04/30/2002 03:40 PM Senate STA

                                                                                                                                
            HB 458-STATE EMPLOYEE PROBATIONARY PERIOD                                                                       
                                                                                                                                
MELANIE LESH,  Aide to Representative  Bill Hudson, sponsor  of HB
, said HB 458  was a change to the state  personnel statutes in                                                              
AS 39.25.150.   It would allow  for the extension  of probationary                                                              
periods that are currently limited  to 12 months when an agreement                                                              
has been collectively bargained.                                                                                                
                                                                                                                                
CHAIRMAN  THERRIAULT  asked  if she  heard  anything  in  previous                                                              
testimony  on HB  458  that would  indicate  why the  probationary                                                              
period was  set at  12 months  and the  flexibility was  not built                                                              
into the law.                                                                                                                   
                                                                                                                                
MS. LESH  said Dave Stewart,  Personnel Manager at  the Department                                                              
of  Administration, talked  about  the Police  Standards  Council,                                                              
which has  a 14-month  probationary  period.   She said there  was                                                              
also a court case that suggested  that the Legislature look at the                                                              
statutory  limitation  because it  doesn't  allow for  exceptions.                                                              
For instance, she  said if someone in the  police-training program                                                              
were injured,  they would  have to  be let  go after the  12-month                                                              
probationary  period because  they  would  automatically become  a                                                              
permanent employee.                                                                                                             
                                                                                                                                
SENATOR PHILLIPS asked what case that was.                                                                                      
                                                                                                                                
MS. LESH  said the court  case did  not involve police  standards.                                                              
The case was Baseden vs. State of Alaska.                                                                                       
                                                                                                                                
SENATOR PHILLIPS asked if the case was in Juneau or Anchorage.                                                                  
                                                                                                                                
MS. LESH believed  the case had initiated  in Juneau.   She said a                                                              
person  was told  by  the  State they  would  like  to extend  his                                                              
probationary period  and he was given  advice by the  Alaska State                                                              
Employees  Association  that  he   was  a  probationary  employee.                                                              
However, he was automatically a permanent  employee because of the                                                              
statutory limitation.   He took a  course of action and  the court                                                              
ruled he  was a permanent employee  and other avenues  of recourse                                                              
were available.   She  said it  was confusion  over the  statutory                                                              
limit that put him and the State in that position.                                                                              
                                                                                                                                
CHAIRMAN  THERRIAULT  asked  if  there  were  any  questions  from                                                              
committee members.                                                                                                              
                                                                                                                                
SENATOR  PHILLIPS wondered  if the confusion  over state  statutes                                                              
was only when a lawyer made it that way.                                                                                        
                                                                                                                                
CHAIRMAN THERRIAULT  said eventually  the courts had  to interpret                                                              
the law.                                                                                                                        
                                                                                                                                
SENATOR  PHILLIPS wondered  how much  the case  cost the State  of                                                              
Alaska.                                                                                                                         
                                                                                                                                
MS. LESH didn't believe the case had been resolved.                                                                             
                                                                                                                                
SENATOR PHILLIPS said  in that case it would still  be using State                                                              
moneys.                                                                                                                         
                                                                                                                                
CHAIRMAN THERRIAULT  said, "The process of governing  ourselves as                                                              
a society  is expensive  and cumbersome."   He asked if  there was                                                              
any opposition to the bill.                                                                                                     
                                                                                                                                
MS.  LESH said  there had  not been  any.   She said  there was  a                                                              
question  in  the House  State  Affairs  Committee about  who  was                                                              
excluded.   She said the people  who were excluded were  those who                                                              
were  not  represented,  those  being  legislative  employees  and                                                              
appointees, who don't have probationary periods.                                                                                
                                                                                                                                
CHAIRMAN THERRIAULT  noted the zero fiscal  note.  He said  he had                                                              
not prepared a CS.  He asked if there  were any amendments.  There                                                              
were none.  He asked for the will of the committee.                                                                             
                                                                                                                                
SENATOR STEVENS  moved HB  458 from  committee with attached  zero                                                              
fiscal note and individual recommendations.                                                                                     
                                                                                                                                
There being  no objection,  HB 458 was  moved from committee  with                                                              
attached fiscal note and individual recommendations.