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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 - 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
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