Here’s the major proposals on the ESC reform bill, S. 391.
commissioners: The commissioners’ salaries must be approved by the Agency Head Salary Commission. New commissioners must be 2 years removed from the General Assembly Commissioners must be accountable to the Ethics Commission
at will: Executive Director appointed by governor with advice and consent of Senate; serve at-will The Executive Director, Assistant Directors and Area Directors are at-will employees Tech schools, Commerce and Workforce must have compatible computers;
temp workers: Workers placed by a temp service must return to the temp service for possible further assignment prior to filing for unemployment
fraud: The department must increase investigations of fraud and misrepresentations by claimants, keep detailed records of all commission hearings and make them available to the General Assembly, improve interagency integration and data sharing, and refer all cases of significant claimant and/or employer fraud to the Attorney General to determine whether to prosecute the offender (ESC can do all of this now. This is the resolution adapted to the statute.)
They must promulgate regs on the hearing and appeals procedures.
fired employees: Addition of “gross misconduct” as a list of items for which all benefits are denied and employee must re-establish their wage base with a new employer in order to draw future benefits. The list includes: wilful or reckless employee damage to employer property of more than fifty dollars; alcohol possession or use; theft of more than fifty dollars; criminal assault or battery; criminal abuse of patient or child in his professional care; willful failure to comply with a lawful, reasonable order; willful neglect of duty. All other “fired for cause” remains at the discretion of the ESC to disqualify from 5-26 weeks.