SB 734 - Bray, Joan
Creates the "Public Employee Due Process Act"
Bill Details
Sponsor
LR Number
3641S.01I
Title
SB 734
House Handler
N/A
Journal Page
Effective Date
August 28, 2006
Current Status
Second Read and Referred S Pensions, Veterans' Affairs and General Laws Committee
Quick Links
Amendments
No amendments available
CURRENT BILL SUMMARY
SB 734 -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 state board of mediation, 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 state board of mediation and their right to request such a hearing.
This act is identical to SB 829 (2004) and SB 120 (2005).
CHRIS HOGERTY