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H0647.......................................by COMMERCE AND HUMAN RESOURCES STATE PERSONNEL SYSTEM - Amends existing law relating to the state personnel system to require the Division of Human Resources to adopt a rule permitting problem solving through peer review. 02/10 House intro - 1st rdg - to printing 02/13 Rpt prt - to Com/HuRes 02/16 Rpt out - rec d/p - to 2nd rdg 02/17 2nd rdg - to 3rd rdg 02/23 3rd rdg - PASSED - 64-0-6 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bell, Bilbao, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie(Luker), Snodgrass, Stevenson, Trail, Wills, Mr. Speaker NAYS -- None Absent and excused -- Bedke, Black, Brackett, Field(23), Sali, Wood Floor Sponsors - Garrett & Pasley-Stuart Title apvd - to Senate 02/24 Senate intro - 1st rdg - to Com/HuRes
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 647 BY COMMERCE AND HUMAN RESOURCES COMMITTEE 1 AN ACT 2 RELATING TO THE STATE PERSONNEL SYSTEM; AMENDING SECTION 67-5315, IDAHO CODE, 3 TO REMOVE A DATE AND TO REQUIRE THE DIVISION OF HUMAN RESOURCES TO ADOPT A 4 RULE PERMITTING PROBLEM SOLVING THROUGH PEER REVIEW. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 67-5315, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 67-5315. ESTABLISHMENT AND ADOPTION OF EMPLOYEE PROBLEM SOLVING AND DUE 9 PROCESS PROCEDURES. (1) Each participating department shall, on or before July 10 1, 1999, establish and adopt an employee problem solving procedure within such 11 department, which shall be reduced to writing and shall be in full compliance 12 with the provisions of the uniform problem solving procedure as adopted by 13 rule by the administrator pursuant to subsection (4) of this section. The 14 department problem solving procedure shall be approved by the administrator 15 prior to implementation. A copy of the approved problem solving procedure plan 16 shall be furnished and explained to each employee of the department concerned. 17 No employee shall be disciplined or otherwise prejudiced in his employment for 18 exercising his rights under the plan, and department heads shall encourage the 19 use of the plan in the resolution of grievances arising in the course of pub- 20 lic employment. A classified employee may file under the problem solving pro- 21 cedure any matter, except that compensation shall not be deemed a proper sub- 22 ject for consideration under the problem solving procedure except as it 23 applies to alleged inequities within a particular agency or department, and 24 except for termination during the entrance probationary period, and except for 25 those matters set forth in subsection (2) of this section. 26 (2) No action of a participating department relating to a disciplinary 27 dismissal, suspension or demotion, or an involuntary transfer shall be effec- 28 tive until the affected employee shall have received notice and an opportunity 29 to be heard. The employee may then appeal to the Idaho personnel commission 30 those disciplinary matters set forth in section 67-5316(1)(a), Idaho Code. 31 (3) If the filing concerns a matter which is reviewable pursuant to sec- 32 tion 67-5316, Idaho Code, the time for appeal to the commission shall not com- 33 mence to run until the employee has completed the problem solving procedure 34 provided by the department in accordance with the terms thereof or, in the 35 case of disciplinary actions set forth in subsection (2) of this section, 36 until the disciplinary action becomes effective; provided, however, the fail- 37 ure of an employee to pursue the problem solving procedures established within 38 the department shall constitute a waiver of the employee's right of review by 39 the commission. 40 (4)On or before July 1, 1999, tThe division of human resources shall 41 adopt a rule defining uniform problem solving and due process procedures for 42 use by all participating departments. With respect to the problem solving pro- 43 cedure, the rule shall provide a complete procedure for all stages of the 2 1 process, including problem solving meetings with department representatives in 2 the employee's chain of command and provision for optional peer review of the 3 problem solving which may include review by persons not connected with the 4 particular department. The peer review process shall be advisory in nature. 5 With respect to the due process procedure, the rule shall provide that the 6 employee receive notice and an opportunity to be heard before the department 7 decides in favor of disciplinary action. The rule shall also provide for time 8 periods for each step of the procedures. The rule shall provide for the use of 9 an impartial mediator and/or peer review upon agreement between the agency and 10 the employee. The employee shall be entitled to be represented by a person of 11 the employee's own choosing at each step of the procedures, except the initial 12 informal discussion with the immediate supervisor prior to filing under the 13 problem solving procedure.
REPRINT REPRINT REPRINT REPRINT STATEMENT OF PURPOSE RS 15958C1 The intent of the legislation is to establish an optional peer review process as part of the state employee problem solving and due process procedures. The peer review process shall be advisory in nature. The intent of the peer review process is to help insure fairness and objectivity in the problem solving procedures. Employee productivity tends to increase when employees believe their conflicts are resolved in a respectful and fair manner. FISCAL NOTE There will be no fiscal impact to the General Fund. To implement the peer review process will require an additional full time professional staff at the Division of Human Resources to train, coordinate, and provide these conflict resolution services at a cost of $68,000 of dedicated funds. Contact Name: Rep. Kathie Garrett Phone: (208) 332-1000 Rep. Anne Pasley-Stuart Andrew Hanhardt Phone: (208) 343-1038 STATEMENT OF PURPOSE/FISCAL NOTE H 647