House Bill 268 would make many "executive employees" at-will; sponsor says directors need that authority

Representative Josh Tanner introduced House Bill 268, saying the bill would expand the list of nonclassified (at-will) employees to include certain "executive employees" defined in the draft as decision-making staff equivalent to bureau chiefs.

"These are decision making people," Tanner said. "When it comes to spending, these are decisions when it comes to how we're going to operate a certain program." He said the change would let directors remove employees who make decisions that put the state at risk rather than move them between agencies or use lengthy probation procedures.

Members asked for details about scope and effects. Representative Akiles asked for tangible examples of "executive employee"; Tanner said the definition targets people with hiring-and-firing ability who regularly direct the work of two or more employees and are equivalent to bureau chiefs. He said directors themselves are already at-will and that the bill would affect the managerial level below directors. Representative Holtzclaw asked how many employees would be affected and whether benefits such as retirement or vacation would change; Tanner said he did not have an exact head count and that standard benefits would not change unless the employee were later fired.

Representative Ponca asked whether the change would discourage promotion; Tanner said he hoped it would not and that he wanted decision makers to understand they were not protected if they put the state at risk. Representative Scott said he supported the bill and moved that the committee send HB 268 to the floor with a 'do pass' recommendation.

The committee voted to send HB 268 to the floor with a do-pass recommendation by voice vote. The transcript records Representative Keeling asking to be recorded as voting no.