The Wisconsin Personnel Commission was abolished in 2003.However, the rulings of the Personnel Commission continue to be cited in decisions that are issued by successor agencies. The Commission’s on-line Digest of Decisions is maintained solely as a research tool.
Once you have determined the classifications
numbers that are of interest to you,
make a note of them and open the Entry to case
summaries page
[A] [B]
[C] [D] [E] [F] [G]
[H] [I] [J] [K] [L]
[M]
[N] [O] [P]
[Q] [R] [S] [T] [U]
[V] [W] [X] [Y] [Z]
Abandonment
See Job abandonment
Absence
As basis for discipline, 202.02
Abuse of discretion
Standard of judgment, 501.04
Academic staff positions, designation of positions as, 610.2
Accommodation, duty of
Disability discrimination, 774.05
Accretion, 403.005
Acting capacity, 403.01
Administrative practice
Weight accorded to, 522.03
Administrative practices manual, 403.02
Administrative regularity, presumption of, 605.5
Administrative rules
Commission's rules of procedure, 512
Compliance of form of appeal with, 522.01(2)
Conflict between statute and administrative
rule, 522.07
Jurisdiction over appeals arising from
promulgation of emergency rules under §227.24, Stats., 103.16
Jurisdiction over appeals to determine legality
of, 103.19
Administrator [of the Division of Merit Recruitment and Selection]
Appeal from actions of
Burden of proof, 502.06
Computation of timeliness of appeal, 102.05(10)
Jurisdiction, 103.11, 103.18
Mistaken appeal to, effect on determining
receipt of appeal by Commission, 102.02(5)
Adverse employment action
Complaint
Subject matter jurisdiction, 702.07
Affirmative defenses
Burden of proof, 502.15
Age discrimination, 760
Standard of judgment and analysis, 721.10
Subject matter jurisdiction, 702.10
Agency
State agency as employer, 702.01
Amendment
Of appeal, 504
Form, 522.01(4)
Timeliness of an amendment to an appeal, relation back, 102.09
Of complaint, 712.5
Timeliness of, 706.07
Of notice of discipline, 201.05
Amicus curiae
See Briefs
Ancestry
See National origin/ancestry
Appeals
See Discovery
See Jurisdiction
See Procedure
See Timeliness
Filing fee, 500.50
Form, 522.01
Survive death, 522.02
Appointment
Authority to appoint to future vacancy as a
remedy in an appeal, 130.5(2)
Complaints of discrimination/retaliation
arising from, 796.15
Of counsel, 522.10
Arbitrary and capricious
Layoff, 302.12
Arbitration
See Hiring decision
Effect of arbitration award on appeal, 503.04
Arrest record/conviction record discrimination, 768
Standard of judgment and analysis, 721.12
Subject matter jurisdiction, 702.12
Assignments
See Work assignments
Atmosphere of discrimination
Proof of general atmosphere of discrimination,
760.6
Attorney-client privilege, 510.20
Attorneys
Representation of parties, 522.10
Attorneys fees
Authority to award attorneys fees as a remedy
in an appeal, 130.5(4)
Audit
Field audit of position for purpose of
determining correctness of classification, 403.12(4)(r)
Back pay
Authority to award back pay as a remedy in an
appeal, 130.5(6)
Bargaining agreement
Effect of an existing bargaining agreement on
the Commission's jurisdiction over an appeal, pursuant to §111.93(3), Stats., 103.05
Effect of a bargaining agreement on the
Commission's jurisdiction over complaint and additional complaint procedures, 704
Role in layoffs, 302.08
Bargaining unit
Jurisdiction over appeal of placement in a
bargaining unit, 103.06
Benefits
Complaints of discrimination/retaliation
relating to, 796.30
Bifurcated hearing, 504.50
Bona fide occupational qualification (BFOQ), 788.15
Briefs
Amicus curiae, 522.15
Briefing schedule, 512.03
Bumping rights
Layoff, 302.15
Burden of proceeding, 502.09
Burden of proof
Appeals, 502
Complaints, 722
Career executive actions, 686
Carry-over of benefits from unclassified position, 403.023
Certification, 403.04(10)
Complaints of discrimination/retaliation
arising from, 796.10
Claim preclusion
Appeals, 510.50
Complaints, 717.3
Classification
See Reallocation
See Reclassification
Classifications involved in appeals of
reallocations/reclassifications, 403.12(2)
Factor Evaluation System, 403.12(16)(m)
Progression series, 403.12(15)(m)
Where classification decision is based on performance analysis, 403.12(17)(m)
Classification specifications, binding on
reallocations/reclassifications, 403.12(12)
Complaints of discrimination/retaliation
relating to, 796.40
Classification survey
Refusal to conduct, 403.125
Code of ethics, 403.027
Collateral estoppel
Appeals, 510.50
Complaints, 717.3
Color (discrimination based upon color), 770
Standard of judgment and analysis, 721.14
Subject matter jurisdiction, 702.14
Commissioner
Disqualification 518.02
Voting, 518.01
Committee responsibilities
For purpose of determining correctness of
classification, 403.12(4)(v)
Complaints of discrimination/retaliation, 700
See Discovery
See Jurisdiction
See Procedure
See Remedy
See Timeliness
Sufficiency, 712.2
Computation of time
See Timeliness
Conditions of employment
Commission's jurisdiction over 4th
step grievance relating to, 103.08(8)
Consolidation
Of appeals, 505
Of complaints with appeals/other complaints,
717.1
Constitutional rights
As defense to imposition of discipline, 205.1
Constructive
Demotion in lieu of layoff, 302.20
Discharge
Complaints of discrimination/retaliation arising from a constructive discharge, 796.60
Discharge/voluntary resignation, 760.4
Continuing duties and responsibilities
For purpose of determining correctness of
classification, 403.12(4)(s)
Continuing violation theory
Applied to timeliness of appeals, 102.11
Applied to timeliness of complaints, 706.05
Continuous service credits, 403.03
Conviction record discrimination
See Arrest record/conviction record
discrimination
County merit system
Jurisdiction over appeals arising from, 103.09
Co-workers, conduct of
Complaints of discrimination/retaliation
relating to, 796.39
Creed (discrimination based upon creed), 772
Standard of judgment and analysis, 721.16
Subject matter jurisdiction, 702.16
Date stamp
See Timeliness
Days
Effect of the end of statutory filing period
falling on a weekend or holiday, 102.16
Work or calendar, when calculating timeliness
of an appeal, 102.12
Decisions
See Proposed decisions
Findings, conclusions and order
Appeals, 519
Complaints, 740
Preliminary decision, 522.09
Declaratory ruling (§227.41, Stats.), 110, 523
Delegation
Of authority to classify positions, 403.12(6)
Demotion
See Discipline
Burden of proof, 502.04
Complaints of discrimination/retaliation
arising from, 796.50
Definition, 240.1
Versus reclassification/reallocation, 403.12(7)
Voluntary, 670
Department of Employment Relations
See Secretary, DER
Disability discrimination, 774
Standard of judgment and analysis, 721.18
Subject matter jurisdiction, 702.18
Discharge
See Discipline
Burden of proof, 502.03
Complaints of discrimination/retaliation
arising from, 796.60
Computation of timeliness, 102.05(1)
Layoff alleged to be discharge, 302.09
Discipline, 200
See specific type of discipline, e.g., demotion
Appeal from
Authority to impose remedy, 130.7(4)
Fees and costs (Equal Access to Justice Act), 521.7(2)
Notice of, 201
Discovery issues arising in
Appeals, 506
Complaints, 724
Discretionary acts (vs. ministerial acts), 522.20
Discretionary Performance Evaluation (DPA)
See Performance evaluations
Dismissal of
Appeals, 515
Complaints, 736
Disparate impact
National origin/ancestry claim, 780.10
Race, 784.10
Sex, 788.10
Disqualification
Of examiner/commissioners, 518.02
Of examiner in complaint hearing, 728.3
Division of Merit Recruitment and Selection
See Administrator, DMRS
Double jeopardy, 522.06
Effective date
Of layoff/job abandonment, 302.01
Of reclassification/reallocation, 403.12(13)
Employee
Complaint
Subject matter jurisdiction, 702.03
Employer
Complaint
Subject matter jurisdiction, 702.01
Employing unit determination, 403.035
Employment location
Complaint
Subject matter jurisdiction, 702.05
Equal Access to Justice Act (EAJA), 521
Equitable estoppel, 522.05
As to issues of timeliness, 102.10
Estoppel
See Equitable estoppel
Evaluations
See Performance evaluations
Evidence, 510
Evidentiary standard of judgment, 501.01
In hearings on complaints, 730
Exam
Appeals of, 403.04
Authority to impose remedy in appeal, 130.7(1)
Burden of proof, 502.08
Computation of timeliness of appeal, 102.05(9)
Fees and costs awards(Equal Access to Justice Act), 521.7(2)
Mootness, 503.02
Complaints of discrimination/retaliation
arising from, 796.05
Excessive discipline, 210
Exclusivity of other laws/proceedings, vis-§vis complaint, 717.7
Exhaustion of remedies
Effect on Commission's jurisdiction over 4th
step grievance, 103.08(2)(a)
Exhibits, 510.05
Exchange of lists of, 508.2
Factor Evaluation System
Reclassification/reallocation decisions
involving, 403.12(16)
Failure to recall from layoff
See Layoff
Failure to state a claim
Complaint, 712.4
Family leave/medical leave act (FMLA)
Standard of judgment and analysis, 721.17
Subject matter jurisdiction, 702.17
Federal proceedings
Effect on complaint of parallel federal
proceeding, 717.2
Fees and costs
See Filing fee
See Remedy
Equal Access to Justice Act (EAJA), 521
Filing fee
For appeals, 500.50
Flex-time, 640
Foundation
For evidence, 510.01
Grievances, 680
Authority to impose remedy in, 130.7(2)
Commission's jurisdiction to hear 4th
step grievances, 103.08
Computation of timeliness of 4th
step, 102.05(4)
Effect of filing grievance on timeliness of
subsequent appeal, 102.13
Handicap
See Disability
Harassment
Racial harassment, 784.25
Sexual harassment, 788.25
Hazardous duty (§230.36, Stats.), 650
Hearing
Bifurcated, 504.50
Complaints, 728
Consolidation, 505.01, 505.02(2)
Location of, 514
On motions
Hearing necessary, 511.03
No hearing necessary, 511.02
Timing of, 513, 734
Hearing examiner
Disqualification, 518.02
Role of examiner/substitution in complaint
hearings, 728.3
Hearing officer
Jurisdiction over appeals to review decisions
of impartial hearing officers, 103.17
Hearsay, 510.06, 730
Hiring decision
See Post-certification actions
Appeal from, 615
Computation of timeliness of appeal, 102.05(6)
Fees and costs (Equal Access to Justice Act), 521.7(8)
Commission's jurisdiction over 4th
step grievance relating to, 103.08(4)
Complaints of discrimination/retaliation
arising from, 796.15
Hiring procedure, 403.04
Honesty testing device (illegal use of), 776
Standard of judgment and analysis, 721.20
Subject matter jurisdiction, 702.20
Infirmities
See Disability discrimination
Employee infirmities (§230.37, Stats.), 660
Initial determination, 715
Insubordination
As basis for discipline, 202.03
Issue for hearing
Appeals, 502.75
Complaints, 726
Issue preclusion
Appeals, 510.50
Complaints, 717.3
Interlocutory relief
Complaints, 713
Investigation
See Initial determination
Complaint, 714
Jurisdiction over appeals requesting an
investigation, 103.10
Request for second investigation, 715.2
Job abandonment, 300
Job announcement, 403.04(1)
Job references
See references
Job requirements, 403.04(1)
Job sharing
For purpose of determining correctness of
classification, 403.12(4)(t)
Jurisdiction
Appeals, 100
Burden of proof, 502.02
Complaints, 702
Motions regarding, 511.01
To determine jurisdiction, 104
Just cause
Standard of judgment, 501.02
(no entries)
Labor agreement
See Bargaining agreement
Lack of prosecution
Appeals
Motion to dismiss for lack of prosecution, 511.20, 515.2
Complaints, 736
Layoff, 300
See Discipline
Burden of proof, 502.03
Complaints of discrimination/retaliation
relating to, 796.55
Computation of timeliness 102.05(3)
Versus reclassification/reallocation, 403.12(7)
Leadwork responsibilities
For purpose of determining correctness of
classification, 403.12(4)(w)
Leave, 403.06
Medical leave of absence, 635
Logical and gradual change
Reclassification, 403.12(11)
Mailing date
Of appeal, see Timeliness
Management responsibilities
For purpose of determining correctness of
classification, 403.12(4)(w)
Management rights
Commission's jurisdiction over 4th
step grievance relating to, 103.08(8)
Marital status (discrimination based on marital status), 778
Standard of judgment and analysis, 721.22
Subject matter jurisdiction, 702.22
Materiality
Of evidence, 510.11, 730
Merit increase, 637
Commission's jurisdiction over 4th
step grievance relating to, 103.08(5)
Merit pay, 403.09
Military reserve membership (discrimination based on military reserve membership)
Subject matter jurisdiction, 702.23
Ministerial acts (vs. discretionary acts), 522.20
Mixed motive, 760.2
Mootness
Of appeal, 503
Of complaint, 719
Motions, 511
For reconsideration, 517
In limine, 510.09
Relating to complaints, 732
To reopen, 517
To suppress evidence, 510.09
National origin/ancestry discrimination, 780
Standard of judgment and analysis, 721.24
Subject matter jurisdiction, 702.24
Non-renewal of contract
See Termination
Notice
Of disciplinary action, see Discipline
Of personnel action serving as basis for appeal, 102.04
Of reallocation, 401.01
Of reclassification, 401.01
Of relocation, 401.02
Of right to appeal, 102.04
Of witnesses and exhibits prior to hearing, 507, 508
Objections
To evidence
Timeliness of, 510.04
To proposed decision and order, 517
Occupational safety and health retaliation, 782
Standard of judgment and analysis, 721.26
Subject matter jurisdiction
Off-duty misconduct as basis for discipline, 202.10(1)
Official notice, 510.15
On-duty misconduct as basis for discipline, 202.10(2)
Open records law, 505.50
Request for copy of investigative file, 714.4
Oral argument
After issuance of proposed decision and order,
517
Overtime, 690
Action by administrator/secretary, 403.10
Para-professional duties
For purpose of determining correctness of
classification, 403.12(4)(u)
Parties
Appeals, 506.50
Complaints, 710
Pay range, 403.15
Of classification
Subject matter jurisdiction over appeals regarding, 103.04
Pay rate, 683
Complaints of discrimination/retaliation
relating to, 796.25
Performance evaluations, 403.102
Complaints of discrimination/retaliation
relating to, 796.45
Performance standards
Absence of, as defense to imposition of
discipline, 205.3
Personal delivery to Commission
See Timeliness
Polygraph exam
As evidence, 510.07
Position description
For purpose of determining correctness of
classification, 403.12(4)(c)
Post-certification action related to the hiring process (§230.44(1)(d), Stats.)
See Hiring decisions
Appeal from
Authority to impose remedy in, 130.7(6)
Computation of timeliness of appeal, 102.05(6)
Fees and costs (Equal Access to Justice Act), 521.7(8)
Jurisdiction over, 103.20
Post-hearing procedure
Relating to complaints, 728
Postponements/delays
Of appeal proceedings, 513
Of complaint proceedings, 734
Pre-disciplinary procedures
Inadequacy of, as defense to imposition of
discipline, 205.8
Preemption by other laws/proceedings, vis-§vis complaint, 717.7
Prehearing conference
Consolidation, 505.02(1)
Premature appeal
Effect of premature appeal on Commission's
jurisdiction over 4th step grievance, 103.08(2)(b)
Presumption of administrative regularity, 605.5
Prima facie case
Standard of judgment and analysis, 721
See individual bases of
discrimination/retaliation
Probable cause
See Initial determination
See individual bases of
discrimination/retaliation
Probation
Extension of, 630.06
Computation of timeliness of appeal, 102.05(5)
Role of administrator/secretary, 403.11
Subject matter jurisdiction
Appeals by probationary employees, 103.01
Termination, 630.08
Probationary employees
Administrative rules, 512.04
Issues relating to probationary period, 630
Role in layoffs, 302.07
Procedure
Appeals, 500
Complaints, 714
Professional duties
For purpose of determining correctness of
classification, 403.12(4)(u)
Progression series
Reclassification/reallocation decisions
involving, 403.12(15)
Progressive discipline
Applied in determining if imposed discipline
was excessive, 210.5(5)
Project positions, 403.104
Promotional potential rating, 403.107
Promotions, 625
Complaints of discrimination/retaliation
relating to, 796.15
Proposed decision and order
Objections to, 517
Protective orders, 508.6
Public employee safety and health
See Occupational safety and health
retaliation
Quantitative factors
For purpose of determining correctness of
classification, 403.12(4)(o)
Race
Classification in hiring, in an appeal,
403.04(4)
Race discrimination, 784
Standard of judgment and analysis, 721.28
Subject matter jurisdiction, 702.28
Reallocations, 403.12
Appeal from
Authority to impose remedy in, 130.7(8)
Fees and costs (Equal Access to Justice Act), 521.7(1)
Standard of judgment in appeal, 402
Subject matter jurisdiction over, 103.03, 103.11
Notice of, 401.01
Reappointment decisions
Complaints of discrimination/retaliation,
796.15
Rebuttal case
Notice of witnesses and exhibits, 508.7
Receipt
See Timeliness
Reclassifications, 403.12
Reconsideration
Motion for, 517
Recruitment, 403.04(1.5)
Redirect evidence
Scope of, 510.03
Reduction in base pay
See Discipline
References
Complaints of discrimination/retaliation
arising from, 796.70
Employment references, 615.5(6)
Registers (list of eligibles), 403.07
Regrade, 403.127
Rehearing requests, 517
Regarding complaints, 738
Reinstatement, 667
After layoff, 302.10
Complaints of discrimination/retaliation
relating to, 796.15
Motion for reinstatement, 511.04
Relation back
Of amendment or of appeal to prior complaint,
when determining timeliness, 102.09
Of complaint to previously filed appeal, 706.08
Relevance
Of evidence, 510.08
Relief
See Interlocutory relief
See Remedy
Relocation
Notice of, 401.02
Remedy
See Fees and costs
Authority to award in appeal, 130
Remedies awarded in appeals from decisions of
the administrator/secretary, 420
Remedies awarded in appeals from disciplinary
actions, 270
Remedies awarded in appeals from layoffs, 310
Remedies awarded in appeals from the failure to
appoint, 675.5
Remedies awarded in other appeals from actions
of appointing authorities, 675.8
Remedies awarded in complaints, 742
Reopen
Motion to, 517
Complaints, 738
Reorganization, 403.13
Effect on reclassification/reallocation,
403.12(10)
Reprimand
Commission's jurisdiction over 4th
step grievance relating to, 103.08(3)
Complaints of discrimination/retaliation
arising from, 796.50
Resignation
Effect of resignation on appeal, 503.01
Subject matter jurisdiction over appeals of,
103.02
Voluntary resignation vs. constructive
discharge, 760.4
Res judicata
Appeals, 510.50
Complaints, 717.3
Restoration, 667
Retaliation (Fair Employment Act retaliation), 786
Standard of judgment and analysis, 721.30
Subject matter jurisdiction, 702.30
Retention rights
After layoff, 302.10
Retirement
Compulsory, 403.14
In lieu of layoff, 796.55
Rules
See Administrative rules
Salary
Complaints of discrimination/retaliation
relating to, 796.25
Salary range of classification
Subject matter jurisdiction over appeals
regarding, 103.04
Sanctions
Discovery
Appeals, 506.04
Complaints, 724
Secretary [of the Department of Employment Relations]
Appeal from decisions of
Burden of proof, 502.07
Computation of timeliness of appeal, 102.05(10)
Jurisdiction over appeals, 103.11, 103.18
Mistaken appeal to, effect on determining
receipt of appeal by Commission, 102.02(5)
Selection decisions
See Hiring decisions
See Post-certification actions
Sequestration of witnesses, 511.50
Settlement agreement
Appeal
Effect of previous agreement reached in another proceeding, 107
Complaint, 735
Effect of previous agreement reached in another proceeding, 717.5
Request to reopen case where was previous settlement agreement, 738.4
Sex
Classification in hiring, in an appeal,
403.04(5)
Sex discrimination, 788
Standard of judgment and analysis, 721.32
Subject matter jurisdiction, 702.32
Sexual harassment, 788.25
Subject matter jurisdiction, 702.32(2)
Sexual orientation discrimination, 790
Standard of judgment and analysis, 721.34
Subject matter jurisdiction, 702.34
Shift assignments
Complaints of discrimination/retaliation
relating to, 796.35
Snow
Make-up days, 403.08
Social Security tax
Jurisdiction over appeal relating to, 103.07
Standard of judgment, 501
Abuse of discretion, 501.04
Correctness of actions by
administrator/secretary, 501.03
In appeals of disciplinary actions, 201.50,
501.02(1)
In appeals of layoffs and job abandonments,
301, 501.02(2)
In complaints, 721
Standing
Appeals, 503.50
Complaints, 720
Statistical analysis of discrimination/retaliation
Age discrimination, 766.06
National origin/ancestry, 780.06
Race, 784.06
Sex, 788.06
Statutes
Conflict between statute and administrative
rule, 522.07
Stay of order, 516
Subject matter jurisdiction
Appeals, 103
Complaints, 702
Subpoenas, 508.4
Summary judgment motion
In an appeal, 511.08
In a complaint, 732
Supervision
Level of, for purpose of determining
correctness of classification, 403.12(4)(x)
Supervisory responsibilities
For purpose of determining correctness of
classification, 403.12(4)(w)
Suspension
See Discipline
Burden of proof, 502.04
Complaints of discrimination/retaliation
arising from, 796.50
Computation of timeliness of appeal of,
102.05(7)
Definition, 250.1
Statutory limit on duration of, 250.3
Tardiness
As basis for discipline, 202.02
Teacher credits
For purpose of determining correctness of
classification, 403.12(4)(l)
Temporary disability
Subject matter jurisdiction, 702.18(2)
Temporary duties and responsibilities
For purpose of determining correctness of
classification, 403.12(4)(s)
Termination
Complaints of discrimination/retaliation
arising from, 796.60
Computation of timeliness 102.05(1)
Probationary termination, jurisdiction over
appeals by probationary employees, 103.01
Terms, conditions or privileges of employment
Complaint
Subject matter jurisdiction, 702.07
Timeliness
Of appeals, 102
Of appeal from initial determination of no
probable cause, 706.50
Of complaints, 706
Of motions, 511.80
Of objections to evidence, 510.04
Of objections to proposed decision, request for
oral argument, rehearing, reconsideration or reopening hearing, 517.55
Time restrictions
See Timeliness
Time stamp
See Timeliness
Timing (including postponement/acceleration) of proceedings, 513
Of complaint proceedings, 734
Trainee classification, 403.151
Training
Complaints of discrimination/retaliation
relating to, 796.37
Transcript
Of hearing, 728.8
Transfers, 622
Complaints of discrimination/retaliation
arising from, 796.35
Role of administrator/secretary, 403.16
Unauthorized practice of law, 522.10
Unclassified employees and positions
Jurisdiction over appeals arising from, 103.12
Unfairness realized
Effect on calculating timeliness of appeal,
102.14
Union contract
Effect of an existing bargaining agreement on
the Commission's jurisdiction over an appeal, pursuant to §111.93(3), Stats., 103.05
Vacation time, 403.17
Veterans points, 403.04(10)
Volunteer responsibilities
For purpose of determining correctness of
classification, 403.12(4)(v)
Waiver
Of complaint investigation, 714.9
Weather
Make-up days, 403.08
Whistleblower retaliation (subch. III, ch. 230, Stats.), 792
Standard of judgment and analysis, 721.50
Subject matter jurisdiction, 702.50
Witnesses
Exchange of lists of, 508.2
Expert, 510.10
Fees/reimbursement, 508.8
In hearings on complaints, 730
Withdrawal
Of appeal, 515.5
Of complaint, 736.5
Work assignments, 645
Complaints of discrimination/retaliation
relating to, 796.35
Jurisdiction over appeals from, 103.13
Work record
As basis for determining whether imposed
discipline was excessive, 210.5
Poor work record as basis for discipline,
202.04
(no entries)
(no entries)
(no entries)
While this digest has been prepared by Personnel Commission staff for the convenience of interested persons, it should be remembered that the decisions themselves are the ultimate source of Commission precedent.
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