555.2 Remedies

The Personnel Commission has the authority to assess fees and costs for frivolous claims under the Whistleblower Law only if the case is resolved by a decision issued after a formal hearing, and not where the case is resolved by a summary motion. If the Legislature had intended the Personnel Commission to have the power to assess fees and costs for a frivolous action at any time during the proceeding, then the Legislature would have included in sec. 230.85(3)(b), Stats., a reference to that broad range of authority in sec. 814.025, Stats. Stanley v. DOC (Wis. Pers. Comm'n, 08/25/99). [Ed. Note: Sec. 230.85(3)(b), Stats., now provides that in order to find that a complaint is frivolous under the Whistleblower Law, the Equal Rights Division must find that sec. 802.05(2), Stats., has been violated.]