230.05 Powers and duties of the director.

(1) All powers necessary for the effective administration of the duties specified for the director under this subchapter are reserved to the director.

(2)

(a) Except as provided under par. (b), the director may delegate, in writing, any of his or her functions set forth in this subchapter to an appointing authority, within prescribed standards if the director finds that the agency has personnel management capabilities to perform such functions effectively and has indicated its approval and willingness to accept such responsibility by written agreement. If the director determines that any agency is not performing such delegated function within prescribed standards, the director shall withdraw such delegated function. The director may order transfer to the bureau from the agency to which delegation was made such agency staff and other resources as necessary to perform such functions if increased staff was authorized to that agency as a consequence of such delegation or if the bureau reduced staff or shifted staff to new responsibilities as a result of such delegation subject to the approval of the joint committee on finance. Any delegatory action taken under this subsection by any appointing authority may be appealed to the commission under s. 230.44 (1) (a). The director shall be a party in such appeal.

(b) The director is prohibited from delegating any of his or her final responsibility for the monitoring and oversight of the merit recruitment and selection program under this subchapter.

(3) The director may utilize the services of technical or specialized personnel to assist in implementing and maintaining a sound merit recruitment and selection program. These services may be obtained from persons within or without state service.

(4) The director may issue enforceable orders on all matters relating to the administration, enforcement and effect of the provisions of this subchapter for which responsibility is specifically charged to the director and the rules prescribed thereunder. Any action brought against the appointing authority for failure to comply with the order of the director shall be brought and served within 60 days after the date on which the director's order was issued. Such orders may be appealed to the commission under s. 230.44 (1) (a).

(5) The director shall promulgate rules for the effective operation of the provisions of this subchapter for which responsibility is specifically charged to the director. Notice of the contents of such rules and any modifications thereof shall be given to appointing authorities affected thereby, and such rules and modifications shall also be printed for public distribution.

(6) The director may seek the prior advice and counsel of agency heads in the formulation of policies and procedures concerning the duties specified for the director under this subchapter.

(7) The director shall use techniques and procedures designed to certify eligible applicants to any vacant permanent position within 30 days after the filing of an appropriate request by an appointing authority.

(8) The director may provide any personnel services to nonstate governmental units and may charge the nonstate governmental units for providing the services.

(9) The director may provide any services and materials to agencies and may charge the agencies for providing the services and materials. All moneys received from the charges shall be deposited in the appropriation account under s. 20.505 (1) (kz).

(10) The director shall establish standards for what constitutes a serious violation of the code of ethics for purposes of s. 230.34 (1) (a) 9.

History: 1971 c. 125, 270; 1977 c. 196 ss. 26, 105, 130 (5); 1977 c. 273; 1981 c. 20; 1983 a. 27; 1989 a. 31; 1997 a. 216, 237; 2003 a. 33; 2009 a. 28; 2015 a. 55, 150.

The division of merit recruitment and selection (DMRS) had no authority to control the recruitment process after certification. It was proper to dismiss DMRS as a party to an action alleging discrimination in failing to hire a candidate who had been certified for the position. Balele v. Wisconsin Personnel Commission, 223 Wis. 2d 739, 589 N.W.2d 418 (Ct. App. 1998), 98-1432.

An agency cannot prohibit classified employees from running for nonpartisan office except for certain circumstances. 80 Atty. Gen. 68.