MINUTES OF MEETING

      ASSEMBLY COMMITTEE ON LABOR AND MANAGEMENT

 

      Sixty-seventh Session

      February 2, 1993

 

 

 

The Assembly Committee on Labor and Management was called to order by Chairman Chris Giunchigliani at 3:30, Tuesday,

February 2, 1993, in Room 321 of the Legislative Building, Carson City, Nevada.  Exhibit A is the Meeting Agenda, Exhibit B is the Attendance Roster.

 

 

COMMITTEE MEMBERS PRESENT:

 

      Ms. Chris Giunchigliani, Chairman

      Mr. Bernie Anderson, Vice Chairman

      Mr. Douglas A. Bache

      Mr  John C. Bonaventura

      Mr. Tom Collins, Jr.

      Mrs. Erin Kenny

      Mr. John B. Regan

      Mr. Michael A. Schneider

      Mr. John C. Carpenter

      Mr. Peter G. Ernaut

      Mr. Lynn Hettrick

 

 

COMMITTEE MEMBERS ABSENT:

 

      None 

 

 

GUEST LEGISLATORS PRESENT:

 

      None

 

     

STAFF MEMBERS PRESENT:

 

      Mr. Donald O. Williams, Principal Research Analyst, LCB

 

 

OTHERS PRESENT:

 

      Mr. Robert Gagnier, State of Nevada Employees Association

      Mr. Jim Richardson, Nevada Faculty Alliance

      Mr. Donald Klasic, University of Nevada

      Mr. Will Keating, Public Employees Retirement System

      Ms. Debbie Cahill, Nevada State Education Association

      Mr. Kurt Fritsch, City of Henderson

      Mr. Mike Johaneson, Service Employees International Union

      Mr. Danny Thompson, Nevada State AFL-CIO

      Ms. Ande Engleman, Nevada State Press Association

 

Mr. Bernie Anderson, Vice Chairman, announced Ms. Giunchigliani was in another meeting and was expected momentarily.  He opened the meeting to testimony on AB 134, noting the bill was a carryover from the 1991 legislative session.

 

ASSEMBLY BILL 134 -     Restricts access to certain information in personnel records of public employees.

 

Mr. Robert Gagnier, Executive Director, State of Nevada Employees Association, spoke in favor of the bill.  He maintained AB 134 posed the "lesser of two evils" referring to other proposed legislation resulting from an interim study.  He expressed concern with access to personnel records which contained personal data such as home address, phone, marital status, spouse occupation or reference to performance evaluations. 

 

Mr. Jim Richardson, representing Nevada Faculty Alliance, testified he also was aware of other legislation which would make it problematic to engage in serious evaluation of employees if such records were made public.  In reference to Section 2, Mr. Richardson expressed concern with two areas.  He advised amending "leave" to "annual leave" contending information concerning sick leave should not be made public.  Additionally, he indicated "other benefits" should be revised to "other employer provided benefits" as employee paid benefits such as insurance, etc., were solely the employee's business.  With the mentioned suggestions, Mr. Richardson asked to go on record in support of AB 134 and urged its passage in lieu of the other proposed legislation which could be more intrusive.

 

On the leave question, Mr. Hettrick inquired how the State Industrial Insurance System (SIIS) could reconcile the problem of prior illness or injury disclosures.  Mr. Richardson believed SIIS would be covered under Section 1c which indicated "any person who is authorized pursuant to any state or federal law..." could access employment records.

 

Chairman Giunchigliani explained the contents of both AB 134 and AB 135 had been introduced during the 1991 legislative session as one bill.  The introduction of individual bills was to separate the two issues.  She pointed out the committee would not take action at today's meeting but would accept proposed amendments to be heard at a later date.

 

In response to Mr. Bonaventura, Mr. Gagnier concurred with the two proposed changes offered by Mr. Richardson.

 

Mr. Donald Klasic spoke on behalf of the Chancellor of the University of Nevada who requested to go on record in support of AB 134.  Additionally, The University of Nevada Las Vegas (UNLV), Executive Committee of the Faculty Senate wished its views on record to the affect it voted to approve a motion to support AB 134.  He quoted:

 

      The executive committee felt that AB 134 would protect a person's right to privacy and properly limit access to personnel documents. 

 

The University of Nevada Reno (UNR), Faculty Senate Executive Board asked their statement be read into the record. 

 

      The UNR Faculty Senate Executive Board, as the elected leadership of 1,300 UNR academic faculty and professional staff, strongly support legislation that protects the confidentiality of employee's personnel records and urges your committee to join us in supporting AB 134.  When you consider the bill we request your assistance in clarifying two items:  under Item 2 we recommend that "leave" be revised to read "annual leave"; and we recommend that line 2 be revised to read "and other employer provided benefits."  We believe that these revisions will protect the confidentiality of personal information such as sick leave and employee purchased benefits.  These recommended changes are secondary only to our overall support of AB 134. 

 

Mr. Klasic expressed concern with the suggested language in line 10.  He pointed out sick leave could be defined as "other employer provided benefits."  The intent of the proposed change was to protect sick leave records from public access.

 

Ms. Giunchigliani remarked the purpose of this legislation was not to restrict, but to clearly define public access while still allowing some integrity and confidentiality for employees.

 

 

Mr. Will Keating, Executive Officer, Public Employees Retirement System (PERS) expressed opposition to AB 134 as presently written.  He paraphrased the retirement statutes NRS 286.110 and 286.117:

 

      All records maintained for a member, retired employee or beneficiary may be reviewed and copied only by the member, his spouse and his public employer.

 

From the retirement system's point of view, Mr. Keating maintained these records should be closed as presently stated in the retirement statutes.  He was not sure if AB 134 would open these records to the public.

 

To the contrary, Ms. Giunchigliani believed the percentage of contribution would be made public under AB 134, but not necessarily the pension wage.  She suggested clarification might be needed in this area.

 

As an administrative officer of public employees in the retirement system, Mr. Keating agreed wages, travel, etc. might be public information but challenged whether leave was.  He also questioned the difference between "pensions" and "retirement" in line 10.

 

Mr. Ernaut contended as taxpayers paid these employees' salaries, the question was one of public trust.  Hence, it was his opinion these records should indeed be made public.  Mr. Keating agreed in general, but clarified it was his belief sick leave was not in the area of taxpayer accountability.

 

In appreciation of Mr. Ernaut's opinion, Mr. Carpenter maintained the use of sick leave was an area of contention in both the public and private sectors.  The issue was whether this type of leave was being misused.  Mr. Keating maintained misuse of leave was the responsibility of management.

 

Mr. Regan noted UNR's leave forms requested a reason for sick leave which he maintained should be kept confidential, arguing public employees did not give up their right to privacy.   Further, he questioned how AB 134 would affect the University of Nevada/community college system's Human Immunodeficiency Virus (HIV) policy. 

 

It was Mr. Klasic's opinion such information would be privy as AB 134 stated "all records shall be confidential except..."   The only way this information could be made public was if specifically listed on the leave form. 

 

Ms. Debbie Cahill, Nevada State Education Association (NSEA), concurred with preceding testimony in favor of AB 134.  Of concern were the areas of performance evaluation and sick leave, not only relative to cause but also frequency.  Ms. Cahill stated with the amendments proposed by Mr. Richardson, the NSEA would support this legislation.

 

In opposition to AB 134, Mr. Kurt Fritsch, City of Henderson, questioned Section 2.  He surmised with a tightening down of definitions the bill could be amended to work.  He asserted the focus should be accruable employer provided benefits, but not include current balances.   Mr. Fritsch expressed concern with Employee Assistance Programs which provided confidential guidance in various sensitive areas. 

 

Mr. Mike Johaneson, representing Service Employees International Union (SEIU), spoke in favor of the bill, strongly suggesting the term "leave" be removed altogether. 

 

Mr. Danny Thompson, Nevada State AFL-CIO, proposed lines 10 and 11 be deleted completely, claiming abuse was management's responsibility.  Responding to a question by Mr. Anderson about removing wages from Section 2, Mr. Thompson stated the statute should be left as it was.   He justified nearly all information referred to in this section was available through various means.  He emphasized the detailed specifics were not available, but general information could easily be obtained.

 

Ms. Ande Engleman, Nevada State Press Association, expressed her opposition to AB 134.  She explained Assemblyman Porter was to introduce a packet of bills resulting from an interim study of Nevada's public records laws under NRS 239.  Ms. Engleman pointed out AB 134 was in direct conflict with this forthcoming legislation.  She referenced a poll on access to government records by the Nevada Press Association, Inc. (Exhibit C). 

 

Alluding to a 300 percent pension increase passed by a prior legislative session, Ms. Engleman emphasized pensions should be public information.  Further, she stressed the importance of job qualifications being made public by relating a story of a child nearly drowning in Winnemuca.  She maintained neither lifeguard on duty at the time of the accident was certified to save lives nor had they taken a Red Cross Training course but were, in fact, friends of friends who had been given jobs to which they were not qualified.  

 

Ms. Engleman concluded the press was not interested in personal information such as medical problems or home phone numbers.  But she believed sick leave information, particularly pertaining to higher ranked officials, should be made public because of possible conflict or ethical concerns.

 

In conclusion, Ms. Engleman stated the Nevada State Press Association wanted to see all legislation pertaining to public records go through the same committee, thus eliminating the possibility of conflicting bills.

 

Chairman Giunchigliani pointed out this legislation, as introduced during the 1991 Session, had originally been in NRS Chapter 613 which fell within the Labor and Management Committee's jurisdiction.  However, when the bill was split into two separate entities it appeared there was a crossover in statute.  Therefore, she indicated AB 134 would be heard and referred to the committee on Government Affairs.

 

A discussion followed concerning the First Amendment of the Constitution of the United States.  In response to a question raised by Mrs. Kenny, Ms. Engleman pointed out Nevada law forbade release of any information relating to HIV.  She further resolved the press wrestled these problems within its own organization, explaining the Press Association did not regulate, but provided a mirror that the press might see themselves as others saw them.  Furthermore, it was up to each individual newspaper and television station to make their own decisions. 

 

Due to lack of time, Ms. Giunchigliani announced AB 135 would be heard at the next Labor and Management meeting following the two-week recess.  She also invited those with amendments to AB 134 to provide them for committee review.

 

There being no further business to come before committee, the meeting was adjourned at 4:40 p.m.

 

      RESPECTFULLY SUBMITTED:

 

 

                             

      BARBARA DOKE

      Committee Secretary

 

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Assembly Committee on Labor and Management

February 2, 1993

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