SB 146 Creates the "Public Employee Due Process Act"
Sponsor: Bray
LR Number: 0438S.01I Fiscal Note:
Committee: Financial & Governmental Organizations and Elections
Last Action: 1/17/2007 - Second Read and Referred S Financial & Governmental Organizations and Elections Committee Journal Page: S114
Title: Calendar Position:
Effective Date: August 28, 2007

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Current Bill Summary

SB 146 - This act revises provisions concerning public employees and appointed officials, and creates the "Public Employee Due Process Act".

This act prohibits public employees from appealing a dismissal or demotion if an employee has a right to appeal under the State Personnel Law (Merit System)or if the employee is in a policymaking position without a right to appeal.

Public bodies must serve written notice upon employees they intend to terminate, discipline, or demote. The notice must contain the grounds for the intended action, and notification of the right to request a hearing. If the charges are based on inefficiency, incompetence, or insubordination, the public body must provide the employee with a four-month remediation plan before charging the employee.

If a hearing is requested, it shall take place at least sixty days after the charges are served, and the decision will be based on the doctrine of just cause. The act contains provisions concerning the hearing process by the Labor and Industrial Relations Commission, including the selection of a hearing officer, disclosure of witnesses, and representation.

Officials who are required to be appointed by the governor cannot appeal their removal.

Under the act, permanent teachers must be notified of their right to a hearing by the Board of Education or the Labor and Industrial Relations Commission, and their right to request such a hearing.

This act is similar to SB 829 (2004), SB 120 (2005), and SCS/SB 734 (2006).