04/13/1999 01:40 PM Senate L&C

          HB 94-ABC BD EMPLOYEES NOT EXEMPT EMPLOYEES                                                                           
                                                                                                                                
CHAIRMAN MACKIE announced HB 94 to be up for consideration.                                                                     
                                                                                                                                
MR. PAT HARMON, Aide to Senator Kott, sponsor, said HB 94 is a                                                                  
housekeeping measure.  The statutes presently classify the agents                                                               
of the Alcoholic Beverage Control Board as exempt employees when                                                                
they are classified employees.  They are no longer appointed; the                                                               
patronage system is no longer applied as they are basically                                                                     
professional police officers.  To delete that section would make                                                                
them classified employees by default which they actually are.                                                                   
                                                                                                                                
SENATOR KELLY asked how many there were.                                                                                        
                                                                                                                                
MR. HARMON answered there were three with one supervisor.                                                                       
                                                                                                                                
SENATOR KELLY asked if they were union members.                                                                                 
                                                                                                                                
MR. HARMON answered there was a union involved.                                                                                 
                                                                                                                                
SENATOR KELLY asked if there were any retirement or benefits                                                                    
involved.                                                                                                                       
                                                                                                                                
Number 561                                                                                                                      
                                                                                                                                
MR. DOUG GRIFFIN, ABC Board, said the Administration, the                                                                       
Department, and the Board officially have no position on the bill                                                               
which came from employees who work for the ABC Board.  There are                                                                
four positions affected by this legislation, the enforcement                                                                    
investigative staff of the Board.  The three investigative                                                                      
positions are members of the general government bargaining unit.                                                                
The supervisor is a member of the supervisory bargaining unit.  He                                                              
is glad that Representative Kott put this bill forward.                                                                         
                                                                                                                                
CHAIRMAN MACKIE asked if this changed their union status.                                                                       
                                                                                                                                
MR. GRIFFIN answered, "Absolutely not."  They researched back 30                                                                
years and didn't find ABC investigators were ever exempt employees.                                                             
                                                                                                                                
SENATOR KELLY asked once they become classified employees, can they                                                             
change unions.                                                                                                                  
                                                                                                                                
MR. PERKINS answered that they have been classified employees in                                                                
the unions.                                                                                                                     
                                                                                                                                
TAPE 99-12, SIDE B                                                                                                              
                                                                                                                                
He couldn't predict the future, but couldn't see any requirements                                                               
that would trigger them changing unions.                                                                                        
                                                                                                                                
SENATOR LEMAN asked if they were currently evaluated for merit pay                                                              
and if their pay increases were based on that evaluation, and if                                                                
so, what is the process that is used.  How many of the four                                                                     
employees received the merit pay based on that process.                                                                         
                                                                                                                                
MR. PERKINS replied that they are evaluated like other classified                                                               
employees in state employment.  They have an annual evaluation and                                                              
typically are awarded merit increases.  They are evaluated on their                                                             
effectiveness in dealing with licensees, the thoroughness of their                                                              
investigations and reports.  They look at how well they prepare the                                                             
occasional prosecutions and how well they conduct themselves in                                                                 
discussing issues and problems with liquor licensees.  They need to                                                             
have knowledge of Title 4.                                                                                                      
                                                                                                                                
SENATOR KELLY said he didn't have any problem with this bill if                                                                 
they would not switch unions.                                                                                                   
                                                                                                                                
He moved to pass HB 94 from committee with individual                                                                           
recommendations.  There were no objections and it was so ordered.