Wisconsin § 230.34 - Demotion, suspension, discharge and layoff.

§ 230.34. Demotion, suspension, discharge and layoff.

230.34(1) (1) 230.34(1)(a) (a) An employee with permanent status in class or an employee who has served with the state as an assistant district attorney or an assistant state public defender for a continuous period of 12 months or more may be removed, suspended without pay, discharged, reduced in base pay, or demoted only for just cause. It is just cause to remove, suspend without pay, discharge, reduce the base pay of, or demote an employee for work performance or personal conduct that is inadequate, unsuitable, or inferior, as determined by the appointing authority, but only after imposing progressive discipline that complies with the administrator’s standards under s. 230.04 (13m) . It is just cause to remove, suspend without pay, discharge, reduce the base pay of, or demote an employee without imposing progressive discipline for any of the following conduct: 230.34(1)(a)1. 1. While on duty, harassing a person. 230.34(1)(a)2. 2. While on duty, intentionally inflicting physical harm on another person. 230.34(1)(a)3. 3. While on duty, being intoxicated or under the influence of a controlled substance, as defined in s. 961.01 (4) , or a controlled substance analog, as defined in s. 961.01 (4m) . This subdivision does not apply to an employee who is under the influence of a controlled substance or controlled substance analog if the employee is using the controlled substance or controlled substance analog as dispensed, prescribed, or recommended as part of medication-assisted treatment. 230.34(1)(a)4. 4. While on duty, being in possession of a controlled substance, as defined in s. 961.01 (4) , or a controlled substance analog, as defined in s. 961.01 (4m) , without a prescription. This subdivision does not apply to an employee who is in possession of a controlled substance or a controlled substance analog if the employee is using the controlled substance or controlled substance analog as dispensed, prescribed, or recommended as part of medication-assisted treatment. 230.34(1)(a)5. 5. Falsifying records of the agency. 230.34(1)(a)6. 6. Theft of agency property or services with intent to deprive an agency of the property or services permanently, theft of currency of any value, felonious conduct connected with the employee’s employment with the agency, or intentional or negligent conduct by an employee that causes substantial damage to agency property. 230.34(1)(a)7. 7. A conviction of an employee of a crime or other offense subject to civil forfeiture, while on or off duty, if the conviction makes it impossible for the employee to perform the duties that the employee performs for the agency. 230.34(1)(a)8. 8. Misuse or abuse of agency property, including the intentional use of the agency’s equipment to download, view, solicit, seek, display, or distribute pornographic material. 230.34(1)(a)9. 9. A serious violation of the code of ethics established by the director under s. 19.45 (11) (a) , as determined by the director. 230.34(1)(am) (am) If an employee fails to report for work as scheduled or to contact his or her supervisor, the appointing authority may discipline the employee. If an employee fails to report for work as scheduled, or to contact his or her supervisor for a minimum of 3 working days during a calendar year, the appointing authority shall consider the employee’s position abandoned and may discipline the employee or treat the employee as having resigned his or her position. If the appointing authority decides to treat the position abandonment as a resignation, the appointing authority shall notify the employee in writing that the employee is being treated as having effectively resigned as of the end of the last day worked. 230.34(1)(ar) (ar) Paragraphs (a) and (am) apply to all employees with permanent status in class in the classified service and all employees who have served with the state as an assistant district attorney or an assistant state public defender for a continuous period of 12 months or more. 230.34(1)(ax) (ax) 230.34(1)(ax)1. 1. Notwithstanding pars. (a) , (am) , and (ar) , during a state of emergency declared by the governor under s.