Bill Text - SB534 (2018)

(New Title) relative to the classification of certain state employee positions and relative to a review of certain unclassified positions in the department of health and human services.


Revision: May 7, 2018, 12:41 p.m.

SB 534-FN - VERSION ADOPTED BY BOTH BODIES

 

02/01/2018   0275s

26Apr2018... 1592h

2018 SESSION

18-2830

05/03

 

SENATE BILL 534-FN

 

AN ACT relative to the classification of certain state employee positions and relative to a review of certain unclassified positions in the department of health and human services.

 

SPONSORS: Sen. Reagan, Dist 17; Sen. D'Allesandro, Dist 20; Rep. Byron, Hills. 20; Rep. Sytek, Rock. 8; Rep. P. Schmidt, Straf. 19; Rep. McGuire, Merr. 29

 

COMMITTEE: Executive Departments and Administration

 

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AMENDED ANALYSIS

 

This bill:

 

I.  Revises the salaries for certain unclassified positions and adjusts salaries for recruitment and retention purposes.  

 

II.  Establishes the position of general counsel in the banking department.

 

III.  Requires the commissioner of the department of health and human services to conduct a review of certain unclassified positions.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02/01/2018   0275s

26Apr2018... 1592h 18-2830

05/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to the classification of certain state employee positions and relative to a review of certain unclassified positions in the department of health and human services.

 

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

 

1  Compensation of Certain State Officers; Salaries Established.  Amend RSA 94:1-a, I(b) by deleting the following:

I. EE Department of health and human services, administrator, bureau of division of elderly services and adult community services

II. HH Department of information technology, chief information security officer

III. II Department of administrative services, assistant commissioner

IV. II New Hampshire hospital, chief executive officer

V. PP Department of health and human services, unit director, medical

2  Compensation of Certain State Officers; Salaries Established.  Amend RSA 94:1-a, I(b) by inserting the following:

I. FF Banking department, general counsel

II. HH Department of administrative services, project management, innovation and operational analysis unit, director

III. HH New Hampshire hospital, chief operating officer

IV. HH Department of information technology, assistant chief information security officer

V. II Department of information technology, chief information security officer

VI. JJ Department of administrative services, assistant commissioner

VII. JJ Department of health and human services, associate commissioner, operations

VIII. JJ Department of health and human services, associate commissioner, population health

IX. KK Department of business and economic affairs, commissioner

3  Salary Adjustment for Recruitment or Retention.  Amend RSA 94:3-b to read as follows:

94:3-b  Salary Adjustment for Recruitment or Retention.

I.  Notwithstanding any other provisions of law to the contrary, upon the request of an appointing authority submitted to the commissioner of administrative services for review and evaluation and upon approval by the joint committee on employee classification, the governor and council is hereby authorized and empowered upon a finding by them that it is in the best interests of the state and is necessary in order to recruit and retain or recruit or retain qualified personnel to increase the salary ranges of unclassified positions.

II.  The following increased salary amounts have been adopted pursuant to this section:

(a)  Comptroller, department of administrative services, $120,270.32

(b)  Associate medical examiner, department of justice, $160,000 - $240,000

(c)  Deputy chief medical examiner, department of justice, $200,000 - $260,000

(d)  Chief medical examiner, department of justice, $210,000 - $300,000

(e)  Chief operating officer, New Hampshire hospital, department of health and human services, $93,759.12 - $124,606.04

4  New Section; Bank Commissioner; General Counsel.  Amend RSA 383 by inserting after section 5 the following new section:

383:5-a  General Counsel.  The commissioner shall appoint a general counsel, who shall serve at the pleasure of the commissioner.  The general counsel shall perform such duties and exercise such powers as the commissioner may authorize.

5  Position Abolished.  The following position is hereby abolished, effective at the close of business on June 30, 2018:

Banking Department 02-072-072-720510-2043   42404

6  Compensation of Certain State Officers; Health and Human Services Review; Certain Unclassified Employees.  Amend RSA 94 by inserting after section 1-e the following new section:

94:1-f  Health and Human Services Review; Certain Unclassified Employees.

I.  The commissioner of the department of health and human services shall submit a list of names of incumbents and identify all current unclassified position titles and associated job responsibilities for positions established pursuant to 1995, 310 to the department of administrative services.  The commissioner of the department of health and human services shall provide information pursuant to any requests from the department of administrative services to comply with the requirements of this section.  The department of administrative services may review and change any existing position title to accurately reflect the current position responsibilities and recommend such change directly to the joint committee established in RSA 14:14-c to update RSA 94:1-a.  

II.  The commissioner of the department of administrative services shall submit the information to an outside consultant retained for the purpose of assessing the appropriate letter grade of unclassified state officers for those positions where the position title does not accurately reflect the job responsibilities.  The consultant shall assess the recommended allocation, recommend an alternate allocation, if necessary, and include the reasoning for such allocation in its report.  The commissioner shall submit the consultant's report to the joint committee established in RSA 14:14-c, for its review and temporary letter grade allocation.  The department of health and human services shall make a contribution from salary line appropriations to the salary adjustment fund pursuant to RSA 99:4 to reimburse for the cost associated with the review of each position.

III.  Any reclassification of salary shall not apply to any incumbent occupying the position unless the reclassification is to a higher salary grade designation.  If such reclassification results in a lower salary grade designation, such designation shall occur when the incumbent vacates the position.

IV.  Upon completion of the review process, subsequent vacancies of the positions shall be filled in accordance with RSA 94:6 and RSA 94:1-a.

V.  All titles listed in RSA 94:1-a shall be subject to the requirements of this section, with the exception of the following positions:  commissioner, deputy commissioner, associate commissioners, and chief operating officer for New Hampshire hospital.  The joint committee may decline to review or exclude any other title from review as it deems necessary.  

VI.  All reviews and recommendations shall be completed no later than 2 years from the effective date of this section.  The commissioner of the department of health and human services shall issue a progress report every 6 months from the effective date of this section to the fiscal committee of the general court until the process is completed.

7  Effective Date.  

I.  Sections 1-4 of this act shall take effect 60 days after its passage.

II.  The remainder of this act shall effect upon its passage.

 

LBAO

18-2830

Amended 4/27/18

 

SB 534-FN- FISCAL NOTE

AS AMENDED BY THE HOUSE (AMENDMENT #2018-1592h)

 

AN ACT relative to the classification of certain state employee positions and relative to a review of certain unclassified positions in the department of health and human services.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2019

FY 2020

FY 2021

FY 2022

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

$486,079 General

$24,349 Federal

$64,921  Other

$486,079 General

$24,349 Federal

$64,921  Other

$486,079 General

$24,349 Federal

$64,921  Other

$486,079 General

$24,349 Federal

$64,921  Other

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [ X ] Other - Federal 4.2%, Bank Fees 1%, Class 027 transfers 10.3%

 

METHODOLOGY:

This bill revises the salaries and titles of certain unclassified employees in the Department of Health and Human Services and adjusts salaries for certain unclassified employees in the Departments of Health and Human Services, Administrative Services, Justice, Business and Economic Affairs, Banking and Information Technology, as approved by the Joint Committee on Employee Classification pursuant to RSA 14:14-c and for recruitment and retention purposes pursuant to RSA 94:3-b.  The Department of Administrative Services (DAS) used the following assumptions to calculate costs:

 

  • The cost impact for the elimination of three unclassified positions and establishment of three new unclassified positions at the Department of Health and Human Services is the difference between the letter grade salary range assigned to the eliminated position vs. the letter grade salary range of the newly established unclassified positions, using the maximum salary step for the calculation (Part I)
  • The cost impact for the increase in salaries of the eleven unclassified positions is assumed to be the difference between the letter grade salary range established under RSA 94:1-a and the increase amount listed in the bill, using the maximum salary step and the high end of the proposed increased salary for the calculation (Part II)
  • Based on the salary ranges in effect as of January 6, 2017
  • No cost of living wage increases after that date
  • 19.8% Benefit costs (Social Security 6.2 %, Medicare 1.45%; Retirement System 12.15%)
  • Unclassified employees are working full-time

 

Part I

DAS compared the letter grade salary range assigned to the three DHHS unclassified positions that are eliminated versus the letter grade salary range for the three new unclassified positions, using the maximum salary steps.  The estimated additional net cost to the state is $38,614 per year (increase of $14,265 General Funds and $24,349 in Federal Funds) using the following calculations:

 

Deleted Position

 

Salary

New Position

 

Salary

 

Difference

Source of Funds

General  Federal

Salary Grade

II

$115,225

Salary Grade HH (range up to $124,606)

$124,606**

$9,381

$8,255

$1,126

Salary Grade EE

$69,380*

Salary Grade JJ

$121,488

$52,108

$23,605

$28,503

Salary Grade

PP

$150,745

Salary Grade JJ

$121,488

($29,257)

($19,953)

($9,304)

Total Salary Per Fiscal Year

$335,350

 

$367,582

$32,232

$11,907

$20,325

Total Benefits Per FY (19.8%)

$66,399

 

$72,781

$6,382

$2,358

$4,024

Total Salary + Benefits Per FY

$401,749

 

$440,363

 

$38,614

$14,265

$24,349

*Currently budgeted at $69,380 for FY 2019.

** This salary listed as proposed new compensation is established in Section 2 of the bill.

 

Part II

DAS estimated the cost for the increased salary amounts for the ten unclassified positions as $536,735 per fiscal year (increases of $471,814 in General Funds and $64,921 in other funds).  The title of Associate Medical Examiner, Department of Justice, does not currently appear in RSA 94:1-a and an estimated increase of $102,318 was assumed for that position.  The following calculations were provided:

 

 

Unclassified Title

 

Letter Grade

RSA 94:1-a Salary

SFY 2019

Budget Amount

Proposed Annual Salary

 

 

Difference

 

Source of Funds

General       Federal      Other

Comptroller, DAS

HH

 

$119,652

$120,270

$618

$618

$0

$0

Associate Medical Examiner, DOJ

Class 59

$137,682

$240,000

$102,318

$102,318

$0

$0

Deputy Chief Medical Examiner, DOJ

NN

$137,682

$260,000

$122,318

$122,318

$0

$0

Chief Medical Examiner, DOJ

QQ

$159,304

$300,000

140,696

$140,696

$0

$0

General Counsel,

Banking Dept

FF

$87,797

$92,649

$4,852

$0

$0

$4,852

Director, Project Management,

DAS

HH

$103,367

$108,961

$5,594

$5,594

$0

$0

Asst Chief Info Security Officer,

DOIT

HH

$65,503

$108,961

$43,458

$335

$0

$43,123

Chief Info Security Officer, DOIT

II

108,961

$115,225

$6,264

$48

$0

$6,216

Assistant Commissioner,

DAS

JJ

$115,225

$121,488

$6,263

$6,263

$0

$0

Commissioner,

DBEA

KK

$108,961

$124,606

$15,645

$15,645

$0

$0

Total Salary Per Fiscal Year

 

 

 

$448,026

$393,835

$0

$54,191

Total Benefits Per FY (19.8%)

 

 

 

$88,709

$77,979

$0

$10,730

Total Salary + Benefits Per FY

 

 

 

$536,735

$471,814

$0

$64,921

 

 

Difference

Source of Funds

       General            Federal              Other

Part I

$38,614

$14,265

$24,349

$0

Part II

$536,735

$471,814

$0

$64,921

TOTAL

$575,349

$486,079

$24,349

$64,921

 

84.5%

4.2%

11.3%

 

Note: Figures may vary due to rounding.

 

AGENCIES CONTACTED:

Departments of Administrative Services, Health and Human Services, Justice, Banking, Information Technology, and Business and Economic Affairs