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CONSTITUTIONAL OFFICERS' GENERAL
POWERS & DUTIES; EMPLOYMENT LAW
Failed Legislation
HOUSE BILL 67
Attorneys' fees; civil rights violations by Commonwealth.
Patron: A. Donald McEachin
Summary: Allows a plaintiff attorneys' fees
against the Commonwealth if a court finds that the Commonwealth
deprived any person of his due process or equal protection guarantees
and specifically includes any action on the part of the government
which (i) discriminates against any person on the basis of his
race, religion, or gender or (ii) violates the fundamental right
and duty of a parent to direct the upbringing of the parent's
child.
HOUSE BILL 634
Labor and employment; governmental employee associations.
Patron: L. Karen Darner
Summary: Permits employees of the Commonwealth,
its political subdivisions, or any governmental agency of any
of them, to form associations for the purpose of discussing their
interests with their employing agencies whenever such agencies
agree to engage in such discussions. Current law permits these
governmental employees to form such associations for the purpose
of promoting their interests before their employing agencies.
Note: This was opposed with the argument that
it is "meet and confer" by another name.
HOUSE BILL 1027
Local taxes; use of professional accounting firms for audits.
Patron: Thelma Drake
Summary: Allows commissioners of the revenue
to hire professional accounting firms to assist with local tax
audits, provided they are not done on a contingency fee basis.
HOUSE BILL 1225
Religious and charitable matters; religious freedom preserved.
Patron: A. Donald McEachin
Summary: Provides that no government entity
shall substantially burden a person's free exercise of religion
except if (i) the government entity proves that application of
the restriction to the person is essential to further a compelling
governmental interest and (ii) the proposed action is the least
restrictive means of furthering that interest. "Government
entity" as defined under the bill includes state and local
governments and those officials acting under color of state law.
The bill provides that a person whose exercise of religious freedom
has been burdened may assert a claim of violation in a judicial
proceeding and the court may grant appropriate relief, including
attorney's fees.
Note: This bill has been adamantly opposed
by state and local governments as potential invitation to an
outpouring of litigation, particularly given the bill's provision
for attorneys' fees.
HOUSE BILL 1544
State grievance procedure; unfair performance evaluations.
Patron: A. Donald McEachin
Summary: Adds unfair or unjust performance
evaluations for which a grievance may be held. Currently, only
arbitrary or capricious performance evaluations are eligible
for a grievance hearing.
SENATE BILL 214
Personnel administration; preference for veterans for employment
with the Commonwealth.
Patron: Phillip P. Puckett
Summary: Provides for a preference for veterans
who apply for employment with the Commonwealth and requires that
such preference be applied in a manner consistent with federal
and state law. Under the bill, intentional violation of the veteran's
preference constitutes malfeasance in office subjecting the officer
responsible for the violation to suspension or removal from office.
In addition, the bill provides that if a reduction in force is
necessary in a state agency and personnel are discharged according
to seniority, the number of years of service of any veteran shall
be determined by adding that veteran's total years of service
in state government service to his total years of service as
a member of the armed forces of the United States. The bill also
provides for a veteran who has been denied employment with the
Commonwealth to file a complaint with the Director of the Department
of Personnel and Training and gives such veteran standing to
file an action in general district or circuit court based on
an alleged failure to comply with the veteran's preference provisions.
The bill further requires the Department to develop personnel
policies relating to the implementation of the veteran's preference
including (i) allowing any veteran who has been denied employment
with the Commonwealth to file a complaint with the Department
within 60 days of the denial and (ii) providing for the Department
to investigate and attempt resolution of all such complaints
within 60 days of receipt.
SENATE BILL 448
Religious and charitable matters; religious freedom preserved.
Patron: William C. Mims
Summary: See HB 1225, above, which is identical.
SENATE BILL 678
Pro tempore judges.
Patron: J. Randy Forbes
Summary: Grants the authority for the appointment
of district court judges to the Governor, instead of the circuit
court judges, during recess of the General Assembly.
SENATE BILL 716
Unlawful employment practices; sexual orientation.
Patron: Mary Margaret Whipple
Summary: Prohibits employers employing more
than five but less than fifteen persons from discharging an employee
on the basis of sexual orientation.
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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