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Personnel Appeals Board seeks first standalone operating budget after independence law
Summary
The Personnel Appeals Board described its role hearing disciplinary appeals from classified state employees and requested initial operating funds after becoming an independent agency by statute; the board asked for two part‑time positions and said initial startup costs make FY2026 larger than FY2027.
The Personnel Appeals Board told the Finance - Division I committee it is seeking its first operating budget now that state law made the board an independent agency.
"Well, good morning, Mr. Chairman and members of the committee. My name is Marilee Nighyen. I am a member of the Personnel Board of Appeals. I am accompanied here with our chairman, attorney Charles Russell," Marilee Nighyen said as she opened the presentation. She said the board was established in 1986 and, until this biennium, functioned as a component within the Division of Personnel.
The board outlined its duties and caseload. Nighyen said the panel conducts hearings on appeals from classified state employees who challenge disciplinary actions, and that the board receives "approximately 25 to 35 cases a year," with some cases requiring multiple days of testimony and lengthy deliberations. The board said it also handles prehearing conferences, motions, responses to Supreme Court and Right‑to‑Know requests, and periodic business meetings.
Nighyen told the committee the board's legislative change came through Senate Bill 487, which established the Personnel Appeals Board as an independent state agency. "Our budget request total for 2026 is $353,421," she said, and added that FY2026 is higher than FY2027 because it includes one‑time startup expenses such as office furniture, computers and other equipment.
The presentation noted routine operating costs and a modest staffing plan: two new part‑time positions, a program director and a paralegal, intended to provide basic administrative and legal support while limiting benefit costs. Nighyen said the staffing model was informed by the Public Employees Labor Relations Board, which has an executive director and paralegal on staff.
On compensation for board members, Nighyen said members receive a stipend of $400 per day for a day of hearings, and $200 every two weeks for work outside hearings, including preparation and writing decisions. She also told lawmakers the board historically has carried four members on staff rather than the authorized five, and at times has operated with only three members, the legal quorum, which reduces scheduling flexibility and delays hearings.
Committee members pressed for detail on staffing and continuity of services that had been supplied through the Department of Administrative Services (DAS) when the board was housed there. Nighyen said the board previously relied on DAS for space and administrative support and that, as an independent agency, it needs a dedicated address and phone so outside counsel and parties know where to file and contact the board.
The board provided no formal vote or decision during the hearing; the presentation was informational and focused on establishing the office, clarifying responsibilities, and explaining why one‑time startup costs make FY2026 higher than FY2027.
Looking ahead, Nighyen emphasized that the board needs a full complement of members to avoid delays and that part‑time staffing was intended to keep operating costs lean while meeting the board's quasi‑judicial duties.
