Kansas Legislator Briefing Book 2015

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K a n s a s L e g i s l a t i v e R e s e a r c h D e p a r t m e n t Kansas Legislator Briefing Book 2015 S-1 Veterans and Military Personnel Benefits S-2 State Employee Issues S-3 Indigents Defense Services S-4 Joint Committee on Special Claims Against the State S-5 Senate Confirmation Process Dylan Dear Managing Fiscal Analyst 785-296-3181 Dylan.Dear@klrd.ks.gov State Government S-2 State Employee Issues This report discusses a variety of issues regarding state employees, including an explanation of classified and unclassified employees, benefits provided to state employees, recent salary and wage adjustments authorized by the Legislature, general information on the number of state employees, and the characteristics of the classified workforce. Classified and Unclassified Employees. The state workforce is composed of classified and unclassified employees. Classified employees comprise nearly two-thirds of the state workforce, while unclassified employees comprise the remaining one-third. Classified employees are selected through a competitive process, while unclassified positions can be filled through direct appointment, with or without competition. While unclassified employees are essentially at will employees who serve at the discretion of their appointing authority, classified employees are covered by the merit or civil service system, which provides additional employment safeguards. All actions including recruitment, hiring, classification, compensation, training, retention, promotion, discipline, and dismissal of state employees shall be: Based on merit principles and equal opportunity; and Made without regard to race, national origin or ancestry, religion, political affiliation, or other non-merit factors and shall not be based on sex, age, or disability except where those factors constitute a bona fide occupational qualification or where a disability prevents an individual from performing the essential functions of a position. Employees are to be retained based on their ability to manage the duties of their position. State Employee Benefits. Among the benefits available to most state employees are medical, dental, and vision plans; long-term disability insurance; deferred compensation; and a cafeteria benefits plan, which allows employees to pay dependent care expenses and nonreimbursable health care expenses with pre-tax dollars. In addition, state employees accrue vacation and sick leave. The vacation leave accrual rate increases after 5, 10, and 15 years. In general, the state also provides nine to ten days of holiday leave for state employees. Retirement Plans. Most state employees participate in the Kansas Public Employees Retirement System (KPERS). Employees contributions

Kansas Legislative Research Department occur bi-weekly based on salary. The amount of the contribution varies between 4.0 percent and 6.0 percent depending on the date of hire. The state contribution is set by law each year. In addition to the regular KPERS program, there are plans for certain law enforcement groups, correctional officers, judges and justices, and certain Regents unclassified employees. Contributions from both the employee and the state differ from plan to plan. Characteristics of State Employees. In FY 2013, a profile of classified and unclassified state employees reflects the following: The average classified employee: is 47 years of age; has 13 years of state service; and earns an average annual salary of $37,805. The average unclassified employee: is 47 years of age; has 11 years of state service; and earns an average annual salary of $59,330. Compensation of State Employees. Kansas statutes direct the Director of Personnel Services, after consultation with the Director of the Budget and the Secretary of Administration, to prepare a pay plan for classified employees, which shall contain a schedule of salary and wage ranges and steps. The statutes also provide, however, that this pay plan can be modified by provisions in an appropriation bill or other act. When the Governor recommends step movement on the classified pay plan and a general salary increase, or both, funding equivalent to the percentage increase for classified employees generally is included in agency budgets to be distributed to unclassified employees on a merit basis. The previous Kansas Civil Service Basic Pay Plan consisted of 34 pay grades, each with 13 steps; The difference between each step was approximately 2.5 percent, and the difference between each salary grade was approximately 5.0 percent; Employees typically are hired into a job at the minimum of the salary grade; and Until recently, assuming satisfactory work performance, the classified employees 2015 Briefing Book would receive an annual 2.5 percent step increase, along with any other general adjustment in salary approved by the Legislature. No classified step movement was recommended or approved from FY 2001 to FY 2006. In FY 2007, the Legislature approved a 2.5 percent step movement, effective September 10, 2006. There has been no further step movement since FY 2009. New Classified Employee Pay Plans. The 2008 Legislature established five new pay plans for Executive Branch classified state employees and authorized multi-year salary increases for classified employees, beginning in FY 2009, who are identified in positions that are below market in salary. The legislation enacted the recommendations of the State Employee Oversight Commission s five basic pay plans for classified employees. The exact provisions of the five pay plans are not specified by the legislation, but there is a reference to the pay plans as recommended by the State Employee Oversight Commission. The five pay plans, as recommended by the State Employee Oversight Commission, include: Basic Vocational Pay Plan (3,844 employees in 57 classifications) that is a step plan, but with more narrow pay grades than previously existed; Classified Pay Plan (11,917 employees in 282 classifications) that is a hybrid model with movement based on steps up to market and an open range, regulated through the use of zones, beyond market, and would include such classes as Human Service Specialists and Mental Health Developmental Disability Technicians; Management Pay Plan (256 employees in 20 classifications) that has open pay grades with pay movement based in position-in-range and performance, and would include such classes as public service executives and corrections managers; Professional Individual Contributor Pay Plan (2,751 employees in 130 2 S-2 State Employee Issues

2015 Briefing Book Kansas Legislative Research Department classifications) that is an open range model with market anchors and would include such classes as nurses and scientists; and Protective Services Pay Plan (3,215 employees in 42 classifications) that is a step model and would include such classes as uniformed officers of the Department of Corrections and the Kansas Highway Patrol. The legislation authorized a four-year appropriation totaling $68.0 million from all funds, including $34.0 million from the State General Fund, for belowmarket pay adjustments (excluding the FY 2009 appropriation of $16.0 million). Due to budgetary considerations, the appropriation for FY 2012 was eliminated, bringing the total appropriation to $58.7 million. The State Finance Council approved an appropriation of $11.4 million, including $8.1 million from the State General Fund for FY 2013. The legislation also created the State Employee Pay Plan Oversight Committee. The Oversight Committee included seven voting members and two non-voting ex officio members: One member appointed by the President of the Senate; Two members appointed by the Speaker of the House; One member appointed by the Minority Leader of the Senate; One member appointed by the Minority Leader of the House; Two members appointed by the Governor, with at least one being a representative of a state employee labor union; and Two non-voting ex officio members: the Secretary of Administration or the Secretary s designee, and the Secretary of Labor or the Secretary s designee. At least one member of the Oversight Committee is required to be a member of the Senate and one member is required to be from the House of Representatives. The Oversight Committee is required to annually report to the Legislature at the beginning of each legislative session on the progress made in the development, implementation, and administration of the new pay plans and the associated performance management process. The Oversight Committee will sunset on July 1, 2014. Finally, the legislation codified a compensation philosophy for state employees. The philosophy was crafted by the State Employee Pay Philosophy Task Force and endorsed by the State Employee Compensation Oversight Commission during the 2007 interim period. The pay philosophy includes: The goal of attracting and retaining quality employees with competitive compensation based on relevant labor markets; A base of principles of fairness and equity to be administered with sound fiscal discipline; and An understanding that longevity bonus payments shall not be considered as part of the base pay for classified employees. S-2 State Employee Issues 3

Kansas Legislative Research Department 2015 Briefing Book The following table reflects classified step movement and base salary increases since FY 1997: Fiscal Year 1997 Step Movement: 2.5 percent 1998 Step Movement: 2.5 percent Base Adjustment: 1.0 percent 1999 Step Movement: 2.5 percent Base Adjustment: 1.5 percent 2000 Step Movement: 2.5 percent Base Adjustment: 1.0 percent 2001 Step Movement: 2.5 percent Salary Adjustment 2002 Step Movement: None Base Adjustment: 3.0 percent, with 1.5 percent effective for full year, and 1.5 percent effective for half a year 2003 Step Movement: None 2004 Step Movement: None Base Adjustment: 1.5 percent effective for last 23 pay periods 2005 Step Movement: None Base Adjustment: 3.0 percent 2006 Step Movement: None Base Adjustment: 2.5 percent, with 1.25 percent effective for full year, and 1.25 percent effective for half a year 2007 Step Movement: 2.5 percent, effective September 10, 2006 Base Adjustment: 1.5 percent 2008 Step Movement: None Base Adjustment: 2.0 percent 2009 Step Movement: None Base Adjustment: 2.5 percent Below Market Salary Adjustments 2010 Step Movement: None Below Market Salary Adjustments 2011 Step Movement: None Below Market Salary Adjustments 2012 Step Movement: None 2013 Step Movement: None 2014 Step Movement: None Employee Bonus: $250 Bonus 4 S-2 State Employee Issues

2015 Briefing Book Kansas Legislative Research Department FY 2014. The 2014 Legislature approved a total of 37,432.5 full-time equivalent (FTE) positions, a net decrease of 341.0 positions below the FY 2014 revised number. Major adjustments include a reduction of 40.0 vacant FTE positions at the Department of Labor, a reduction of 114.0 vacant FTE positions at the Department for Children and Families, a reduction of 15.0 vacant FTE positions at the Adjutant General, and the conversion of 246.0 FTE positions in the Department of Transportation to Non-FTE unclassified permanent positions. The 2014 Legislature approved a $250 bonus for all full-time employees with the exception of elected officials who were employed from November 25, 2013 to November 21, 2014. Full-time equivalent (FTE) positions are permanent positions, either full-time or part-time, but mathematically equated to full-time. For example, two half-time positions equal one full-time position. Non-FTE unclassified permanent positions are essentially unclassified temporary positions that are considered permanent because they are authorized to participate in the state retirement system. The following chart reflects approved FY 2014 FTE positions by function of government: Public Safety 4,840 Human Services 6,6010 Highway/Other Transportation 2,303 General Government 4,963 Education 18,284 Agriculture and Natural Resources 1,034 Largest Employers. The following table lists the ten largest state employers and their numbers of FTE positions: Agency FTE Positions University of Kansas 5,342 Kansas State University 4,902 Children and Families, Department for 2,647 University of Kansas Medical Center 2,632 Transportation, Department of 2,302 Wichita State University 1,950 Judicial Branch 1,859 Revenue, Department of 944 Larned State Hospital 937 Pittsburg State University 935 * Source: 2014 IBARS Approved S-2 State Employee Issues 5

Kansas Legislative Research Department 2015 Briefing Book For more information, please contact: Dylan Dear, Managing Fiscal Analyst Dylan.Dear@klrd.ks.gov Bobbi Mariani, Managing Fiscal Analyst Bobbi.Mariani@klrd.ks.gov Kansas Legislative Research Department 300 SW 10th Ave., Room 68-West, Statehouse Topeka, KS 66612 Phone: (785) 296-3181 Fax: (785) 296-3824 6 S-2 State Employee Issues