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CONSTITUTIONAL OFFICERS' GENERAL
POWERS & DUTIES; EMPLOYMENT LAW
Passed Legislation
HOUSE BILL 644
Virginia Human Rights Council; issuance of subpoena duces tecum.
Patron: Jo Ann S. Davis
Summary: Clarifies that employers covered under the Human
Rights Act are subject to the procedure provided to the Council
for issuance of subpoena duces tecum.
Note: It appears that this subpoena power would extend to
governmental employers, as well.
HOUSE BILL 828
Division of Risk Management.
Patron: Frank D. Hargrove, Sr.
Summary: Transfers Division of Risk Management, currently
within the Department of General Services, to the Department
of the Treasury. The bill also contains technical amendments
related to this transfer.
Note: Identical to SB 479, below.
HOUSE BILL 841
Notice of referendum question on county police force.
Patron: Jo Ann S. Davis
Summary: Provides that the notice shall contain the ballot
question and a statement of not more than 500 words on the proposed
question. The explanation shall be presented in plain English,
shall be limited to a neutral explanation, and shall not present
arguments by either proponents or opponents of the proposal.
The county may expend public funds to provide neutral information,
but shall not use public funds to promote a particular position
on the question, either in the notice or in any other distribution
of information to the public.
Note: The bill contains some important safeguards to prevent
county boards from "lobbying" with public funds to
abolish the law enforcement duties of the sheriff. One concern
arises from the fact that the "neutral explanation"
is to be prepared by the county attorney - the appointee of the
governing body seeking to remove the sheriff's law enforcement
powers in the first place.
HOUSE BILL 1065
Department of Planning and Budget; performance budgeting.
Patron: Roger J. McClure
Summary: Includes as additional duties of the Department of
Planning and Budget the (i) development, coordination and implementation
of a performance management system involving strategic planning,
performance measurement, evaluation, and performance budgeting
within state government; and (ii) development, implementation
and management of an Internet-based information technology system
to ensure that citizens have access to performance information.
The bill also calls for the establishment of a Performance Management
Advisory Committee to provide input regarding the direction and
results of the state's performance management efforts.
Note: As passed, the bill applies only to state agencies.
HOUSE BILL 1124
Legal holidays; Lee-Jackson Day and King Day.
Patron: William P. Robinson, Jr.
Summary: Designates the Friday preceding the third Monday
in January as Lee-Jackson Day. The bill redesignates the third
Monday in January as Martin Luther King, Jr., Day.
HOUSE BILL 1126
Disclosure of certain employment information.
Patron: Beverly J. Sherwood
Summary: Provides that any employer who, upon request by a
person's prospective or current employer, provides information
about that person's professional conduct, reasons for separation
or job performance, including information contained in any written
performance evaluations, shall be immune from civil liability,
provided that the employer is not acting in bad faith or with
reckless disregard for whether the information is false. Punitive
damages may be awarded if the employer acts in bad faith.
Note: The bill explicitly covers the Commonwealth and its
political subdivisions, as well as private employers.
HOUSE BILL 1177
Department of Employee Relations Counselors; grievance procedure.
Patron: John S. (Jack) Reid
Summary: 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) 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 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.
Note: The revisions in the state grievance procedure are interesting;
constitutional officers are NOT covered by the state procedure.
HOUSE BILL 1262
Local personnel systems.
Patron: Thomas W. Moss, Jr.
Summary: Allows localities, notwithstanding the provisions
of a local charter, to establish a personnel system for local
administrative officials and employees based on merit and professional
ability. Such system shall consist of rules and regulations that
provide for the general administration of personnel matters,
a classification plan for employees, a uniform pay plan, and
a procedure for resolving grievances of employees as provided
by general law.
SENATE BILL 479
Division of Risk Management.
Patron: Stephen H. Martin
Summary: See HB 828, above, which is identical.
SENATE BILL 579
State employees; defense of such persons.
Patron: Walter A. Stosch
Summary: Provides that any state agency, board, or other employer
of a state employee, other than an agency head, may employ counsel
to defend such person when he is investigated of a crime, arrested,
indicted, or otherwise prosecuted on any charge arising out of
his official duties. The state entity must first make a preliminary
finding that (i) the employee did not violate any law, ordinance
or regulation as a result of the act in question, and (ii) the
employee will not be terminated from employment as a result of
such act. In addition, the Attorney General must approve of the
counsel hired and the reasonable compensation to be paid to such
counsel. Compensation for counsel will be paid out of the funds
appropriated for the state agency, board, or other employer of
the state employee.
Note: Applies only to state employees.
SENATE BILL 672
Legal holidays; Lee-Jackson Day and King Day.
Patron: Emmett W. Hanger, Jr.
Summary: See HB 1124, above, which is identical.
SENATE BILL 732
Department of Employee Relations Counselors; grievance procedure.
Patron: Stephen H. Martin
Summary: See HB 1177, above, which is identical.
Further Information
Alan Albert: 757/624-3055 (Norfolk), 804/697-1368 (Richmond)
E-mail: aalbert@maysval.com
Anne Leigh Kerr: 804/697-1465
E-mail: alkerr@maysval.com
(c) 2000 Virginia Association of Local Elected Constitutional
Officers.
This report may not be reproduced in whole or in part without
the written permission of the copyright holder.
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