April 2, 2007 — Three bills designed to streamline the Division of Personnel and the local Inspector General's Office cleared a Senate committee Monday, despite some opposition and a few concerns raised by both senators and testifiers.
Two of the bills are not new to the Senate's Committee on Government Operations and Consumer Protection, but neither was signed into law during the 26th Legislature. One gives the inspector general the authority to hire and fire his own employees, and another gives the director of Personnel the final say on all notices of personnel action (NOPAs) for classified employees.
The committee also unanimously passed a third bill authorizing the director of Personnel to implement staggered, or alternate, time schedules for government employees. While the flex-time policy is included in two major union contracts, the bill is designed to make sure the policy is formally "on the books," said the chairman of the committee, Sen. Shawn-Michael Malone.
All bills will move onto the Rules and Judiciary Committee for final approval. The next meeting is scheduled for April 12, according to Sen. Carlton "Ital" Dowe, Rules Committee chairman.
Division of Personnel
NOPAs have been a constant headache for both government officials and employees, often getting lost or misplaced on the journey from the various departments and agencies to the governor's office for final approval. On Monday, senators introduced a bill designed to clean up the process, mandating that NOPAs do not have to be signed by the governor unless they are for exempt employees or individuals working within the governor's office.
The bill was first presented in 2005 as amendment that was passed by the full Senate body, but vetoed by former Gov. Charles W. Turnbull.
While the bill as written does not directly conflict with provisions included in the Revised Organic Act, it may disrupt ongoing efforts made by the administration to revamp the government's hiring process, Personnel Director Kenneth Hermon Jr. said Monday.
Gov. John deJongh Jr. recently assembled an Executive Human Resources Management Committee to review current hiring practices, policies and procedures, Hermon said. "Our target is that a full plan as to how the executive hiring process will be streamlined will be completed in 90 days," he said.
While Hermon said he supported the intent of the bill, he also cautioned senators against passing specific mandates that limit the agency's flexibility. Senators rallied around the bill, however, saying that it would depoliticize the hiring process and help departments and agencies to fill vacant positions quickly.
"It seems to me that taking the governor out of the process in no way inhibits your division," said Sen. Basil Ottley Jr. "His signature is just a formality, and whatever kinks are in the system happen either from your level or below. So I see no reason in holding this."
The bill subsequently received a unanimous vote, with Sens. Liston Davis, Dowe, Juan Figueroa-Serville, Malone, Terrence "Positive" Nelson and Ottley voting in favor. Sen. Alvin L. Williams was absent.
The flex-time bill, sponsored by Sen. Liston Davis, would allow employees to work alternate hours, such as a 7 a.m.- 3 p.m. shift instead of the traditional 8 a.m.- 5 p.m. work schedule.
While the bill would make departments and agencies more efficient, Hermon said, he also told senators that flex-time schedules — which are provided for in two major union contracts — are currently being enforced by the Division of Personnel for employees who have requested a change in schedule.
Malone, one of the bill's primary sponsors, said the measure was designed to "ensure the continuity" of the policy, and make sure that it is not omitted from any future union contracts.
Inspector General
Monday's meeting was the third time that V.I. Inspector General Steven van Beverhoudt testified in favor of a bill that would give him the ability to hire and fire his own employees. The bill passed through two committees in the 26th Legislature, but was later incorporated into the ill-fated Omnibus Authorization Act, which did not make it to the floor for final consideration.
"Maybe the third time is the charm," van Beverhoudt said Monday.
The bill would ultimately allow his office to become an independent agency, similar to other public-auditing entities set up in Guam or the Northern Mariana Islands, Van Beverhoudt said. "We should be independent from the executive branch, since 99 percent of the audits we do relate to the executive branch," he explained.
While a majority of senators voted in favor of the bill, many also said they were concerned about severing the agency from the Division of Personnel's pay scale and personal-merit system.
"It is a conflict of interest when you're an appendage to the executive branch," Davis said. "But if you're seeking to be independent, maybe we should pass a bill to deal with that first and then we can deal with the issue of you appointing your employees."
At the end of the meeting, however, favorable votes came from Davis, Dowe, Figueroa-Serville, Malone and Nelson, while Ottley voted against it.
Also present during Monday's meeting were non-committee members Sens. Louis P. Hill and Usie R. Richards.
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