A case currently before the Supreme Court has significant bearing on state employees, their rights under the federal Family and Medical Leave Act (FMLA), and state sovereignty versus federal power.

In Nevada Department of Human Resources v. Hibbs, Nevada state employee William Hibbs is suing his employer for monetary damages under the FMLA. Hibbs was fired for staying home to take care of his wife who had sustained a severe neck injury in a car accident. Under the FMLA, all workers are entitled to a maximum of 12 weeks of unpaid leave to care for a seriously ill family member or new child.

Nevada officials argue that the state is immune from lawsuits by private individuals; therefore, Hibbs cannot sue the state. Further, Nevada maintains that the FMLA is an economic regulation, falling under the 11th Amendment, which grants states immunity from certain lawsuits.

The attorney arguing on Hibbs's behalf maintains that the FMLA is an anti-gender-discrimination law authorized by the 14th Amendment.

Court observers are watching Justice Sandra Day O'Connor closely. O'Connor, who has sided with the majority on cases reaffirming states' sovereign immunity also has a record of supporting women's rights.

The Supreme Court is expected to decide the case by the end of June.
 

Governing lists top 10 issues of 2003

The January 2003 issue of Governing Magazine features "Ten Issues to Watch" during the 2003 legislative sessions.

10: Medical worker shortage.

9: Election reform.

8: Privacy (which encompasses issues ranging from identity theft to business use of personal data for marketing).

7: Welfare.

6: Insurance. (The magazine notes that homeowners' and medical malpractice insurance are in the spotlight.)

5: Air quality. ("The absence of federal action has set the stage for state regulation," according to the magazine.)

4: Education standards.

3: Health costs (Medicaid, health insurance and prescription drugs).

2: Homeland security.

1: And the number one issue in 2003: Budget shortfalls.
 

Commission suggests changes in government

The bipartisan National Commission on the Public Service, led by former Federal Reserve chairman Paul Volcker, is recommending to Congress and the White House a "sweeping reorganization of the federal government."

In its report, Urgent Business for America: Revitalizing the Federal Government for the 21st Century, the commission offers 14 major recommendations, including:

• Reorganization of the federal government into a limited number of mission-related executive departments containing individual operating agencies with management and personnel systems designed for their needs;

• Reform of the presidential appointments process, accompanied by a significant reduction in the number of executive branch political positions;

• Salary levels for executive, judicial and congressional pay that are commensurate with the nonprofit sector;

• Salary reform that would permit agencies to set compensation related to current market comparisons, with promotion and compensation tied to performance; and

• Clear, preset standards and goals for competitive outsourcing that advance the public interest and do not undermine core competencies of the government.

"Disciplined policy direction, operational flexibility, and clear and high performance standards are the guiding objectives of our proposals," says Volcker. "Our report calls for sweeping changes in organizational structure and personnel incentives and practices. Clarification and consolidation of responsibility for policymaking executives, combined with greater delegation of operational functions to agency managers, should be the hallmark of progress."

"The broad reorganization activity in this report will not be the work of months or a single session of Congress," the report says. "It should be an agenda for years."

A complete copy of the report is available online at www.brookings.edu/volcker.