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F I S C A L I M P A C T R E P O R T





SPONSOR: Picraux DATE TYPED: 3/04/99 HB 215/aHAFC/aHFl#1
SHORT TITLE: Additional Due Process Termination Procedures SB
ANALYST: Pacheco-Perez


APPROPRIATION



Appropriation Contained
Estimated Additional Impact
Recurring

or Non-Rec

Fund

Affected

FY99 FY2000 FY99 FY2000
NFI NFI NFI

(Parenthesis ( ) Indicate Revenue Decreases)



SOURCES OF INFORMATION



Commission on Higher Education (CHE)



SUMMARY



Synopsis of Floor Amendment



This amendment removes the language "faculty and staff" and replaces it with "employees" and defines employees to be regular, full-time faculty or non-managerial or non-supervisory staff rehired for a second consecutive calendar year or a regular part-time faculty or non-managerial or non-supervisory staff member with two or more years of service. This amendment also defines "discharge" and "terminate" as the act of severing the employment relationship or not rehiring an employee for the ensuing year.



Synopsis of HAFC Amendment



This amendment adds language involving that costs of the arbitrator shall be shared equally between employer and employee.



Synopsis of Bill



This bill guarantees due process rights upon termination to faculty and staff at public post-secondary institutions. This bill gives a just cause standard upon institutions removing employees and lays out the minimum process which must be followed by the institutions when removing an employee.





Significant Issues



According to the CHE, unlike the public schools act which has a three year probationary period, this bills awards a type of "tenure upon hire" to all public post-secondary employees.



FISCAL IMPLICATIONS



There is no higher education funding associated with this bill.



OTHER SUBSTANTIVE ISSUES



According to the CHE, this bill does not differentiate between full-time, part-time or temporary employees.



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