T67CH53
Title 67 > T67CH53
Sections (33)
67-5301
TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 53 PERSONNEL SYSTEM 67-5301. Establishment of division of human resources and declaration of policy. There is hereby established the division of human resources in the office of the governor, which is authorized and directed to administer a personnel system, including the provision of personal and professional training, for state of Idaho employees as set forth in this chapter. The purpose of said personnel system is to provide a means whereby classified employees of the state of Idaho shall be examined, selected, retained and promoted on the basis of merit and their performance of duties, thus effecting economy and efficiency in the administration of state government. The legislature declares that, in its considered judgment, the public good and the general welfare of the citizens of this state require enactment of this measure, under the powers of the state. History: [67-5301, added 1965, ch. 289, sec. 1, p. 746; am. 1974, ch. 34, sec. 4, p. 988; am. 1977, ch. 307, sec. 2, p. 857; am. 1994, ch. 272, sec. 1, p. 837; am. 1999, ch. 370, sec. 1, p. 977.; am. 2022, ch. 112, sec. 2, p. 401.]
67-5302
TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 53 PERSONNEL SYSTEM 67-5302. Definitions. As used in this chapter and other applicable sections of the Idaho Code, each of the terms defined in this section shall have the meaning given in this section unless a different meaning is clearly required by the context. Such terms and their definitions are: (1) Administrative employee means any person, nonclassified or classified, appointed to a position that meets the criteria set forth in the federal fair labor standards act, 29 U.S.C. 201 et seq. Final designation of a classified position as administrative within this definition shall be made by the administrator of the division of human resources. Exceptions to this designation that do not violate the federal fair labor standards act, 29 U.S.C. 201 et seq., may be made by the administrator. (2) Administrator means the administrator of the division of human resources in the governor’s office. (3) Appointing authority means the officer, board, commission, person or group of persons authorized by statute or lawfully delegated authority to make appointments to or employ personnel in any department. (4) Class means a group of positions sufficiently similar as to the duties performed, degree of supervision exercised or required, minimum requirements of training, experience or skill, and other characteristics that the same title, the same tests of fitness and the same schedule of compensation may be applied to each position in the group. (5) Classified officer or classified employee means any person appointed to or holding a position in any department of the state of Idaho, which position is subject to the provisions of the merit examination, selection, retention, promotion and dismissal requirements of section 67-5309 , Idaho Code. (6) Commission means the Idaho personnel commission. (7) Compensatory time means approved time off from duty provided in compensation for overtime hours worked. (8) Computer worker means any person, nonclassified or classified, appointed to a position that meets the criteria set forth in the federal fair labor standards act, 29 U.S.C. 201 et seq. Final designation of a classified position as computer worker within this definition shall be made by the administrator of the division of human resources. Exceptions to this designation that do not violate the federal fair labor standards act, 29 U.S.C. 201 et seq., may be made by the administrator. (9) Department means any department, agency, institution or office of the state of Idaho. (10) Disabled veteran is as defined in section 65-502 , Idaho Code. (11) Eligible means a person who has been determined to be qualified for a classified position and whose name has been placed on the register of eligibles. (12)(a) Executive employee means any person appointed to a position equivalent to a bureau chief or above as provided in section 67-2402 , Idaho Code, or any employee whose primary duty is management of a department, division or
67-5303
TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 53 PERSONNEL SYSTEM 67-5303. Application to state employees. All departments of the state of Idaho and all employees in such departments, except those employees specifically defined as nonclassified, shall be classified employees who are subject to this chapter and to the system of personnel administration it prescribes. All nonclassified employees are subject to conformity with classified positions as set forth in section 59-1603 , Idaho Code. Nonclassified employees shall be: (a) Members of the state legislature and all other officers of the state of Idaho elected by popular vote and persons appointed to fill vacancies in elective offices and employees of the state legislature. (b) Members of statutory boards and commissions and heads of departments appointed by and serving at the pleasure of the governor, deputy directors appointed by the director of a department, and members of advisory boards and councils appointed by the departments. (c) All employees and officers in the office, and at the residence, of the governor; and all employees and officers in the offices of the lieutenant governor, secretary of state, attorney general, state treasurer, state controller, and state superintendent of public instruction. (d) Except as otherwise provided by law, one (1) declared position designated by the appointing authority of a participating department, in addition to those declared to be nonclassified by other provisions of law. (e) Part-time professional consultants who are paid on a fee basis for any form of legal, medical or other professional service and who are not engaged in the performance of administrative duties for the state. (f) Judges, temporary referees, receivers and jurors. (g) All employees of the Idaho supreme court, Idaho court of appeals and district courts. (h) All employees of the Idaho state bar. (i) Assistant attorneys general attached to the office of the attorney general. (j) Officers, members of the teaching staffs of state higher educational institutions, the professional staffs of the office of the state board of education and the Idaho department of education administered by the board of regents and the board of education, all professional staff of the public charter school commission, and the professional staffs of the Idaho division of career technical education and vocational rehabilitation administered by the state board for career technical education. Teaching staff includes teachers, coaches, resident directors, librarians and those principally engaged in academic research. The word officer means presidents, vice presidents, deans, directors, or employees in positions designated by the state board who receive an annual salary of not less than step A of the pay grade equivalent to three hundred fifty-five (355) Hay points in the state compensation schedule. In consultation with the Idaho division of human resources, the state board of education shall implement polic
67-5304
TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 53 PERSONNEL SYSTEM 67-5304. Existing merit systems and personnel systems. The personnel system administered by the division of human resources created by this act is hereby designated as the merit system, civil service system or personnel system as may be required by any other section of the Idaho Code for the administration of any department covered by this act; and all laws in conflict in whole or in part with the provisions of this act are hereby repealed to the extent of such conflict or inconsistency, provided, however, that in the implementation of this act those portions of chapter 35, title 67 , Idaho Code, requiring approval of the administrator of the division of financial management of increase in compensation for any state employee, shall not be held to apply to employees covered under this act, but all departments whose salaries and administrative costs come from state appropriations shall prepare and file the reports and estimates in the office of the administrator of the division of financial management in accordance with chapter 35, title 67 , Idaho Code, and personnel compensation thereunder shall not be effective until approved as being within the state budget limitations of the respective department. History: [67-5304, added 1965, ch. 289, sec. 4, p. 746; am. 1986, ch. 134, sec. 1, p. 356; am. 1999, ch. 370, sec. 3, p. 982.]
67-5306
TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 53 PERSONNEL SYSTEM 67-5306. Applicability of federal merit system standards. Notwithstanding any other provision, wherever federal merit system standards are applicable to any department covered by this act, financed in whole or in part by federal funds, rules shall be established or modified by the administrator pursuant to chapter 52, title 67 , Idaho Code, to the extent necessary to apply such standards to personnel administration in such grant-in-aid programs, and to the positions and employees therein. History: [67-5306, added 1965, ch. 289, sec. 6, p. 746; am. 1999, ch. 370, sec. 5, p. 984.]
67-5307
TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 53 PERSONNEL SYSTEM 67-5307. Organization of commission. (1) The Idaho personnel commission is hereby created in the office of the governor and shall consist of five (5) members, not more than three (3) of which at any time may belong to the same political party. The members of the commission shall be appointed by the governor on the basis of experience in personnel management, business or governmental management and their known sympathy with merit principles for the impartial selection of efficient state government employees; provided, however, that at least two (2) of the members shall have had at least five (5) years of personnel management experience. (2) Members of the commission shall be appointed for overlapping terms of six (6) years, except that in the first instance one (1) member shall be appointed for two (2) years, one (1) member for four (4) years and one (1) member for six (6) years. Initial members shall be appointed to take office within thirty (30) days after the effective date of this chapter. The members of the personnel commission serving on the effective date of this chapter shall continue in office subject to the provisions of this chapter. The additional members of the commission shall be appointed one (1) for four (4) years and one (1) for six (6) years, the term of each to be designated by the governor. Their successors shall be appointed for terms of six (6) years. If, for any reason, a member should leave the commission before his term expires, the governor shall appoint another member to fill out the unexpired term. (3) No member of the commission shall hold political office or be an officer of a political organization during his term, nor shall any member have held political office or have been an officer of a political organization during the twelve (12) months preceding his appointment. No member of the commission shall have been employed as an official or employee of the state of Idaho during the twelve (12) months preceding his appointment, nor be so employed during his term. The chairman shall be appointed by the governor prior to the first meeting of each calendar year. (4) The governor may remove a commissioner for inefficiency, neglect of duty or misconduct in office after first giving him a copy of charges against him and an opportunity to be heard publicly before the governor. A copy of the charges and a transcript of the record of the hearing shall be filed with the secretary of state. (5) The commission shall meet at regularly scheduled intervals or on call of the chairman. Three (3) members shall constitute a quorum for the transaction of business. Members shall each be compensated as provided by section 59-509 (n), Idaho Code. History: [67-5307, added 1965, ch. 289, sec. 7, p. 746; am. 1975, ch. 164, sec. 3, p. 434; am. 1980, ch. 247, sec. 87, p. 650; am. 1996, ch. 104, sec. 1, p. 406; am. 1998, ch. 330, sec. 1, p. 1062; am. 1999, ch. 370, sec. 6, p. 9
67-5308
TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 53 PERSONNEL SYSTEM 67-5308. Authority and duties of the division of human resources — Selection of administrator. (1) It shall be the duty of the division of human resources to administer this chapter. The administrator of the division of human resources shall have the duty, power and authority to employ such persons, make such expenditures, require such reports, make investigations of state classified and nonclassified employees, perform such travel pursuant to the provisions of this chapter, and to take such other actions as it deems necessary or suitable to that end. (2) An administrator of the division of human resources in the office of the governor shall be appointed by the governor, shall be subject to confirmation by the senate and shall serve at the pleasure of the governor. The administrator shall be experienced in personnel administration. The administrator shall provide necessary support to the commission when it carries out its duties. History: [67-5308, added 1965, ch. 289, sec. 8, p. 746; am. 1998, ch. 330, sec. 2, p. 1063; am. 1999, ch. 370, sec. 7, p. 985; am. 2022, ch. 112, sec. 6, p. 406; am. 2023, ch. 218, sec. 29, p. 654.]
67-5309
TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 53 PERSONNEL SYSTEM 67-5309. Rules of the division of human resources and the personnel commission. The administrator of the division of human resources shall have the power and authority to adopt, amend, or rescind such rules as may be necessary for proper administration of this chapter. Such rules may include: (a) A rule requiring the administrator, after consulting with each department, to develop, adopt, and make effective a job classification system for positions covered by this chapter, based on an analysis of the duties and responsibilities of the positions. The job classification shall include an appropriate title for each class and a description of duties and responsibilities of positions in the classes and the requirements of minimum training, skills, capabilities, work, or relevant experience and other qualifications suitable for the performance of duties of the position. Except for job classifications legally required to possess a professional license or credential or postsecondary degree, as determined by the administrator, no job classification may require a postsecondary degree unless the job description describes the necessity. Applicants may demonstrate qualifications or equivalency to any substantiated postsecondary degree requirements using relevant and comparable work or volunteer experience, education, skills, capabilities, expertise, or nondegree credentials, including but not limited to skill-based certificates, badges, or professional certifications. (b) A rule describing the relevant labor markets and benchmark job classifications used in the administrator’s salary surveys. (c) A rule requiring that all classes of positions that are common to the departments concerned shall have the same titles, minimum requirements and compensation ranges. (d) A rule providing for review by the administrator of the personnel system, including classifications and compensation policies and procedures of state classified and nonclassified employees. (e) A rule that, notwithstanding the procedure for examination and ranking of eligible applicants on a register provided in subsection (f) of this section, offers an alternative application process for persons with disabilities. (f) A rule requiring fair and impartial selection of appointees to all positions, other than those defined as nonclassified in this chapter, on the basis of open competitive merit examinations or evaluations. An application for an examination will be accepted after the closing date of the examination from a person who was serving in the armed forces or undergoing service-connected hospitalization up to one (1) year following discharge. The application must be submitted within one hundred twenty (120) days of separation from the armed forces or hospitalization and prior to the expiration of the register established as a result of the examination. A disabled veteran may file an application at any time up until a selection
67-5309A
TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 53 PERSONNEL SYSTEM 67-5309A. State employee compensation philosophy. (1) It is hereby declared to be the intent of the legislature of the state of Idaho that the goal of a total compensation system for state employees shall be to fund a competitive employee compensation and benefit package that will attract qualified applicants to the work force; retain employees who have a commitment to public service excellence; motivate employees to maintain high standards of productivity; and reward employees for outstanding performance. (2) The foundation for this philosophy recognizes that state government is a service enterprise in which the state work force provides the most critical role for Idaho citizens. Maintaining a competitive compensation system is an integral, necessary and expected cost of providing the delivery of state services and is based on the following compensation standards: (a) The state’s overall compensation system, which includes both a salary and a benefit component, when taken as a whole shall be competitive with relevant labor market averages. (b) Advancement in pay shall be based on job performance and market changes. (c) Pay for performance shall provide faster salary advancement for higher performers based on a merit increase matrix developed by the division of human resources. (d) All employees below the state’s midpoint market average in a salary range who are meeting expectations in the performance of their jobs shall move through the pay range toward the midpoint market average. (3) It is hereby declared to be legislative intent that regardless of specific budgetary conditions from year to year, it is vital to fund necessary compensation adjustments each year to maintain market competitiveness in the compensation system. In order to provide this funding commitment in difficult fiscal conditions, it may be necessary to increase revenues, or to prioritize and eliminate certain functions or programs in state government, or to reduce the overall number of state employees in a given year, or any combination of such methods. History: [67-5309A, added 2006, ch. 380, sec. 10, p. 1188.]
67-5309B
TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 53 PERSONNEL SYSTEM 67-5309B. Idaho compensation plan. (1) The administrator of the division of human resources shall establish benchmark job classifications and shall assign all classifications to a pay grade utilizing the Hay profile method in combination with market data. Pay grades established or revised by the administrator shall appropriately weigh Hay points and market data to ensure internal pay equity and market pay equity within the classified service. (2) It shall be the responsibility of each department director to prepare a department salary administration plan and corresponding budget plan that support the core mission of the department and are consistent with the provisions of section 67-5309A , Idaho Code. (3) Advancement in pay shall be based on performance, internal pay equity, or external market changes and be provided in a variety of delivery methods, including ongoing increases, temporary or conditional increases, and market-related payline moves. Market-related payline moves may advance all eligible employees as well as the structure to avoid compression in the salary system. (4) Pay for performance shall provide faster salary advancement for higher performers based on a merit increase matrix developed by the division of human resources. Such matrix shall be based on the employee’s proximity to the state midpoint market average and the employee’s relative performance. Such matrix may be adapted by each agency to meet its specific needs when approved by the division of human resources. (5) No employee shall advance in a salary range based on performance without a performance evaluation on file certifying that the employee meets the performance criteria of the assigned position. (6) Each employee’s work performance shall be evaluated by the employee’s department through a format and process approved by the division of human resources. The employee shall be evaluated after one thousand forty (1,040) hours of credited state service from the date of initial appointment or promotion and thereafter be evaluated after each two thousand eighty (2,080) hours of credited state service. Employees may be eligible for advancement in pay based on performance if certified as meeting the performance requirements of this section. However, such in-grade advancement shall not be construed as a vested right. The department director shall designate in writing whether such in-grade advancement is temporary, conditional or permanent. It shall be the specific responsibility of the employee’s immediate supervisor to effect the evaluation process. Such evaluation shall be approved by the department director or the director’s designee. (7) All supervisors who evaluate state employees shall receive training in the evaluation format and process to assure fairness and consistency in the evaluation process. (8) Notwithstanding any other provision of Idaho Code, it is hereby declared to be the policy of th
67-5309C
TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 53 PERSONNEL SYSTEM 67-5309C. Annual surveys, reports, and recommendations. (1) The administrator of the division of human resources shall conduct or approve annual salary and benefit surveys within relevant labor markets to determine salary ranges and benefit packages that represent competitive labor market average rates and benefits provided by private industry and other governmental units. (2) A report of the results of the annual salary and benefit surveys and recommendations for changes to meet the requirements of section 67-5309A , Idaho Code, together with their estimated costs of implementation, shall be submitted to the governor and the legislature not later than the first day of December of each year. The report must include the total amount of salary savings realized in the previous budget year and must include information regarding the dispensation of such funds, including but not limited to the amount that was reverted back, any funds used for ongoing employee raises, funds used for onetime employee stipends, and funds expended for any other purposes. The recommendations shall include, at a minimum, four (4) components to address the compensation philosophy described in section 67-5309A , Idaho Code, and shall include specific funding recommendations for each component: (a) A recommendation for market-related changes necessary to address systemwide structure adjustments to stay competitive with relevant labor markets. Such recommendation may include a market-related payline adjustment for all eligible employees, as well as the structure, to avoid compression in the salary system. (b) A recommendation for market-related changes necessary to address specific occupational inequities. (c) A recommendation for a merit increase component to recognize and reward state employees in the performance of public service to the citizens of Idaho. (d) A recommendation for any changes to the employee benefit package, including any adjustments to the overall design of the benefit package and/or employee contributions. (3) The governor shall submit his own recommendations on proposed changes in salaries and benefits to the legislature prior to the seventh legislative day of each session. Such recommendations shall address, at a minimum, the four (4) components and subsequent funding for each component required in this section. (4) The legislature may, by concurrent resolution, accept, modify, or reject the governor’s recommendations, but any such action by the legislature, at a minimum, shall address the four (4) components and subsequent funding of each component required in this section. The failure of the legislature to accept, modify, or reject the recommendations prior to adjournment sine die shall constitute approval of the governor’s recommendations, and such recommendations shall be funded through appropriations provided by law. The administrator of the division of human resources shall imple
67-5309D
TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 53 PERSONNEL SYSTEM 67-5309D. Other pay delivery options. (1) In addition to pay increases authorized in section 67-5309B , Idaho Code, the department director may grant a classified employee bonus pay not to exceed two thousand dollars (2,000) limit provided in this subsection may be granted in extraordinary circumstances if approved in advance by the state board of examiners. Departments shall submit a report to the division of financial management and the legislative services office by October 1 on all bonuses granted in the preceding fiscal year. (2) In addition to pay increases authorized in section 67-5309B , Idaho Code, the department director may grant a classified employee an award payment based on suggestions or recommendations made by the employee that resulted in taxpayer savings as a result of cost savings or greater efficiencies to the department or to the state of Idaho in excess of the amount of the award and in compliance with the rules for employee suggestion awards promulgated by the division of human resources. The award may be an amount up to twenty-five percent (25%) of the amount determined to be the dollar savings to the state, but not in excess of two thousand dollars (2,000) limit provided in this subsection may be granted in extraordinary circumstances if approved in advance by the state board of examiners. Departments shall submit a report to the division of financial management and the legislative services office by October 1 on all employee suggestion awards granted in the preceding fiscal year. Such report shall include any changes made as a direct result of an employee’s suggestion and savings resulting therefrom. (3) In addition to pay increases authorized in section 67-5309B , Idaho Code, the department director may grant award pay to a classified employee for recruitment or retention purposes. Retention bonuses require completion of at least six (6) months of achieving performance standards prior to issuance. The department director and the administrator of the division of human resources are authorized to seek legal remedies available, including deductions from an employee’s accrued vacation funds, from an employee who resigns during the designated period of time after receipt of a recruitment or retention bonus. Departments shall submit a report to the division of financial management and the legislative services office by October 1 on all such awards granted in the preceding fiscal year. (4) In addition to pay increases authorized in section 67-5309B , Idaho Code, department directors may provide a classified employee other nonperformance-related pay as provided in this subsection. Departments shall submit a report to the division of financial management and the legislative services office by October 1 on a
67-5310
TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 53 PERSONNEL SYSTEM 67-5310. Service to other political subdivisions. Subject to the approval of the administrator, agreements may be entered into with any political subdivision of the state of Idaho to furnish services and facilities of the division and staff to such political subdivisions in the administration of their personnel on merit principles. Any such agreement shall provide for reimbursement to the division of the reasonable cost of the services or facilities furnished as determined by the administrator. History: [67-5310, added 1965, ch. 289, sec. 10, p. 746; am. 1999, ch. 370, sec. 11, p. 991.]
67-5311
TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 53 PERSONNEL SYSTEM 67-5311. Limitation of political activity. (1) No employee of a state department covered by this act shall: (a) Use his official authority or influence for the purpose of interfering with an election to or a nomination for office, or affecting the result thereof; (b) Directly or indirectly coerce, attempt to coerce, command, or direct any other such officer or employee to pay, lend, or contribute any part of his salary or compensation or anything else of value to any party, committee, organization, agency, or person for political purposes; or (c) Be a candidate and hold elective office in any partisan election. (2) All such employees shall retain the right to: (a) Register and vote in any election; (b) Express an opinion as an individual privately and publicly on political subjects and candidates; (c) Display a political picture, sticker, badge, or button; (d) Participate in the nonpartisan activities of a civic, community, social, labor, or professional organization, or of a similar organization; (e) Be a member of a political party or other political organization and participate in its activities; (f) Attend a political convention, rally, fund-raising function, or other political gathering; (g) Sign a political petition as an individual; (h) Make a financial contribution to a political party or organization; (i) Take an active part, in support of a candidate, in an election; (j) Be politically active in connection with a question which is not specifically identified with a political party, such as a constitutional amendment, referendum, approval of a municipal ordinance or any other question or issue of a similar character; (k) Serve as an election judge or clerk, or in a similar position to perform nonpartisan duties as prescribed by state or local law; (l) Be a candidate and hold elective office in any nonpartisan election; (m) Take an active part in political organization management; and (n) Otherwise participate fully in public affairs, except as prohibited by law, in a manner which does not materially compromise the neutrality, efficiency, or integrity of the employee’s administration of state functions. History: [67-5311, added 1965, ch. 289, sec. 11, p. 746; am. 1975, ch. 164, sec. 6, p. 434; am. 1986, ch. 133, sec. 5, p. 352; am. 1987, ch. 168, sec. 1, p. 329; am. 2023, ch. 7, sec. 4, p. 21.]
67-5312
TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 53 PERSONNEL SYSTEM 67-5312. Violations. Any person willfully violating any of the provisions of this act or of the rules or regulations established thereunder shall be guilty of a misdemeanor. History: [67-5312, added 1965, ch. 289, sec. 12, p. 746; am. 2023, ch. 7, sec. 5, p. 22.]
67-5313
TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 53 PERSONNEL SYSTEM 67-5313. Veterans’ preference. Veterans’ preference as provided in title 65 , chapter 5, Idaho Code, shall be observed except that entrance probationary periods are governed exclusively by the provisions of this chapter. History: [67-5313, added 1965, ch. 289, sec. 13, p. 746; am. 1993, ch. 21, sec. 1, p. 79.]
67-5314
TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 53 PERSONNEL SYSTEM 67-5314. Method of financing. (1) There is hereby created in the state treasury the division of human resources fund. All participating departments are hereby authorized and directed to pay out of their funds to the state treasurer their respective shares of the authorized budget of the division. All moneys placed in said fund are hereby perpetually appropriated to the division for the administrative purposes of this chapter. All expenditures from said fund shall be paid out in warrants drawn by the state controller upon presentation of proper vouchers from the administrator. (2) The division shall allocate costs of its operation to each participating department in the same proportion that the amount of the payroll for classified employees of the department bears to the total amount of the payroll for classified employees of all departments combined and averaged as to the basis for allocation of costs. (3) Each participating department shall deposit to said fund on a pay period basis as prescribed by the state controller, an amount equal to its share of costs of operation of the human resources division according to the cost allocation formula set forth above. Departmental deposits for each succeeding fiscal year shall be at a percentage rate of salaries and wages for positions subject to this chapter, computed to be sufficient to carry out the intent and all provisions of this chapter as directed by the legislature. (4) The division of human resources may negotiate fees with participating departments with only nonclassified employees to provide services to support state employment systems. History: [67-5314, added 1965, ch. 289, sec. 14, p. 746; am. 1977, ch. 307, sec. 4, p. 862; am. 1984, ch. 238, sec. 1, p. 570; am. 1994, ch. 180, sec. 220, p. 557; am. 1999, ch. 370, sec. 12, p. 991; am. 2022, ch. 112, sec. 8, p. 410.]
67-5315
TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 53 PERSONNEL SYSTEM 67-5315. Establishment and adoption of employee problem solving and due process procedures. (1) Each participating department shall, on or before July 1, 1999, establish and adopt an employee problem solving procedure within such department, which shall be reduced to writing and shall be in full compliance with the provisions of the uniform problem solving procedure as adopted by rule by the administrator pursuant to subsection (4) of this section. The department problem solving procedure shall be approved by the administrator of the division of human resources prior to implementation or amendment. A copy of the approved problem solving procedure plan shall be furnished and explained to each employee of the department concerned. No employee shall be disciplined or otherwise prejudiced in his employment for exercising his rights under the plan, and department heads shall encourage the use of the plan in the resolution of grievances arising in the course of public employment. A classified employee may file under the problem solving procedure any matter, except that compensation shall not be deemed a proper subject for consideration under the problem solving procedure except as it applies to alleged inequities within a particular agency or department, and except for termination during the entrance probationary period, and except for those matters set forth in subsection (2) of this section. (2) No action of a participating department relating to a disciplinary dismissal, suspension or demotion, or an involuntary transfer of a classified state employee shall be effective until the affected employee shall have received notice and an opportunity to be heard. The classified employee may then appeal to the Idaho personnel commission those disciplinary matters set forth in section 67-5316 (1)(a), Idaho Code. (3) If the filing concerns a matter which is reviewable pursuant to section 67-5316 , Idaho Code, the time for appeal to the commission shall not commence to run until the employee has completed the problem solving procedure provided by the department in accordance with the terms thereof or, in the case of disciplinary actions set forth in subsection (2) of this section, until the disciplinary action becomes effective; provided, however, the failure of an employee to pursue the problem solving procedures established within the department shall constitute a waiver of the employee’s right of review by the commission. (4) The division of human resources shall adopt a rule defining uniform problem solving and due process procedures for use by all participating departments with classified employees. With respect to the problem solving procedure, the rule shall provide a complete procedure for all stages of the process, including problem solving meetings with department representatives in the employee’s chain of command. With respect to the due process procedure, the rule shall provide
67-5316
TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 53 PERSONNEL SYSTEM 67-5316. Appeal procedure. (1) Appeals shall be limited to the following: (a) Any classified employee who has successfully completed the entrance probationary period may, after completing the departmental due process procedure, appeal a disciplinary dismissal, demotion or suspension. (b) Any classified employee may, after completing the departmental problem solving procedure, appeal the failure of an appointing authority to provide a right and/or benefit to which the employee is entitled by law. (c) Any interested person may appeal any decision or action taken by the administrator of the division of human resources or the staff of the division of human resources in the performance of their official duties. (d) Any interested person may appeal any other matters as may now or later be assigned to the personnel commission by law. (2) The decision or action of the appointing authority shall be final and conclusive unless a classified employee files an appeal within thirty-five (35) days after completing the departmental problem solving or due process procedure concerning the actions referred to in subsection (1)(a), (b), (c) and (d) of this section. A decision of the administrator shall be final and conclusive as to any other interested person unless an appeal is filed within thirty-five (35) days of written notice of that decision. (3) The commission shall assign the matter for hearing to a duly appointed hearing officer, who may be a member of the commission. (4) Where the action in dispute was the discharge, demotion, or suspension, upon determination that proper cause did not in fact exist within the definitions set forth in section 67-5309 (m), Idaho Code, or that the action was taken by reason of illegal discrimination, the commission or the hearing officer shall order the reinstatement of the employee in the same position or a position of like status and pay, with or without loss of pay for the period of discharge, demotion, or suspension, or may order such other remedy as may be determined to be appropriate. In all other disputed matters, the commission and the hearing officer may order such action as may be appropriate. (5) Process and procedure under this act shall be as summary and simple as reasonably may be. The hearing officer appointed by the commission shall have the power to subpoena witnesses, administer oaths, and examine such of the books and records of the parties to a proceeding as relate to the questions in dispute. A verbatim record of the proceedings at hearings before the commission or a hearing officer shall be maintained either by electrical devices or by stenographic means, as the commission or hearing officer may direct, but if any party to the action requests a stenographic record of the proceedings, the record shall be done stenographically. The requesting party shall pay the costs of transcribing the proceedings. The district court, in and for the
67-5317
TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 53 PERSONNEL SYSTEM 67-5317. classified employee Petition for review procedure. (1) If a classified employee files a petition for review, the personnel commission shall review the record of the proceeding before the hearing officer, briefs submitted in accordance with any briefing schedule it orders, and any transcripts submitted of the hearing below. The commission may grant the parties the opportunity to present oral argument, but need not do so if the record clearly shows that the commission or the hearing officer lacks jurisdiction over the appeal or petition for review. The personnel commission may affirm, reverse or modify the decision of the hearing officer, may remand the matter, or may dismiss it for lack of jurisdiction. (2) Any party in interest may file in the district court for the county in which any party to the proceedings resides, a certified copy of the decision of the commission, which the district court shall have the power to enforce by proper proceedings. (3) A decision of the commission shall be final and conclusive between the parties, unless within forty-two (42) days of the filing of such decision either party appeals to the district court. Where the decision of the personnel commission directed the reinstatement of an employee, the employee shall be reinstated upon receipt of a copy of the decision unless a stay of the order be granted by the district court upon proper petition. (4) Nonclassified employees are not eligible to seek review of any personnel action before the personnel commission. History: [67-5317, added 1986, ch. 134, sec. 6, p. 361; am. 1999, ch. 370, sec. 15, p. 994; am. 2022, ch. 112, sec. 10, p. 411.]
67-5318
TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 53 PERSONNEL SYSTEM 67-5318. Appeal to district court. Upon the appeal of a decision of the commission, the district court may affirm, or set aside and remand the matter to the commission upon the following grounds, and shall not set the same aside on any other grounds: (1) That the findings of fact are not based on any substantial, competent evidence; (2) That the commission has acted without jurisdiction or in excess of its powers; (3) That the findings of fact by the commission do not as a matter of law support the decision. History: [67-5318, added 1986, ch. 134, sec. 7, p. 361.]
67-5328
TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 53 PERSONNEL SYSTEM 67-5328. Hours of work and overtime. (1) It is hereby declared to be the policy of the legislature of the state of Idaho that all state employees shall be treated substantially similar with reference to hours of employment. The policy of this state as declared in this act shall not restrict the extension of regular work hour schedules on an overtime basis in those activities and duties where such extension is necessary and authorized, provided that overtime work performed under such extension is compensated for as hereinafter provided. (2) The appointing authority of any department shall determine the necessity for overtime work and shall provide for cash compensation or compensatory time off for such overtime work for eligible classified officers and employees, subject to the restrictions of applicable federal law. (3) Cash for overtime and compensatory time shall be paid based on the following criteria: (a) Classified and nonclassified officers and employees who fall within one (1) or more of the following categories are ineligible for cash compensation or compensatory time for overtime work: (i) Elected officials; or (ii) Those included in the definition of section 67-5303 (j), Idaho Code. (b) Classified and nonclassified employees who are designated as executive, as provided in section 67-5302 , Idaho Code, and who are not included in the definition of paragraph (a) of this subsection, shall be ineligible for compensatory time or cash compensation for overtime work. Such salaried employees shall report absences in excess of one-half (1/2) day. Employees who become executives within their current agency as set forth in section 67-5302 (12), Idaho Code, shall have twelve (12) months from the date of this act or of appointment, whichever is later, to use any compensatory time balance. After twelve (12) months, any remaining compensatory time will be forfeited. Compensatory time is not transferable and shall be forfeited at the time of transfer to another appointing authority or upon separation from state service. (c) Classified and nonclassified employees who are designated as administrative or professional, as provided in the federal fair labor standards act, 29 U.S.C. 201 et seq., or who are designated as exempt under any other complete exemption in federal law, and who are not included in the definition of paragraph (a) or (b) of this subsection, shall be ineligible for cash compensation for overtime work unless cash payment is authorized by the state board of examiners for overtime accumulated during unusual or emergency situations, but such classified and nonclassified employees shall be allowed compensatory time off from duty for overtime work. Such compensatory time shall be earned and allowed on hour-for-hour basis, shall not be transferable, and shall be forfeited at the time of transfer to another appointing authority or upon separation from state service. Compensa
67-5332
TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 53 PERSONNEL SYSTEM 67-5332. Credited state service — Applicability — Computation. (1) For the purposes of payroll, vacation or annual leave, sick leave and other applicable purposes, credited state service shall be earned by: (a) Eligible classified and nonclassified officers and employees of any department, commission, division, agency or board of the executive department; (b) Such other classified and nonclassified officers and employees as may be prescribed by law or by order of the state board of examiners. (2) Service in the employ of any of the following units of government, or other similar units, shall not earn credited state service: counties, cities, school districts, community college districts, irrigation districts and highway districts. Service as an independent contractor or consultant is not state service. (3) One (1) hour of credited state service shall be earned by each eligible state officer or employee for each hour, or major fraction thereof, worked or on approved leave as provided in subsection (4) of this section. (4) Credited state service shall be earned when on approved leave with pay, on approved vacation leave, approved military leave, on approved sick leave, and holiday leave, but not when compensatory time or earned administrative leave is taken. (5) Service for retirement purposes shall be as provided in chapter 13, title 59 , Idaho Code. History: [67-5332, added 1977, ch. 307, sec. 10, p. 869; am. 1979, ch. 197, sec. 2, p. 572; am. 1981, ch. 133, sec. 6, p. 234; am. 1988, ch. 85, sec. 1, p. 169; am. 1999, ch. 243, sec. 3, p. 622; am. 2000, ch. 121, sec. 2, p. 266; am. 2022, ch. 112, sec. 12, p. 413.]
67-5333
TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 53 PERSONNEL SYSTEM 67-5333. Sick leave. (1) Sick leave shall be computed as follows: (a) The rate per hour at which sick leave shall accrue to eligible classified and nonclassified officers and employees earning credited state service shall be at the rate represented by the proportion 96/2080. Sick leave shall accrue without limit and shall be transferable from department to department. (b) Sick leave shall not accrue to any officer or employee on any kind of leave of absence without pay, suspension without pay, or layoff. Sick leave shall accrue while an officer or employee is on approved leave with pay, on approved vacation leave, on approved military leave with pay, and on approved sick leave, but not when compensatory time is taken. (c) All accrued sick leave shall be forfeited at the time of separation from state service and no officer or employee shall be reimbursed for accrued sick leave at the time of separation, except as provided in subsection (2) of this section. If such officer or employee returns to benefited credited state service within three (3) years of such separation, all sick leave credits accrued at the time of separation shall be reinstated for use, except to the extent that unused sick leave was utilized for the purposes specified in subsection (2) of this section or transferred to a school district or charter district pursuant to section 33-1217 , Idaho Code. (d) Sick leave shall be taken on a workday basis. Regularly scheduled days off and officially designated holidays falling within a period of sick leave shall not be counted against sick leave. Sick leave shall not be taken in advance of being earned and shall only be taken in pay periods subsequent to being earned. (e) In cases where absences for sick leave exceed three (3) consecutive working days, the appointing authority may require verification by a physician or other authorized practitioner. (f) If an absence for illness or injury extends beyond the sick leave accrued to the credit of the officer or employee, the officer or employee may be granted leave without pay. (g) The administrator shall prescribe additional requirements for sick leave for classified and nonclassified officers and employees on a part-time or irregular schedule, for maintaining sick leave records, for funeral leave and for such other applicable purposes as necessary. (2) Unused sick leave may be used as follows: (a) Upon separation from state employment by retirement in accordance with chapter 13, title 59 , or chapter 1, title 33 , Idaho Code, an employee’s unused sick leave shall be determined based on accumulated sick leave earned subsequent to July 1, 1976, and shall be reported by the employer to the public employee retirement system. Upon separation from state employment by retirement in accordance with chapter 20, title 1 , Idaho Code, an employee’s unused sick leave shall be determined based on accumulated sick leave earned subsequ
67-5333A
TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 53 PERSONNEL SYSTEM 67-5333A. sick leave transferred — PUBLIC EDUCATION ENTITY AND STATE EDUCATIONAL AGENCY. Any employee who becomes an eligible employee of a state educational agency immediately following termination of employment with a public education entity shall be credited by the state of Idaho with the amount of any unused sick leave previously accrued upon commencement of state educational agency employment. Any employee who becomes an eligible employee of a public education entity immediately following termination of state educational agency employment shall be credited by the public education entity with the amount of sick leave accrued upon commencement of public education entity employment. After such transfer, the use of sick leave shall be governed by the laws, rules and policies applicable to the state educational agency or public education entity thereafter employing such employee. History: [67-5333A, added 2012, ch. 138, sec. 1, p. 365; am. 2016, ch. 199, sec. 2, p. 559.]
67-5334
TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 53 PERSONNEL SYSTEM 67-5334. Vacation time. (1) Vacation time shall be computed as follows: (a) Vacation time shall not accrue to any officer or employee on any kind of leave of absence without pay, suspension without pay or layoff. Vacation leave shall accrue while an officer or employee is on approved leave with pay, on approved vacation leave, on approved military leave with pay, and on approved sick leave, but not when compensatory time is taken. (b) The rate per hour at which vacation leave shall accrue to eligible classified officers and employees earning credited state service who are covered and nonexempt under the federal fair labor standards act, 29 U.S.C. 201, et seq., shall be at the rate represented by the proportion 96/2080 during the first ten thousand four hundred (10,400) hours of credited state service; at the rate represented by the proportion 120/2080 during the second ten thousand four hundred (10,400) hours of credited state service; at the rate represented by the proportion 144/2080 during the third ten thousand four hundred (10,400) hours of credited state service; and at the rate represented by the proportion 168/2080 thereafter. (c) Classified officers and employees earning credited state service and defined as an exempt professional, administrative, computer worker under the federal fair labor standards act, 29 U.S.C. 201, et seq., or who are designated as exempt under any other complete exemption in federal law shall be at the rate represented by the proportion 120/2080 during the first ten thousand four hundred (10,400) hours of credited state service; at the rate represented by the proportion 144/2080 during the second ten thousand four hundred (10,400) hours of credited state service; and at the rate represented by the proportion 168/2080 thereafter. (d) Classified officers and employees earning credited state service and defined as an exempt executive under section 67-5302 , Idaho Code, shall be at the rate represented by the proportion 200/2080. (2) Eligibility and use of vacation time shall be determined as follows: (a) An appointing authority shall permit each officer or employee to take vacation leave to the extent such leave has accrued. (b) Vacation leave may be accrued and accumulated only as follows, unless amounts in excess of the permitted accumulations have been expressly authorized in writing by the board of examiners during unusual or emergency situations: During the first ten thousand four hundred (10,400) hours of credited state service, vacation leave may be accrued and accumulated to a maximum of one hundred ninety-two (192) hours; employees classified as executive under section 67-5302 , Idaho Code, may accrue and accumulate vacation leave to a maximum of two hundred (200) hours during this period; During the second ten thousand four hundred (10,400) hours of credited state service, vacation leave may be accrued and accumulated to a maximum of tw
67-5337
TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 53 PERSONNEL SYSTEM 67-5337. Moving expense reimbursement. In order for the state to attract and retain professional staff, it may be necessary to defray normal intrastate and interstate moving expenses. The head of any department, office or institution of the state shall have the authority to decide whether or not to reimburse moving expenses for current or newly-hired state employees on a case-by-case basis up to ten percent (10%) of the employee’s base salary or fifteen thousand dollars ($15,000), whichever is less, and in compliance with rules for the reimbursement of moving expenses promulgated by the division of human resources. Exceptions to the maximum moving expense reimbursement may be granted if approved in advance by the department director. Agencies shall submit a report to the division of financial management and the legislative services office by October 1 on all moving expense reimbursements granted in the preceding fiscal year. History: [67-5337, added 2006, ch. 380, sec. 20, p. 1198.]
67-5338
TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 53 PERSONNEL SYSTEM 67-5338. Red cross disaster services. An employee of the state of Idaho, who is a certified disaster service volunteer, shall be granted paid leave for an aggregate of up to one hundred twenty (120) work hours, consecutively or nonconnectively, in any twelve (12) month period to participate in disaster relief services for the American red cross. Such leave shall be limited to services related to a disaster of level III, or higher, upon the declaration of the governor or the president of the United States, and shall be in the state of Idaho or a state contiguous to the state of Idaho. The request shall be in writing from an official of the American red cross for such employee’s services. Leave for disaster services shall be in addition to other paid leave or vacation time provided to employees. Part-time employees shall be entitled to leave under this section based on the proportion they work of a forty (40) hour week. History: [67-5338, added 2000, ch. 350, sec. 1, p. 1178.]
67-5339
TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 53 PERSONNEL SYSTEM 67-5339. loan repayment program. (1) There is hereby created an educational loan repayment program for eligible physicians, psychologists, and mid-level practitioners at state hospital north, state hospital south, and state hospital west. (2) For purposes of this section, the following definitions shall apply: (a) Mid-level practitioner means a position at a state hospital that is licensed as a nurse practitioner pursuant to chapter 14, title 54 , Idaho Code, or as a physician assistant pursuant to chapter 18, title 54 , Idaho Code. (b) Physician means a physician at a state hospital who is licensed to practice medicine pursuant to chapter 18, title 54 , Idaho Code. (c) Psychologist means a psychologist at a state hospital who is licensed to practice psychology pursuant to chapter 23, title 54 , Idaho Code. (3) The educational loan repayment program shall be subject to appropriation by the Idaho legislature. (4) The educational loan repayment program shall be limited to the repayment of outstanding loans accrued prior to employment in a qualifying job class for undergraduate, graduate and medical school incurred by physicians, psychologists or mid-level practitioners who are eligible for the program under the provisions of this section. (5) There is hereby created a state hospital governing body. The state hospital governing body shall have the responsibility to oversee the educational loan repayment program and the authority to offer loan repayment disbursements under the program and shall annually review each loan repayment agreement entered into pursuant to subsection (6) of this section and determine whether continuation of the loan repayment program for each participating employee shall occur based on the number of program participants and the availability of funds. The state hospital governing body shall consist of the administrator of the division of behavioral health, the hospital administrator of state hospital south, the president of the medical staff at state hospital south, the hospital administrator of state hospital north, and the hospital administrator of state hospital west. The administrator of the division of behavioral health shall be the chair of the state hospital governing body. (6) Employees eligible for loan repayment under the provisions of this section shall be required to enter into an agreement with the state hospital governing body each year a loan repayment disbursement is offered. The agreement shall include, but not be limited to, the following: (a) Disclosure of the employee’s current student loan balance; (b) Affirmation by the hospital that the employee has provided no less than two thousand eighty (2,080) credited state service hours prior to first disbursement and that the employee has obtained satisfactory performance standards during this time; (c) Affirmation that any subsequent disbursements occur one (1) year or two thousand eighty (2
67-5340
TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 53 PERSONNEL SYSTEM 67-5340. Leave of absence with pay in lieu of worker’s compensation benefits. (1) Whenever any employee of the state of Idaho who is categorized as a police officer for retirement purposes pursuant to section 59-1303 , Idaho Code, is physically disabled by a serious injury arising out of and in the course of his duties, and the injury is induced by a second party, he shall be entitled, regardless of his period of service with the department, to a leave of absence while so disabled without loss of salary or benefits for a period of not more than one (1) year. Any worker’s compensation payments made to the employee shall revert back to the employee’s department. For the purposes of this section, serious injury means an injury that renders the police officer incapable of performing the regularly assigned duties of his regular employment position or office and injury induced by a second party means an injury induced by the negligent, malicious, or intentional act or omission of another person during a chargeable misdemeanor or felony. (2) It shall be the duty of the director of the applicable department to determine whether or not the disability referred to in subsection (1) of this section arose out of and in the course of duty. The director of the applicable department shall also determine when such disability ceases. (3) Payment of salary pursuant to this section shall not preclude the disabled police officer from receiving regular medical, surgical or hospital coverage as provided pursuant to section 67-5761 , Idaho Code. (4) If a police officer is disabled for more than one (1) year, then the regular disability insurance provisions of the Idaho Code shall apply to any period of disability beyond the one (1) year period of disability covered by this section. (5) The provisions of this section shall not apply to periods of disability that occur subsequent to termination of employment by resignation, retirement, or dismissal. When the provisions of this section do not apply, the employee shall be eligible for those benefits that would apply if this section had not been enacted. History: [67-5340, added 1988, ch. 376, sec. 1, p. 1109; am. 2023, ch. 7, sec. 9, p. 25.]
67-5342
TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 53 PERSONNEL SYSTEM 67-5342. Severance pay for state employees. Upon termination from state service, no classified, nonclassified, or exempt employee shall be eligible for severance pay and no employer shall provide or pay severance pay to such an employee or former employee. As used in this section, severance pay shall mean money, exclusive of wages or salary, vacation leave payoff, and compensatory time leave payoff, paid to a classified, nonclassified, or exempt employee who resigns from state service of his own volition and not under duress. History: [67-5342, added 1993, ch. 336, sec. 1, p. 1265; am. 2006, ch. 380, sec. 21, p. 1198; am. 2022, ch. 112, sec. 14, p. 416.]
67-5342A
TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 53 PERSONNEL SYSTEM 67-5342A. severance pay — purchase of membership service prohibited. The provisions of this section shall apply to classified, nonclassified, and exempt state employees of the legislative and executive branches of government. For purposes of this chapter, the term severance pay as provided for in section 67-5342 , Idaho Code, shall include any payment by an employer toward the purchase of membership service pursuant to section 59-1363 , Idaho Code. Provided however, that nothing in this section shall change any rights provided pursuant to section 59-1362 , Idaho Code, related to active duty service. History: [67-5342A, added 2010, ch. 173, sec. 1, p. 356; am. 2022, ch. 112, sec. 15, p. 416.]
67-5343
TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 53 PERSONNEL SYSTEM 67-5343. Leave of absence for bone marrow or organ donation. (1) A full-time employee shall be granted a leave of absence for the time specified for the following purposes: (a) Five (5) workdays to serve as a bone marrow donor if the employee provides the appointing authority written verification that the employee is to serve as a bone marrow donor; and (b) Thirty (30) workdays to serve as a human organ donor if the employee provides the appointing authority written verification that the employee is to serve as a human organ donor. (2) An employee who is granted a leave of absence pursuant to the provisions of this section shall receive his compensation without interruption during the leave of absence. For purposes of determining longevity, performance, pay advancement and performance awards and for receipt of any benefit that may be affected by a leave of absence, the service of the employee shall be considered uninterrupted by the leave of absence. (3) The appointing authority shall not penalize an employee for requesting or obtaining a leave of absence pursuant to the provisions of this section. (4) The leave authorized by this section may be requested by the employee only if the employee is the person who is serving as the donor. (5) Full-time employees shall be notified of the leave offered pursuant to this section each April in an electronic message distributed by the state controller’s office. History: [67-5343, added 2006, ch. 257, sec. 1, p. 794; am. 2018, ch. 98, sec. 2, p. 207.]