Human Resource Managment Bob Botsch Copyright 2012 What

What HRM is and why it is more important than most think • Def: Recruiting, testing, evaluation, benefits, and discipline of employees in public sector • Important because – Comprises about 20% of workforce in state (state and local employees)--declining – Includes people who touch lives every day. E. g. teachers, safety, roads, etc

Two conflicting value systems in how we deal with public employment • Patronage—responsiveness and accountability of elected officials who are in charge, but runs danger of corruption and favoritism • Merit—hiring based on objective qualifications rather than political connection, emphasis on neutral competence

Federal Merit System: Creation, Values, Flaws, and 1978 Changes that Filtered down • Pendleton Act following Garfield’s assassination in 1880 s • Values Merit: objective test scores measuring knowledge and skills, allows lateral entry • Became inflexible and allowed incompetent to hide behind protections • Carter promoted Civ Ser Reform Act of ’ 78— gave managers more powers to hire and fire and transfer, abolished Civ Ser Commission—new system called Executive Personnel Management —biggest change since 1883

Why SC Developed a Comprehensive Merit System, including Grievance Rights • Little pressure in traditionalistic state to modernize • By 1960 s had very decentralized system run by boards/agencies—fragmented like rest of state govt • Changes imposed by federal strings tied to grants and to Civil Rights laws • Classification Act of 1968 created uniformity in salaries, job descriptions, and benefits • 1969 Charleston Hospital Workers’ Strike showed need for grievance procedure • SC developed modern system by early 1990 s that most other states had in 1970 s

Reasons for 1990 s Reforms and Potential Costs • 1993 SC Government Accountability Act— modernized system to make it one of best in nation!!! (we never had to decentralize system since we had never become centralized) • State Office of HR became service agency to assist other agency HR offices • “Broadbanding” collapsed 2, 500 jobs into 500 • Made pay more merit based and rewarded new ideas • Managers given more power to fire, longer probationary period, some heads put in cabinet

Status of HR at Local Govt Level • Small cities/counties (< 175 employees) do not have separate HR office—just part-time or contract with State HR or local COG • Independently elected officials at county level make HR a fragmented mess • School districts vary, but usually under district supt of schools • SPD’s also non-uniform • Conclusion—state reforms not filtered down, local vary in quality from good to nonexistent

State and Federal Restricions that Shape HRM in SC • Civil Rights Act of 1964—no discrimination—”Lilly Ledbetter“ amendment in 2009 extending 180 day statute of limitations to reset after each discriminatory paycheck • Fair Labor Standards Act—min wage and max hours • Equal pay Act of 1963—does not go as far as “comparable worth” • Age Discrimination Act of 1967—over 40 • EEOA of 1972—focuses on discrimination complaints • Affirmative Action—applies to SC because of history of discrimination • Drug-Free Workplace Act of 1988 and SC version in 1990—mostly symbolic • Family and Medical Leave Act of 1993 • ADA, worker’s comp, unemployment comp, and OSHA • “Conflicts of interest” restrictions under state ethics laws • County and Municipal Employees Grievance Procedures Act sets minimal standards for those that have such procedures

“Employment at Will” • Employment at Will means that anyone can be fired for any reason • Many exceptions set by law and court decisions – – – – Whistle blowers If trying to form a union If victim of sexual harassment Age or racial discrimination If applying for workers comp If exercising constitutional rights If handbooks or manuals exist or even oral agreements made

SC Law and Unions and Response by Public Employees • “Right to Work” state—no one must pay dues even if workers represented by union, i. e. no “closed shop” • While all have right to join a union as a first amendment right, the state (SC) can have laws that prohibit collective bargaining by public employees (not private—NLRA) • Employees form weaker groups like SEA and SCEA—lobby, but do not bargain collectively