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S1084.......................................by COMMERCE AND HUMAN RESOURCES STATE EMPLOYEES - APPEALS - Amends existing law to provide that a classified employee shall be entitled to be represented by a person of the employee's own choosing during the appeal procedure; and to provide that a classified employee shall be entitled to be represented by a person of the employee's own choosing during the petition for review procedure. 02/07 Senate intro - 1st rdg - to printing 02/08 Rpt prt - to Com/HuRes
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE SENATE SENATE BILL NO. 1084 BY COMMERCE AND HUMAN RESOURCES COMMITTEE 1 AN ACT 2 RELATING TO THE STATE PERSONNEL SYSTEM; AMENDING SECTION 67-5316, IDAHO CODE, 3 TO PROVIDE THAT A CLASSIFIED EMPLOYEE SHALL BE ENTITLED TO BE REPRESENTED 4 BY A PERSON OF THE EMPLOYEE'S OWN CHOOSING DURING THE APPEAL PROCEDURE AND 5 TO MAKE A TECHNICAL CORRECTION; AND AMENDING SECTION 67-5317, IDAHO CODE, 6 TO PROVIDE THAT A CLASSIFIED EMPLOYEE SHALL BE ENTITLED TO BE REPRESENTED 7 BY A PERSON OF THE EMPLOYEE'S OWN CHOOSING DURING THE PETITION FOR REVIEW 8 PROCEDURE. 9 Be It Enacted by the Legislature of the State of Idaho: 10 SECTION 1. That Section 67-5316, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 67-5316. APPEAL PROCEDURE. (1) Appeals shall be limited to the following: 13 (a) Any classified employee who has successfully completed the entrance 14 probationary period may, after completing the departmental due process 15 procedure, appeal a disciplinary dismissal, demotion or suspension. 16 (b) Any classified employee may, after completing the departmental prob- 17 lem solving procedure, appeal the failure of an appointing authority to 18 provide a right and/or benefit to which the employee is entitled by law. 19 (c) Any interested person may appeal any decision or action taken by 20 the administrator of the division of human resources or the staff of the 21 division of human resources in the performance of their official duties. 22 (d) Any interested person may appeal any other matters as may now or 23 later be assigned to the personnel commission by law. 24 (2) The decision or action of the appointing authority shall be final and 25 conclusive unless a classified employee files an appeal within thirty-five 26 (35) days after completing the departmental problem solving or due process 27 procedure concerning the actions referred to in subsection (1)(a), (b), (c) 28 and (d) of this section. A decision of the administrator shall be final and 29 conclusive as to any other interested person unless an appeal is filed within 30 thirty-five (35) days of written notice of that decision. 31 (3) The commission shall assign the matter for hearing to a duly 32 appointed hearing officer, who may be a member of the commission. 33 (4) Where the action in dispute was the discharge, demotion, or suspen- 34 sion, upon determination that proper cause did not in fact exist within the 35 definitions set forth in section 67-5309(n), Idaho Code, or that the action 36 was taken by reason of illegal discrimination, the commission or the hearing 37 officer shall order the reinstatement of the employee in the same position or 38 a position of like status and pay, with or without loss of pay for the period 39 of discharge, demotion, or suspension, or may order such other remedy as may 40 be determined to be appropriate. In all other disputed matters, the commission 41 and the hearing officer may order such action as may be appropriate. 42 (5) Process and procedure under thisactchapter shall be as summary and 43 simple as reasonably may be. A classified employee shall be entitled to be 2 1 represented by a person of the employee's own choosing during the appeal pro- 2 cedure. The hearing officer appointed by the commission shall have the power 3 to subpoena witnesses, administer oaths, and examine such of the books and 4 records of the parties to a proceeding as relate to the questions in dispute. 5 A verbatim record of the proceedings at hearings before the commission or a 6 hearing officer shall be maintained either by electrical devices or by steno- 7 graphic means, as the commission or hearing officer may direct, but if any 8 party to the action requests a stenographic record of the proceedings, the 9 record shall be done stenographically. The requesting party shall pay the 10 costs of transcribing the proceedings. 11 The district court, in and for the county in which any proceedings before 12 the Idaho personnel commission are held, shall have the power to enforce by 13 proper proceedings the attendance and testimony of witnesses, and production 14 and examination of books, papers, and records. 15 (6) If the parties reach an agreement in regard to the matters of dis- 16 pute, a memorandum of the agreement shall be filed with the commission and, if 17 approved by it, the memorandum shall be enforceable for all purposes. 18 (7) The hearing officer shall give written notice of the time and place 19 of hearing, either by personal service or by mail. Service by mail shall be 20 deemed complete when a copy of such notice is deposited in the United States 21 post office, with postage prepaid, addressed to a party's last known address, 22 as shown in the records and files of the commission. An affidavit of personal 23 service shall be filed by the person making the same. 24 (8) The hearing officer to whom the matter has been assigned shall make 25 such inquiry and investigations as shall be deemed necessary. The hearings 26 shall be held in such place as the hearing officer may designate. The decision 27 of the hearing officer, consisting of such findings of fact, conclusions of 28 law and orders as are necessary, together with the record of the proceedings, 29 shall be filed in the office of the Idaho personnel commission. A copy of the 30 hearing officer's decision shall be immediately sent to the parties by United 31 States mail. The decision of the hearing officer shall be final and conclusive 32 between the parties, unless a petition for review is filed with the commission 33 within thirty-five (35) days. The petition for review shall specifically cite 34 the alleged errors of fact or law made by the hearing officer. 35 (9) Any party in interest may file in the district court for the county 36 in which any party to the proceedings resides, a certified copy of the final 37 decision of the hearing officer, which the district court shall have the power 38 to enforce by proper proceedings. 39 (10) Where the decision and order of the hearing officer directed the 40 reinstatement of an employee, the employee shall be reinstated upon receipt of 41 a copy of the decision unless a petition for review is filed. 42 SECTION 2. That Section 67-5317, Idaho Code, be, and the same is hereby 43 amended to read as follows: 44 67-5317. PETITION FOR REVIEW PROCEDURE. (1) If a petition for review is 45 filed, the personnel commission shall review the record of the proceeding 46 before the hearing officer, briefs submitted in accordance with any briefing 47 schedule it orders, and any transcripts submitted of the hearing below. A 48 classified employee shall be entitled to be represented by a person of the 49 employee's own choosing during the petition for review procedure. The commis- 50 sion may grant the parties the opportunity to present oral argument, but need 51 not do so if the record clearly shows that the commission or the hearing offi- 52 cer lacks jurisdiction over the appeal or petition for review. The personnel 53 commission may affirm, reverse or modify the decision of the hearing officer, 3 1 may remand the matter, or may dismiss it for lack of jurisdiction. 2 (2) Any party in interest may file in the district court for the county 3 in which any party to the proceedings resides, a certified copy of the deci- 4 sion of the commission, which the district court shall have the power to 5 enforce by proper proceedings. 6 (3) A decision of the commission shall be final and conclusive between 7 the parties, unless within forty-two (42) days of the filing of such decision 8 either party appeals to the district court. Where the decision of the person- 9 nel commission directed the reinstatement of an employee, the employee shall 10 be reinstated upon receipt of a copy of the decision unless a stay of the 11 order be granted by the district court upon proper petition.
STATEMENT OF PURPOSE RS RS10719 The purpose of this legislation is to provide a fair and just opportunity for an employee to receive a fair and impartial hearing if they so desire between the employee and employer in any dispute. FISCAL IMPACT There is no fiscal impact to the General Fund. Contact Name: Sen. Lin Whitworth Phone: 332-1351 STATEMENT OF PURPOSE/FISCAL NOTE S 1084