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NO. 145. AN ACT RELATING TO WORKFORCE REPORTS.

(H.838)

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1. 3 V.S.A. § 309(a)(19) is amended to read:

(19) Annually on or before January 15, the commissioner of personnel shall submit to the general assembly a report on the status of the state employee *[work force]* workforce. The report shall consolidate reports mandated by the general assembly, as well as other information regarding developments in state employment, including:

(A) Use of temporary employees.

(B) Use of limited service positions.

(C) Vacancies of more than six months’ duration.

(D) Use of emergency volunteer leave under section 265 of this title.

(E) Development of compensation plans.

(F) Developments in equal employment opportunity.

(G) Use of the position management system.

(H) Abolished or transferred classified and exempt state positions.

Sec. 2. 3 V.S.A. § 331 is amended to read:
§ 331. TEMPORARY EMPLOYEES

* * *

(e) *[An appointing authority may, in his or her sole discretion, give hiring preference to any person employed in a temporary capacity on or after July 1, 1993, who has been satisfactorily employed longer than six months and who otherwise meets minimum qualifications (including the passing of any required examination process), in the event that such employee's position is made permanent.]*

*[(f)]* Any party aggrieved by a decision of the commissioner under this section may request that the commissioner reconsider his or her decision. Such party may appeal the commissioner's reconsideration to the Vermont labor relations board pursuant to the rules of the board. Within 90 days of the filing of an appeal, the board shall determine if the commissioner of personnel abused his or her discretion under this section. If the board determines that there has been an abuse of discretion, the board shall remand the decision back to the commissioner and order that corrective action be taken within 90 days of the board's order. The commissioner, in his or her sole discretion, may replace the temporary employee with a permanent position, or eliminate the temporary position and grant reemployment rights if those rights would have been provided to a classified employee under the relevant collective bargaining agreement.

Sec. 3. REPEAL

Secs. 272a(g) and 273 of No. 147 of the Acts of 1998, relating to reporting on the position management system and abolition and transfer of classified and exempt state positions, are repealed.

Sec. 4. NURSING POSITIONS AT THE VERMONT VETERANS’ HOME

(a) Notwithstanding any other provisions of law, the commissioner of personnel is authorized to establish positions related to nursing care at the Vermont Veterans’ Home, provided that the home shall not exceed its authorization for budgetary expenditures. The creation of these positions shall be subject to revenues generated from patient care services and shall be based on generally accepted industry standards used to determine minimum staffing levels for its resident populations. The commissioner may establish procedures and criteria to ensure that the number of positions requested is consistent with need for the orderly operations of the facility and the full-time equivalent requirements for the resident population. The criteria will be established in conjunction with the agency of human services and any consulting management firm utilized by the home.

(b) On or before January 15, 2001, the commissioner of personnel and the Board of Trustees of the Vermont Veterans’ Home shall file a joint report with the general assembly, evaluating the program authorized by this section.

(c) This section is repealed on July 1, 2002.

Sec. 5. EARLY RETIREMENT EXTENSION

If the secretary of administration determines that an extension previously granted under the provisions of No. 76 of the Acts of 1996 (Early Retirement Offering), Sec. 2, and No. 66 of the Acts of 1998, Sec. 57, should be further extended in the interests of the state, an additional extension of not more than two years may be offered. Upon retirement, an employee subject to such extension shall be entitled to the benefits under said act.

Approved: May 23, 2000