2001 Legislation
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SENATE BILL NO. 1084 – State employees, appeals, represent

SENATE BILL NO. 1084

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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

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                                       IN 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 this act chapter 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 / Fiscal Impact



  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