Bill Text - SB533 (2018)
Relative to the composition and compensation of the personnel appeals board.
Revision: April 20, 2018, 10:35 a.m.
SB 533-FN - VERSION ADOPTED BY BOTH BODIES
03/08/2018 0979s
2018 SESSION
18-2823
05/04
SENATE BILL 533-FN
AN ACT relative to the composition and compensation of the personnel appeals board.
SPONSORS: Sen. Carson, Dist 14; Sen. Soucy, Dist 18; Sen. D'Allesandro, Dist 20; Sen. Gannon, Dist 23; Rep. Proulx, Hills. 44; Rep. M. McCarthy, Hills. 29
COMMITTEE: Executive Departments and Administration
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ANALYSIS
This bill revises the membership of the personnel appeals board, increases board members' compensation, and increases the quorum for board meetings and hearings from 2 to 3 members.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/08/2018 0979s 18-2823
05/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
AN ACT relative to the composition and compensation of the personnel appeals board.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Personnel Appeals Board; Composition of Board; Compensation; Removal. RSA 21-I:45 is repealed and reenacted to read as follows:
21-I:45 Composition of Board; Compensation; Removal. There is hereby established a personnel appeals board as follows:
I. The board shall consist of up to 5 members, not more than 3 of whom shall be from the same political party. At least 2 members of the board shall have been employed as labor relations or personnel professionals for at least 5 years. One member shall have been employed within a public personnel field of employment for at least 3 years. At least 2 members shall be attorneys licensed to practice in the state of New Hampshire and experienced in the conduct of adjudicative hearings and decision writing. Each member shall be appointed by the governor with the consent of the council for a term of 3 years and a person appointed to fill a vacancy shall be appointed for the unexpired term. Each member of the board shall hold office until a successor is appointed and qualified. The governor shall designate one member as chairperson of the board. The board shall elect one member to serve as vice-chairperson. Both the chairperson and the vice-chairperson shall be attorneys and members in good standing of the New Hampshire Bar Association. No member of the board shall be employed full time in any agency of state government. Three members shall constitute a quorum to conduct hearings, deliberative sessions, and business meetings.
II. Members of the board shall convene in person to conduct appeal hearings and pre-hearing conferences with the parties, to deliberate on concluded cases and pending motions, and to conduct periodic business meetings associated with their duties and they shall designate one or more members to participate in legislative and regulatory matters that pertain to the board. They shall read appeal records, motions, court decisions, and other evidentiary materials outside of scheduled hearings and meetings and in preparation for them. The members shall therefore be paid a stipend of $200 in each biweekly state payroll cycle for the work performed outside of scheduled sessions. Members of the board shall also be paid $400 for each day devoted to the work of the board and shall be reimbursed for travel, professional development, and other business-related expenses.
III. Members of the board shall be removed only as provided in RSA 4:1.
2 Personnel Appeals Board; Powers and Duties of the Board. Amend RSA 21-I:46, II to read as follows:
II. The board shall meet as often as necessary to conduct its business, provided that no more than 30 days shall elapse between meetings or hearings whenever there is any appeal pending before the board. [Two] Three members of the board shall constitute a quorum.
3 Effective Date. This act shall take effect July 1, 2019.
18-2823
Amended 3/12/18
SB 533-FN- FISCAL NOTE
AS AMENDED BY THE SENATE (AMENDMENT #2018-0979s)
AN ACT relative to the composition and compensation of the personnel appeals board.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2019 | FY 2020 | FY 2021 | FY 2022 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | An increase of at least $67,600 | An increase of at least $67,600 | An increase of at least $67,600 |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
METHODOLOGY:
This bill increases the quorum requirement from 2 to 3 for the Personnel Appeals Board and increases the compensation of such members. The members of the board currently are compensated $100 per day for each day devoted to the work of the board, but not more than $5,000 each in any one year and are also reimbursed for necessary expenses in connection with their official duties. The bill would increase the compensation to $400 for each day devoted to the work of the board and each board member would receive a bi-weekly stipend of $200 plus reimbursement for travel, professional development, and other business related expenses.
The Department of Administrative Services assumes the board's activity in 2017 will be substantially similar in years 2020-2022 and estimates $67,600 in annual increased cost to conduct board activities, excluding reimbursement for travel, professional development and other business related expenses. The DAS provided the following calculations:
AGENCIES CONTACTED:
Department of Administrative Services