[§302A-620]  Classification/compensationappeals board; adjustments to classification/compensation plan.  (a)  Thereshall be established a classification/compensation appeals board within thedepartment for administrative purposes.  The appeals board shall be composed ofthree members.  One member shall be appointed by the board of education and onemember appointed by the exclusive bargaining unit representing educationalofficers.  The third member shall be appointed by the governor and shall serveas chairperson.  No member shall be an employee of the department, a member ofthe board of education, or an employee of the organization representingeducational officers.  The appeals board shall sit as an appellate body onmatters of classification/compensation.  All decisions of the appeals boardshall be by majority vote and be binding on both parties.

(b)  The appeals board shall meet bienniallyevery even-numbered year to receive pricing appeals from affected persons andparties relating to the classification/compensation plan.  All petitions forappeal shall be filed with the appeals board within twenty days from the dateset by the appeals board for receipt of these appeals.

The appeals board shall meet on a quarterlybasis as needed to receive classification appeals.  All petitions foreducational officer classification appeals shall be filed with the appealsboard within twenty working days from the date of receipt of notification ofthe classification action or twenty working days from the date of receipt ofthe superintendent's written decision on the employee's internal administrativereview appeal.

(c)  The appeals board shall functionindependently of the board of education and the department, but may procureoffice facilities and clerical assistance from them.  Neither the appeals boardnor any of its members or staff shall consult with any member of the board ofeducation or department except on notice and opportunity for the appealingemployee or the employee's representative to participate.

The appeals board shall adopt policies andstandards relative to classification/compensation.  The appeals board may adoptrules pursuant to chapter 91 for the conduct of appeal hearings.

(d)  The appeals board shall make whateveradjustments that are necessary to the affected classes where the appeals havebeen filed in the classification/compensation plan.

The appeals board shall hear pricing appealsand complete the final adjustment to the classification/compensation plan bythe first Wednesday of December of all even-numbered years.  Following thefinal pricing adjustment to the classification/compensation plan, thesuperintendent shall submit to the legislature, through the office of thegovernor, a report setting forth the classification/compensation plan and thecost thereof for its information and approval.  The approvedclassification/compensation plan shall be effective as of July 1 of eachodd-numbered year.

The appeals board shall hear classificationappeals on a quarterly basis upon receipt of the appeals.  The effective dateof the appeals for twelve-month educational officers shall be the first payperiod immediately following the receipt of the current position description bythe classification/compensation section of the department.  The effective datefor ten-month officers shall be the beginning of the appropriate semester(September or January).

(e)  Notwithstanding any other laws to thecontrary, each member of the appeals board shall receive $50 per day for eachday on which work is done by them in connection with authorized activities ofthe appeals board.  The cost thereof shall be met by legislative appropriationsfor the appeals board. [L 1996, c 89, pt of §2]