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S1441.......................................by COMMERCE AND HUMAN RESOURCES EMPLOYEES - ARBITRATION - Amends existing law to provide an arbitration option for appeals of certain proceedings by classified employees; to provide that arbitrations may not be appealed; to provide for selection of arbitrators; to provide that costs will be paid by the state; to provide for representation; and to provide procedures. 02/16 Senate intro - 1st rdg - to printing 02/17 Rpt prt - to Com/HuRes
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000 IN THE SENATE SENATE BILL NO. 1441 BY COMMERCE AND HUMAN RESOURCES COMMITTEE 1 AN ACT 2 RELATING TO DUE PROCESS PROCEEDINGS FOR CLASSIFIED EMPLOYEES; AMENDING SECTION 3 67-5316, IDAHO CODE, TO PROVIDE AN ARBITRATION OPTION FOR APPEALS OF CER- 4 TAIN EMPLOYEE PROCEEDINGS, TO PROVIDE THAT ARBITRATIONS MAY NOT BE 5 APPEALED, TO PROVIDE FOR SELECTION OF ARBITRATORS, TO PROVIDE THAT COSTS 6 WILL BE PAID BY THE STATE, TO PROVIDE FOR REPRESENTATION AND TO PROVIDE 7 PROCEDURES. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 67-5316, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 67-5316. APPEAL PROCEDURE. (1) Appeals shall be limited to the following: 12 (a) Any classified employee who has successfully completed the entrance 13 probationary period may, after completing the departmental due process 14 procedure, appeal a disciplinary dismissal, demotion or suspension. 15 (b) Any classified employee may, after completing the departmental prob- 16 lem solving procedure, appeal the failure of an appointing authority to 17 provide a right and/or benefit to which the employee is entitled by law. 18 (c) Any interested person may appeal any decision or action taken by 19 the administrator of the division of human resources or the staff of the 20 division of human resources in the performance of their official duties. 21 (d) Any interested person may appeal any other matters as may now or 22 later be assigned to the personnel commission by law. 23 (2) The decision or action of the appointing authority shall be final and 24 conclusive unless a classified employee files an appeal within thirty-five 25 (35) days after completing the departmental problem solving or due process 26 procedure concerning the actions referred to in subsection (1)(a), (b), (c) 27 and (d) of this section. A decision of the administrator shall be final and 28 conclusive as to any other interested person unless an appeal is filed within 29 thirty-five (35) days of written notice of that decision. 30 (3) (a) The commission shall assign the matter for hearing to a duly 31 appointed hearing officer, who may be a member of the commission. 32 (b) As an alternative to assignment by the commission to a hearing offi- 33 cer, a classified employee who has satisfied the conditions of subsection 34 (1)(a) of this section may appeal a decision affirming a disciplinary dis- 35 charge, demotion, or suspension by choosing to pursue arbitration. Arbi- 36 tration is final and binding. An employee who chooses arbitration waives 37 the right to appeal the decision of the arbitrator. Arbitrators shall be 38 chosen from a list of seven (7) qualified arbitrators obtained from a 39 nationally recognized arbitration association by the personnel commission. 40 The parties shall choose an arbitrator by agreeing to a certain arbitrator 41 on the list, or if the parties cannot agree, by process of elimination 42 where the parties alternatively reject candidate arbitrators until only 43 one (1) candidate arbitrator remains. Only one (1) list of seven (7) arbi- 2 1 trators shall be offered by the personnel commission and the arbitrator 2 for the appeal must be chosen from that list. Costs of arbitration shall 3 be paid by the state. An employee choosing arbitration may be represented 4 in that proceeding by anyone of their choice. 5 (4) Where the action in dispute was the discharge, demotion, or suspen- 6 sion, upon determination that proper cause did not in fact exist within the 7 definitions set forth in section 67-5309(n), Idaho Code, or that the action 8 was taken by reason of illegal discrimination, the commission, or thehearing 9 officer or arbitrator shall order the reinstatement of the employee in the 10 same position or a position of like status and pay, with or without loss of 11 pay for the period of discharge, demotion, or suspension, or may order such 12 other remedy as may be determined to be appropriate. In all other disputed 13 matters, the commission, and thehearing officer or arbitrator may order such 14 action as may be appropriate. 15 (5) Process and procedure under this act shall be as summary and simple 16 as reasonably may be. The hearing officer appointed by the commission or the 17 arbitrator chosen by the parties shall have the power to subpoena witnesses, 18 administer oaths, and examine such of the books and records of the parties to 19 a proceeding as relate to the questions in dispute. A verbatim record of the 20 proceedings at hearings before the commission, or ahearing officer or arbi- 21 trator shall be maintained either by electrical devices or by stenographic 22 means, as the commission, orhearing officer or arbitrator may direct, but if 23 any party to the action requests a stenographic record of the proceedings, the 24 record shall be done stenographically. The requesting party shall pay the 25 costs of transcribing the proceedings; provided, that in arbitrations, costs 26 shall be paid by the state. The district court, in and for the county in which 27 any proceedings before the Idaho personnel commission are held, shall have the 28 power to enforce by proper proceedings the attendance and testimony of wit- 29 nesses, and production and examination of books, papers, and records. 30 (6) If the parties reach an agreement in regard to the matters of dis- 31 pute, a memorandum of the agreement shall be filed with the commission and, if 32 approved by it, the memorandum shall be enforceable for all purposes. 33 (7) The hearing officer or arbitrator shall give written notice of the 34 time and place of hearing, either by personal service or by mail. Service by 35 mail shall be deemed complete when a copy of such notice is deposited in the 36 United States post office, with postage prepaid, addressed to a party's last 37 known address, as shown in the records and files of the commission. An affida- 38 vit of personal service shall be filed by the person making the same. 39 (8) The hearing officer to whom the matter has been assigned or the arbi- 40 trator chosen to decide the matter shall make such inquiry and investigations 41 as shall be deemed necessary. The hearings shall be held in such place as the 42 hearing officer or arbitrator may designate. The decision of the hearing offi- 43 cer or arbitrator, consisting of such findings of fact, conclusions of law and 44 orders as are necessary, together with the record of the proceedings, shall be 45 filed in the office of the Idaho personnel commission. A copy of the hearing 46 officer's or arbitrator's decision shall be immediately sent to the parties by 47 United States mail. The decision of the hearing officer or the arbitrator 48 shall be final and conclusive between the parties, unless a petition for 49 review is filed with the commission within thirty-five (35) days. The petition 50 for review shall specifically cite the alleged errors of fact or law made by 51 the hearing officer or the arbitrator. The decision of the arbitrator is final 52 and conclusive, and is not subject to review. 53 (9) Any party in interest may file in the district court for the county 54 in which any party to the proceedings resides, a certified copy of the final 55 decision of the hearing officer or arbitrator, which the district court shall 3 1 have the power to enforce by proper proceedings. 2 (10) Where the decision and order of the hearing officerarbitrator 3 directed the reinstatement of an employee, the employee shall be reinstated 4 upon receipt of a copy of the decision. unless a petition for review is filed.5 (11) Where the decision and order of the hearing officer directed the 6 reinstatement of an employee, the employee shall be reinstated upon receipt of 7 a copy of the decision unless a petition for review is filed.
STATEMENT OF PURPOSE RS09856C1 The purpose of this legislation is to give state employees and state agencies the opportunity to have an inexpensive and rapid way to resolve due process personnel procedures. This would help eliminate cumbersome and expensive court procedures. FISCAL NOTE No fiscal impact to the state General Fund. Savings by the Division of Human Resources (funded with dedicated funds) are possible if reductions in court costs outweigh the higher hourly rate paid to arbitrators. The Division of Human Resources currently spends $66,000 a year on hearing officers. These funds would instead pay for an arbitrator for employees choosing arbitration over the Personnel Commission/hearing officer process. Contact: Name: Warren Lundquist Phone: 343-1038 STATEMENT OF PURPOSE/FISCAL NOTE S 1441