as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:56am
A bill for an act
relating to state government; requiring state agencies to develop policies
regarding telecommuting by state employees; requiring a report.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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For purposes of sections 1 to 5, the following terms have
the meanings given them.
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"Agency" means any board, commission, authority, department,
entity, or organization of the executive branch of state government.
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"Alternate work location" means a worksite
other than a central workplace, including an employee's home, where official state
business is conducted.
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"Central workplace" means an assigned place of
work or duty station owned and operated by the state that is the primary workstation
for employees.
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"Department" means the Department of Finance.
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"Telework" means a work arrangement in which supervisors
direct or permit employees to perform their regular job duties at an alternative work
location for a specified number of days per week.
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"Telework agreement" means a written agreement
between an employer and employee that contains the terms and conditions of an
employee's work at an alternative work location.
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"Work schedule" means an employee's hours of work in a
central workplace or alternate work location.
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Each state agency shall organize a
telework committee composed of representatives of management and nonmanagement
employees from all parts of the agency, including exclusive representatives of agency
employees. Each telework committee shall, by November 1, 2010, submit a draft telework
proposal to the agency executive director, board, or commission that contains, at a
minimum, the following elements:
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(1) goals and scope of an agencywide telework program;
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(2) how telework will benefit the agency;
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(3) work tasks that are appropriate and inappropriate for telework;
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(4) a selection process for teleworkers;
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(5) how teleworkers will communicate with supervisors;
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(6) how employees will be supervised; and
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(7) how a telework program will be evaluated.
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An agency executive director, board, or
commission must review and approve, reject, or modify the draft telework proposal. A
telework policy document, incorporating the comments of the executive director, board,
or commission on the draft proposal, must be submitted to the department by the agency
by January 1, 2010.
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The department must develop telework policies
that will apply to all state agencies, including, at a minimum:
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(1) teleworker equipment and software needs, and how costs should be allocated
between agencies and employees;
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(2) liability issues;
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(3) procedures regarding a teleworker's working on restricted-access materials at an
alternate work location, and how confidentiality of data and security can be maintained;
and
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(4) training for telework employees and supervisors of telework employees.
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The department must develop a sample telework
agreement form that each telework employee and that employee's supervisor must sign.
A telework agreement must address the following issues:
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(1) the work schedule, and procedures for changing it;
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(2) equipment and supplies that a telework employee will use, and who is responsible
for maintaining them;
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(3) elements of the policies developed under subdivision 1; and
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(4) other elements as determined by the department.
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Nothing in the policies developed under sections 2 and 3 abrogates rights provided
under a collective bargaining agreement.
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By March 1, 2010, the department shall submit a report to the chairs and ranking
minority members of the senate and house of representatives committees with primary
jurisdiction over state government operations, telecommunications policy, and workforce
development policy containing a summary of the agency telework policies submitted
under section 2 and the policies developed by the department under section 3.
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Sections 1 to 5 are effective the day following final enactment.
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