HCS HB 1146 -- STATE PERSONNEL

The bill makes numerous changes to the state personnel law.  The
bill:

(1) Revises various personnel definitions and adds a definition
for a state equal employment opportunity officer;

(2) Increases the number of employees exempt from the Merit
System in each department.  In addition, each appointing
authority can exempt other employees up to 1% of the authorized
full-time equivalent employees under the authority;

(3) Expands the Personnel Advisory Board from 3 to 7 members.
One of the members must be a nonmanagement state employee, one
must be a management state employee, one must be the state equal
employment opportunity officer, and 4 must be members of the
public.  The state employee members cannot participate in
disciplinary proceedings arising from their own agency;

(4) Allows the Director of the Division of Personnel to develop
a classification plan and pay plan.  The director may group
management positions within a broad management class.
Currently, each department has its own subset of management
classes and a first level manager in one department is not
eligible for a similar or higher position in another department;

(5) Requires the Division of Personnel to comply with equal
opportunity law and to consult with the equal employment
opportunity officer on various employment activities;

(6) Permits the Director of the Division of Personnel to
authorize appointing authorities to establish job classes within
their department within limits and standards that have been
mutually developed;

(7) Allows departments to request authority from the board to
administer promotional exams.  The requirement that all such
examinations be prepared and validated by the Division of
Personnel has been deleted;

(8) Deletes an outdated provision which required that notices of
exams be published 2 weeks before the exam.  The board may waive
a requirement for competitive examinations for a class or a
position, if necessary to provide meaningful competition.
Appointing authorities may implement alternative promotional
procedures after obtaining board approval;

(9)  Allows the division to provide the names of the top 15
candidates or the top 15% of the candidate list, whichever is
greater.  When more than one position is being filled, the
director may provide the names of 5 additional candidates
("eligibles") for each vacancy.  Under current law, the Division
of Personnel provides the names of the top 10 candidates for a
position.  Under the bill, if the Division of Personnel is
unable to certify at least 10 eligible candidates, the
appointing authority may make a provisional appointment.  The
person appointed will serve the normal probationary period for
the position and may be made a regular employee without
examination;

(10) Permits state employees who are not covered by the state
personnel system, except employees of the departments of
Conservation and Highways and Transportation, employees of
elected officials, and the Highway Patrol, to transfer into a
merit agency and these employees may be reemployed by a merit
agency without a competitive examination;

(11) Reorients employee evaluations so that they are goal--
setting, self-improvement tools rather than disciplinary tools;

(12) Removes service ratings from the decision to lay off
employees, allowing managers to use "ability to do the remaining
work" as the primary determination. Under current law, service
rating scores (evaluations) are used to determine who will be
laid off; and

(13) Keeps the current employment appeals procedure unchanged
but authorizes the board to establish methods for alternative
dispute resolution.

HCS HB 1146 -- STATE PERSONNEL (Backer)

The substitute makes numerous changes to the state personnel law.

The substitute:

(1) Revises various personnel definitions and adds a definition
for a state equal employment opportunity officer;

(2) Increases the number of employees exempt from the Merit
System in each department.  In addition, each appointing
authority can exempt other employees up to 1% of the authorized
FTE;

(3) Expands the Personnel Advisory Board from 3 to 7 members.
One of the members must be a nonmanagement state employee, one
must be a management state employee, one must be the state equal
employment opportunity officer, and 4 must be members of the
public.  The state employee members cannot participate in
disciplinary proceedings arising from their own agency;

(4) Allows the Director of the Division of Personnel to develop a

classification plan and pay plan.  The director may group
management positions within a broad management class.
Currently, each department has its own subset of management
classes and a first level manager in one department is not
eligible for a similar or higher position in another department;

(5) Requires the Division of Personnel to comply with equal
opportunity law and to consult with the Equal Employment
Opportunity officer on various employment activities;

(6) Permits the Director of the Division of Personnel to
authorize appointing authorities to establish job classes within
their department within limits and standards that have been
mutually developed;

(7) Allows departments to request authority from the board to
administer promotional exams.  The requirement that all such
examinations be prepared and validated by the Division of
Personnel has been deleted;

(8) Deletes an outdated provision which required that notices of
exams be published 2 weeks before the exam.  The board may waive
a requirement for competitive examinations for a class or a
position, if necessary to provide meaningful competition.
Appointing authorities may implement alternative promotional
procedures after obtaining board approval;

(9)  Allows the division to provide the names of the top 15
candidates or the top 15 percent of the candidate list,
whichever is greater.  When more than one position is being
filled, the director may provide the names of 5 additional
candidates ("eligibles") for each vacancy.  Under current law,
the Division of Personnel provides the names of the top 10
candidates for a position.  Under the substitute, if the
Division of Personnel is unable to certify at least 10 eligible
candidates, the appointing authority may make a provisional
appointment.  The person appointed will serve the normal
probationary period for the position and may be made a regular
employee without examination;

(10) Permits state employees who are not covered by the state
personnel system, except employees of the departments of
Conservation and Highways and Transportation, employees of
elected officials and the Highway Patrol, to transfer into a
merit agency and these employees may be reemployed by a merit
agency without a competitive examination;

(11) Reorients employee evaluations so that they are goal--
setting, self improvement tools rather than disciplinary tools;

(12) Removes service ratings from the decision to lay off
employees, allowing managers to use "ability to do the remaining
work" as the primary determination. Under current law, service
rating scores (evaluations) are used to determine who will be
laid off; and

(13) Keeps the current employment appeals procedure unchanged
but authorizes the board to establish methods for alternative
dispute resolution.

FISCAL NOTE:  Estimated Net Cost to General Revenue Fund of
$7,243 in FY 97, $8,800 in FY 98, and $8,911 in FY 99.

HCS HB 1146 -- STATE PERSONNEL

SPONSOR:  Backer

COMMITTEE ACTION:  Voted "do pass" by the Committee on Science
Technology and Critical Issues by a vote of 11 to 3, 3 present.

The substitute makes numerous changes to the state personnel law.

The substitute:

(1) Revises various personnel definitions and adds a definition
for a state equal employment opportunity officer;

(2) Increases the number of employees exempt from the Merit
System in each department.  In addition, each "appointing
authority" can exempt other employees up to 1% of the authorized
FTE;

(3) Expands the Personnel Advisory Board from 3 to 7 members.
One of the members must be a nonmanagement state employee, one
must be a management state employee, one must be the state equal
employment opportunity officer, and 4 must be members of the
public.  The state employee members cannot participate in
disciplinary proceedings arising from their own agency;

(4) Allows the Director of the Division of Personnel to develop a

classification plan and pay plan.  The director may group
management positions within a broad management class.
Currently, each department has its own subset of management
classes and a first level manager in one department is not
eligible for a similar or higher position in another department;

(5) Requires the Division of Personnel to comply with equal
opportunity law and to consult with the Equal Employment
Opportunity officer on various employment activities;

(6) Permits the Director of the Division of Personnel to
authorize appointing authorities to establish job classes within
their department within limits and standards that have been
mutually developed;

(7) Allows departments to request authority from the board to
administer promotional exams.  The requirement that all such
examinations be prepared and validated by the Division of
Personnel has been deleted;

(8) Deletes an outdated provision which required that notices of
exams be published 2 weeks before the exam.  The board may waive
a requirement for competitive examinations for a class or a
position if necessary to provide meaningful competition.
Appointing authorities may implement alternative promotional
procedures after obtaining board approval;

(9)  Allows the division to provide the names of the top 15
candidates or the top 15 percent of the candidate list,
whichever is greater.  When more than one position is being
filled, the director may provide the names of 5 additional
candidates ("eligibles") for each vacancy.  Under current law,
the Division of Personnel provides the names of the top 10
candidates for a position.  Under the substitute, if the
Division of Personnel is unable to certify at least 10 eligible
candidates, the appointing authority may make a provisional
appointment.  The person appointed will serve the normal
probationary period for the position and may be made a regular
employee without examination;

(10) Permits state employees who are not covered by the state
personnel system, except employees of the departments of
Conservation and Highways and Transportation, employees of
elected officials and the Highway Patrol, to transfer into a
merit agency and these employees may be reemployed by a merit
agency without a competitive examination;

(11) Reorients employee evaluations so that they are goal--
setting, self improvement tools rather than disciplinary tools;

(12) Removes service ratings from the decision to lay off
employees, allowing managers to use "ability to do the remaining
work" as the primary determination. Under current law, service
rating scores (evaluations) are used to determine who will be
laid off; and

(13) Keeps the current employment appeals procedure unchanged
but authorizes the board to establish methods for alternative
dispute resolution.

FISCAL NOTE:  Estimated Net Cost to General Revenue Fund of
$7,243 in FY 97, $8,800 in FY 98, and $8,911 in FY 99.

PROPONENTS:  Supporters say that the bill improves agencies
ability to meet changing work force needs, creating a more
flexible and responsive system for agencies, their employees,
and applicants.  These changes would begin the process to enable
the development of a system that: (1) increases flexibility and
opportunity in the selection process; (2) streamlines and
simplifies the classification process; (3) provides a direction
of being more solution-driven instead of control-driven; and (4)
improves the overall composition and capacity of the Personnel
Advisory Board.

Testifying for the bill were Representative Backer; Roger
Wilson, Lt. Governor; Personnel Advisory Board; COMAP Efficient
Operations; Department of Social Services; and Office of
Administration/Division of Personnel.

OPPONENTS: There was no opposition voiced to the committee.

Michael Warrick, Research Analyst

HB 1146 -- State Personnel

Sponsor:  Backer

The bill makes numerous changes to the state personnel law.

These changes include providing exemptions for employees of
certain agencies from provisions related to establishment of
personnel administration systems based on merit; changing
reporting requirements of the Office of Administration to the
General Assembly concerning the state employee suggestion award
program; requiring the Division of Personnel to provide
consultation and expertise to all state agencies in the area of
personnel management; increasing the number of members on the
state Personnel Advisory Board from 3 to 7; changing
qualifications of the members and the procedures for operation
by the Personnel Advisory Board; and changing various provisions
related to the state employee classification plan.