Review of state executive department positions.

WORKING DRAFT

ORIGINAL HOUSE
BILL

NO.
0252

ENROLLED ACT NO. 75, HOUSE OF REPRESENTATIVES

SIXTY-FIRST LEGISLATURE OF THE STATE OF
WYOMING
2011 GENERAL SESSION

AN ACT relating to
administration of government; providing for
a study of
state
executive
department

positions;
providing for reports;

and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

(a)

The department of administration and information shall
conduct a study of

the classification and
identification of state executive branch employees and
the classification and identification of
persons employed as directors
, executive secretaries
and deputy directors by boards and commissions in
Wyoming
. The study shall review those positions which are identified as at-will positions and positions which serve at the pleasure of the governor, an agency head
or subordinate position,
or
a
board or commission. The study shall also review those positions which would be affected
by classifying or identifying
all
agency positions:

(i)

A
t the level of
division
administrator

or
equivalent and
higher level
s
of responsibility
a
s at
-
will
positions
;
and

(ii)

Board or commission director, executive secretary and deputy director positions as at-will positions; and

(ii
i
)

If the governor determines further review is appropriate, a
t the level of program manager or equivalent and higher levels of responsibility as at-will positions.

(b)

In determining positions which are equivalent to an administrator or program manager the
department
shall
consult with the governor's office and shall
consider
:

(i
)

The
rate of pay for the position;

(
ii
)

The need
of the agency to be
responsive in filling the position in order for the executive branch to fulfill service commitments to
Wyoming
citizens;

(
iii
)

D
uties
and responsibilities
of the position including accountability
and human relations requirements
;

(
iv
)

The supervisory role of the position
, if any,
and the number of employees supervised;

(
v
)

Knowledge, experience
and
skill
s in
problem solving required of the position
;

(vi)

The position based on the agency's organizational structure.

(
c
)

Th
e study shall
:

(i)

E
stimate
costs
a
ssociated with classifying and identifying positions as
at
-
will positions as
provided in this section;

(ii)

Determine a process and timeline for implementing any modifications of positions to at
-
will positions
;

(iii)

Consider any federal requirements for positions in programs that are partly federally funded.

(d)

As used in this section "a
gency" means any board, commission, council, committee or office in the executive branch of state government except the offices listed in W.S. 9
‑
2
‑
1704(a) and the
University
of
Wyoming
.

Section
2
.
The
study results shall be presented to the joint labor, health and social services interim committee and the
joint appropriations interim committee
not later than September 1, 2011. The committees shall review the study and
determine
whether the extension of at-will employment in the executive branch agencies
and boards and commissions
,
as specified in this act,
will enable the state to more
effectively or more
efficiently provide services to
Wyoming
citizens
.
The
joint labor, health and social services interim committee shall develop
legislation
for introduction
in the 2012 budget session as it determines appropriate to
achieve that goal
.
Any legislation developed shall be provided to the joint appropriations
interim
committee not later than December 1, 2011 for review and comment as th
at

committee
determines appropriate.

Section
3
.

This act is effective immediately upon co
m
pletion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constit
u
tion.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

1