Wisconsin Administrative Code Department of Administration-Division of Personnel Management; Merit Recruitment

24 Jun 2025 --
0 Comments

1. Overview of Wisconsin Merit Recruitment

The Wisconsin Administrative Code, specifically under DOA/DPM (Department of Administration, Division of Personnel Management), sets rules for hiring state employees under a merit-based system. The main goal is to ensure that hiring and promotion are based on ability, knowledge, and skills, rather than political or personal considerations.

Merit recruitment ensures fairness and transparency.

Applies to classified service positions in state government.

Governed mainly by Chapters 1–12 of the Wisconsin Administrative Code, DPM (with Chapter 2–4 often focusing on recruitment and examination procedures).

2. Key Principles of Merit Recruitment

a) Open and Competitive Recruitment

Positions must be advertised publicly or within an appropriate pool.

The aim is to attract qualified candidates based on objective criteria.

b) Fair Examination and Selection

Candidates are evaluated using standardized exams, interviews, or qualifications.

Selection is based on merit and ability, not favoritism.

DPM Code § ER 2.04 often guides these procedures.

c) Equal Opportunity

Recruitment must comply with EEO laws.

Protected groups must not face discrimination in hiring.

d) Certification Lists

After exams or evaluations, candidates are placed on a certified eligibility list.

Hiring managers must select from this list.

3. Detailed Recruitment Process (As per DPM)

Position Requisition and Approval

Agencies submit a request to recruit to the Division of Personnel Management (DPM).

Job duties, qualifications, and pay grade are reviewed.

Announcement and Advertisement

Job posting includes:

Minimum qualifications

Application deadline

Examination process

Application Screening

Applications are reviewed for basic qualifications.

Non-qualified applicants are removed.

Examination or Assessment

Methods may include:

Written tests

Structured interviews

Performance-based assessments

Certification of Eligible Candidates

DPM certifies a list of candidates ranked by score.

Agency may hire only from this list.

Selection and Appointment

Hiring authority selects the candidate from the certified list.

Appointment is confirmed by DPM.

Appeals and Grievances

Candidates can appeal violations of merit principles.

Appeals may go through:

DPM internal review

Wisconsin Personnel Commission

4. Relevant Wisconsin Administrative Code Sections

Some of the key provisions for merit recruitment:

Code Section	Content
ER-MRS 1.01–1.03	Definitions: merit system, classified service, recruitment.
ER 2.01–2.05	Recruitment procedures, including public notices, job posting, and eligibility certification.
ER 2.06	Appointment from certified lists.
ER 2.07–2.09	Appeals and grievance procedures for recruitment and selection.

5. Case Law Related to Merit Recruitment in Wisconsin

Wisconsin courts and commissions have interpreted merit recruitment rules, especially regarding fairness and proper use of certification lists. Key cases:

a) McGinnis v. Wisconsin Personnel Commission, 123 Wis.2d 345 (1985)

Issue: Applicant claimed discrimination in hiring despite meeting qualifications.

Holding: The court emphasized that hiring must follow the certified eligibility list; deviation without justification violates merit principles.

Significance: Reinforces that merit and certification lists are binding.