House Bill 268 would make certain executive-level state employees at-will; committee sends bill to floor

Representative Josh Tanner, sponsor of House Bill 268, told the House State Affairs Committee the bill "deals with non classified employees and just expanding that list to executive employees." Tanner said the bill would make the executive-employee classification nonclassified—meaning at-will—so managers such as bureau chiefs who make program and spending decisions could be dismissed without using classified-employee procedures.

Tanner said the proposal targets "decision-making people" in agencies and that directors are already at-will. "These are decision making people within the executive branches," he said, adding that the change would permit agency leaders to remove employees who "made bad decisions" without lengthy classified-employee procedures.

Committee members asked how many employees would be affected and whether benefits such as PERSI, vacation or other accruals would change. Tanner said he did not have an exact count and that benefits would not change unless the employee were fired: "That still doesn't affect anything unless they are fired. Unless they do a bad job and then they get fired I think then they're Percy potentially could be at risk" (transcript phrasing). Several members expressed concern about whether the change would discourage promotions; Tanner replied he did not expect that outcome and said the change was intended to hold decision-makers accountable.

Representative Scott moved that the committee send House Bill 268 to the floor with a due-pass recommendation. The committee adopted the motion on a voice vote; later the record shows Representative Keeling asked to be recorded voting no on House Bill 268. No amendments were adopted during the committee action at this meeting.