Montana Code 2-15-1705. Board of personnel appeals — allocation — composition — vote necessary for decision — quasi-judicial
2-15-1705. Board of personnel appeals — allocation — composition — vote necessary for decision — quasi-judicial. (1) There is a board of personnel appeals.
Terms Used In Montana Code 2-15-1705
- Department: means a principal functional and administrative entity that:
(a)is created by this chapter within the executive branch of state government;
(b)is one of the 20 principal departments permitted under the constitution; and
(c)includes its units. See Montana Code 2-15-102
- Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
- Quorum: The number of legislators that must be present to do business.
(2)The board is allocated to the department of labor and industry for administrative purposes only as prescribed in 2-15-121.
(3)(a) The board consists of five members and three substitute members appointed by the governor as follows:
(i)two members who are full-time management employees in organizations with collective bargaining units or who represent management in collective bargaining activities and a substitute member with the same qualifications as the other two members who is to serve in place of an absent member and to participate only in the decisions of the proceeding that the substitute member is attending;
(ii)two members who are full-time employees or elected officials of a labor union or an association recognized by the board and a substitute member with the same qualifications as the other two members who is to serve in place of an absent member and to participate only in the decisions of the proceeding that the substitute member is attending; and
(iii)one other member having general labor-management experience who is the presiding officer and a substitute member with the same qualifications as the other member who is to serve in place of an absent member and to participate only in the decisions of the proceeding that the substitute member is attending.
(b)All members of the board shall serve as impartial decisionmakers and are not appointed to serve the interests of the organizations they represent.
(c)A substitute board member is entitled to the same compensation and per diem when serving as the other members of the board.
(4)In all proceedings before the board, a favorable vote of at least a majority of a quorum is sufficient to adopt any resolution, motion, or other decision.
(5)The board is designated a quasi-judicial board for purposes of 2-15-124.