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Committee conditionally approves personnel rule on bumping and same-day-off discretion
Summary
The committee conditionally approved personnel readoption items that clarify 'bumping' and give appointing authorities discretion when two employees request the same day off; agency representatives said seniority applies 'all things being equal' but exceptions may be made for compelling circumstances.
The committee granted conditional approval to a personnel rule package that addresses "bumping," layoff-review procedures and language governing when two employees request the same day off.
Staff summarized informational comments, noting a new definition of "bumping" and that some language clarifying the director's review of layoffs is in the rule text rather than a form. The central unresolved comment concerned an ambiguous catchall phrase that allows an appointing authority discretion when two or more employees request the same day off.
Matt Mavigeorge, director of personnel, said agencies historically apply seniority when requests are otherwise equal but left room for appointing authorities to consider factors such as compassionate or operational differences. "Assuming everything else is equal between these two employees, what we're looking at is how long they've been in the department," he told the committee.
Kevin Buckley, attorney for the Department of Administrative Services, and staff said the language reflected established practice; legislators pressed how exceptional circumstances would be treated. One legislator raised the example of an employee with a terminally ill child — Mavigeorge said that would be a circumstance demonstrating inequality between requests.
Representative Groot moved to approve 25 1 10 and Representative Lynn seconded; the committee approved the rule by voice vote.
The conditional approval preserves the current application of seniority while recognizing appointing-authority discretion where requests are not equal.
