HB 2362--
Session of 1997
By Representative Sloan

9 AN ACT concerning state officers and employees; relating to salaries and 10 wages and compensation for overtime work; prescribing certain rates 11 and procedures; amending K.S.A. 75-4322 and K.S.A. 1996 Supp. 75- 12 5537 and repealing the existing sections. 13 14 Be it enacted by the Legislature of the State of Kansas: 15 Section 1. K.S.A. 75-4322 is hereby amended to read as follows: 75- 16 4322. As used in this act: 17 (a) ``Public employee'' means any person employed by any public 18 agency, except those persons classed as supervisory employees, profes- 19 sional employees of school districts, as defined by subsection (c) of K.S.A. 20 72-5413, and amendments thereto, elected and management officials, and 21 confidential employees. 22 (b) ``Supervisory employee'' means any individual who normally per- 23 forms different work from his subordinates of such employee, having au- 24 thority, in the interest of the employer, to hire, transfer, suspend, lay off, 25 recall, promote, discharge, assign, reward, or discipline other employees, 26 or responsibly to direct them, or to adjust their grievances, or effectively 27 to recommend a preponderance of such actions, if in connection with the 28 foregoing the exercise of such authority is not of a merely routine or 29 clerical nature, but requires the use of independent judgment. A mem- 30 orandum of agreement may provide for a definition of ``supervisory em- 31 ployees'' as an alternative to the definition herein. 32 (c) ``Confidential employee'' means any employee whose unrestricted 33 access to confidential personnel files or other information concerning the 34 administrative operations of a public agency, or whose functional respon- 35 sibilities or knowledge in connection with the issues involved in the meet 36 and confer process would make his such employee's membership in the 37 same employee organization as other employees incompatible with his 38 such employee's official duties. 39 (d) ``Professional employee'' includes any employee: (1) Whose work 40 is predominantly intellectual and varied in character as opposed to routine 41 mental, manual, mechanical, or physical work; involves the consistent ex- 42 ercise of discretion and judgment; requires knowledge of an advanced 43 type in a field of science or learning customarily acquired by prolonged HB 2362

 1  study in an institution of higher learning; or (2) who has completed
 2  courses of prolonged study as described in paragraph (1) of this subsec-
 3  tion, and is performing related work under the supervision of a profes-
 4  sional person in order to qualify as a professional employee as defined in
 5  paragraph (1) of this subsection; or (3) attorneys-at-law or any other per-
 6  son who is registered as a qualified professional by a board of registration
 7  or other public body established for such purposes under the laws of this
 8  state.
 9    (e)  ``Elected and management officials'' means any elective official
10  and any appointed officer charged by law with major administrative and
11  management responsibilities.
12    (f)  ``Public agency'' or ``public employer'' means every governmental
13  subdivision, including any county, township, city, school district, special
14  district, board, commission, or instrumentality or other similar unit whose
15  governing body exercises similar governmental powers, and the state of
16  Kansas and its state agencies.
17    (g)  ``Governing body'' means the legislative body, policy board or
18  other authority of the public employer possessing legislative or policy-
19  making responsibilities pursuant to the constitution or laws of this state.
20    (h)  ``Representative of the public agency'' means the chief executive
21  officer of the public employer or his or her such officer's designee, except
22  when the governing body provides otherwise, and except in the case of
23  the state of Kansas and its state agencies. Such chief executive shall be
24  for counties, the chairman chairperson of the board of county commis-
25  sioners; for cities, the mayor, city manager or city superintendent; for
26  school districts, the president of the board of education; and for other
27  local units, such similar elected or appointed officer. In the case of the
28  state of Kansas and its state agencies, ``representative of the public em-
29  ployer'' means a team of persons, the head of which shall be a person
30  designated by the secretary of administration and the heads of the state
31  agency or state agencies involved or one person designated by each such
32  state agency head.
33    (i)  ``Employee organization'' means any organization which includes
34  employees of a public agency and which has as one of its primary purposes
35  representing such employees in dealings with that public agency over
36  conditions of employment and grievances.
37    (j)  ``Recognized employee organization'' means an employee organi-
38  zation which has been formally acknowledged by the public agency or
39  certified as representing a majority of the employees of an appropriate
40  unit.
41    (k)  ``Business agent'' means any authorized person who is a full-time
42  official of an employee organization and whose principal duties are to act
43  or to attempt to act for an employee organization: (1) in proceedings to
HB 2362

 1  meet and confer and other proceedings involving a memorandum of
 2  agreement,; (2) in servicing existing memorandums of agreement,; or (3)
 3  in organizing employees into employee organizations.
 4    (l)  ``Board'' means the public employee relations board established
 5  pursuant to this act.
 6    (m)  ``Meet and confer in good faith'' is the process whereby the rep-
 7  resentative of a public agency and representatives of recognized employee
 8  organizations have the mutual obligation personally to meet and confer
 9  in order to exchange freely information, opinions and proposals to en-
10  deavor to reach agreement on conditions of employment.
11    (n)  ``Memorandum of agreement'' means a written memorandum of
12  understanding arrived at by the representatives of the public agency and
13  a recognized employee organization which may be presented to the gov-
14  erning body of a public employer or its statutory representative and to
15  the membership of such organization for appropriate action.
16    (o)  ``Mediation'' means effort by an impartial third party to assist in
17  reconciling a dispute regarding conditions of employment between rep-
18  resentatives of the public agency and recognized employee organizations
19  through interpretation and advice.
20    (p)  ``Fact-finding'' means investigation of such a dispute by an indi-
21  vidual, panel, or board with the fact-finder submitting a report to the
22  parties describing the issues involved;. The report shall contain recom-
23  mendations for settlement and may be made public.
24    (q)  ``Arbitration'' means interpretation of the terms of an existing or
25  a new memorandum of agreement or investigation of disputes by an im-
26  partial third party whose decision may or may not be final and binding.
27  Arbitration is advisory when the results are not binding upon the parties;
28  it is final and binding when both parties, of their own volition, agree to
29  submit a dispute to, and to abide by the decision of, the impartial third
30  party.
31    (r)  ``Strike'' means an action taken for the purpose of coercing a
32  change in the conditions, rights, privileges or obligations of employment
33  through the failure by concerted action with others to report for duty or
34  to work at usual capability in the performance of the normal duties of
35  employment.
36    (s)  ``Lockout'' means action taken by the public employer to provoke
37  interruptions of or prevent the continuity of work normally and usually
38  performed by the employees for the purpose of coercing the employees
39  into relinquishing rights guaranteed by this act.
40    (t)  ``Conditions of employment'' means salaries, wages, hours of work,
41  vacation allowances, sick and injury leave, number of holidays, retirement
42  benefits, insurance benefits, prepaid legal service benefits, wearing ap-
43  parel, premium pay for overtime, shift differential pay, jury duty and
HB 2362

 1  grievance procedures, but. Nothing in this act shall authorize the adjust-
 2  ment or change of such matters which have been fixed by statute or by
 3  the constitution of this state.
 4    (u)  ``Grievance'' means a statement of dissatisfaction by a public em-
 5  ployee, supervisory employee, employee organization or public employer
 6  concerning interpretation of a memorandum of agreement or traditional
 7  work practice.
 8    (v)  ``Budget submission date'' means: (1) for any public employers
 9  subject to the budget law in K.S.A. 79-2925 et seq., and amendments
10  thereto, the date of July 1,; and (2) for any other public employer the date
11  fixed by law. ``Budget submission date'' means, in the case of the state
12  and its state agencies, the date of September 15.
13    (w)  ``Legislature'' means the legislature of the state of Kansas.
14    (x)  ``State agency'' means the same as is ascribed thereto in K.S.A.
15  75-3701, and amendments thereto.
16    Sec. 2.  K.S.A. 1996 Supp. 75-5537 is hereby amended to read as
17  follows: 75-5537. (a) Except as otherwise required by federal law or by
18  the provisions of this section, after December 31, 1994 June 14, 1997,
19  any rule and regulation relating to overtime compensation for state em-
20  ployees adopted by the secretary of administration shall provide that only
21  hours actually worked may be considered in determining whether over-
22  time compensation is due and the amount of overtime compensation due,
23  whether in the form of overtime pay or compensatory time off in lieu of
24  overtime pay. After December 31, 1994 June 14, 1997, to the extent that
25  any rule and regulation previously adopted by the secretary of adminis-
26  tration prior to the effective date of this act contains a provision contrary
27  to this section, that portion of the rule and regulation, and documents
28  pertaining to such portion of the rule and regulation, shall have no effect
29  and shall not be enforced.
30    (b)  Each state officer and employee shall receive overtime compen-
31  sation for any hours actually worked in excess of 83 hours in any fourteen-
32  day work period.
33    (c)  The hourly wage rate of each state officer or employee shall be
34  determined by dividing the annual rate of compensation by the amount
35  of 2,080 hours.
36    (d)  Each official state holiday which occurs within a regularly sched-
37  uled workweek shall be counted as time worked in determining the
38  amount of overtime work for state employees performing essential serv-
39  ices. As used in this subsection, ``state employees performing essential
40  services'' includes officers and employees of state agencies who are law
41  enforcement officers, as defined by K.S.A. 74-5602 and amendments
42  thereto, officers and employees of the department of corrections or any
43  state correctional institution or facility who are directly engaged in the
HB 2362

 1  daily operation of any such institution or facility or who are corrections
 2  officers or parole officers, as defined by K.S.A. 75-5202 and amendments
 3  thereto, officers and employees of the department of transportation who
 4  perform highway maintenance duties, officers and employees of the de-
 5  partment of social and rehabilitation services or any institution, as defined
 6  by K.S.A. 76-12a01, 76-12a18 or 76-12b01 and amendments thereto, who
 7  are directly engaged in the daily operation of any such institution, in-
 8  cluding security police officers under K.S.A. 76-12a16 and amendments
 9  thereto, and such other officers or employees of any state agency (1) who
10  are determined by the chief administrative officer of the state agency to
11  be performing services that are essential to permit the mission-critical
12  activities of the state agency to be accomplished, including, but not limited
13  to, any administrative, operations or maintenance personnel who are in-
14  volved in or who directly support such activities, or (2) who are deter-
15  mined by the secretary of administration to be performing services that
16  are essential to the public safety and welfare of the people of Kansas.
17    Sec. 3.  K.S.A. 75-4322 and K.S.A. 1996 Supp. 75-5537 are hereby
18  repealed.
19    Sec. 4.  This act shall take effect and be in force from and after its
20  publication in the Kansas register.