HB 1964 -- Public Employee Due Process Act

Sponsor:  Bray

This bill revises provisions concerning public employees and
appointed officials and establishes the Public Employee Due
Process Act.  The bill:

(1)  Prohibits employees from appealing a dismissal or demotion
under the act if an employee has a right to appeal the dismissal
or demotion under the State Personnel Law (Merit System);

(2)  Establishes the Public Employee Due Process Act;

(3)  Requires public bodies to serve written notice (in person
or by certified mail) to employees they intend to terminate,
discipline, or demote.  The notice must contain the grounds for
the intended action;

(4)  Requires the notice to contain a provision allowing the
matter to be heard by a hearing officer;

(5)  Requires a public body to provide an employee a re--
mediation plan of at least 4 months duration before proceeding
with a plan to terminate, discipline, or demote the employee;

(6)  Contains provisions concerning the hearing process by the
State Board of Mediation, including the selection of a hearing
officer, disclosure of witnesses, employee representation by
legal counsel and other counsel, and recording the hearing;

(7)  Allows the hearing to be open to the public unless a closed
hearing is requested by the employee;

(8)  Specifies the duties of the hearing officer;

(9)  Requires the board to develop regulations concerning
discovery by the parties and regulations concerning the hearing
process;

(10)  Contains provisions concerning the disposition of the
hearing, including a review of the hearing officer's decision
under Sections 536.100 to 536.140, RSMo;

(11)  Prohibits appointed officials who are removed by the
Governor from appealing their removal under the act;

(12)  Allows permanent teachers to be notified of their right to
a hearing by the board of education or the State Board of
Mediation and their right to request a hearing by the board of
education or the State Board of Mediation if their contract is
considered for termination; and

(13)  Specifies the hearing process for permanent teachers who
are contesting the termination of their contract.  Permanent
teachers can elect to appeal the decision to terminate their
contract through the board of education or the State Board of
Mediation.