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H0647.......................................by COMMERCE AND HUMAN RESOURCES
STATE PERSONNEL SYSTEM - Amends existing law relating to the state
personnel system to require the Division of Human Resources to adopt a rule
permitting problem solving through peer review.
02/10 House intro - 1st rdg - to printing
02/13 Rpt prt - to Com/HuRes
02/16 Rpt out - rec d/p - to 2nd rdg
02/17 2nd rdg - to 3rd rdg
02/23 3rd rdg - PASSED - 64-0-6
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bell,
Bilbao, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark,
Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge,
Field(18), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Kemp,
Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague,
Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence,
Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sayler, Schaefer,
Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24),
Smylie(Luker), Snodgrass, Stevenson, Trail, Wills, Mr. Speaker
NAYS -- None
Absent and excused -- Bedke, Black, Brackett, Field(23), Sali, Wood
Floor Sponsors - Garrett & Pasley-Stuart
Title apvd - to Senate
02/24 Senate intro - 1st rdg - to Com/HuRes
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 647
BY COMMERCE AND HUMAN RESOURCES COMMITTEE
1 AN ACT
2 RELATING TO THE STATE PERSONNEL SYSTEM; AMENDING SECTION 67-5315, IDAHO CODE,
3 TO REMOVE A DATE AND TO REQUIRE THE DIVISION OF HUMAN RESOURCES TO ADOPT A
4 RULE PERMITTING PROBLEM SOLVING THROUGH PEER REVIEW.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 67-5315, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 67-5315. ESTABLISHMENT AND ADOPTION OF EMPLOYEE PROBLEM SOLVING AND DUE
9 PROCESS PROCEDURES. (1) Each participating department shall, on or before July
10 1, 1999, establish and adopt an employee problem solving procedure within such
11 department, which shall be reduced to writing and shall be in full compliance
12 with the provisions of the uniform problem solving procedure as adopted by
13 rule by the administrator pursuant to subsection (4) of this section. The
14 department problem solving procedure shall be approved by the administrator
15 prior to implementation. A copy of the approved problem solving procedure plan
16 shall be furnished and explained to each employee of the department concerned.
17 No employee shall be disciplined or otherwise prejudiced in his employment for
18 exercising his rights under the plan, and department heads shall encourage the
19 use of the plan in the resolution of grievances arising in the course of pub-
20 lic employment. A classified employee may file under the problem solving pro-
21 cedure any matter, except that compensation shall not be deemed a proper sub-
22 ject for consideration under the problem solving procedure except as it
23 applies to alleged inequities within a particular agency or department, and
24 except for termination during the entrance probationary period, and except for
25 those matters set forth in subsection (2) of this section.
26 (2) No action of a participating department relating to a disciplinary
27 dismissal, suspension or demotion, or an involuntary transfer shall be effec-
28 tive until the affected employee shall have received notice and an opportunity
29 to be heard. The employee may then appeal to the Idaho personnel commission
30 those disciplinary matters set forth in section 67-5316(1)(a), Idaho Code.
31 (3) If the filing concerns a matter which is reviewable pursuant to sec-
32 tion 67-5316, Idaho Code, the time for appeal to the commission shall not com-
33 mence to run until the employee has completed the problem solving procedure
34 provided by the department in accordance with the terms thereof or, in the
35 case of disciplinary actions set forth in subsection (2) of this section,
36 until the disciplinary action becomes effective; provided, however, the fail-
37 ure of an employee to pursue the problem solving procedures established within
38 the department shall constitute a waiver of the employee's right of review by
39 the commission.
40 (4) On or before July 1, 1999, tThe division of human resources shall
41 adopt a rule defining uniform problem solving and due process procedures for
42 use by all participating departments. With respect to the problem solving pro-
43 cedure, the rule shall provide a complete procedure for all stages of the
2
1 process, including problem solving meetings with department representatives in
2 the employee's chain of command and provision for optional peer review of the
3 problem solving which may include review by persons not connected with the
4 particular department. The peer review process shall be advisory in nature.
5 With respect to the due process procedure, the rule shall provide that the
6 employee receive notice and an opportunity to be heard before the department
7 decides in favor of disciplinary action. The rule shall also provide for time
8 periods for each step of the procedures. The rule shall provide for the use of
9 an impartial mediator and/or peer review upon agreement between the agency and
10 the employee. The employee shall be entitled to be represented by a person of
11 the employee's own choosing at each step of the procedures, except the initial
12 informal discussion with the immediate supervisor prior to filing under the
13 problem solving procedure.
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STATEMENT OF PURPOSE
RS 15958C1
The intent of the legislation is to establish an optional
peer review process as part of the state employee problem solving
and due process procedures. The peer review process shall be
advisory in nature. The intent of the peer review process is to
help insure fairness and objectivity in the problem solving
procedures. Employee productivity tends to increase when
employees believe their conflicts are resolved in a respectful
and fair manner.
FISCAL NOTE
There will be no fiscal impact to the General Fund. To
implement the peer review process will require an additional full
time professional staff at the Division of Human Resources to
train, coordinate, and provide these conflict resolution services
at a cost of $68,000 of dedicated funds.
Contact
Name: Rep. Kathie Garrett
Phone: (208) 332-1000
Rep. Anne Pasley-Stuart
Andrew Hanhardt
Phone: (208) 343-1038
STATEMENT OF PURPOSE/FISCAL NOTE H 647