HB 317: "An Act relating to recruitment, selection, appointment, and promotion of state employees and the duties of the Department of Administration concerning those and other related functions; and providing for an effective date."
00HOUSE BILL NO. 317 01 "An Act relating to recruitment, selection, appointment, and promotion of state 02 employees and the duties of the Department of Administration concerning those 03 and other related functions; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 39.25.080(a) is amended to read: 06 (a) State personnel records, including employment applications and 07 examination and other assessment materials, are confidential and are not open to 08 public inspection except as provided in this section. 09 * Sec. 2. AS 39.25.120(b) is amended to read: 10 (b) A person holding a position in the partially exempt service is not required 11 to complete an assessment [TAKE AN EXAMINATION OR QUALIFY OR EARN 12 A PLACE ON A REGISTER], and is not eligible for a hearing by the personnel board 13 in case of dismissal, demotion, or suspension. Positions in the partially exempt service 14 are specifically exempt from the rules established under AS 39.25.150(3) - (10), (12),
01 (13), and (16). 02 * Sec. 3. AS 39.25.150 is amended to read: 03 Sec. 39.25.150. Scope of the rules. The personnel rules must provide for 04 (1) the preparation, maintenance, and revision by the director of 05 personnel, subject to approval of the commissioner of administration and the personnel 06 board, of a position classification plan for all positions in the classified and partially 07 exempt services; the position classification plan shall include 08 (A) a grouping together of all positions into classes on the basis 09 of duties and responsibilities; 10 (B) an appropriate title, a description of the duties and 11 responsibilities, training and experience qualifications, and other necessary 12 specifications for each class of positions; 13 (2) the preparation, maintenance, revision and administration by the 14 director of personnel of a pay plan for all positions in the classified and partially 15 exempt services; the pay plan (A) shall be based upon the position classification plan; 16 (B) shall provide for fair and reasonable compensation for services rendered, and 17 reflect the principle of like pay for like work; (C) may be amended, approved, or 18 disapproved by the legislature in regular or special session; after the pay plan is in 19 effect, a salary or wage payment may not be made to a state employee covered by the 20 plan unless the payment is in accordance with this chapter and the rules adopted under 21 this chapter or unless the payment is in accordance with a valid agreement entered into 22 in accordance with AS 23.40; 23 (3) the use of employee selection methods, including open competitive 24 assessment devices [EXAMINATIONS], when appropriate, that will fairly evaluate 25 [TEST] the capacity and fitness of the person assessed [EXAMINED] to discharge the 26 duties of the position [CLASS] in which employment is sought; 27 (4) the formulation of a list [ESTABLISHMENT AND 28 MAINTENANCE OF ELIGIBLE LISTS] for appointment and promotion to a 29 position [PROVIDING THE NAMES OF ELIGIBLE CANDIDATES IN ORDER OF 30 THEIR RELATIVE PERFORMANCE IN THE EXAMINATIONS]; 31 (5) the procedure for filling positions [CERTIFYING ELIGIBLE
01 CANDIDATES]; the rule adopted under this paragraph may include procedures 02 providing a preference for certifying local residents when appropriate; 03 (6) promotions from within the state service when there are qualified 04 candidates in the state service; vacancies shall be filled by promotion whenever 05 practicable and in the best interest of the state service and promotion shall be by 06 competitive assessment [EXAMINATION] whenever possible; in considering 07 promotions, the applicants' qualifications, performance records, seniority, and conduct 08 shall be evaluated; 09 (7) a period of probation not to exceed one year before an appointment 10 to a position becomes permanent, except that a permanent employee receiving a 11 promotional appointment retains permanent status in the service and job class from 12 which appointed for the duration of the probationary period and may be demoted to 13 a former class without right of appeal, notwithstanding AS 39.25.170, but if the 14 employee is dismissed from the service the appeal rights under AS 39.25.170 apply; 15 (8) nonpermanent and emergency appointments to positions in the state 16 service in accordance with AS 39.25.195 - 39.25.200; 17 (9) provisional appointment without competitive assessment 18 [EXAMINATION] when the recruitment and assessment processes have not 19 identified qualified candidates in sufficient number [APPROPRIATE ELIGIBLE 20 LISTS ARE NOT AVAILABLE]; 21 (10) transfers from one department to another and from another merit 22 system jurisdiction to the state service; 23 (11) transfers from one area of the state to another; 24 (12) the reinstatement of a person who resigns in good standing; 25 (13) layoffs for reason of lack of money or work, abolition of positions, 26 or material changes in duties or organization; both performance and seniority records 27 shall be considered in the development of layoff orders; 28 (14) the development, maintenance, and use of employee performance 29 records; 30 (15) the establishment of disciplinary measures which may include 31 disciplinary suspension without pay;
01 (16) the procedures for review of disputed personnel actions, for 02 resolving employee and interagency grievances, and for resolving grievances of the 03 general public concerning the operation of the state personnel system; 04 (17) hours of work for all employees in the state service; 05 (18) methods and procedures covering overtime work and pay; 06 (19) the granting of employment preference rights, not within the area 07 of promotion, to a veteran or prisoner of war under AS 39.25.159; 08 (20) the employment of persons in permanent positions on a part-time 09 basis of 15 hours or more a week, including the employment of two persons to fill one 10 permanent full-time position; these employees shall be designated as permanent 11 part-time employees; 12 (21) the granting of employment preference to severely handicapped 13 persons; this includes the right to provisional appointment without competitive 14 assessment [EXAMINATION] for periods up to four months and the granting of 15 eligibility to a severely handicapped person provisionally appointed under the rules 16 who demonstrates ability to perform the job for permanent appointment without 17 competitive assessment [EXAMINATION]; provisional employment under this 18 paragraph may not exceed four months during a 12-month period; "severely 19 handicapped" as used in this paragraph means persons certified by the director of the 20 division of vocational rehabilitation to be severely handicapped; 21 (22) the establishment of programs facilitating the employment of 22 disadvantaged persons; 23 (23) the delegation, when feasible, of personnel responsibilities and 24 duties to the principal departments of the executive branch; 25 (24) the establishment of a transition period of up to 12 months for an 26 employee to be reappointed to a classified position if the employee's position is 27 withdrawn from the partially exempt or exempt service and placed in the classified 28 service; 29 (25) other rules and administrative regulations, not inconsistent with 30 this chapter, that are necessary for its enforcement. 31 * Sec. 4. AS 39.25.159(a) is amended to read:
01 (a) A veteran or prisoner of war who possesses the necessary qualifications for 02 a position or job classification applied for under this chapter is entitled to a preference 03 under this subsection. In an assessment using numerical ratings, points equal to 04 five percent of the points available from the assessment device or devices shall be 05 added to the passing score of a veteran, and 10 percent of the points available 06 from the assessment device or devices shall be added to the passing score of a 07 disabled veteran or prisoner of war. In an assessment not using numerical 08 ratings, consideration shall be afforded to a veteran; additionally, an opportunity 09 to interview for the position shall be afforded to a disabled veteran or 10 [EXAMINATION TO DETERMINE THE QUALIFICATION OF APPLICANTS FOR 11 THE CLASSIFIED SERVICE UNDER MERIT SYSTEM EXAMINATION, FIVE 12 POINTS SHALL BE ADDED TO THE PASSING GRADE OF A VETERAN, 10 13 POINTS SHALL BE ADDED TO THE PASSING GRADE OF A DISABLED 14 VETERAN, OR 10 POINTS SHALL BE ADDED TO THE PASSING GRADE OF] 15 a prisoner of war. A person may receive preference [POINTS] under only one of the 16 categories described in this subsection or in (c) of this section. A person may use the 17 preference without limitation when being considered for a position for which persons 18 who are not currently state employees are being considered. If the scope of 19 recruitment for a position [CONSIDERATION OF APPLICANTS] is limited to state 20 employees, preference [POINTS] under this subsection may not be counted. If a 21 position in the classified service is eliminated, employees shall be released in 22 accordance with rules adopted under AS 39.25.150(13) [THAT GIVE DUE EFFECT 23 TO ALL FACTORS]. In the case of a comparison of employees with equal 24 qualifications on the factors adopted under AS 39.25.150(13) [IF ALL JOB 25 QUALIFICATIONS ARE EQUAL], a veteran or prisoner of war shall be given 26 preference over a person who was not a veteran or prisoner of war, and the veteran or 27 prisoner of war shall be kept on the job. This subsection may not be interpreted to 28 amend the terms of a collective bargaining agreement. 29 * Sec. 5. AS 39.25.159(c) is amended to read: 30 (c) A member of the national guard who possesses the necessary qualifications 31 for a position or job classification applied for under this chapter is entitled to a
01 preference under this subsection. In an assessment using numerical ratings, points 02 equal to five percent of the points available from the assessment device or devices 03 shall be added to the passing score of a member of the national guard. In an 04 assessment not using numerical ratings, consideration shall be afforded to 05 [EXAMINATION TO DETERMINE THE QUALIFICATION OF APPLICANTS FOR 06 THE CLASSIFIED SERVICE UNDER MERIT SYSTEM EXAMINATION, FIVE 07 POINTS SHALL BE ADDED TO THE PASSING GRADE OF] a member of the 08 national guard. A person may use the preference without limitation when being 09 considered for a position for which persons who are not currently state employees are 10 being considered. If the scope of recruitment for a position [CONSIDERATION OF 11 APPLICANTS] is limited to state employees, preference [POINTS] under this 12 subsection may not be counted. If a position in the classified service is eliminated, 13 employees shall be released in accordance with rules adopted under AS 39.25.150(13) 14 [THAT GIVE DUE EFFECT TO ALL FACTORS]. In the case of a comparison of 15 employees with equal qualifications on the factors adopted under AS 39.25.150(13) 16 [IF ALL JOB QUALIFICATIONS ARE EQUAL], a member of the national guard 17 shall be given preference over a person who was not a veteran, prisoner of war, or a 18 member of the national guard. This subsection may not be interpreted to amend the 19 terms of a collective bargaining agreement. In this subsection, "member of the national 20 guard" means a person who is presently serving as a member of the Alaska National 21 Guard and who has at least eight years of service in the Alaska National Guard. 22 * Sec. 6. AS 39.25.159(d) is amended by adding a new paragraph to read: 23 (4) "consideration" means reviewing a person's entire application in 24 order to determine whether the person should be selected, rejected, or admitted to 25 further steps in the assessment or selection process. 26 * Sec. 7. AS 39.25.160(h) is amended to read: 27 (h) A person may not knowingly make a false statement, [CERTIFICATE,] 28 mark, rating, or report with regard to an assessment [A TEST], certification, or 29 appointment made under this chapter or in any manner commit a fraud preventing the 30 impartial execution of this chapter and the personnel rules adopted under this chapter. 31 * Sec. 8. AS 39.25.160(i) is amended to read:
01 (i) A person may not obstruct the right of another person to assessment 02 [EXAMINATION], eligibility, certification, appointment, or promotion under this 03 chapter. 04 * Sec. 9. AS 39.25.195(b) is amended to read: 05 (b) An appointment to state service, except an emergency appointment, shall 06 be made from the list of applicants qualified for the position [AN APPLICABLE 07 ELIGIBLE LIST OR DISPATCHING REGISTER] unless in appropriate circumstances 08 the director has waived this requirement. 09 * Sec. 10. AS 39.25.196(a) is amended to read: 10 (a) Notwithstanding the provisions of AS 39.25.195, a hiring department or 11 agency may grant a preference to local residents in the appointment of nonpermanent 12 employees or in the appointment of permanent employees to perform seasonal work 13 assignments of 180 calendar days or less in a 12-month period. If there are no local 14 residents on the applicable list of applicants qualified for the [ELIGIBLE LIST FOR 15 A] nonpermanent or a permanent seasonal position or if the local residents on the 16 applicable [ELIGIBLE] list of applicants qualified for the position are unavailable, 17 the hiring department or agency may obtain referrals of qualified job applicants for 18 these positions from the job service office of the Department of Labor and Workforce 19 Development serving the area and from those applicants select a qualified person who 20 is a local resident for the position. 21 * Sec. 11. AS 44.21.020 is amended to read: 22 Sec. 44.21.020. Duties of department. The Department of Administration 23 shall 24 (1) make surveys and studies to improve administrative procedures, 25 methods, and organization; 26 (2) keep general accounts; 27 (3) approve vouchers and disburse funds for all purposes; 28 (4) operate centralized purchasing and supply services, and necessary 29 storerooms and warehouses; 30 (5) allot space in state buildings to the various departments according 31 to need and available space;
01 (6) supervise telephone, mailing, messenger, duplicating, and similar 02 services adaptable to centralized management; 03 (7) administer the public employees' retirement system and teachers' 04 retirement system; 05 (8) administer a statewide personnel program, including central 06 personnel services such as recruitment, assessment [EXAMINATION], position 07 classification, and pay administration; 08 (9) administer the Alaska Pioneers' Homes; 09 (10) administer and supervise a statewide automatic data processing 10 program; 11 (11) study, design, implement, and manage the telecommunications 12 systems and services of the state under AS 44.21.305 - 44.21.330; 13 (12) [REPEALED 14 (13)] administer state veterans' home facilities; in carrying out its duties 15 under this paragraph, the department shall consult with the Department of Military and 16 Veterans' Affairs. 17 * Sec. 12. AS 39.25.153(b), 39.25.153(c), 39.25.153(d), and 39.25.155 are repealed. 18 * Sec. 13. The uncodified law of the State of Alaska is amended by adding a new section 19 to read: 20 TRANSITION: REGULATIONS. The personnel board may proceed to adopt 21 regulations to implement the changes made by this Act. The regulations take effect under 22 AS 39.25.140, but not before the effective date of secs. 1 - 12 of this Act. 23 * Sec. 14. Section 13 of this Act takes effect immediately under AS 01.10.070(c).