Substitute House Bill No. 5822

Public Act No. 00-77

An Act Concerning The Office Of Labor Relations.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Subsection (a) of section 4-65a of the general statutes is repealed and the following is substituted in lieu thereof:

(a) There shall be an Office of Policy and Management which shall be responsible for all aspects of state staff planning and analysis in the areas of budgeting, management, planning, energy policy determination and evaluation, intergovernmental policy, criminal and juvenile justice planning and program evaluation. The department head shall be the Secretary of the Office of Policy and Management, who shall be appointed by the Governor in accordance with the provisions of sections 4-5, 4-6, 4-7 and 4-8, with all the powers and duties therein prescribed. The Secretary of the Office of Policy and Management shall be the employer representative (1) in collective bargaining negotiations concerning changes to the state employees retirement system and health and welfare benefits, and (2) in all other matters involving collective bargaining, including negotiation and administration of all collective bargaining agreements and supplemental understandings between the state and the state employee unions concerning all executive branch employees except (A) employees of the Division of Criminal Justice, and (B) faculty and professional employees of boards of trustees of constituent units of the state system of higher education. The secretary may designate a member of the secretary's staff to act as the employer representative in the secretary's place.

Sec. 2. Section 5-200 of the general statutes is amended by adding subsection (s) as follows:

(NEW) (s) Notwithstanding the provisions of this chapter, any matters involving collective bargaining shall be the responsibility of the Secretary of the Office of Policy and Management.

Sec. 3. Subsection (g) of section 5-202 of the general statutes is repealed and the following is substituted in lieu thereof:

(g) The first level of the preliminary review procedure preparatory to the filing of an appeal from an alleged grievable action other than dismissal, demotion or suspension shall be the aggrieved employee's supervisor or department chief or other employee as designated by the employee's appointing authority. Such aggrieved employee shall present [his] the employee's grievance in writing on a form developed by the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management and the Employee Review Board which form shall contain a statement of the date the alleged violation occurred and the relief sought in answer to the grievance. The first level designee shall give [his] said designee's answer to such employee within seven calendar days from the date the grievance is submitted to [him] said designee or within seven days from the date of a meeting convened for the purpose of reviewing the grievance, in which case such meeting shall be convened within seven calendar days from the date the grievance is submitted.

Sec. 4. Subsection (i) of section 5-202 of the general statutes is repealed and the following is substituted in lieu thereof:

(i) The third level of the preliminary review procedure preparatory to the filing of an appeal from an alleged grievable action including dismissal, demotion or suspension shall be the [Commissioner of Administrative Services or his] Secretary of the Office of Policy and Management or the secretary's designated representative. The employee, upon receiving a response at the second level which he deems to be unsatisfactory, may proceed to this level by presenting the same form containing the first and second level answers within seven calendar days from the date the answer was given at the second level, except in the case of a dismissal, demotion or suspension in which case such employee must present the form, completed but without answers at lower levels within thirty calendar days of the effective date of such action. The [Commissioner of Administrative Services or his] Secretary of the Office of Policy and Management or the secretary's designated representative shall reply to such employee within thirty calendar days from the date such grievance is received or within fifteen calendar days from the date of a meeting convened for the purpose of reviewing such grievance, in which case such meeting shall be convened within thirty calendar days from the date such grievance is received.

Sec. 5. Subsection (l) of section 5-202 of the general statutes is repealed and the following is substituted in lieu thereof:

(l) Either the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management or any employee aggrieved by a decision of the Employees' Review Board may appeal therefrom in accordance with section 4-183. The board may intervene as a party in any appeal of its decision. Any employee who prevails in a decision of the Employees' Review Board shall be entitled to recover court costs and reasonable attorney's fees if such decision is appealed by the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management and affirmed by the court in such appeal.

Sec. 6. Section 5-240 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) An appointing authority, subject to any regulations issued by the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management, may reprimand or warn an employee in the classified service under [his] the appointing authority's jurisdiction or suspend such an employee without pay or with reduced pay for an aggregate period not exceeding sixty calendar days in any calendar year. For any employee not included in any collective bargaining unit of state employees, any written reprimand or warning shall be included in the employee's personnel file and, if not merged in the next service rating, shall be expunged after twelve months from the date of reprimand or warning. Any such written reprimand or warning may be reviewed in accordance with the procedures established in subsections (g) and (h) of section 5-202, as amended by this act.

(b) An appointing authority, subject to any regulations issued by the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management, may demote an employee in the classified service under [his] the appointing authority's jurisdiction from a position in any given class or grade to a position in a lower class or grade. The appointing authority shall give the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management or the secretary's designated representative written notice of [his] the authority's intention to effect any such demotion not less than two weeks before the date it is intended to become effective. The [Commissioner of Administrative Services] Secretary of the Office of Policy and Management may transfer such an employee whose record is otherwise satisfactory to a position under the jurisdiction of another appointing authority, with the approval of such other appointing authority.

(c) An appointing authority may dismiss any employee in the classified service when [he] the authority considers the good of the service will be served thereby. A permanent employee shall be given written notice of such dismissal at least two weeks in advance of [his] the employee's dismissal, except as hereinafter provided, and a copy of the same shall be filed with the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management or the secretary's designated representative. Such notice shall set forth the reasons for dismissal in sufficient detail to indicate whether the employee was discharged for misconduct, [incompetency] incompetence or other reasons relating to the effective performance of his duties and shall be prepared in such form and given in such manner as the commissioner prescribes. The [Commissioner of Administrative Services] Secretary of the Office of Policy and Management may provide by regulation for the waiving of advance notice in cases of serious misconduct by an employee affecting the public, the welfare, health or safety of patients, inmates or state employees or the protection of state property. Such regulation shall provide for written notice to a permanent employee who has attained permanent status and shall not preclude whatever rights any employee may have to appeal. The name of any such employee dismissed for [incompetency] incompetence or other reasons relating to the effective performance of his duties shall be immediately removed from the eligible list in the office of the Commissioner of Administrative Services.

(d) An appointing authority, subject to any regulations issued by the Secretary of the Office of Policy and Management, may lay off any employee in the classified service as provided in section 5-241.

Sec. 7. This act shall take effect from its passage.

Approved May 16, 2000