TEAM

FAQs about the TEAM Act

1. What are the purposes of the Act?

   • To establish a system that will attract, select, retain and promote the best applicants and employees based on performance and equal opportunities, and free from coercive political influences, and to provide technically competent employees to render impartial service to the public at all times.
   • To give agencies greater flexibility in personnel management and increase customer-focused effectiveness and efficiency of state government within a best practice environment.

2. Why do we need to do this now?

   • The State of Tennessee is committed to the principle of fair and equal employment of all applicants and employees, and is unwavering in its desire to employ the most talented and qualified individuals. Tennessee taxpayers expect state government to use their money to provide services as efficiently and effectively as possible.
   • State government has seen a 10 percent reduction in the workforce during the Great Recession. Approximately 40% of our state employees will be eligible for retirement in the next five years.
   • The current methods for hiring and other employment practices are not effective or efficient. Issues about these processes have been consistently raised by taxpayers, applicants, employees, and agencies.
   • In order to meet the challenges of the future, state government must have the flexibility to attract and select applicants best suited for positions based on knowledge, skills and abilities, and methods available to retain and reward those employees based on performance.

3. Does the TEAM Act affect longevity pay in any way?

   • No, the provisions of the TEAM Act would not affect longevity pay.

FAQs for State Employees

1. How will this affect current career service employees?

   • A majority of current career service employees would not see changes to their position title or salary as a result of this Act. They would be called “preferred” employees, and granted a right to file certain complaints based on the application of a law, rule, or policy to that employee.

2. What changes would be made?

   • All preferred employees would have the right to appeal a dismissal, demotion or suspension identifying the law, rule or policy concerning the employee.
   • The appeal process would have three steps, each with a time limit, ending with a Board of Appeals administratively attached to the Department of Human Resources.
   • Probationary periods would be a minimum of one year. An employee on probation at the time of the passage would not be affected.
   • Methods for rewarding performance with pay would be established.
   • Position openings would be announced for a minimum of one week.
   • Referred list of eligibles would include all applicants meeting the pre-established minimum qualifications. Agencies would be required to interview a minimum of three candidates as well as any veterans on the list. Agencies would also be required to interview spouses of veterans as defined in the Act.
   • Employees affected by a reduction in force would receive a minimum of 30 days notice.
   • In a reduction in force, the order of layoff would be based on performance first, then seniority, skills and abilities and disciplinary record.
   • Covered employees affected by RIF would be granted an interview for positions in the same classification they held prior to the RIF for a period of one year, provided they apply for the position.

3. How would this affect veterans, who are currently given preference in the application process?

   • Veterans who appear on a referred list will continue to receive preference by receiving an invitation to interview. If a veteran on the referred list is equal in minimum qualifications, knowledge, skills and abilities to any other applicant, the veteran shall be given preference for the position. Spouses of veterans as defined in the Act would also be granted the opportunity for interviews.

4. Would number of years of state service not be considered at all in personnel decisions going forward?

   • State service would be considered as a factor in determining order of layoff. In the event of layoff, veterans would receive an additional 60 months of service credit.

5. How would state employees be protected from capricious or political disciplining and firing?

   • The Act includes provisions to protect employees by complying with all state and federal equal opportunity and nondiscrimination laws, and would allow for preferred employees to appeal the application of a specified law, rule or policy to the employee.

6. How would the new system prevent political cronyism in the hiring process?

   • The Act includes provisions which would not allow for weight to be given to political opinions or affiliation in any portion of the application process, and would require all applicants to be competitively assessed against the qualifications for the position.

7. Why are you doing away with the Civil Service Commission?

   • The current process for grievances is lengthy, and can include up to six different appeals. The new appeals process has fewer steps and is time limited, giving both employees and agencies finality to issues in the workplace. The Board of Appeals will be made up of citizens with varying backgrounds from across the state and can provide impartial assessments of each appeal.

8. What changes would be made to performance evaluations?

   • The Department of Human Resources is in the process of overhauling the performance appraisal process and the TEAM Act requires that employee performance standards and expected outcomes be specific, measurable, achievable, relevant to the strategic objective of the employee’s state agency or division, and time sensitive.

9. Will state employees get a raise this year?

   • The Governor has said that his budget proposal will include an increase for state employees. In addition, it will include funding for a salary survey designed to determine where the salaries for various job classifications are in relation to the overall market, and funds dedicated to take a first step in addressing recommendations from the survey.