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S1295................................................by JUDICIARY AND RULES EMPLOYEES - CORRECTION DEPARTMENT - Amends existing law to provide that all employees of Correctional Industries within the Department of Correction shall be nonclassified employees within the state personnel system; to provide that all deputy administrators and wardens of the Department of Correction shall be nonclassified employees; and to provide definitions. 01/17 Senate intro - 1st rdg - to printing 01/18 Rpt prt - to Jud 01/22 Rpt out - ref'd to Com/HuRes 02/01 Rpt out - rec d/p - to 2nd rdg 02/04 2nd rdg - to 3rd rdg 02/07 3rd rdg - PASSED - 30-1-4 AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson, Burtenshaw, Cameron, Davis, Deide, Dunklin, Geddes, Goedde, Hill, Ingram, Ipsen, Keough, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Sims, Sorensen, Stegner, Stennett, Thorne(Thorne), Wheeler, Williams NAYS -- Schroeder Absent and excused -- Darrington, Frasure, Hawkins, King-Barrutia Floor Sponsor - Stegner Title apvd - to House 02/08 House intro - 1st rdg - to Jud 03/08 Rpt out - rec d/p - to 2nd rdg 03/11 2nd rdg - to 3rd rdg 03/12 3rd rdg - PASSED - 65-3-2 AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Black, Block, Boe, Bolz, Bruneel, Callister, Campbell, Clark, Collins, Crow, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck, Jaquet, Jones, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher, Mader, Martinez, McKague, Meyer, Montgomery, Mortensen, Moyle, Pearce, Pomeroy, Raybould, Roberts, Robison, Sali, Sellman, Shepherd, Smith(33), Smith(23), Smylie, Stevenson, Stone, Tilman, Trail, Wheeler, Young, Mr. Speaker NAYS -- Ridinger, Schaefer, Wood Absent and excused -- Bradford, Pischner Floor Sponsor - Montgomery Title apvd - to Senate 03/13 To enrol Rpt enrol - Pres signed 03/14 Sp signed - to Governor 03/21 Governor signed Session Law Chapter 192 Effective: 03/21/02
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE SENATE SENATE BILL NO. 1295 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO NONCLASSIFIED EMPLOYEES; AMENDING SECTION 67-5303, IDAHO CODE, TO 3 PROVIDE THAT ALL EMPLOYEES OF CORRECTIONAL INDUSTRIES WITHIN THE DEPART- 4 MENT OF CORRECTION SHALL BE NONCLASSIFIED EMPLOYEES, TO PROVIDE THAT ALL 5 DEPUTY ADMINISTRATORS AND WARDENS OF THE DEPARTMENT OF CORRECTION 6 EMPLOYED BY THE DEPARTMENT OF CORRECTION SHALL BE NONCLASSIFIED EMPLOYEES 7 AND TO DEFINE DEPUTY ADMINISTRATORS; AND DECLARING AN EMERGENCY. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 67-5303, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 67-5303. APPLICATION TO STATE EMPLOYEES. All departments of the state of 12 Idaho and all employees in such departments, except those employees specifi- 13 cally defined as nonclassified, shall be classified employees, who are subject 14 to this chapter and to the system of personnel administration which it pre- 15 scribes. Nonclassified employees shall be: 16 (a) Members of the state legislature and all other officers of the state 17 of Idaho elected by popular vote, and persons appointed to fill vacancies in 18 elective offices, and employees of the state legislature. 19 (b) Members of statutory boards and commissions and heads of departments 20 appointed by and serving at the pleasure of the governor, deputy directors 21 appointed by the director and members of advisory boards and councils 22 appointed by the departments. 23 (c) All employees and officers in the office, and at the residence, of 24 the governor; and all employees and officers in the offices of the lieutenant 25 governor, secretary of state, attorney general, state treasurer, state con- 26 troller, and state superintendent of public instruction who are appointed on 27 and after the effective date of this chapter. 28 (d) Except as otherwise provided by law, not more than one (1) declared 29 position for each board or commission and/or head of a participating depart- 30 ment in addition to those declared to be nonclassified by other provisions of 31 law. 32 (e) Part-time professional consultants who are paid on a fee basis for 33 any form of legal, medical or other professional service, and who are not 34 engaged in the performance of administrative duties for the state. 35 (f) Judges, temporary referees, receivers and jurors. 36 (g) All employees of the Idaho supreme court and district courts. 37 (h) All employees of the Idaho state bar. 38 (i) Assistant attorneys general attached to the office of the attorney 39 general. 40 (j) Officers, members of the teaching staffs of state educational insti- 41 tutions, the professional staff of the Idaho department of education adminis- 42 tered by the board of regents and the board of education, and the professional 43 staffs of the Idaho division of professional-technical education and voca- 2 1 tional rehabilitation administered by the state board for professional- 2 technical education. "Teaching staff" includes teachers, coaches, resident 3 directors, librarians and those principally engaged in academic research. The 4 word "officer" means presidents, vice presidents, deans, directors, or 5 employees in positions designated by the state board who receive an annual 6 salary of not less than step "A" of the pay grade equivalent to three hundred 7 fifty-five (355) Hay points in the state compensation schedule. A nonclassi- 8 fied employee who is designated as an "officer" on July 5, 1991, but does not 9 meet the requirements of this subsection, may make a one (1) time irrevocable 10 election to remain nonclassified. Such an election must be made not later than 11 August 2, 1991. When such positions become vacant, these positions will be 12 reviewed and designated as either classified or nonclassified in accordance 13 with this subsection. 14 (k) Employees of the military division. 15 (l) Patients, inmates or students employed in a state institution. 16 (m) Persons employed in positions established under federal grants, 17 which, by law, restrict employment eligibility to specific individuals or 18 groups on the basis of nonmerit selection requirements. Such employees shall 19 be termed "project exempt" and the tenure of their employment shall be limited 20 to the length of the project grant, or twenty-four (24) months, or four thou- 21 sand one hundred sixty (4,160) hours of credited state service, whichever is 22 of the shortest duration. No person hired on a project-exempt appointment 23 shall be employed in any position allocated to the classified service. 24 (n) Temporary employees. 25 (o) All employees and officers of the following named commodity commis- 26 sions, and all employees and officers of any commodity commission created 27 hereafter: the Idaho potato commission, as provided in chapter 12, title 22, 28 Idaho Code; the Idaho honey advertising commission, as provided in chapter 28, 29 title 22, Idaho Code; the Idaho bean commission, as provided in chapter 29, 30 title 22, Idaho Code; the Idaho prune commission, as provided in chapter 30, 31 title 22, Idaho Code; the Idaho hop grower's commission, as provided in chap- 32 ter 31, title 22, Idaho Code; the Idaho wheat commission, as provided in chap- 33 ter 33, title 22, Idaho Code; the Idaho pea and lentil commission, as provided 34 in chapter 35, title 22, Idaho Code; the Idaho apple commission, as provided 35 in chapter 36, title 22, Idaho Code; the Idaho cherry commission, as provided 36 in chapter 37, title 22, Idaho Code; the Idaho mint grower's commission, as 37 provided in chapter 38, title 22, Idaho Code; the state board of sheep commis- 38 sioners, as provided in chapter 1, title 25, Idaho Code; the state brand 39 inspector, and all district supervisors, as provided in chapter 11, title 25, 40 Idaho Code; the Idaho beef council, as provided in chapter 29, title 25, Idaho 41 Code; and the Idaho dairy products commission, as provided in chapter 31, 42 title 25, Idaho Code. 43 (p) All inspectors of the fresh fruit and vegetable inspection service of 44 the Idaho department of agriculture, except those positions involved in the 45 management of the program. 46 (q) All employees ofthe division ofcorrectional industries within the 47 department of correction. 48 (r) All deputy administrators and wardens employed by the department of 49 correction. Deputy administrators are defined as only the six (6) deputy 50 administrators working directly for the two (2) nonclassified division admin- 51 istrators under the director of the department of correction. 52 (s) All public information positions with the exception of secretarial 53 positions, in any department. 54 (t) Any division administrator. 55 (u) Any regional administrator or division administrator in the depart- 3 1 ment of environmental quality. 2 (v) All employees of the division of financial management. 3 (w) All employees of the Idaho food quality assurance institute. 4 (x) The state appellate public defender, deputy state appellate public 5 defenders and all other employees of the office of the state appellate public 6 defender. 7 (y) All quality assurance specialists or medical investigators of the 8 Idaho board of medicine. 9 SECTION 2. An emergency existing therefor, which emergency is hereby 10 declared to exist, this act shall be in full force and effect on and after its 11 passage and approval.
STATEMENT OF PURPOSE RS 11569C1 The Idaho Department of Correction is submitting this request for legislation to modify Idaho Code 67-5303 to add Deputy Administrators to the specified list of Department of Correction nonclassified positions. The current text in subparagraph 67-5303 ( r ) identifies only wardens in the Dept. of Correction for nonclassified employment status. The legislation will continue to include wardens, but also include deputy administrators. The Director, Department of Correction, is reorganizing the Department with the designed intent to flatten central office management structure. This flattening of management accomplishes three very important goals by: 1)decentralizing management out to field units, 2) reinforcing performance accountability by managers and supervisors, especially senior leadership, and 3) reducing the number of senior level positions, in turn saving personnel costs. In addition to this subparagraph change, the Department also requests legislation to change subparagraph 67-5303 ( q ) to remove the word division from before Correctional Industries. Under the current organizational structure, Correctional Industries is not a division, and its designation can change from time to time, which points out that the word division in statute is not relevant. The Department of Correction appreciates your tavorable consideration of this two-part legislative request to Idaho Code 67-5303. The Director feels strongly that senior level administrators potentially perform to their highest capability when they are subject to the higher accountability that exists when they are nonclassified employees of the State of Idaho. FISCAL IMPACT This legislation requires no increase in personnel budget funding for the Department of Correction. The nonclassified deputy administrators will fall within the same salary structure that they currently do as classified deputy administrators. As such, the change contains zero cost impact to this legislation. In fact, in the overall reorganization structure for the Department of Correction, authorizing the six deputy administrators as nonclassified positions will save both the State and the Department long term personnel costs. The reason is based in the fact that Correction reorganized down to two divisions, with an administrator over each division. There are then six deputy administrators reporting to these two administrators. The deputies are assigned to manage various Departmental operations and support areas. This new organizational structure reduced the total number of administrators from five to two, in turn reducing the overall salary structure for senior leadership. Since there is no increase in personnel costs resulting from this legislation, there are also no additional operating expenses or capital outlay costs connected with the proposed change. In summary, there is zero (increased) fiscal impact to this legislation for adding deputy administrators as nonclassified employees in the Department of Correction. Contact Name: Jon M. Sowers Idaho Department of Correction 1299 N. Orchard St. Boise, ID 83706 Phone: (208) 658-2021 STATEMENT OF PURPOSE/FISCAL NOTE S 1295