Wisconsin Statutes & Annotations
Chapter 230 - State employment relations.
230.43 - Misdemeanors; how punished.

230.43 Misdemeanors; how punished.
(1) Hiring process; obstruction or falsifications. Any person who, alone or in cooperation with one or more persons, does any of the following is, for each offense, guilty of a misdemeanor:
(am) Willfully defeats, deceives or obstructs any person in respect of the rights of application or registration under this subchapter or any rules prescribed pursuant thereto.
(b) Willfully or corruptly, falsely marks, grades, estimates, or reports upon an application or resume, or proper standing of any person evaluated, registered, or certified, pursuant to this subchapter, or aids in so doing.
(c) Willfully or corruptly makes any false representations concerning the same, or concerning an applicant.
(d) Willfully or corruptly furnishes any person any special or secret information for the purpose of either improving or injuring the prospects or chances of any persons so evaluated, registered, or certified, being appointed, employed, or promoted.
(e) Personates any other person, or permits or aids in any manner any other person to personate him or her in connection with any registration, application, or request to be evaluated or registered.
(2) Prohibited appointments. Whoever, after a rule has been duly established and published, makes an appointment to office or selects a person for employment, contrary to such rule, or willfully refuses or neglects otherwise to comply with, or to conform to, this subchapter, or violates any of such provisions, shall be guilty of a misdemeanor. If any person is convicted under this subsection, any public office which such person may hold shall by force of such conviction be rendered vacant, and such person shall be incapable of holding public office for a period of 5 years from the date of such conviction.
(3) Penalty. Misdemeanors under this section are punishable by a fine of not less than $50 nor more than $1,000, or by imprisonment for not more than one year in the county jail or both.
(4) Rights of employee. If an employee has been removed, demoted or reclassified, from or in any position or employment in contravention or violation of this subchapter, and has been restored to such position or employment by order of the commission or any court upon review, the employee shall be entitled to compensation therefor from the date of such unlawful removal, demotion or reclassification at the rate to which he or she would have been entitled by law but for such unlawful removal, demotion or reclassification. Interim earnings or amounts earnable with reasonable diligence by the employee shall operate to reduce back pay otherwise allowable. Amounts received by the employee as unemployment benefits or welfare payments shall not reduce the back pay otherwise allowable, but shall be withheld from the employee and immediately paid to the unemployment reserve fund or, in the case of a welfare payment, to the welfare agency making such payment. The employee shall be entitled to an order of mandamus to enforce the payment or other provisions of such order.
(5) Taxpayers' suits. The right of any taxpayer to bring any action to restrain the payment of compensation to any person appointed to or holding any office or place of employment in violation of this subchapter shall not be limited or denied by reason of the fact that the office or place of employment has been classified as, or determined to be, not subject to a competitive hiring process; however, any judgment or injunction in any such action shall be prospective only, and shall not affect payments already made or due to such persons by the proper disbursing officers, in accordance with the rules of the administrator in force at the time of such payments.
History: 1971 c. 270 ss. 64, 75, 84 to 86; Stats. 1971 s. 16.38; 1977 c. 196 ss. 64, 130 (5); 1977 c. 273; Stats. 1977 s. 230.43; 1979 c. 221; 1981 c. 140; 1983 a. 27 s. 2200 (15); 2003 a. 33; 2015 a. 55, 150.
Back pay under sub. (4) is not an available remedy in reinstatement cases. Seep v. Personnel Commission, 140 Wis. 2d 32, 409 N.W.2d 142 (Ct. App. 1987).
This section does not confer any special right of action. The statute ensures that actions brought to enjoin the compensation of improperly appointed officials are not limited to classified employees. Association of Career Employees v. Klauser, 195 Wis. 2d 602, 536 N.W.2d 478 (Ct. App. 1995), 94-0632.

Structure Wisconsin Statutes & Annotations

Wisconsin Statutes & Annotations

Chapter 230 - State employment relations.

230.01 - Statement of policy.

230.02 - Liberal construction of statutes.

230.03 - Definitions.

230.04 - Powers and duties of the administrator.

230.042 - Wisconsin veterans employment initiative.

230.046 - Training programs.

230.047 - Temporary interchange of employees.

230.05 - Powers and duties of the director.

230.06 - Powers and duties of appointing authorities.

230.08 - Classification of civil service.

230.09 - Classification.

230.10 - Compensation plan coverage.

230.12 - Compensation.

230.13 - Closed records.

230.14 - Recruitment.

230.143 - Appointment; selective service registration.

230.147 - Employment of aid recipients.

230.148 - Unclassified service reappointments.

230.15 - Appointments, promotions, changes in classified service.

230.16 - Applications and selection processes.

230.17 - Applicants and eligibles may be barred; bonds may be required.

230.18 - Discrimination prohibited.

230.19 - Promotion.

230.20 - Recommendations.

230.21 - Unskilled labor and critical recruitment selection.

230.213 - Affirmative action procedures for corrections positions.

230.215 - Part-time employment and flexible-time schedules.

230.22 - Entry professional selection.

230.24 - Career executive selection.

230.25 - Certification, appointments and registers.

230.26 - Limited term appointments.

230.27 - Project positions.

230.275 - Noncompetitive appointment of certain disabled veterans.

230.28 - Probationary period.

230.29 - Transfers.

230.30 - Employing units; establishment and revision.

230.31 - Restoration of employment and reinstatement privileges.

230.315 - Differential pay, sick leave, and annual leave for state employees activated into certain federal service.

230.32 - Restoration after military leave.

230.33 - Leave of absence and pay while serving in unclassified position.

230.335 - Rights of unclassified division administrators.

230.337 - Rights of employees: corrections or parole.

230.339 - Rights of certain employees of the department of safety and professional services.

230.34 - Demotion, suspension, discharge and layoff.

230.35 - State office hours; standard workweek; leaves of absence; holidays.

230.36 - Hazardous employment, injuries, pay continued.

230.37 - Standards of performance and ratings.

230.40 - Political activities; public office.

230.41 - Invalid appointments.

230.43 - Misdemeanors; how punished.

230.44 - Appeal procedures.

230.445 - Grievance process for demotion, suspension, discharge, layoff, or reduction in base pay.

230.45 - Powers and duties of commission and division of equal rights.

230.46 - Duties of council on affirmative action.

230.48 - State employees suggestion board.

230.80 - Definitions.

230.81 - Employee disclosure.

230.82 - Processing of information.

230.83 - Retaliatory action prohibited.

230.85 - Enforcement.

230.86 - Discipline based on surveillance.

230.87 - Judicial review.

230.88 - Payment of award, judgment or settlement; effect of order, arbitration award or commencement of court action.

230.89 - Rule making and reporting.

230.90 - Government employer retaliation prohibited.