III. APPENDIX A--SAMPLE FORMS

A copy of the State of Wisconsin Personnel Commission Appeal Procedures must be posted in the department office in a conspicuous place. It need not be distributed at the time of hire. A copy of the notice is included below.

The documents below are also included in the PVL packet; they are explained at length in the Office of Human Resources' Search Handbook for Faculty, Academic Staff and Limited Appointments. 

1. Within 30 calendar days of the effective date of the decision appealed, or within 30 calendar days after the appellant is notified of such decision, whichever is later, the appeal must be in writing and sent to :

Appeals must be dated and contain the following information:

1. Name and address of appellant (person filing appeal)
2. Telephone numbers (home and work)
3. Agency or department of the appellant
4. The facts which form the basis of the appeal
5. The reason why the appellant believes the act or omission was improper.
6. The relief or remedy requested.
7. A copy of any written decision being appealed.
8. A filing fee of $50 which must be in the form of a money order, certified check, cashier's check or bank check made payable to the "State Treasurer of Wisconsin."

Effective June 1, 1996, a new Administrative Code Rule [sec. 230.45(3) stats.] requires the appellant in certain types of appeals (e.g., reclassifications and reallocations) to pay a $50 filing fee. The fee must be paid by the person filing the appeal and not by the institution on the employee's behalf or by reimbursing the employee for this expense.

2. The appellant will receive a notice from the Personnel Commission stating that the appeal was received.
   
3. The Personnel Commission will contact the appellant to establish whether the appellant wishes to have the appeal resolved by arbitration or formal hearing. Whatever the decision, a date and time for the proceeding will be made.

[An appellant in a classification appeal may elect to proceed by arbitration hearing rather than by contested case hearing. The arbitrator will render a decision orally at the conclusion of the arbitration hearing either affirming, modifying or rejecting the respondent's action.]

4. A pre-hearing conference will be conducted by telephone conference call or in person. A commissioner or member of the commission's staff will preside. The intention of the pre-hearing conference is to provide an opportunity to formulate a statement of the issues, to identify potential witnesses, to attempt to reconcile differences among the parties and promote the settlement, and to perform any other functions that may aid in the disposition of the case. The person presiding at the conference shall prepare a report of the conference and distribute it to all parties.
   
5. If no resolution results from the pre-hearing conference, the date and time of the hearing or arbitration remains the same. Names of witnesses and copies of exhibits shall be filed and served at least 3 working days before the hearing or arbitration.
   
6. The hearing is an official legal hearing with sworn testimony. Appellants may have union representation (if applicable), witnesses, or attorneys to represent them. The hearing examiner conducts the hearing by first swearing in the participants, then designates the appellant to present evidence. The burden of proof is on the appellant which means that the appellant must provide their witnesses before the agency provides its witnesses. After the appellant examines a witness, counsel for the respondent will have the opportunity for cross-examination. After the appellant finishes the presentation of the evidence and witnesses, the agency presents its case. At the conclusion of the hearing, both sides are permitted to make final arguments.

   Following the hearing, the examiner will issue a Proposed Decision and Order (PDO) within 60 days. Copies of the PDO will be sent to the parties who then have a period of time to submit written objections. The PDO, along with any objections, then goes to the full Commission for review. The Commission may modify the PDO or adopt it unchanged. The Commission will issue the Final Decision and Order within 90 days of the date for submission of the last argument or objection. The final decision is reviewable in circuit court.