           given to the bidder or bidders in writing ..
shall be given to Wisconsin-based firms . .                 (6) Nothing contained in this section shall
   (2) Whenever the estimated construction cost          prevent the department from negotiating deduc-
of a project exceeds $15,000, the department             tive changes in the lowest qualified bid not to
shall:                                                   exceed 5% of the total bid in order to bring the
   (a) Advertise for proposals by publication of         bid . : within the limits imposed by authorized
 a class I notice, under' ch . 985, in the official      funds . .
state newspaper .. Similar notices may be placed            (7) The department may issue contract
in publications likely to inform potential bidderss      change orders, if ' they are deemed to be in the
of the project.. The department may solicit bids         best interests-of the state ..
from qualified contractors to insure adequate               (8) The department may waive the require-
competition. . All adverti sements shall contain         ment that contractors furnish the bonds speci-
the following information :                              fied in s 289 . 14 (1), when adequate guarantees
    1 . Location of work and the name of the             or warranties are provided for by contract . .
owner "                                                    (9) The department may require bidders to
   2 Scope of the work .                                 submit sworn statements as to financial ability,
                                                         equipment and experience in construction and
    3 Amount of bid guarantee required .
                                                         require such other information as may be neces-
   4 . Date, time and place of bid opening .
                                                         sazy to determine their competency ,
   5 Date, and place where plans will be availa-
                                                            (10) When the department believes that it is in
                                                         the best- interests of the state to contract for
   (b)1 : .'Requite that a guarantee of" not less than   certain articles or materials available from only
10% of the amountt of the bid shall be included          one source, it may contract for said articles of
with each bid submitted guaranteeing the execu-          materials without the usual statutory procedure,
tion of the contr act within 10 days of offering,        after a publication of ' a class 1 ' notice, under ch .
if offered within 30 days after the date set for the     985, in the official state newspaper .
opening thereof. The parties may agree to extend            (11) A contractor shall be liable for any dam-
the - time for offering of ' the contract beyond 30      ages to another contractor working on the same
days after the opening of bids . .                       project caused by reason of the formei's default,
   2 If the federal government participates in a         act or nonperformance .
state project, the bid guarantee required in this           (12) Nothing contained in this section shall be
paragraph controls, unless the federal govern-           construed so as to make contracts let under this
ment makes a specific provision for a different          section subject to , s. 66 . 29 .
bid guarantee                                               (13) (a) A list of subcontractors shall not be
   (c) ' Publicly open and read aloud; at the time       required to be submitted with the bid :.. The de-
and place specified in the notice, all bids .. Within    partment may require the successful bidder to
a reasonable time after opening tabulations of           submit in writing the names of prospective sub-
all bids ' received shall - be available for public      contractors for the department's approval before
inspection..                                             the award of 'a contract to the prime contractor .
   (d) Not allow or make any correction or alter-           (b) All subcontractors must be approved in
ation `of a bid; except as pr ovided in sub. (6) .       writing by the department prior to their employ-
   (3) At any time prior to the published time of        merit Requests for approval of prospective sub-
opening, a bid may be withdrawn on written               contractors shall be in writing .
request submitted to the department by the bid-             (c) Changes may be made in the list of subcon-
der or his agent, without prejudice to the right         tractors, with the agreement of the department
of the bidder to file a new bid . .                      and the. prime contractor, when in the opinion of
   (4) ' Tf ' a bid contains an error, omission ' or     the , department , it is in the best interests of the
mistake, the bidder may limit his liability to the       state ,to require the change
amount of his bid guarantee by giving written               (14) On all construction projects requiring the
notice of his intent not to execute the contract to      taking of bids under sub . . (2), separate bids shall
the department' within 72 hour s of the bid open-        be taken for a) general construction, b) plumb-
ing The bidder, is not entitled to recover ' his bid                                             r
                                                         ing; c) heating, ventilating and air conditioning
guarantee unless he proves in the circuit court          and . d) -:electx;ical . The department may take sepa-
for Dane county that .in making , the mistake,           rate, bids on any other division ox further subdi-
error, or, omission he was, ; fxee from - negligence .   vision of the preceding divisions of the work it
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 285                                                         D E PARTMENT O F ADM INISTRATIO N         16 .93

designates.. Combination bids for such work may           ploy engineering, architectural or allied services
also be taken provided any bidder who submits             or expend money for construction purposes on
a combined bid also submits separate bids for all         behalf of the state, except as provided in this
of the divisions of work comprising the com-              chapter,
bined bid . . Contracts shall be awarded to the
lowest qualified responsible bidders that result                                             g
                                                          16 . 90 Fuel for state heating and power
in the lowest total construction cost for the            plants. The secretary shall :
project .                                                   (1) Prepare all specifications for contracts for
  (15) The department shall adopt rules to im-           fuel-for-all state-owned or operated heating or
plement the advertising and award of'contracts .         heating and power plants wherein thee annual
  (16) This section does not apply to contracts          requirement is in excess of 12,500 therms of such
between the state and federal government or any          fuel Alll such specifications where feasible shall
agency thereof ; or with any political subdivision       provide for purchase of such fuel on a heating
                                                         value and `quality basis and may provide for an
of the state . . Subject to the approval of the govei-
                                                         adjustment of the base price as affected by an
nor, the requirements of this section may be
                                                         increase or decrease in thee miners' wage scale
waived in emergency situations involving the
                                                         during the life of the contract in the district in
public health, welfare or safety and with respect
                                                         which the coal purchase is produced, or for in-
to contracting with public utilities and when any
                                                         creases or decreases in production costs of other
such waiver is deemed by the governor to be in
the best interests of the state . .
                                                            (la) Prepare all specifications for contracts for
16 . 86 Supervision by principal engineer                lubricants for all state-owned or operated heat-
or architect. The engineer or architect em-              ing or heating and power plants and make such
ployed pursuant to s .. 16 85 (6) shall have             tests in connection therewith as may be deemed
charge and supervision of'the work of'the de-            necessary .
partment, board, commission or officer by                  (2) Test all fuel purchased for state-owned or
whom employed, subject, however, to the gen-             operated heating or heating- and power plants
eral direction of the department of administra-          wherein the annual requirement is in excess of
tion and the immediate direction of the                  12,500 therms and wheree purchased on a heat-
department, board, commission or officer                 ing value and quality basis ..
                                                           (3) Make such rules andd regulations as he
 16 : 87 Approval of contracts by secretary              deems necessary, not inconsistent with this sec-
 and governor; audit . Every contract for engi-          tion, to promote efficiency and economy in the
 neering or architectural service and every con-         testing, handling, storing and use of such fuel .
tiaet involving an expenditure of $2,500 or
more for construction work to be done for, or             16, 91 Contracts for fuel . No contract for
furnished to the state, or any department,               the purchase of fuel for any state-owned or op-
board, commission or officer thereof, shall, be-         erated heating or heating and power- plant
fore it becomes valid or effectual for any pur-          wherein the annual requirement is in excess of
pose, have indorsed thereon in writing the               12,500 therms shall be binding unless pur-
approval thereof of the secretary or, his desig-         chased upon specificationss furnished by the sea .
nated assistant, and the approval of the gover-          retary. Payments for fuel delivered under such
nor ; and no payment or compensation for work            contracts and for freight, switching and hauling
done under any contract involving $2,500 or              charges thereon shall be made upon vouchers
more, except highway contracts,, shall be made           approved by the secretary, but upon being au-
unless, the written claimm therefor is audited and       dited and paid shall be charged against the
approved by the secretary .                              proper- appropriation to the officer', department,
                                                         board or commission which has jurisdiction
16 . 88 Charges a ga i nst projec ts . The cost          over the institution at which such fuel is used . .
of services furnished pursuant to s 16 .85 (2) to        The secretary, shall quarterly report to each
(4), (6) and (7) shall be charged to and paid out        such officer', department, board or commission
of available funds for the respectivee projects,         the total of such paymentss chargedd to their re-
whenever in the judgment of' .the secretary the          spective appropriations and institutions, but ap-
charges are warranted and the cost of'the ser-           proval of such payments by them shalll not be
vices can be ascertained with reasonable accu-           necessary
racy. . ,
                                                         16 . 93 Capitol and state office buildings
16 . 89 Construction controlled by chapter               parking regulations . (1) (a) Except as pro-
16 . No department, independent agency, con-             vided in par.: (b), the parking of automobiles at
stitutional office or agent of the state shall em-       the curb on the capitol park side of the 4 streets
                    Electronically scanned images of the published statutes.

 16 .93 DEPARTMENT OF AD M I N ISTRATIO N                                                                286

surrounding the state capitol park shalll be sub-       16 . 94 Burning bituminous coal near capi-
ject to any . police regulation or city ordinance
                                                e       tol . (1) It shall be unlawful to burn any bitumi-
that may be enacted by the city of Madison des-
                        y                               nous coal for. heating, power or any other
ignating the manner of such parking or limiting         purpose or purposes within any of'the following
the length of time which automobiles can be so          blocks surrounding the capitol park in the city
parked in such public streets in said city..            of Madison, viz..: Blocks 64, 65, 66, 67, 68, .71 ;
   (b) Eight areas, for the parking of 5 automo-        72, 73, 74, 75, 76, 77, 82, 83, 84, 85, 88, 89, 90,
biles in each area, at the curb on the capitol park     91, 98, 99, 100, 101, 102, 103, 104, 105, 107,
side of the 4 streets surrounding the state capitol     108, 109 and 110 or ,in the streets or alleyss ad-
park, each area as near as lawfully permissible to      joining said blocks, except in smoke preventing
each near side of the intersections of said streets     furnaces of such an efficiency that no smoke
                                                        shall be visible emitting from the top or outlet
with the driveways leading to the capitol build-
                                                        of the stack or chimney .
ing, are reserved for the parking of automobiles
                                                           (2) Any person who shalll cause, allow, or per-
by those persons designated in sub . (3) during
                                                        mit bituminous coall to be burned in violation of
sessions (regular, adjourned or special) of the
                                                        this section shall forfeit the sum of $25 for each
legislature, and only emergency police regula-
                                                        day or partthereof during which such violation
tions or city ordinances of the city of Madison
                                                        con tinues
are applicable to such areas during said sessions .
                                                           (3) Thee secretary of administration, with the
The department of administration shall mark
                                                        assistance of the department of justice, shall in-
and post the areas Parking of automobiles in the
                                                        stitute proper proceedings to collect fines for
areas during ; said sessions is permitted without
                                                        and restrain violations of this section . .
restriction to those persons whose automobiles
are identified as specified in sub. . (4), and the         (4) The limitations contained in this section
                                                        are imposed for the protection of the state capi-
parking therein of any vehicle by any other per-
                                                        tol and its contents .
son is prohibited during said sessions and any
violation of this prohibition shall be punished as                     SUBCHAPTE R VI .
in sub . . (2)                                                        STATE PLANN I NG .
    (2) Except for persons designated in sub (3),
                                                         16 . 95 Powers: and duties. The department
the parking of any motor vehicle in any of the          shall, through a system of comprehensive long-
4 driveways of the capitol park leading to the          rangee planning, promote the developmentt and
capitol building is prohibited . Parking of any         the maximum wise use of the natural and hu-
motor vehicle on the grounds of ' any of' the state     man resources of the state .. It shall :
office buildings shall be in accordance with rules
                                                           (1) Collect, analyze, interpret and, in co-oper-
and orders established by the department and            ation with the other state agencies, maintain the
the department may establish a schedule of fees         comprehensive data needed for effective state
for parking at any state office building or facil-      agency planning andd effective review of those
ity, not including the capitol Any person violat-       plans by the governor and the legislature .
ing this subsection or any regulations adopted              (2) Perform research to evaluate and measure
pursuant thereto shall be fined not exceeding           alternative objectives and administrative ac-
$25 or imprisoned not exceeding 10 days .. .            ti ons .
   (3) The following persons may park automo-               (3) Stimulate and encourage all state agencies
biles identified as provided by sub (4) in the          to comprehensively plan and advance proposals
parking areas designated in subs; . : (1) (b) and (2)   for their area of state government services, and
without regard to the provisions thereof '              assist the state agencies to develop a necessary
   (a) Legislators and constitutional officers .        planning capacity..
   (b) Officers of the senate and assembly or,            (4) Prepare and maintain plans for those state
when the legislature is not in session (regular,        agencies which do riot have 'an adequate plan-
adjourned or special), a person they may specify        ning capacity, at the request and in co-operation
   (c)' Such state officers and employes as the         with those agencies
governor' directs not to exceed 15 or, when the           (5) Advise and assist state agencies- in their
legislature is not in session (regular, adjourned       development and maintenance of comprehen-
or special), such state officers and employes as        sive plans, providing them with technical and
the governor directs. .                                 program information, and advising them of the
   (4) To facilitate the administratiomof' sub : (3),   impact of related plans of other state agencies . .
the department of administration shall procure            (6), Stimulate the consideration ,and possible
identification tags, and issue such tags to appli-      use, of creative techniques and actions that may
cants eligible under - sub - (3)                        better accomplish the objectives of this section . .
                 Electronically scanned images of the published statutes.

287                                                   DEPARTMENT OF ADMINISTRATION 16 . 95

  (7) Evaluate the plans of" all state agencies, (10) Assist in implementing agency plans in
identifyy both duplication and program gaps in accordance with policies and programs estab-
the plans and measure the agency plans with the lished by the governor and the legislature
state goals enacted by the governor and the legis- (11) Administer federal planning grants for
lature state planning, when so designated by the gover-
  (8) Advise and assist the governor and the nor pursuant to s 16 .54 . The department may
legislature in establishing long-range develop- contract with other state agencies for the piepa-
ment policies and programs in considering state ration of all or part of a facet of the statee plan
agency plans with regard to those policies and which is financed in whole or in part by federal
programs.s planning grants

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