Proposed State Constitutional Amendments - Digest of Bills

Digest of Bills - 2004

PROPOSED STATE CONSTITUTIONAL AMENDMENTS

S.C.R. 04-005 State constitution - obsolete provisions - elimination. Submits to the voters of the state amendments eliminating obsolete provisions of the state constitution concerning:

● The state librarian;

● Deadlines to create the principal departments of state government;

● The terms of the initial members of the state board of land commissioners; and

● Residency requirements for voters.

H.C.R. 04-1005 State personnel system. Modifies the state personnel system in the following respects:

Merit principle

● Retains the merit principle and specifies that appointments and promotions in the state personnel system are to be made according to merit as ascertained by comparative assessments of qualifications.

● Eliminates reference to competitive tests to measure competence.

● In addition to other factors, specifies that appointments and promotions in the state personnel system are to be made without regard to sex or age, except as otherwise permitted by law.

Membership in the state personnel system

● Exempts from the state personnel system officers responsible for directly controlling significant segments of principal departments and employees in the offices of the heads of principal departments whose functions are confined to the office and whose duties are concerned only with the administration of the office, not to exceed 0.45% of the total number of certified state employees; and officers of educational institutions and departments.

Contracting for personnel services

● Repeals the provision allowing political subdivisions to contract with the state personnel board for personnel services when authorized by law.

Appointments in the state personnel system

● Repeals the "rule of 3" and provides for the determination by law of a limited number of qualified applicants, not to exceed 6, to be considered for appointment to a position in the state personnel system.

● Subjects any person who makes an appointment in violation of the state constitution to civil and criminal liability, as provided by law.

Residency requirement

● Requires all appointees to positions in the state personnel system to reside in the United States.

● Allows the general assembly to make exceptions to the requirement that appointees reside in the state.

● Repeals the residency requirement for applicants for positions in the state personnel system that do not require special education, training, or qualifications and that can be readily filled by state residents.

Appointing authorities

● Repeals provisions specifying the appointing authorities for certain employees.

Employment and discipline

● Modifies the provision allowing persons in the state personnel system to hold their positions during efficient service or until retirement age by specifying that certified employees in the state personnel system hold their positions during efficient service or performance until separation for retirement, resignation, or cause.

● Specifies that certified employees that have similar duties are to receive similar salaries, as provided by law, instead of requiring that employees be graded and compensated according to standards of efficient service that are the same for all employees having like duties.

● Eliminates some of the circumstances under which a certified employee may be dismissed, suspended, or disciplined, and specifies instead that certified employees are subject to discipline upon written findings of failure to perform, willful misconduct, or final conviction of a felony or other offense, as provided by law.

Temporary and probationary employment

● Specifies that no temporary employment or succession of temporary appointments shall exceed 9 months in a 12-month period, instead of 6 months.

● Allows temporary appointments for vacant permanent positions until an eligible list is established and a permanent appointment is made, as provided by law.

● Eliminates the authority of the state personnel board to establish probationary periods for initial appointments in the state personnel system and instead specifies that probationary periods are not to exceed 12 months.

Applicability

● Specifies that the modifications to the civil service amendment apply to employees in the state personnel system prior to, on, or after July 1, 2005.

State personnel board

● Repeals provisions concerning initial appointments to the state personnel board.

● Limits state personnel board members to 2 consecutive terms of office.

● Allows state officers and employees to serve on the state personnel board.

● Modifies the grounds for removal of members of the state personnel board consistent with the grounds for dismissing certified employees in the state personnel system.

Department of personnel and state personnel director

● Repeals the provision creating the department of personnel.

Board and director rule-making authority

● Limits the rule-making authority of the state personnel board relating to implementation of laws enacted pursuant to the civil service amendment to rules concerning grievance procedures, discipline, involuntary separations, appeals to the board, and the conduct of hearings.

● Authorizes the state personnel director to adopt rules to implement laws enacted pursuant to the civil service amendment concerning the administration of the state personnel system, and further authorizes the director, instead of the state personnel board, to adopt rules with regard to matters including, without limitation, appointments and promotions, standardization of positions, compensation, voluntary separations, and standards of performance.

● Allows the general assembly, by bill, to reallocate the rule-making authority of the board and the director as set forth in the state constitution.

Veterans' preference

● Allows the state to use numerical or nonnumerical methods for assessing qualifications of applicants for appointment or employment in its personnel system and specifies how the veterans' preference applies when either method is used.

● Modifies the calculation of the veterans' preference by using percentage points rather than a specified number of points and by adjusting an applicant's score rather than grade.

● Replaces the term "examination" with "assessments" to conform to modifications to the merit principle.

● Removes the restriction on the applicability of the veterans' preference to persons who served for training purposes.

NOTE: For the companion act associated with this concurrent resolution, see House Bill 04-1373.