Administrative Rule Review Report  #AR10-027

Legislative Service Office

14-May-10

AGENCY: Department of Administration & Information-Human Resources Division.

DATE SUBMITTED: May 5, 2010.

SUBJECT: Chapter 12, Grievances and Appeals for Permanent Employees.

NATURE OF RULES:                        Legislative and procedural.

STATUTORY AUTHORITY:            W.S. 9-2-1022(a)(xi).

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO:  Apparently complete to date.  Notice of the proposed new rules was provided by the LSO as required by W.S. 28-9-103(d).  No comments have been received to date.

SUMMARY OF RULES:  The Department of Administration and Information, Human Resources Division, is statutorily charged with promulgating personnel rules for the executive branch, W.S. 9-2-1022(a)(xi).  These amendments are to the grievances and appeal procedures; chapters 1 through 11 were amended separated (Rule Review Report #AR09-044).  These amendments:

• Provide for a voluntary mediation program before a formal grievance hearing;

• Standardize the period to challenge an action at seven days, which was previously ten days in some circumstances;

• Prohibit ex parte communications between grievance committee members and parties;

• Require a grievance hearing within 45 days of the grievance committee's formation;

• Clarify that a personnel appeal hearing is available for an involuntary reappointment due to unsatisfactory work performance;

• Require a personnel hearing decision within 30 days of the close of evidence.

FINDINGS:  The rules appear to be within the scope of statutory authority and legislative intent.

STAFF RECOMMENDATION:  That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency.

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Gerald W. Laska

Staff Attorney

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Lynda G. Cook

Staff Attorney

GWL/