Legislature(1999 - 2000)

03/09/2000 08:20 AM House STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
HB 317-STATE EMPLOYEE HIRE AND PROMOTION                                                                                      
                                                                                                                                
Number 2674                                                                                                                     
                                                                                                                                
CHAIR JAMES  announced the  next order of  business is  HOUSE BILL                                                              
NO. 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."                                                                                           
                                                                                                                                
Number 2655                                                                                                                     
                                                                                                                                
DAVE   STEWART,   Personnel  Manager,   Division   of   Personnel,                                                              
Department of Administration, presented  the sponsor statement for                                                              
HB  317.   He said  that HB  317 is  a clean-up  bill designed  to                                                              
refresh the Personnel Act with respect  to the state's recruitment                                                              
and selection  process.  He noted  that for a long time  the state                                                              
has used  a paper  and labor  intensive method  for accepting  and                                                              
reviewing applications  and preparing an eligible  list for hiring                                                              
managers in the state system.  He  explained that Workplace Alaska                                                              
is an electronic  system that allows job seekers  to file a single                                                              
electronic  resume  which  is attached  to  vacancy  announcements                                                              
filed by  hiring managers.   He commented  that the response  time                                                              
for both applicants  and managers is virtually  instantaneous.  He                                                              
mentioned that  HB 317  changes   references to "examination"  and                                                              
"registers" to "assessment" and "lists  of qualified individuals."                                                              
                                                                                                                                
Number 2582                                                                                                                     
                                                                                                                                
REPRESENTATIVE  OGAN commented that  a bill  was passed  last year                                                              
dealing with the point system.  He  asked if HB 317 was cleanup to                                                              
conform with last year's bill.                                                                                                  
                                                                                                                                
CHAIR JAMES replied that HB 317 is  to streamline applications and                                                              
review of applicants for state jobs.                                                                                            
                                                                                                                                
MR.  STEWART  agreed.    He noted  that  Representative  Ogan  was                                                              
referring to a bill that established  a fixed point system for two                                                              
categories  of veterans.   He explained  that  HB 317 changed  the                                                              
fixed  point system  to  a percentage  of  total  assessment.   He                                                              
commented that  HB 317 maintains  the same relationship  but under                                                              
the former  examining  system a veteran  was awarded  five  or ten                                                              
points to the  total of the examination score.   He mentioned that                                                              
with the  percentage system there  is a variable  assessment based                                                              
on the vacancy and the criteria for that vacancy.                                                                               
                                                                                                                                
Number 2501                                                                                                                     
                                                                                                                                
REPRESENTATIVE  OGAN asked  if the  new  percentage system  favors                                                              
veterans.                                                                                                                       
                                                                                                                                
Number 2483                                                                                                                     
                                                                                                                                
MR.  STEWART  replied  that  it  was a  "wash"  for  most  of  the                                                              
veterans.                                                                                                                       
REPRESENTATIVE  HUDSON  said that  the  state  used to  hire  from                                                              
registers.   He  asked if HB  317 conforms  to the  change to  the                                                              
electronic system; he presumes the  employee unions were satisfied                                                              
with that change.                                                                                                               
                                                                                                                                
MR. STEWART  answered in  the affirmative.   He noted that  all of                                                              
the collective bargaining units have  referenced Workplace Alaska.                                                              
                                                                                                                                
REPRESENTATIVE HUDSON asked when did the department do that.                                                                    
                                                                                                                                
MR.  STEWART  replied  that  the   last  of  the  bargaining  unit                                                              
agreements were amended during the latest negotiations.                                                                         
                                                                                                                                
REPRESENTATIVE  HUDSON  asked if  the bargaining  unit  agreements                                                              
were amended during that last round of negotiations.                                                                            
                                                                                                                                
Number 2396                                                                                                                     
                                                                                                                                
MR. STEWART answered in the affirmative.                                                                                        
                                                                                                                                
REPRESENTATIVE HUDSON  said then that HB 317 was  the first change                                                              
in the statutes to comport to the new system.                                                                                   
                                                                                                                                
MR. STEWART replied in the affirmative.                                                                                         
                                                                                                                                
REPRESENTATIVE HUDSON inquired if HB 317 was necessary.                                                                         
                                                                                                                                
MR. STEWART answered that it was  necessary in that the references                                                              
to  "register" preclude  the use  of  "hiring lists,"  and HB  317                                                              
allows the department to fully implement Workplace Alaska.                                                                      
                                                                                                                                
REPRESENTATIVE HUDSON  asked if there  was any language in  HB 317                                                              
that provides  any governor  with the power  to expand  the exempt                                                              
and  the partially  exempt employees  program without  legislative                                                              
approval.                                                                                                                       
                                                                                                                                
Number 2358                                                                                                                     
                                                                                                                                
MR. STEWART replied  that the exempt and partially  exempt service                                                              
is  only defined  in statute  and requires  legislative action  to                                                              
expand or change.                                                                                                               
                                                                                                                                
Number 2353                                                                                                                     
                                                                                                                                
REPRESENTATIVE  HUDSON  said  he  had mentioned  this  because  in                                                              
reading  through HB  317, he  had  seen some  relationship to  the                                                              
exempt and partially exempt service.                                                                                            
                                                                                                                                
MR. STEWART answered  that there is a reference in  the statute to                                                              
the  use of  eligible  lists as  part of  partial  exemption.   He                                                              
reiterated  that an  employee "can  be" appointed  to a  partially                                                              
exempt  position  without  going   through  a  register,  but  the                                                              
statutory  amendment changes  that  language so  that an  employee                                                              
"does  not  have  to  be"  appointed   from  a  list  of  eligible                                                              
candidates.                                                                                                                     
                                                                                                                                
REPRESENTATIVE  HUDSON   asked  if  exempt  or   partially  exempt                                                              
employees have rehire rights, or  do they flow into the new system                                                              
so that  they are  eligible to  take a  numerical position  within                                                              
that list in so far as the next opening is concerned.                                                                           
                                                                                                                                
MR.  STEWART  replied  that  there  is  nothing  in  HB  317  that                                                              
advantages  that group.                                                                                                         
                                                                                                                                
Number 2300                                                                                                                     
                                                                                                                                
REPRESENTATIVE  HUDSON said he  understood then  that there  is no                                                              
change to exempt or partially exempt provisions.                                                                                
                                                                                                                                
MR. STEWART answered in the affirmative.                                                                                        
                                                                                                                                
CHAIR JAMES asked where the amendment came from.                                                                                
                                                                                                                                
MR. STEWART replied that the amendment  came from the hearing with                                                              
the House Special Committee on Military and Veteran's Affairs.                                                                  
                                                                                                                                
CHAIR JAMES said  she understood then that the  amendment was just                                                              
clean-up language  of the  amendment that was  put in  to Military                                                              
and Veterans' Affairs legislation.                                                                                              
                                                                                                                                
REPRESENTATIVE  GREEN  asked  if  there was  anything  in  current                                                              
statute  that precludes  the  department  from using  this  method                                                              
[Workplace Alaska].                                                                                                             
                                                                                                                                
MR. STEWART answered that reference  in statute to "registers" and                                                              
"eligible lists" would  limit the ability to enact  regulations to                                                              
fully  operate  Workplace Alaska  because  the department  is  not                                                              
establishing master  lists of Workplace Alaska.  He  said that the                                                              
department  is  shifting  from maintaining  eligible  lists  to  a                                                              
vacancy-based  recruitment   system  where  the   department  only                                                              
collects a list  of applicants when a vacancy occurs  and is going                                                              
to be filled.                                                                                                                   
                                                                                                                                
Number 2181                                                                                                                     
                                                                                                                                
MR.  STEWART  noted that  use  of  the system  [Workplace  Alaska]                                                              
allows people who are actually interested  in the vacancy to apply                                                              
and be considered by the hiring manager.                                                                                        
                                                                                                                                
REPRESENTATIVE  HUDSON  explained  that  the state  used  to  have                                                              
provisions  for people  who  qualified under  minority  hire.   He                                                              
asked if  minority hire  and underutilized  was maintained  in the                                                              
new Workplace Alaska program.                                                                                                   
                                                                                                                                
MS. STEWART  replied in the  affirmative and those  candidates who                                                              
are  considered underutilized  through specifics  provided by  the                                                              
office  of Equal  Employment  Opportunity are  still  marked as  a                                                              
requirement of consideration.                                                                                                   
                                                                                                                                
REPRESENTATIVE  HUDSON  commented  that  some people  were  on  12                                                              
registers when the state maintained  the register program and were                                                              
blocking other  people from  getting jobs.   Therefore,  he stated                                                              
that he believes  HB 317 is the  right way to go and  it surprises                                                              
him that it has  taken this long to change the  statutes to comply                                                              
with the new procedure.                                                                                                         
                                                                                                                                
Number 2079                                                                                                                     
                                                                                                                                
REPRESENTATIVE OGAN  asked if HB 317  makes a major change  in how                                                              
people  are hired  as  far  as potential  abuses  on  the part  of                                                              
administration are concerned.                                                                                                   
                                                                                                                                
MR. STEWART  answered  that the fundamental  change  of HB  317 is                                                              
that rather  than being  tied to  a costly  time and paper  manual                                                              
process, the state  hiring process has now become  electronic.  He                                                              
said that  the competitive nature  of hiring and the  merit system                                                              
are maintained.  He noted that all  of the hires in the classified                                                              
system  are still  based  on an  applicant's  measure against  the                                                              
minimum   qualifications   that   are  established   through   the                                                              
classification system and the collective  bargaining unit process.                                                              
Number 1984                                                                                                                     
                                                                                                                                
REPRESENTATIVE OGAN said then that  there is nothing to fear in HB
317 as far as nepotism or "who you know" system.                                                                                
                                                                                                                                
MR. STEWART replied there was nothing to fear.                                                                                  
                                                                                                                                
CHAIR JAMES acknowledged that does not mean that there are not                                                                  
employees who are political appointees.                                                                                         
                                                                                                                                
Number 1933                                                                                                                     
                                                                                                                                
REPRESENTATIVE HUDSON offered Amendment 1, 1-GH2050\G.1, Cramer,                                                                
3/4/00, which read:                                                                                                             
                                                                                                                                
     Page 5, following line 12:                                                                                                 
          Insert new bill sections to read:                                                                                     
     "*Sec. 5.  AS 39.25.155(c) is amended to read:                                                                             
                                                                                                                                
          (c)    Applicants  shall be  placed  on  [ELIGIBLE]                                                                   
          lists for  the vocational classification  indicated                                                                   
          in  their applications  [SUBMITTED TO THE  DIVISION                                                                   
          OF  PERSONNEL  IN  THE   ORDER  OF  THEIR  RELATIVE                                                                   
          RANKING]   based   on   an  assessment   of   their                                                                   
          vocational  [TECHNICAL]  ability and  [,] place  of                                                               
          residence   [AND   WITHOUT   WRITTEN   EXAMINATION.                                                                 
          APTITUDE  OR OCCUPATIONAL TESTS  MAY BE GIVEN  IF A                                                                 
          POSITION REQUIRES A SPECIFIC ABILITY].                                                                              
                                                                                                                                
     *Sec. 6.   AS 39.25.155(e) is amended to read:                                                                             
                                                                                                                                
          (e)    The director  of  personnel shall  embody  a                                                                   
          concept   combined   of    vocational   [TECHNICAL]                                                                 
          ability, place  of residence, local hire,  and area                                                                   
          unemployment  in the personnel rules  to accomplish                                                                   
          the intent of this section."                                                                                          
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 9, line 26:                                                                                                           
          Delete "secs. 1-14"                                                                                                   
          Insert "sec. 1-16"                                                                                                    
                                                                                                                                
     Page 9, line 27:                                                                                                           
          Delete "Section 15"                                                                                                   
          Insert "Section 17"                                                                                                   
                                                                                                                                
Number 1915                                                                                                                     
                                                                                                                                
CHAIR JAMES  announced Amendment 1  is before the committee.   She                                                              
directed  attention to  line 12  and  said that  the repealer  was                                                              
repealed in the House Special Committee  on Military and Veterans'                                                              
Affairs.   She asked if there  was any opposition to  Amendment 1.                                                              
Hearing no objection, Amendment 1 was adopted.                                                                                  
                                                                                                                                
Number 1850                                                                                                                     
                                                                                                                                
REPRESENTATIVE  HUDSON  made  a  motion  to  move  CSHB  317(MLV),                                                              
version  1-GH2050\G, as  amended  out of  committee with  attached                                                              
zero  fiscal  note,  individual  recommendations,  and  asked  for                                                              
unanimous consent.  There being no  objection, CSHB 317(STA) moved                                                              
from the House State Affairs Standing Committee.                                                                                
                                                                                                                                

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