State Codes and Statutes

20.923

20.923 Statutory salaries. The purpose of this section is to establish a consistent and equitable salary setting mechanism for all elected officials, appointed state agency heads, division administrators and other executive-level unclassified positions. All such positions shall be subject to the same basic salary establishment, implementation, modification, administrative control and application procedures. The salary-setting mechanism contained in this section shall be directed to establishing salaries that are determined on a comprehensive systematic basis, bear equitable relationship to each other and to the salaries of classified service subordinates, and be reviewed and established with the same frequency as those of state employees in the classified service.

20.923(1)

(1) Establishment of executive salary groups. To this end, a compensation plan consisting of 10 executive salary groups is established in schedule one of the state compensation plan for the classified service from ranges 18 through 27. No salary range established above salary range 23 may be utilized in the establishment and compensation of positions in the classified service without specific approval of the joint committee on employment relations. The dollar value of the salary range minimum and maximum for each executive salary group shall be reviewed and established in the same manner as that provided for positions in the classified service under s. 230.12 (3). The salary-setting authority of individual boards, commissions, elective and appointive officials elsewhere provided by law is subject to and limited by this section, and the salary rate for these positions upon appointment and subsequent thereto shall be set by the appointing authority pursuant to this section, except as otherwise required by article IV, section 26, of the constitution.

20.923(2)

(2) Constitutional officers and other elected state officials.

20.923(2)(a)

(a) The annual salary for each elected state official position shall be set at the dollar value for the point of the assigned salary range for its respective executive salary group specified in this subsection in effect at the time of taking the oath of office, except as provided in par. (b) and s. 978.12 (1) (a). No adjustment to the salary of an official enumerated in this subsection is effective until it is authorized under article IV, section 26, of the constitution.

20.923(2)(b)

(b) The annual salary of each state senator, representative to the assembly, justice of the supreme court, court of appeals judge and circuit judge shall be reviewed and established in the same manner as provided for positions in the classified service under s. 230.12 (3). The salary established for the chief justice of the supreme court shall be different than the salaries established for the associate justices of the supreme court.

20.923(2)(c)

(c) The annual salary of the governor shall be set at 21.6% above the minimum of the salary range for executive salary group 10.

20.923(2)(e)

(e) The annual salary of the attorney general shall be set at 18% above the minimum of the salary range for executive salary group 10.

20.923(2)(f)

(f) The annual salary of the state superintendent of public instruction shall be set at 27.4% above the minimum of the salary range for executive salary group 7.

20.923(2)(g)

(g) The annual salary of the lieutenant governor shall be set at 1.9% above the minimum of the salary range for executive salary group 4.

20.923(2)(h)

(h) The annual salary of the secretary of state shall be set at 15.4% above the minimum of the salary range for executive salary group 1.

20.923(2)(i)

(i) The annual salary of the state treasurer shall be set at 15.4% above the minimum of the salary range for executive salary group 1.

20.923(2)(j)

(j) The annual salary of a district attorney shall be set under s. 978.12.

20.923(3)

(3) Justices and judges. The annual salary for any supreme court justice or judge of the court of appeals or circuit court shall be established under sub. (2), except that any compensation adjustments granted under s. 230.12 shall not become effective until such time as any justice or judge takes the oath of office.

20.923(4)

(4) State agency positions. State agency heads, the administrator of the division of merit recruitment and selection in the office of state employment relations and commission chairpersons and members shall be identified and limited in number in accordance with the standardized nomenclature contained in this subsection, and shall be assigned to the executive salary groups listed in pars. (a) to (h). Except for positions specified in par. (c) 3m. and sub. (12), all unclassified division administrator positions enumerated under s. 230.08 (2) (e) shall be assigned, when approved by the joint committee on employment relations, by the director of the office of state employment relations to one of 10 executive salary groups. The joint committee on employment relations, by majority vote of the full committee, may amend recommendations for initial position assignments and changes in assignments to the executive salary groups submitted by the director of the office of state employment relations. All division administrator assignments and amendments to assignments of administrator positions approved by the committee shall become part of the compensation plan. Whenever a new unclassified division administrator position is created, the appointing authority may set the salary for the position until the joint committee on employment relations approves assignment of the position to an executive salary group. If the committee approves assignment of the position to an executive salary group having a salary range minimum or maximum inconsistent with the salary paid to the incumbent at the time of such approval, the incumbent's salary shall be adjusted by the appointing authority to conform with the committee's action, effective on the date of that action. Positions are assigned as follows:

20.923(4)(a)

(a) Positions assigned to executive salary group 1:

20.923(4)(a)2.

2. Arts board: executive secretary.

20.923(4)(a)2m.

2m. Corrections, department of: director of prison industries.

20.923(4)(a)3.

3. Justice, department of; program director for crime victims compensation.

20.923(4)(a)4.

4. Law library, state: librarian.

20.923(4)(b)

(b) Positions assigned to executive salary group 2:

20.923(4)(b)4.

4. Judicial commission: executive director.

20.923(4)(b)6.

6. Earned release review commission: chairperson.

20.923(4)(c)

20.923(4)(c)1.

1. Administration, department of: director of federal-state relations office.

20.923(4)(c)3.

3. Office of credit unions: director of.

20.923(4)(c)3m.

3m. Administration, department of; office of state employment relations; division of merit recruitment and selection: administrator.

20.923(4)(c)4.

4. Higher educational aids board: executive secretary.

20.923(4)(d)

(d) Positions assigned to executive salary group 4:

20.923(4)(d)1.

1. Administration, department of; tax appeals commission: chairperson and members. The chairperson of the commission and the governor, at the time a new member is appointed, shall jointly determine the salary of the new member within the range for this group.

20.923(4)(e)

(e) Positions assigned to executive salary group 5:

20.923(4)(e)1e.

1e. Educational communications board: executive director.

20.923(4)(e)2.

2. Employment relations commission: chairperson and members.

20.923(4)(e)3.

3. Workforce development: employment and training: executive director.

20.923(4)(e)4.

4. Workforce development, department of: labor and industry review commission: member and chairperson.

20.923(4)(e)5m.

5m. Legislature, legislative technology services bureau: director.

20.923(4)(e)11.

11. Public service commission; office of the commissioner of railroads: commissioner.

20.923(4)(e)12.

12. State fair park board: state fair park director.

20.923(4)(f)

(f) Positions assigned to executive salary group 6:

20.923(4)(f)1.

1. Administration, department of; office of state employment relations: director.

20.923(4)(f)2.

2. Agriculture, trade and consumer protection, department of: secretary.

20.923(4)(f)2d.

2d. Children and families, department of: secretary.

20.923(4)(f)2m.

2m. Commerce, department of: secretary.

20.923(4)(f)3f.

3f. Financial institutions, department of: secretary.

20.923(4)(f)3j.

3j. Government accountability board: legal counsel.

20.923(4)(f)6.

6. Legislature; legislative council staff: director.

20.923(4)(f)6m.

6m. Legislature; legislative audit bureau: director.

20.923(4)(f)7.

7. Veterans affairs, department of: secretary.

20.923(4)(f)7m.

7m. Legislature; legislative reference bureau: chief.

20.923(4)(f)7s.

7s. Legislature; legislative fiscal bureau: director.

20.923(4)(f)7t.

7t. Office of the governor: executive secretary.

20.923(4)(f)7v.

7v. Insurance, commissioner of.

20.923(4)(f)7w.

7w. Public defender board: state public defender.

20.923(4)(f)8e.

8e. Military affairs, department of: adjutant general.

20.923(4)(f)8h.

8h. Public service commission: chairperson and members.

20.923(4)(f)8m.

8m. Regulation and licensing, department of: secretary.

20.923(4)(f)9.

9. Tourism, department of: secretary.

20.923(4)(g)

(g) Positions assigned to executive salary group 7:

20.923(4)(g)1m.

1m. Employee trust funds, department of: secretary.

20.923(4)(g)1r.

1r. Historical society: director.

20.923(4)(g)2.

2. Natural resources, department of: secretary.

20.923(4)(g)3.

3. Revenue, department of: secretary.

20.923(4)(g)4.

4. Transportation, department of: secretary.

20.923(4)(g)6.

6. Workforce development, department of: secretary.

20.923(4)(h)

(h) Positions assigned to executive salary group 8:

20.923(4)(h)1.

1. Administration, department of: secretary.

20.923(4)(h)2g.

2g. Corrections, department of: secretary.

20.923(4)(h)5.

5. Health services, department of: secretary.

20.923(4g)

(4g) University of Wisconsin System senior executive positions. A compensation plan consisting of 9 university senior executive salary groups is established for certain administrative positions at the University of Wisconsin System. The salary ranges and adjustments to the salary ranges for the university senior executive salary groups 1 and 2 shall be contained in the recommendations of the director of the office of state employment relations under s. 230.12 (3) (e). The salary ranges and adjustments to the salary ranges for university senior executive salary groups 3 to 9 shall be determined by the board of regents of the University of Wisconsin System based on an analysis of salaries paid for similar positions at comparable universities in other states. The board of regents shall set the salaries for these positions within the ranges to which the positions are assigned to reflect the hierarchical structure of the system, to recognize merit, to permit orderly salary progression and to recognize competitive factors. The salary of any incumbent in the positions identified in pars. (ae) to (f) may not exceed the maximum of the salary range for the group to which the position is assigned. The positions are assigned as follows:

20.923(4g)(ae)

(ae) The positions assigned to university senior executive group 1 are each of the vice chancellors who is serving as deputy at the University of Wisconsin System campuses at Eau Claire, Green Bay, La Crosse, Oshkosh, Parkside, Platteville, River Falls, Stevens Point, Stout, Superior and Whitewater and each of the vice chancellors who is serving as deputy at the University of Wisconsin Colleges and the University of Wisconsin-Extension.

20.923(4g)(am)

(am) The positions assigned to university senior executive group 2 are the vice presidents of the University of Wisconsin System.

20.923(4g)(ar)

(ar) The positions assigned to university senior executive group 3 are the chancellors at the University of Wisconsin System campuses at Eau Claire, Green Bay, La Crosse, Oshkosh, Parkside, Platteville, River Falls, Stevens Point, Stout, Superior and Whitewater and the chancellors of the University of Wisconsin Colleges and the University of Wisconsin-Extension.

20.923(4g)(b)

(b) The position assigned to university senior executive group 4 is the vice chancellor who is serving as deputy at the University of Wisconsin-Milwaukee.

20.923(4g)(bm)

(bm) The positions assigned to university senior executive group 5 are the senior vice presidents of the University of Wisconsin System.

20.923(4g)(c)

(c) The position assigned to university senior executive group 6 is the vice chancellor who is serving as deputy at the University of Wisconsin-Madison.

20.923(4g)(d)

(d) The position assigned to university senior executive group 7 is the chancellor at the University of Wisconsin-Milwaukee.

20.923(4g)(e)

(e) The position assigned to university senior executive group 8 is the chancellor at the University of Wisconsin-Madison.

20.923(4g)(f)

(f) The position assigned to university senior executive group 9 is the president of the University of Wisconsin System.

20.923(5)

(5) Other University of Wisconsin System administrative positions. The board of regents of the University of Wisconsin System shall assign the positions of associate and assistant vice presidents, vice chancellors not identified in sub. (4g), assistant chancellors, associate and assistant vice chancellors and administrative directors and associate directors of physical plant, general operations and services and auxiliary enterprises activities or their equivalent, of each University of Wisconsin institution, the University of Wisconsin-Extension and the University of Wisconsin System administration to salary ranges established under s. 36.09 (1) (k) 2. b.

20.923(6)

(6) Salaries set by appointing authorities. Salaries for the following positions may be set by the appointing authority, subject to restrictions otherwise set forth in the statutes and the compensation plan under s. 230.12, except where the salaries are a subject of bargaining with a certified representative of a collective bargaining unit under s. 111.91 or 111.998:

20.923(6)(ac)

(ac) Administration, department of: deputy and assistant district attorneys.

20.923(6)(ah)

(ah) Administration, department of; federal-state relations office: director and staff assistant.

20.923(6)(aL)

(aL) Administration, department of: director of Indian gaming, and the attorney appointed under s. 569.015 (2).

20.923(6)(am)

(am) Each elective executive officer: a stenographer.

20.923(6)(as)

(as) Each elective executive officer other than the attorney general and superintendent of public instruction: a deputy or assistant.

20.923(6)(b)

(b) Educational communications board: unclassified professional staff.

20.923(6)(bd)

(bd) Children and families, department of: director of the office of urban development.

20.923(6)(bg)

(bg) Historical society: state historian.

20.923(6)(bj)

(bj) Historical society: unclassified sales and development professionals employed under s. 44.20 (4) (a).

20.923(6)(bm)

(bm) Investment board: all positions except blue collar and clerical positions.

20.923(6)(bp)

(bp) Legislative technology services bureau: staff employees.

20.923(6)(c)

20.923(6)(cm)

(cm) Judicial commission: staff member.

20.923(6)(d)

(d) Judicial council: attorney, technical and clerical help.

20.923(6)(e)

(e) Law library, state: assistant librarian, clerical and expert assistants.

20.923(6)(em)

(em) Legislative audit bureau: legislative auditors, assistants and clerical employees.

20.923(6)(f)

(f) Legislative council staff: clerical and expert assistants.

20.923(6)(g)

(g) Legislative fiscal bureau: assistants, analysts and clerical employees.

20.923(6)(gm)

(gm) Legislative reference bureau: all positions other than the chief.

20.923(6)(h)

(h) Legislature: policy research personnel, assistants to legislators, research staff assigned to legislative committees, and other persons employed under s. 13.20.

20.923(6)(hh)

(hh) Lower Wisconsin state riverway board: staff employees.

20.923(6)(hm)

(hm) Public defender board: staff attorneys.

20.923(6)(hq)

(hq) State fair park board: staff employees.

20.923(6)(i)

(i) Supreme court: assistants, clerks and employees.

20.923(6)(j)

(j) Supreme court: clerk.

20.923(6)(k)

(k) Supreme court: deputy clerk.

20.923(6)(L)

(L) Tourism, department of; Kickapoo reserve management board: executive director and staff.

20.923(6)(m)

(m) University of Wisconsin System: deans, principals, professors, instructors, research assistants, librarians and other teachers, as defined in s. 40.02 (55), the staff of the environmental education board, and instructional staff employed by the board of regents of the University of Wisconsin System who provide services for a charter school established by contract under s. 118.40 (2r) (cm).

20.923(7)

(7) Wisconsin Technical College System senior executive positions. The salary range for the director and the executive assistant of the Wisconsin Technical College System shall be contained in the recommendations of the director of the office of state employment relations under s. 230.12 (3) (e). The board of the Wisconsin Technical College System shall set the salaries for these positions within the range to which the positions are assigned to recognize merit, to permit orderly salary progression, and to recognize competitive factors. The salary of any incumbent in the positions identified in pars. (a) and (b) may not exceed the maximum of the salary range for the group to which the position is assigned. The positions are assigned as follows:

20.923(7)(a)

(a) The position assigned to general senior executive group 1 is the executive assistant of the Wisconsin Technical College System.

20.923(7)(b)

(b) The position assigned to general senior executive group 2 is the director of the Wisconsin Technical College System.

20.923(8)

(8) Deputies. Salaries for deputies appointed pursuant to ss. 13.94 (3) (b), 15.04 (2) and 551.601 (1) shall be set by the appointing authority. The salary shall not exceed the maximum of the salary range one range below the salary range of the executive salary group to which the department or agency head is assigned. The positions of assistant secretary of state, assistant state treasurer and associate director of the historical society shall be treated as unclassified deputies for pay purposes under this subsection.

20.923(9)

(9) Executive assistants. Salaries for executive assistants appointed under ss. 15.05 (3) and 15.06 (4m) shall be set by the appointing authority. The salary for an executive assistant appointed under s. 15.05 (3) or 15.06 (4m), other than the salary for the executive assistant to the director of the technical college system, may not exceed the maximum of the salary range 2 ranges below the salary range for the executive salary group to which the department or agency head is assigned. The position of administrative assistant to the lieutenant governor shall be treated as are executive assistants for pay purposes under this subsection. The salary for the executive assistant appointed under s. 230.04 (16) shall be set by the appointing authority. The salary for that position may not exceed the maximum of the salary range 2 ranges below the salary range for the executive salary group to which the appointing authority is assigned.

20.923(10)

(10) Office of the governor staff. The salary for key professional staff of the office of the governor identified as office of the governor assistants, other than the executive secretary, shall not exceed the maximum of the salary range for executive salary group 3.

20.923(12)

(12) Other department of regulation and licensing positions. The salaries for division administrators and bureau directors appointed under s. 440.04 (6) shall not exceed the maximum of the salary range for executive salary group 3.

20.923(14)

(14) Salary administration.

20.923(14)(a)

(a) Any adjustment of salary for any incumbent in a position specified in subs. (4), (8), (9) and (12) is governed by the provisions of the compensation plan concerning executive salary groups as adopted by the joint committee on employment relations under s. 230.12 (3) (b).

20.923(14)(b)

(b) Except as provided in s. 36.09 (1) (j), any adjustment of salary for an incumbent specified in sub. (4g) is governed by the provisions of the proposal concerning senior university executives, faculty and academic staff as approved by the joint committee on employment relations under s. 230.12 (3) (e).

20.923(14)(c)

(c) Any adjustment of salary for an incumbent specified in sub. (7) is governed by the provisions of the proposal concerning general senior executives as approved by the joint committee on employment relations under s. 230.12 (3) (e).

20.923(15)

(15) Salary adjustment limitations.

20.923(15)(a)

(a) An incumbent of a position that has been assigned to an executive salary group of the compensation plan or to a general senior executive group or a university senior executive salary group under this section, whose current salary exceeds the maximum of the salary range to which his or her position's group is assigned, shall remain at his or her current rate of pay while he or she remains employed in that position until the maximum of the salary range to which his or her executive salary group or university senior executive salary group is assigned equals or exceeds his or her current rate of pay.

20.923(15)(b)

(b) Except for the positions identified in subs. (4g), (5), and (7) (b), the pay of any incumbent whose salary is subject to a limitation under this section may not equal or exceed that amount paid the governor.

20.923(16)

(16) Overtime and compensatory time exclusion. The salary paid to any person whose position is included under subs. (2), (4), (4g), (5), (7), and (8) to (12) is deemed to compensate that person for all work hours. No overtime compensation may be paid, and no compensatory time under s. 103.025 may be provided, to any such person for hours worked in any workweek in excess of the standard basis of employment as specified in s. 230.35 (5) (a).

20.923(18)

(18) Prison industries sales positions.

20.923(18)(a)

(a) The office of state employment relations shall determine what positions in the classified service are comparable positions to the unclassified positions of 3 sales representatives of prison industries and one sales manager of prison industries who are appointed under s. 303.01 (10). For each such unclassified position, the office of state employment relations shall determine the minimum salary for each comparable position in the classified service and shall set an amount equal to that minimum salary as the salary for that unclassified position.

20.923(18)(b)

(b) In addition to the salary set under par. (a), each sales representative of prison industries and each sales manager of prison industries who is appointed in the unclassified service under s. 303.01 (10) shall be eligible to earn commission compensation in an amount established by the appointing authority as defined in s. 230.03 (4). That appointing authority shall establish the amount of commission compensation based on invoiced sales and new customers.

20.923 - ANNOT.

History: 1971 c. 18, 125, 164; 1971 c. 270 ss. 98, 104; 1971 c. 307, 321; 1973 c. 90, 156, 243, 333; 1975 c. 28; 1975 c. 39 ss. 236c to 247, 735 (5); 1975 Ex. Order No. 24; 1975 c. 189, 199, 224, 422; 1977 c. 29 ss. 399g to 406d, 1649, 1650m, 1654 (8) (e), 1656 (43); 1977 c. 44; 1977 c. 187 ss. 29, 30, 31, 135; 1977 c. 196 ss. 74 to 76m, 131; 1977 c. 203, 272, 277, 418, 447, 449; Sup. Ct. Order, 88 Wis. 2d xiii (1979); 1979 c. 32 s. 92 (1); 1979 c. 34, 89, 189; 1979 c. 221 ss. 201m to 218, 2202 (13); 1979 c. 361; 1981 c. 20 ss. 587 to 592g, 2202 (33) (b), (c), (56) (a); 1981 c. 96 ss. 16, 67; 1981 c. 121, 127, 347, 353; 1981 c. 390 s. 252; 1983 a. 27, 46, 121, 192, 371, 378; 1985 a. 18, 23; 1985 a. 29 ss. 603 to 607, 3202 (22) (a); 1985 a. 34, 332; 1987 a. 6, 27, 82, 119, 306, 340, 354, 399, 403; 1989 a. 31, 56, 107, 208, 219, 336; 1991 a. 39, 269; 1993 a. 12, 16, 75, 123, 144, 184, 294, 349, 399, 490; 1995 a. 27 ss. 1193 to 1217m, 9130 (4), 9216 (19); 1995 a. 37, 216, 225; 1997 a. 2, 3, 27, 29, 41, 194, 237; 1999 a. 9, 42, 102, 186; 2001 a. 16, 19, 29, 109; 2003 a. 33 ss. 721 to 735m, 9160; 2003 a. 91, 320; 2005 a. 25; 2007 a. 1; 2007 a. 20 ss. 616 to 630, 9121 (6) (a); 2007 a. 196; 2009 a. 28, 180.

20.923 - ANNOT.

The salary cap provisions of sub. (15) (b) do not apply to judicial salaries. Moran v. Department of Administration, 230 Wis. 2d 103, 603 N.W.2d 234 (Ct. App. 1999), 98-3008.