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2000 SESSION

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SB 732 Department of Employee Relations Counselors; name changed.

Introduced by: Stephen H. Martin | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Department of Employee Relations Counselors; grievance procedure. Changes the name of the Department of Employee Relations Counselors to the Department of Employment Dispute Resolution. The bill also (i) authorizes the Director of the Department to hire hearing officers for grievance hearings through a competitive selection process, in addition to selecting hearing officers from the Supreme Court list, and allows the Director to establish policies for the removal of hearing officers deemed ineligible for continued selection; (ii) requires the Director to publish hearing officer decisions and Department rulings; (iii) authorizes appeals from a hearing officer's decision to the circuit court in which the grievance arose; (iv) requires the circuit court to render a final decision within 15 days from the close of the hearing; (v) provides that cost of the appeal shall not be borne by the Commonwealth or the grievant; (vi) requires the award of reasonable attorney fees and costs to the employee if the employee substantially prevails on the merits; (vii) clarifies the jurisdiction of the Court of Appeals to hear appeals from grievance hearings; (viii) requires that documents related to a grievance be made available by the opposing party upon request of a party to the grievance; and (ix) grants a records exemption from the Freedom of Information Act for information furnished in confidence to the Department with respect to an investigation, consultation, or mediation under the grievance procedure, and memoranda, correspondence and other records resulting from any such investigation, consultation or mediation. The bill contains technical amendments.

SUMMARY AS PASSED SENATE:

Department of Employee Relations Counselors; grievance procedure. Changes the name of the Department of Employee Relations Counselors to the Department of Employment Dispute Resolution. The bill also (i) authorizes the Director of the Department to hire hearing officers for grievance hearings through a competitive selection process, in addition to selecting hearing officers from the Supreme Court list, and allows the Director to establish policies for the removal of hearing officers deemed ineligible for continued selection; (ii) requires the Director to publish hearing officer decisions and Department rulings; (iii) authorizes appeals from hearing officers' decision to the circuit court in which the grievance arose; (iv) requires the circuit court to render a final decision within 15 days from the close of the hearing; (v) provides that cost of the appeal shall not be borne by the Commonwealth or the grievant; (vi) requires the award of reasonable attorney fees and costs to the employee if the employee substantially prevails on the merits and allows such award to the agency if the agency substantially prevails on the merits and the employees’ position is not substantially justified, unless special circumstances would make an award unjust, (vii) clarifies the jurisdiction of the Court of Appeals to hear appeals from grievance hearings; (viii) requires that documents related to a grievance be made available by the opposing party upon request of a party to the grievance; and (ix) grants a records exemption from the Freedom of Information Act for information furnished in confidence to the Department of Employee Relations Counselors with respect to an investigation, consultation, or mediation under the grievance procedure, and memoranda, correspondence and other records resulting from any such investigation, consultation or mediation. The bill contains technical amendments.

SUMMARY AS INTRODUCED:

Department of Employee Relations Counselors; grievance procedure. Changes the name of the Department of Employee Relations Counselors to the Department of Employment Dispute Resolution. The bill also (i) authorizes the Director of the Department to hire hearing officers for grievance hearings through a competitive selection process, in addition to selecting hearing officers from the Supreme Court list, and allows the Director to establish policies for the removal of hearing officers deemed ineligible for continued selection; (ii) requires the Director to publish hearing officer decisions and Department rulings; (iii) authorizes appeals from hearing officers' decision to the circuit court in which the grievance arose; (iv) requires the circuit court to render a final decision within 15 days from the close of the hearing; (v) provides that cost of the appeal shall not be borne by the Commonwealth or the grievant; (vi) clarifies the jurisdiction of the Court of Appeals to hear appeals from grievance hearings; (vii) requires that documents related to a grievance be made available by the opposing party upon request of a party to the grievance; and (viii) grants a records exemption from the Freedom of Information Act for information furnished in confidence to the Department of Employee Relations Counselors with respect to an investigation, consultation, or mediation under the grievance procedure, and memoranda, correspondence and other records resulting from any such investigation, consultation or mediation. The bill contains technical amendments.