Session of 1998
                   
HOUSE BILL No. 2757
         
By Committee on Appropriations
         
1-30
            9             AN ACT concerning state employees; relating to disciplinary actions;
10             amending K.S.A. 75-2929d and 75-2949 and repealing the existing
11             sections.
12            
13       Be it enacted by the Legislature of the State of Kansas:
14           Section 1. K.S.A. 75-2929d is hereby amended to read as follows: 75-
15       2929d. (a) The state civil service board shall hear appeals taken to it
16       pursuant to: (1) K.S.A. 75-2940, 75-2949 and 75-3747 and amendments
17       thereto concerning demotion, dismissal or suspension of a permanent
18       employee in the classified service, or concerning refusal to examine an
19       applicant or to certify a person as eligible for a job class, and (2) K.S.A.
20       75-2973 and amendments thereto concerning disciplinary action in vio-
21       lation of that statute.
22           (b) When an appeal is taken to the board, the board shall establish a
23       time and a place for the hearing which shall be held within 45 days after
24       receipt of request for the appeal. The board shall notify the person bring-
25       ing the appeal and the appointing authority or other person whose action
26       is being reviewed of the time and the place of the hearing at least 14 days
27       prior to such hearing. Each party at the hearing shall have the right to be
28       represented by a person of the party's own choice. Hearings shall be
29       conducted in accordance with the provisions of the Kansas administrative
30       procedure act. For purposes of the administrative procedure act, the state
31       civil service board shall be deemed the agency head. The board may take
32       the following actions:
33           (1) Affirm the agency action;
34           (2) reverse the agency action;
35           (3) modify the duration of a suspension; or
36           (4) convert a demotion or dismissal into a suspension for a stated
37       period of time.
38           (c) The board, or the director of personnel services when authorized
39       by majority vote of the board, may take deposition of depose witnesses.
40       Either party to a hearing may depose witnesses in accordance with the
41       Kansas administrative procedure act. If books and papers are required to
42       be produced in advance of a hearing date, the person or agency producing
43       the books and papers shall be entitled to receive reasonable compensation

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  1       to recover all costs of such production from the person or agency for
  2       which they are produced. The board, any presiding officer or the director
  3       may examine such public records as may be required in relation to any
  4       matter which the board has authority to investigate.
  5           (d) Each person not in the classified or unclassified service who ap-
  6       pears before the board or the director by order shall receive for such
  7       person's attendance the fees and mileage provided for witnesses in civil
  8       actions in the district court, which. Such fees and mileage shall be audited
  9       and paid by the state upon presentation of proper vouchers. Each witness
10       subpoenaed at the request of parties other than the board or the director
11       shall be entitled to compensation from the state for attendance or travel
12       only if the board certifies that the testimony of such witness was relevant
13       and material to the matter investigated or, if such witness is not called to
14       testify, the board determines and certifies that such compensation should
15       be paid.
16           Sec. 2. K.S.A. 75-2949 is hereby amended to read as follows: 75-
17       2949. (a) An appointing authority may dismiss or demote any permanent
18       employee in the classified service when the appointing authority considers
19       that the good of the service will be served thereby and. For disciplinary
20       purposes, an appointing authority may suspend without pay a permanent
21       classified employee for a period not to exceed 30 calendar days, but. No
22       permanent employee in the classified service shall be dismissed, demoted
23       or suspended for political, religious, racial or other nonmerit reasons.
24           (b) Prior to dismissal, demotion or suspension of a permanent em-
25       ployee in the classified service, the appointing authority shall furnish the
26       employee by certified mail to the employee's last known address, return
27       receipt requested, or by personal delivery, a statement in writing specif-
28       ically setting forth the reasons and factual basis therefor. A copy of such
29       statement shall be furnished immediately to the director. This statement
30       shall contain notice of the proposed dismissal, demotion or suspension
31       and shall specify the proposed effective date thereof. Except as otherwise
32       provided in the Kansas civil service act, a proposed suspension, demotion
33       or dismissal shall become effective no less than three calendar days nor
34       more than 14 calendar days following the date the notice of such proposed
35       suspension, demotion or dismissal is personally delivered to the employee
36       or deposited with the post office as certified mail. If in the opinion of the
37       appointing authority conditions warrant, the appointing authority may re-
38       lieve the employee of duties or change the duties of the employee during
39       such period. If the employee is relieved from duty during such period,
40       the employee may be continued in pay status, or placed on leave of ab-
41       sence without pay by the appointing authority. In the statement proposing
42       suspension, demotion or dismissal, the appointing authority shall offer
43       the employee who is proposed to be suspended, demoted or dismissed

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  1       an opportunity to reply in writing, or appear in person, or both, before
  2       the appointing authority or a designated representative of the appointing
  3       authority, on the issue of the proposed suspension, demotion or dismissal
  4       prior to the time such suspension, demotion or dismissal is specified by
  5       the notice to become effective. The statement shall specify the date, time
  6       and place by, or at which, the employee may reply in writing or appear,
  7       or both. If the employee chooses to appear in person on the issue of the
  8       proposed action, the employee may be represented by a person of the
  9       employee's choice.
10           (c) Upon request by the employee, or upon the initiative of the ap-
11       pointing authority, the appointing authority may extend the time for reply
12       or appearance, or both, if the circumstances warrant. Notice of any such
13       extension shall be furnished to the employee and to the director of per-
14       sonnel services. The proposed suspension, demotion or dismissal shall not
15       become effective until after the extended period has expired.
16           (d) Following the employee's response to the opportunity to reply to
17       the proposed action, or upon expiration of the time for such reply, if no
18       reply is made, the appointing authority, or the designee of the appointing
19       authority, shall notify the employee of the final decision on the proposed
20       action. Such notice shall be in writing and shall be sent by certified mail
21       to the employee's last known address or personally delivered to the em-
22       ployee on or before the effective date of the proposed action. A copy of
23       the notice shall be furnished immediately to the director of personnel
24       services. This final notice of decision by the appointing authority or the
25       designee of the appointing authority, to suspend, demote or dismiss the
26       employee shall inform the employee of the employee's right to appeal
27       the decision to the state civil service board within 30 calendar days after
28       the effective date of the action.
29           (e) At any time prior to the effective date of the proposed suspension,
30       demotion or dismissal or, if an appeal is taken to the state civil service
31       board, at any time prior to the final decision of the board, the appointing
32       authority, or the designee of the appointing authority, may withdraw or
33       modify the action proposed to be taken or taken against the employee.
34       Notice of any such withdrawal or modification shall be given in writing
35       to the employee by certified mail to the employee's last known address
36       or by personal delivery. A copy of the notice shall be furnished immedi-
37       ately to the director of personnel services.
38           (f) Any permanent employee finally dismissed, demoted or sus-
39       pended, may request a hearing from the state civil service board to de-
40       termine the reasonableness of such action. Each such request for a hear-
41       ing shall be in writing and shall be submitted to the director of personnel
42       services filed in the office of the director of personnel services within 30
43       calendar days after the effective date of the dismissal, demotion or sus-

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  1       pension. Additional days shall not be added to the thirty-day period in
  2       which an appeal may be filed if the notice of the effective date of the
  3       dismissal, demotion or suspension is mailed to the employee. The board
  4       shall grant the employee a hearing in accordance with the provisions of
  5       the Kansas administrative procedure act within 45 calendar days after
  6       receipt of such request. At the hearing the burden of proof shall be upon
  7       the employee to establish that the appointing authority did not act rea-
  8       sonably in taking such action.
  9           (g) No employee shall be disciplined or discriminated against in any
10       way because of the employee's proper use of the appeal procedure.
11           (h) A permanent employee who is demoted pursuant to this section
12       need not meet the qualifications for the class of positions to which de-
13       moted if the appointing authority determines that the employee can rea-
14       sonably be expected to perform satisfactorily the duties of the position to
15       which the employee is demoted. A permanent employee who is demoted
16       pursuant to this section shall have permanent status in the class to which
17       demotion is made, effective on the date of the demotion.
18           (i) In case of a situation in which the possibility of proposing dis-
19       missal, suspension or demotion of a permanent employee is indicated,
20       but where the appointing authority needs time to conduct an investigation
21       before proposing such action, or in a situation where immediate removal
22       of an employee from such employee's job is needed to avoid disruption
23       of work, or for the protection of persons or property, or for a similar
24       reason, the appointing authority may relieve the employee of duties or
25       change the duties of the employee for a limited period and keep the
26       employee in pay status. The secretary of administration shall provide by
27       rules and regulations, adopted pursuant to K.S.A. 75-3706 and amend-
28       ments thereto, procedures to be followed in such cases.
29           Sec. 3. K.S.A. 75-2929d and 75-2949 are hereby repealed.
30           Sec. 4. This act shall take effect and be in force from and after its
31       publication in the statute book.
32      
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