Common use of Appointment and Removal Clause in Contracts

Appointment and Removal. Legislative committee clerks are appointed for a term that coincides with the legislative biennium and are employed jointly by the Presiding Officers and are subject to direction, management and supervision by the Committee Chairs. Committee clerks serve at the pleasure of the Presiding Officers. The Discipline and Grievance and Arbitration Procedure Articles of this Agreement do not apply to any decision made by the Presiding Officers or Committee Chairs (or the manager of the Legislative Information Office or the Executive Director when acting in their stead for the matters described herein and at their direction) to terminate, discipline, assign and direct the work and performance of, schedule work during a legislative session of, or schedule interim committee work (subject to the provisions set forth in numbered paragraph 3 below), of a committee clerk. Nothing in this Article supersedes, reduces or modifies the Management Rights Article, Article 11. If a committee clerk disagrees with a decision by the Presiding Officers or their designees made pursuant to the above paragraph, the committee clerk may request and will be granted an opportunity, upon reasonable notice and at such time that does not interfere with legislative operations, to meet with the Presiding Officers or their designees to state his or her disagreement with the decision. The committee clerk is entitled to have a union representative present at such a meeting. At the commencement of a first regular session of the Legislature, an individual who has served as a committee clerk during the prior legislative session, other than an individual whose employment was terminated for just cause or who did not resign in good standing, and who desires to be appointed to serve a new term may file a resume and application, or other application materials as required, with the Executive Director’s Office c/o the Human Resources Director. Prior to the appointment of committee clerks for the first regular session and except as provided under Resignation from Employment, Article 47, the appointing authorities will be provided with the resume and other application materials of such an individual, along with notes, comments and recommendations as to the individual’s qualifications and standing as is deemed appropriate by the Executive Director or designee. If not otherwise noted on the resume, the Executive Director or designee will indicate on the application materials the name of the committee for which the individual served during the prior legislative session. If a formal interview process is undertaken by a committee among a pool of applicants for appointment to a clerk’s position, an individual who has served as a committee clerk for that committee during the prior session and who has applied for consideration will be interviewed. The appointing authorities are not required or otherwise obligated to appoint such an individual, regardless of past work performance or service as a committee clerk. The names of individuals whose applications have been provided under this Article but who are not appointed will be retained on a list of interested applicants until adjournment sine die of the second regular session. If an existing committee clerk position becomes vacant prior to adjournment sine die of the second regular session, the appointing authorities will be provided the resume and other materials related to individuals whose name is on the list prior to filling the vacancy.

Appointment and Removal. Legislative committee clerks are appointed for a term that coincides with the legislative biennium and are employed jointly by the Presiding Officers and are subject to direction, management and supervision by the Committee Chairs. Committee clerks serve at the pleasure of the Presiding Officers. The Discipline and Grievance and Arbitration Procedure Articles articles of this Agreement do not apply to any decision made by the Presiding Officers or Committee Chairs (or the manager of the Legislative Information Office or the Executive Director when acting in their stead for the matters described herein and at their direction) to terminate, discipline, assign and direct the work and performance of, schedule work during a legislative session of, or schedule interim committee work (subject to the provisions set forth in numbered paragraph 3 below), of a committee clerk. Nothing in this Article supersedes, reduces or modifies the Management Rights Articlearticle, Article 11. If a committee clerk disagrees with a decision by the Presiding Officers or their designees made pursuant to the above paragraph, the committee clerk may request and will be granted an opportunity, upon reasonable notice and at such time that does not interfere with legislative operations, to meet with the Presiding Officers or their designees to state his or her disagreement with the decision. The committee clerk is entitled to have a union representative present at such a meeting. At the commencement of a first regular session of the Legislature, an individual who has served as a committee clerk during the prior legislative session, other than an individual whose employment was terminated for just cause or who did not resign in good standing, and who desires to be appointed to serve a new term may file a resume and application, or other application materials as required, with the Executive Director’s Office c/o the Human Resources Directorhuman resources director. Prior to the appointment of committee clerks for the first regular session and except as provided under Resignation from Employment, Article 47, the appointing authorities will be provided with the resume and other application materials of such an individual, along with notes, comments and recommendations as to the individual’s qualifications and standing as is deemed appropriate by the Executive Director or designee. If not otherwise noted on the resume, the Executive Director or designee will indicate on the application materials the name of the committee for which the individual served during the prior legislative session. If a formal interview process is undertaken by a committee among a pool of applicants for appointment to a clerk’s position, an individual who has served as a committee clerk for that committee during the prior session and who has applied for consideration will be interviewed. The appointing authorities are not required or otherwise obligated to appoint such an individual, regardless of past work performance or service as a committee clerk. The names of individuals whose applications have been provided under this Article but who are not appointed will be retained on a list of interested applicants until adjournment sine die of the second regular session. If an existing committee clerk position becomes vacant prior to adjournment sine die of the second regular session, the appointing authorities will be provided the resume and other materials related to individuals whose name is on the list prior to filling the vacancy.