2004 Legislation
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SENATE BILL NO. 1335 – Employee problem solving

SENATE BILL NO. 1335

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Bill Status



S1335.......................................by COMMERCE AND HUMAN RESOURCES
EMPLOYEE PROBLEM SOLVING - Adds to and amends existing law relating to
employee problem solving; to reference a panel for initial hearing in the
problem solving process; to provide for an initial review; to require a
rule governing a three member problem solving impartial review panel; and
to specify the panel hearing process.
                                                                        
02/16    Senate intro - 1st rdg - to printing
02/17    Rpt prt - to Com/HuRes

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1335
                                                                        
                         BY COMMERCE AND HUMAN RESOURCES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO EMPLOYEE PROBLEM SOLVING AND DUE PROCESS PROCEDURES; AMENDING SEC-
  3        TION 67-5315, IDAHO CODE, TO REFERENCE A PANEL FOR INITIAL HEARING IN  THE
  4        PROBLEM SOLVING PROCESS; AND AMENDING CHAPTER 53, TITLE 67, IDAHO CODE, BY
  5        THE ADDITION OF A NEW SECTION 67-5315A, IDAHO CODE, TO PROVIDE FOR AN INI-
  6        TIAL  REVIEW,  TO  REQUIRE A RULE GOVERNING A THREE MEMBER PROBLEM SOLVING
  7        IMPARTIAL REVIEW PANEL AND TO SPECIFY THE PANEL HEARING PROCESS.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION 1.  That Section 67-5315, Idaho Code, be, and the same  is  hereby
 10    amended to read as follows:
                                                                        
 11        67-5315.  ESTABLISHMENT  AND  ADOPTION OF EMPLOYEE PROBLEM SOLVING AND DUE
 12    PROCESS PROCEDURES. (1) Each participating department shall, on or before July
 13    1, 1999, establish and adopt an employee problem solving procedure within such
 14    department, which shall be reduced to writing and shall be in full  compliance
 15    with  the  provisions  of  the uniform problem solving procedure as adopted by
 16    rule by the administrator pursuant to subsection  (4)  of  this  section.  The
 17    department  problem  solving  procedure shall be approved by the administrator
 18    prior to implementation. A copy of the approved problem solving procedure plan
 19    shall be furnished and explained to each employee of the department concerned.
 20    No employee shall be disciplined or otherwise prejudiced in his employment for
 21    exercising his rights under the plan, and department heads shall encourage the
 22    use of the plan in the resolution of grievances arising in the course of  pub-
 23    lic  employment. A classified employee may file under the problem solving pro-
 24    cedure any matter, except that compensation shall not be deemed a proper  sub-
 25    ject  for  consideration  under  the  problem  solving  procedure except as it
 26    applies to alleged inequities within a particular agency  or  department,  and
 27    except for termination during the entrance probationary period, and except for
 28    those matters set forth in subsection (2) of this section.
 29        (2)  No  action  of  a participating department relating to a disciplinary
 30    dismissal, suspension or demotion, or an involuntary transfer shall be  effec-
 31    tive until the affected employee shall have received notice and an opportunity
 32    to  be  heard.  The employee may then appeal to the Idaho personnel commission
 33    those disciplinary matters set forth in section 67-5316(1)(a), Idaho Code.
 34        (3)  If the filing concerns a matter which is reviewable pursuant to  sec-
 35    tion 67-5316, Idaho Code, the time for appeal to the commission shall not com-
 36    mence  to  run  until the employee has completed the problem solving procedure
 37    provided by the department in accordance with the terms  thereof  or,  in  the
 38    case  of  disciplinary  actions  set  forth in subsection (2) of this section,
 39    until the disciplinary action becomes effective; provided, however, the  fail-
 40    ure of an employee to pursue the problem solving procedures established within
 41    the  department shall constitute a waiver of the employee's right of review by
 42    the commission.
 43        (4)  On or before July 1, 1999, the  division  of  human  resources  shall
                                                                        
                                           2
                                                                        
  1    adopt  a  rule defining uniform problem solving and due process procedures for
  2    use by all participating departments. With respect to the problem solving pro-
  3    cedure, the rule shall provide a complete procedure  for  all  stages  of  the
  4    process, including problem solving meetings with department representatives in
  5    the  employee's  chain  of  command. The rule shall guarantee the employee the
  6    right to a hearing before a panel of three (3) persons as provided in  section
  7    67-5315A,  Idaho    Code, at the initial phase of the problem solving process.
  8    With respect to the due process procedure, the rule  shall  provide  that  the
  9    employee  receive  notice and an opportunity to be heard before the department
 10    decides in favor of disciplinary action. The rule shall also provide for  time
 11    periods for each step of the procedures. The rule shall provide for the use of
 12    an  impartial mediator upon agreement between the agency and the employee. The
 13    employee shall be entitled to be represented by a person of the employee's own
 14    choosing at each step of the procedures, except the initial  informal  discus-
 15    sion  with  the immediate supervisor prior to filing under the problem solving
 16    procedure.
                                                                        
 17        SECTION 2.  That Chapter 53, Title 67, Idaho Code, be,  and  the  same  is
 18    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 19    ignated as Section 67-5315A, Idaho Code, and to read as follows:
                                                                        
 20        67-5315A.  INITIAL REVIEW -- RULE REQUIREMENTS -- PROBLEM  SOLVING  PANEL.
 21    (1)  Prior to filing for the problem solving process, an employee shall make a
 22    good faith effort to discuss the problem(s) with his immediate supervisor  and
 23    seek resolution at that level, if possible. Supervisors shall also make a good
 24    faith  effort to resolve problems with employees. If the initial discussion is
 25    not successful, within two (2) days the employee,  his  immediate  supervisor,
 26    and  the supervisor's supervisor shall meet to attempt to resolve the problem.
 27    If there is no resolution following this meeting, the employee  has  five  (5)
 28    days  within  which  to  file for a three (3) member problem solving impartial
 29    review panel hearing. It shall be the responsibility of the department to  set
 30    up the hearing in a timely manner.
 31        (2)  The  rule shall provide for a three (3) member problem solving impar-
 32    tial review panel before  a  mediator  is  involved.  The  division  of  human
 33    resources  shall  maintain  a  list  of  volunteers  drawn from throughout the
 34    departments of state government. Volunteers shall participate  in  a  training
 35    program  conducted  by  the  division addressing problem solving and impartial
 36    review procedures. Five (5) names shall be taken from the  top  of  the  list,
 37    excluding  anyone  employed by the department in which the employee works. The
 38    employee and supervisor shall each eliminate one (1) name  from  the  list  of
 39    five  (5). The three (3) remaining members shall be notified of the date, time
 40    and location of their meeting. They shall select their chairman. The  supervi-
 41    sor  and  the employee may each select a spokesman, who shall not be an attor-
 42    ney, to represent them at the meeting. Each party may call witnesses. The mem-
 43    bers of the panel shall be supplied with applicable department personnel poli-
 44    cies and may ask questions of any party appearing  before  the  panel.  Within
 45    seven  (7) days, the panel shall submit a written recommendation to the direc-
 46    tor of the department including findings of fact and a  recommendation  for  a
 47    solution.  Within  five  (5)  days  of  his receipt of the written report, the
 48    director shall issue his finding.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                             RS 14102

 The Purpose of this legislation is to improve the problem solving
procedure for Idaho's state employees.  The Problem Solving
Procedure has been established to give our state employee/employer
a vehicle for employee and employer to resolve conflicts and
problems that occur in the working environment.  Issues can usually
be resolved by an open, honest and timely discussion.  Supervisors
are expected to make a good faith effort to resolve problems with
the employees soon after they occur before they become bigger,
unmanageable problems.

This legislation would add to the Problem Solving procedure for 
State Employees by establishing the first three steps of that 
procedure, including the establishment of a Three Panel Impartial 
Review Problem Solving Panel as a third step in the process. It 
defines the panel and sets up the procedure for selecting panel
members and establishing their duties.


                               FISCAL IMPACT

None


Contact
Name: Vicki Patterson, Idaho Public Employees Association 
Phone: 321-7464
Senator John Andreason



STATEMENT OF PURPOSE/FISCAL NOTE                     S 1335