§ 39:87.6 — Gainsharing Program

Louisiana § 39:87.6

• Jurisdiction: Louisiana
• Title 39: Procurement and Contract

Text

§87.6. Gainsharing Program
A. The program. There is hereby established the "Gainsharing
Program" whereby state agencies are encouraged to implement gainsharing
plans for achievement of efficiencies in their operations which yield monetary
savings while at the same time maintaining expected levels of performance.
The employees responsible for achievement of gainsharing plans and the
resulting efficiencies shall participate in the benefits of such savings. The
Gainsharing Program shall consist of a process by which an agency which
implements and accomplishes a gainsharing plan may submit a request for a
gainsharing authorization to the commissioner of administration, hereinafter
the "commissioner". The commissioner may grant gainsharing authorizations
as he deems appropriate under the provisions of this Section and administrative
rule. For purposes of this Section, "agency" shall mean an entity defined by
R.S. 39:2(2) which receives funding through the General Appropriation Act
or the Ancillary Appropriation Act. Monetary savings eligible for
consideration under this program shall be limited to state general fund monies
and other monies which are subject to remission to the state general fund at the
close of the fiscal year.
B. Request process. (1) The head of an agency who can empirically
prove the successful achievement of a gainsharing plan which resulted in a
discernable reduction in monies expended for the accomplishment of a
particular activity, program, function, or action, collectively referred to
hereinafter as "activity", may submit a request to the commissioner for the
granting of a gainsharing authorization. The request shall include an
explanation of the efforts of the employees responsible for achievement of the
gainsharing plan. The request shall further contain all evidence, data, and
performance information which may be required by the commissioner for
verification and consideration of the request.
(2) Prior to any review of an agency's request, the commissioner shall
determine the agency's eligibility for a gainsharing authorization by confirming
that the performance standards for the program or budget unit comprising the
activity which forms the basis for the request were met as evidenced in its most
recently completed Mid-Year or Year End Performance Progress Report.
Requests from agencies which have not met all of their performance standards
shall be ineligible for further review by the commissioner.
(3) The commissioner shall review the requests and determine whether
sufficient evidence is presented to support the claim made. The commissioner
shall complete his review within sixty days of receipt of each request.
C. Gainsharing authorizations. (1) The commissioner is authorized to
grant a gainsharing authorization to an agency based on his satisfaction that the
agency's request demonstrates accomplishment of a gainsharing plan resulting
in verified efficiencies, monetary savings, and maintenance of performance.
Any gainsharing authorization for a particular agency which exceeds fifty
thousand dollars in the aggregate shall require approval of the Joint Legislative
Committee on the Budget, or a subcommittee thereof, hereinafter referred to
as "the committee".
(2) A gainsharing authorization shall permit an agency to utilize state
general fund monies, and other monies which are subject to remission to the
state general fund, for the listed purposes and in the amounts specified in the
gainsharing authorization.
(3) A gainsharing authorization shall be executed no later than the
thirtieth day of June, and shall be made for a specific fiscal year and agency,
and for a dollar amount not to exceed the amount of the monetary savings
evidenced in the request. Fifty percent of monies available pursuant to the
authorization shall be returned to the state treasury, and fifty percent shall be
distributed to the employees cited in the agency's request as the staff
responsible for achievement of the efficiencies and savings. Such distributions
to employees shall be subject to the approval of the Department of State Civil
Service in accordance with applicable rules and regulations. The
commissioner may provide by rule for distributions to unclassified employees.
Distributions to employees shall be made within sixty days of the granting of
a gainsharing authorization.
(4) Notwithstanding any other provision of this Title to the contrary,
the commissioner is authorized to implement any internal budgetary
adjustments necessary to incorporate monies made available pursuant to a
gainsharing authorization into the budget of the respective agency for
expenditure pursuant to the authorization.
(5) The commissioner shall notify the committee of any gainsharing
authorization granted at the time it is made.
(6) No retirement contributions shall be made based on funds
distributed to employees and no funds so distributed shall be considered in the
determination of retirement benefits.
(7) An agency receiving a gainsharing authorization shall continue the
practices and policies contained in the successful gainsharing plan in
subsequent years.
D. The commissioner shall establish rules and regulations in
accordance with the Administrative Procedure Act for the administration of
this program. The rules and regulations shall be submitted to the committee
for approval prior to adoption and implementation.

Legislative History

Acts 2002, 1st Ex. Sess., No. 111, §1.