House of Representatives

HB 2603

performance based personnel system

Sponsors: Representatives Weiers, Allen, Jarret et al

DP	Committee on Retirement & Government Operation
DPA	Caucus and COW
X	As Passed the House

HB 2603 establishes the Performance Based Personnel System.

Provisions

· Exempts all employees hired by state agencies beginning on October 1, 2001 from the Personnel Administration (classified positions) and the Personnel Board or any rules adopted pursuant to those articles (5 and 6).

· Allows employees in classified positions to remain classified if they were hired before October 1, 2001 as long as they remain in classified positions.

· Allows employees in classified positions to irrevocably elect to convert to exempt employee status and relinquish any protections under or rules pursuant to articles 5 and 6.

· Specifies that any employee, beginning on October 1, 2001, who accepts a promotion, is irrevocably converted to exempt employee status and relinquishes any protections under or rules pursuant to articles 5 and 6.

· States that all vacant positions or newly established positions are exempt positions.

· Specifies that any employee who moves on a temporary or permanent basis from a classified position to an exempt position is irrevocably converted to an exempt employee and relinquishes any protections under or rules pursuant to articles 5 and 6.

· Requires state agencies to recruit and screen applicants for job vacancies and develop and administer appropriate job applicant screening procedures.

· Requires the director of the Department of Administration (DOA) to:

1) Develop and validate applicant screening procedures used by state agencies, on request.

2) Develop and maintain a common employment application form that may be supplemented by state agencies.

3) Serve as central contact point for applicants to receive applications, provide information to applicants, refer applicants to state agencies and make applications available to state agencies for review and consideration.

4) Make employment related training available to state agencies.

5) Provide technical support and assistance to state agencies.

6) Evaluate and submit a written report on the implementation and operation of the Performance Based Personnel System to the Legislature, the Governor, the Secretary of State and Library Archives by October 1 of each year.

· Allows state agency directors to authorize the use of unbudgeted vacancy savings to grant merit pay raises to exempt personnel, if the director certifies that the action does not and will not result in the need for an increased appropriation.

· States that merit pay raises may be up to the lesser of a 10% increase or the competitive market amount as determined by DOA and made annually.

· Prohibits classified personnel from receiving merit pay raises pursuant to this section, unless as a condition of receipt, the position irrevocably is converted to an exempt position with the written agreement of the employee.

· Provides a purpose statement regarding the Performance Based Personnel System.

· Makes technical and conforming changes.

HB 2603 passed the Retirement and Government Operations Committee unamended.

HB 2603 was amended in the Committee of the Whole as follows:

· Reduces the scope of this Personnel Reform legislation to upper level agency positions while expanding in statute these upper level positions to exempt status personnel.

· Requires each agency, by December 1 of each year, to list all positions that meet the exempt criteria and provide an organizational chart to DOA that shows each exempt position relative to other positions in the agency.

· DOA is required to approve or disapprove the designation of these exempt positions, if DOA determines exempt status those positions remain exempt. Current classified positions that become exempt status will become exempt after October 1, 2001 or upon vacancy, whichever occurs later.

· Allows state agencies to use unbudgeted vacancy savings to grant salary increases to retain any personnel receiving employment offers from an entity other than the state in an amount necessary to meet the salary offer, if it’s within the range of pay and the increase doesn’t result in a need for an increased appropriation.

· Eliminates mobility assignments.

· Relief for suspension of more than 40 hrs is not an appealable action. This would leave dismissal or demotion resulting from disciplinary action the appealable actions.

· Limits personnel board hearings to 8-hours, except upon petition for additional time with evidence supporting the petition.

· Removes term “excessive” when the personnel board may modify the disciplinary penalty chosen by an agency. This would allow the board to modify agency disciplinary penalties for reasons that are arbitrary, capricious or otherwise contrary to law only.

· Makes numerous technical and conforming changes.

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· 45th Legislature

· First Regular Session 3 March 20, 2001

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