Session of 1997
HOUSE BILL No. 2362
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.
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
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
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
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
1 meet and confer and other proceedings involving a memorandum of
,; (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
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
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
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
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
19 Sec. 4. This act shall take effect and be in force from and after its
20 publication in the Kansas register.