Boss Tweed’s bill to do away with the civil service merit selection system in committee today

Posted by AzBlueMeanie:

Rep. Justin Olson introduced Gov. Jan Brewer’s "personnel reforms" plan on Tuesday, less than 48 hours before the 275-page bill will be heard in committee on Thursday (today). They really didn't want the public to know what was in this bill before Tea-Publicans ram it through and jam it through committees to a final vote on fast-track approval, do they?

The Arizona Capitol Times (subscription required) reports Brewer unveils personnel plan:

The plan, a strike-everything amendment to Olson’s HB2571, will require most new state employees to be at-will, or “uncovered” by civil service protections, meaning they can be fired for essentially any reason. At-will employees would lose many of the rights that covered employees have to appeal disciplinary actions against them.

The 36,000 state employees who are currently covered would retain merit protection, as the practice is known, but Brewer has said the state will offer 5 percent raises to any employee who voluntarily becomes at-will.

Otherwise known as a bribe to forgo their employee rights under the economic duress of not having received a pay raise in years. Duress is a defense to the essential element of the "meeting of minds" in contract formation, negating consent. If one is successful in proving that the contract is vitiated by duress, the contract may be rescinded, since it is then voidable. This invites litigation.

UPDATE: There is another issue of contract formation, offer and acceptance. If an employee agrees to forfeit their rights they get the raise, right? Not so fast."Scott Smith, a deputy chief of staff for Brewer, conceded that HB 2571, as it currently exists, has no funding for that. And he said it is possible lawmakers may not approve a pay hike at all." That would make this a fraudulent scheme.

[A]ll new hires, supervisors, attorneys and IT employees would be uncovered, and covered employees would have to become at-will to get promotions.

Ditto, above.

The proposal would also eliminate personnel policies based on seniority, consolidate nine state personnel systems and eliminate the State Personnel Board’s ability to modify disciplinary actions against state employees.

This provision has unintended consequences. The legislature may take away civil service protection, but a public employee doesn’t lose his or her liberty interest in their reputation or their property interest in their job. Both are constitutional claims that can lead to a lawsuit any time a public employee loses his or her job. The civil service system actually avoids such lawsuits. Where public employees are afforded the civil service system appeal process, it is very difficult to sue and to win. Again, this invites litigation.

The at-will plan would exempt law enforcement and correctional officers, though it would replace the Law Enforcement Merit Council and replace it with a new five-member Law Enforcement Personnel Board.

Brewer’s proposal would limit overtime pay to law enforcement or probation employees, unless mandated by the federal government.

The House Employment and Regulatory Affairs Committee will meet on Thursday, February 16 at 2:00 p.m.  in HHR 3. Agenda.