An Act to Establish
Maine Legislature, Session 132, LD 2090
Committee Amendment CA_A_H941 (House)
Amends: 5 MRSA §7051, 30-A MRSA §2701

COMMITTEE AMENDMENT "/\ " to H.P, 1405, L.D. 2090, "An Act to Establish
a One-year Probationary Period for Public Safety Dispatchers"
Amend the bill by striking out the title and substituting the following:
'An Act to Modify Probationary Periods for Dispatchers'
Amend the bill by striking out everything after the enacting clause and inserting the
following:
'See. 1. 5 MRSA §7051, sub-§5, as corrected by RR 2023,c. 1, Pt. B, §21 and
affected by §50, is amended to read:
5. Probationary period; permanent appointments. All original appointments to the
classified service and all subsequent promotional appointments within the classified service
must be for a probationary period. The duration of the probationary period, which may not
be for less than 6 months in any case. is determined by the officer in consultation with the
director or commissioner of the agency, but in no case may it be for less than 6 months
except that in the case of dispatchers, the probationary period may be extended for more
than 6 months as determined by the director or commissioner of the agency, unless
otherwise provided for in a collective bargaining agreement. An agency that emoloys a
dispatcher shall adopt a written policy reRardine the leneth of the probationary period for
dispatchers and disclose the policy to the dispatcher at the time of hire. For the Durposes
ofthisjiubsection. "dispatcher" has the same meaning as in section l^lll^s^^^^ 1.
A. An employee during the probationary period must be reviewed at the end of the
employee's 3rd month of employment by the employee's supervisor. The supervisor
and the employee shall mutually discuss the job tasks and the performance of the
employee, including any necessary improvements.
B. An employee during the probationary period must be included in the payroll of the
department in which the employee has been hired at the time of the commencement of
the employee's duties. An employee during the probationary period must be
compensated in the same manner as a permanent full-time employee, as long as the
employee has been hired in accordance with all applicable laws and procedures.
COMMITTEE AMENDMENT
^ COMMHTEE AMENDMENT "/^ " to H.P. 1405, L.D. 2090
C. During the probationary period, an employee is not entitled to a pre-disciplinary
hearing and may be dismissed, suspended or otherwise disciplined without cause.
Dismissal, suspension or any other disciplinary action against an employee during the
probationary period is not subject to the grievance and arbiteation provision of the
collective bargaining agreement.
See. 2. 30-A MRSA §2701, first % as amended by PL 1993, c. 744, §15, is further
amended to read:
Except as specifically provided otherwise by charter or ordinance, any reference to
cause and hearmg in this Part only applies to an employee who has completed a reasonable
probation period established by the municipality. Periods of probation may not exceed 6
calendar months or the length of time in effect in a municipality on January 1, 1984,
whichever is greater, except in the case of police officers, who upon being hired shall
complete an employment probationary period that lasts for at least one year after graduation
from the Maine Criminal Justice Academy or the date the board waives the basic training
requirementT. and except in the case of dispatchers, who upon being hired shall complete
an employment probationary period that lasts for at least 6 months except as otherwise
orovided for in a collective bareainine agreement. An_agency that employs a dispatcher
shall adopt a written policy reearding the lenefh of the orobationary period for dispatchers
and disclose the policy to the dispatcher at the time of hire. For the purposes of this
paraerapli, "dispatcher" has the same meanina as in Title 5, section 18313, subsection 1,'
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively.
SUMMARY
This amendment changes the title and replaces the bill. The amendment requires
municipal employee dispatchers to complete an employment probationary period that lasts
for at least 6 months except as otherwise provided for in a collective bargaining agreement.
The amendment requires state employee dispatchers to complete a probationary period of
at least 6 months which may be extended as determined by the director or commissioner of
the agency, except as otherwise provided for in a collective bargaining agreement. An
agency that employs a dispatcher shall adopt a written policy regarding the length of the
probationary period for dispatchers and disclose the policy to the dispatcher at the time of
hire.
Page2-132LR2783(02)
COMMITTEE AMENDMENT