Bill Text - HB1505 (2012)

Relative to public employee suggestions for cost-saving measures.


Revision: Dec. 14, 2011, midnight

HB 1505-FN – AS INTRODUCED

2012 SESSION

12-2079

06/03

HOUSE BILL 1505-FN

AN ACT relative to public employee suggestions for cost-saving measures.

SPONSORS: Rep. Flanagan, Hills 5; Rep. Mirski, Graf 10; Rep. Weyler, Rock 8

COMMITTEE: Executive Departments and Administration

ANALYSIS

This bill provides a one-time award equal to 10 percent of the savings achieved during the first year that a public employee’s cost-saving or revenue-producing suggestion is implemented.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

12-2079

06/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT relative to public employee suggestions for cost-saving measures.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 State Extraordinary Service Award Evaluation Committee. Amend RSA 99-E:1, III to read as follows:

III. In addition to such other communications to governor and council as are provided in this chapter, the state suggestion and extraordinary service award evaluation committee shall submit to the governor and council, the speaker of the house of representatives, and the president of the senate an annual report of its activities, including employees recognized and rewarded for extraordinary service [and], the reasons for recognition or recommended award, [together with a] and, notwithstanding any provision of RSA 91-A, an anonymous list or copy of all [proposals] cost-saving or revenue-producing employee suggestions submitted to it, whether or not implemented or recommended. The report shall be submitted by October 1 of each year.

2 Departmental Award Evaluation Committees. Amend RSA 99-E:2, IV to read as follows:

IV. In addition to such other communications to the state suggestion and extraordinary service award evaluation committee as are provided in this chapter, departmental award evaluation committees shall, by August 1 of each year, submit to the state suggestion and extraordinary service award evaluation committee a list of all award [submissions or] nominations received within the department in the preceding calendar year, whether or not still pending, with the date of receipt, the name of the person making the [submission] nomination, the name of the person [making the suggestion or] performing the service, and a description of the [submission or] nomination and its status.

3 Eligible Employees. Amend RSA 99-E:3 to read as follows:

99-E:3 Eligible Employees.

I. State employees eligible for awards or recognition for extraordinary service under this chapter shall be classified executive branch employees.

II. All state employees except commissioners and directors, judicial appointees, and executive and legislative branch elected officials shall be eligible for the employee suggestion awards. Any employee who is eligible for such award at the time the suggestion is made shall remain eligible, even if he or she leaves state employment.

4 Nomination and Evaluation Procedures. Amend RSA 99-E:4 to read as follows:

99-E:4 [Submission] Nomination and Evaluation Procedures for Extraordinary Service Awards.

I. Any person wishing to [submit a suggestion for consideration under the suggestion and extraordinary service award program, or wishing to] nominate a state employee for [a suggestion or] an extraordinary service award, shall do so by submitting a written [submission or] nomination to the award evaluation committee in the department in which the nominee [or person making the suggestion] is employed.

II. The written [submission or] nomination shall include at least the following information:

(a) The name of the person who [made the suggestion or] performed the service.

(b) The job title or position of the person who [made the suggestion or] performed the service.

(c) The department, division, section, and office, if any, in which the person [making the suggestion or] performing the service is employed.

(d) The name of the immediate supervisor of the person [making the suggestion or] performing the service.

(e) The name, job title, and department of the person making the [submission or] nomination, if that person is someone other than the person who [made the suggestion or] performed the service.

(f) A detailed description of the [suggestion or] the service performed.

[(g) If the submission or nomination involves a suggestion made by an employee:

(1) The approximate date that the suggestion was first made.

(2) The person to whom the suggestion has been conveyed.

(3) Whether or not the suggestion has been implemented and, if so, a description of the results of such implementation, including any savings realized or revenue generated and the method of calculation thereof.]

[(h)] (g) If the person making the [submission or] nomination is someone other than the person who [made the suggestion or] performed the service, whether the person who [made the suggestion or] performed the service is being recommended for a monetary award or for nonmonetary recognition.

[(i)] (h) Whether or not the [suggestion or] service is one for which the employee has been nominated [for,] or has received[,] some other form of award, and the nature or amount of the award received.

[(j)] (i) The date and time of the filing of the [submission or] nomination.

III. Employees may jointly submit one [submission or] nomination, and may be jointly nominated for an award or recognition, provided that the [submission or] nomination clearly states that it is a joint [submission] nomination.

IV. If the same [suggestion or] service nomination is submitted more than once, the first [submission or] nomination relating to the [suggestion or] service that is received by the departmental award evaluation committee shall be the [submission or suggestion] nomination considered for an award or recognition, unless the committee making the determination, in its discretion, concludes that consideration of the first [submission or] nomination would result in significant injustice.

V. Within 60 days of receiving a [submission or] nomination, a departmental award evaluation committee shall inform the person submitting the nomination [or suggestion,] in writing:

(a) Whether or not the committee recommends an award or recognition; or

(b) That additional time is required for the committee to make its determination, specifying the amount of time required; and/or

(c) That additional information is needed. If additional information is needed, the committee shall specify the information required and[, unless the additional information relates to the implementation of a suggestion under RSA 99-E:5, III, shall specify] the date by which the information is to be provided. If the additional information is not received by the date specified, or any extended period of time allowed by the committee, the committee may decline to recommend the issuance of any award or recognition.

VI. Upon reaching a conclusion on a [submission or] nomination, or after failing to receive additional information in response to a request, a departmental award evaluation committee shall forward a copy of its recommendation to the state suggestion and extraordinary service award evaluation committee, with a complete copy of all documents contained in the award nomination file, including, at a minimum, those specified in paragraph [XII] XI. If the final determination is that an award or recognition is recommended, the departmental award evaluation committee shall include in its determination the amount or nature of the monetary award or nonmonetary recognition recommended.

VII. The state suggestion and extraordinary service award evaluation committee shall, within 60 days of receiving a determination from a departmental award evaluation committee, if any, or within 60 days of receiving a [submission or] nomination from another person, indicate in writing, with a copy to the person making the [submission or] nomination and the departmental award evaluation committee, if any, whether or not it concurs with the determination of the departmental award evaluation committee, if any, and:

(a) If it recommends an award or recognition, the nature or amount of the award or recognition recommended; or

(b) If it does not recommend an award or recognition, the reason therefor, which may include reliance upon the determination of any departmental award evaluation committee; or

(c) If it believes that the [suggestion or] nomination should be forwarded to the governor and council without determination or recommendation in accordance with paragraph IX, that the [submission or] nomination will be so forwarded; or

(d) If it believes that additional time is required for the committee to make its determination, the amount of additional time required to make the determination; or

(e) If it believes that additional information is needed, a specification of the information required and[, unless the additional information relates to the implementation of a suggestion under RSA 99-E:5, III,] the date by which the information is to be provided. Unless otherwise specified, any additional information requested by the committee shall be gathered by the committee that forwarded the determination for review, or if no lower-level committee has forwarded the determination for review, by the person making the [submission or] nomination to the committee. If the additional information is not received by the date specified, or any extended period of time allowed by the committee, the committee may decline to recommend the issuance of any award or recognition.

VIII. Final written determinations of the state suggestion and extraordinary service award evaluation committee that recommend a monetary award or that recommend recognition by the governor and council shall be forwarded to the governor and council within 30 days of issuance.

IX. The state suggestion and extraordinary service award evaluation committee may, in the alternative to either recommending or declining to recommend a [submission or] nomination for award or recognition, or as an alternative to requesting additional information, forward the [submission or] nomination to the governor and council without determination or recommendation, with a complete copy of all documents contained in the award nomination file and a written explanation of the reasons why the committee has either not recommended, declined to recommend, or requested additional information. The governor, with the consent of council, shall take such action, if any, on the nomination [or submission] that they, within their discretion, deem appropriate.

[X. If the state suggestion and extraordinary service award evaluation committee, in its discretion, concludes that a suggestion that has been successfully implemented in a single department, division, office, or other subdivision of the state may result in additional benefit if implemented on a larger scale, the committee may so state in its submission to the governor and executive council. In such a case, an employee may, on one additional occasion, be considered for further or additional award or recognition for the suggestion.

XI.] X. Any person believing that there is good cause for not submitting a [submission or] nomination to the departmental award evaluation committee may submit his or her [submission or] nomination to the state suggestion and extraordinary service award evaluation committee. The state committee shall determine whether, in its discretion, it believes that there is good cause for not submitting the [submission or] nomination to the lower-level committee. If such good cause is found, the state suggestion and extraordinary service award evaluation committee shall consider the [submission or] nomination in the first instance. If such good cause is not found, the committee shall refer the matter to the lower-level committee for initial determination.

[XII.] XI. An award evaluation committee shall include in its file relative to a [suggestion or] nomination at least the following:

(a) The original written [submission or] nomination.

(b) All recommendations of award evaluation committees relative to the [submission or] nomination.

(c) Any calculations as to savings or increase in revenue, or other information, which the committee believes may be of assistance in determining the appropriate nature or amount of award, if any.

[XIII.] XII. Files of award committees and documents contained therein shall not be deemed to be public documents or records within the meaning of, or subject to disclosure under, RSA 91-A, and meetings of award evaluation committees shall not be subject to the public meeting requirements of RSA 91-A, provided, however, that final written determinations and recommendations of award committees shall be subject to disclosure under RSA 91-A to the extent that such documents do not contain otherwise privileged or confidential information.

[XIV.] XIII. A quorum of the state suggestion and extraordinary service award evaluation committee shall be 4 members. If the absence of a quorum precludes the committee from acting within the time periods specified under paragraph VII, those time periods shall not apply and the committee shall instead act at a later meeting at which a quorum is present.

5 Suggestion Award Standard. RSA 99-E:5 is repealed and reenacted to read as follows:

99-E:5 Suggestion Award Standard.

I. Any employee may make a cost-saving suggestion to the governor and the executive council. The suggestion shall be assigned an identifying number. The governor and council shall forward the numbered suggestion to the state suggestion and extraordinary award evaluation committee. The governor and executive council shall not reveal the identity of the employee until an award is made under this section.

II. The state suggestion and extraordinary service award evaluation committee shall investigate all suggestions and determine the estimated savings. All accepted suggestions shall be returned to the governor and council for final approval. Any employee who makes a suggestion that is accepted and implemented shall receive a one-time award equal to 10 percent of the savings achieved during the initial 12-month period after implementation.

III. If an award is issued by the governor and council under paragraph II, such award may, in the discretion of the governor and council, be paid from the budget of the department or unit believed to have received the benefit of the suggestion or from the special fund established under RSA 99-E:7, V. If the unit from which the award is paid is self-funding, the award shall be paid from the unit’s operating budget. The commissioner of a department from which an award is to be paid under this paragraph shall certify any amounts so appropriated to the director of personnel for transfer and payment to the employee.

IV. If the state suggestion and extraordinary service award evaluation committee, in its discretion, concludes that a suggestion that has been successfully implemented in a single department, division, office, or other subdivision of the state may result in additional benefit if implemented on a larger scale, the committee may so state to the governor and executive council. In such a case, an employee may, on one additional occasion, be considered for additional award for the suggestion.

V. A suggestion shall not be eligible for award or recognition if the state extraordinary service award evaluation committee determines, in its discretion, that the suggestion was under consideration by the state prior to the time that the suggestion was made by the employee.

6 Amount of Monetary Awards for Extraordinary Service. Amend RSA 99-E:7, to read as follows:

99-E:7 Amount of Monetary Awards for Extraordinary Service.

I. The amount of any monetary award recommended by a committee in regard to [any one suggestion or] extraordinary service shall not be greater than $5,000.

II. If an award evaluation committee determines, in its discretion, that an appropriate measure of award would be the amount of any savings or increase in revenue realized by the state as the result of a service performed by an employee[, or as the result of a suggestion which has been implemented,] the amount of a monetary award recommended by the committee may not exceed 10 percent of the amount of the savings or increase in revenue to the state during the [first fiscal year of the implementation of the suggestion, or the] fiscal year in which the service was performed, nor may it exceed the amount of $5,000.

III. If a monetary award is issued by the governor and council based upon the amount of savings or increase under paragraph II, an amount equal to the monetary award may, in the discretion of the governor and council, be paid from the budget of the specific department or the departments believed to have received the benefit of the [suggestion or] service during the [first fiscal year of implementation of a suggestion, or during the] fiscal year in which the service was performed. Any remaining savings or increases resulting from the [suggestion or] service shall lapse to the general fund. If the unit from which the award is paid is self-funding, the award shall be paid from the unit’s operating budget. The commissioner of a department from which an award is to be paid under this paragraph, shall certify any amounts so appropriated to the director of personnel for transfer and payment to the employee.

[IV. If a suggestion which has previously been submitted or nominated for award is again submitted or nominated under RSA 99-E:4, X as the result of larger-scale implementation, the amount of any additional monetary award recommended shall be in such amount as the committee, in its discretion, believes is proper, but shall not, in any event, exceed $5,000].

[V.] IV. The total amount of monetary awards for extraordinary service recommended by the state suggestion and extraordinary service award evaluation committee between October 1 of one year and September 30 of the following year shall not exceed $10,000.

[VI.] V. There is hereby established in the office of the governor a special fund in the amount of $10,000, which shall be used for employee suggestion and extraordinary service awards, if any. Monies in the special fund shall not lapse. If the entire appropriation is not used for employee suggestion and extraordinary service awards in any fiscal year, the amount appropriated for the fund in the next fiscal year shall be only such amount as is necessary to bring the total amount of the fund to $10,000.

[VII.] VI. This chapter shall not be construed to limit the availability of any employee award or recognition not arising pursuant to this chapter

[VIII.] VII. The governor, with the consent of council, is hereby authorized to draw a warrant for monetary awards under this [chapter] section out of any money contained in the fund established under paragraph [VI] V. The governor and council shall not approve expenditures from the fund in excess of $10,000 in any fiscal year, shall not issue any single award in excess of the amount indicated in paragraph I[, or, in case of additional awards under paragraph IV, shall not issue any award in excess of the amount set forth in paragraph IV]. In issuing awards or recognition, the governor and council shall not be limited by any recommendation of the state suggestion and extraordinary service award evaluation committee. The decision of whether to issue a monetary award for [suggestions and] services under this chapter, and the amount thereof, if any, shall, with the foregoing limitations, be solely within the discretion of the governor and council.

[IX.] VIII. Award evaluation committees recommending monetary awards may consider, but shall not be required to make recommendations according to, the following suggested ranges of award for the following types of [suggestions or] services:

[(a) For suggestions to improve government cost savings, $500 to $2,500, or a percentage of the amount of savings as specified under paragraph II.

(b) For suggestions to improve government efficiency, $250 to $1,500, or a percentage of the amount of savings or revenue increase as specified under paragraph II.

(c) For suggestions to increase revenue to the state by a means other than the establishment of a new, or an increase in an existing, tax, $250 to $1,500 or a percentage of the amount of increase as specified under paragraph II.]

[(d)] (a) For services outside of or beyond the scope of an employee’s regular job responsibilities or functions involving circumstances where only immediate action by the employee could avoid or avert probable harm to an individual, to property, or to the financial interests of the state, $500 to $2,500, or a percentage of the amount of increase or savings as specified under paragraph II.

[(e)] (b) For services within the scope of an employee’s regular job responsibilities or functions involving the demonstration of abilities or efforts greatly above and beyond any standard of performance expected of the employee, $250 to $1,500 or a percentage of the amount of increase or savings as specified under paragraph II.

7 Nonmonetary Recognition. Amend RSA 99-E:8 to read as follows:

99-E:8 Nonmonetary Recognition for Extraordinary Service. A departmental award evaluation committee may, in its discretion, recommend, and the state suggestion and extraordinary service award evaluation committee may, in its discretion, issue or recommend, nonmonetary recognition in lieu of, or in addition to, recommending a monetary award for extraordinary service under this chapter. Nonmonetary recognition shall be in such form as the committee, in its discretion, believes is appropriate for the service rendered [or suggestion made].

8 Effective Date. This act shall take effect 60 days after its passage.

LBAO

12-2079

12/01/11

HB 1505-FN - FISCAL NOTE

AN ACT relative to public employee suggestions for cost-saving measures.

FISCAL IMPACT:

      The Department of Administrative Services states this bill will have an indeterminable impact on state expenditures in FY 2012 and each year thereafter. There will be no impact on county and local revenues or expenditures.

METHODOLOGY:

    The Department of Administrative Services states this bill makes several changes to RSA 99-E, relative to the Suggestion and Extraordinary Service Award Program (Program) for state employees. The Department states currently the Program may recommend to governor and executive council, expenditures of no more than $10,000 in the course of a reporting year and the amount of any one monetary award for any one suggestion or service shall be no greater than $5,000. The Department states this bill eliminates the $5,000 award limit for suggestion awards and replaces it with an award of 10% of any and all “savings” realized by the state as a result of the suggestion in the first 12 months of implementation. The Department states under this bill, at the discretion of governor and the executive council, awards for cost savings suggestions may be paid from the budget of the department believed to have received the benefit of the suggestion, and awards for extraordinary service would be paid from a special fund within the office of the governor, however the Department is unable to determine a fiscal impact due uncertainties including how many suggestions might be made, approved, or what the amount of monetary awards, if any, might be paid out.

    The Department of Administrative Services states this bill’s expansion of responsibilities assigned to the staff of the governor and executive council and members of the state award evaluation committee may have an increase in direct or indirect personnel costs.