SHORT REPORT TELEWORK IN WYOMING - WYOMING LEGISLATIVE SERVICE OFFICE

Page created by Lance Butler
 
CONTINUE READING
SHORT REPORT TELEWORK IN WYOMING - WYOMING LEGISLATIVE SERVICE OFFICE
WY O M I N G L E GI S L A T I V E S E R V I C E O F F I C E

                           SHORT REPORT

                         T ELEWORK IN W YOMING
                                          October 2020
                                   Wyoming Legislative Service Office
                                    Research and Evaluation Division

INTRODUCTION:
In response to a request made by the Management Audit Committee at its August 31, 2020,
meeting, the Legislative Service Office (LSO) researched telework in Wyoming state government,
and in other states and entities, including the benefits and drawbacks associated with telework.
This Short Report summarizes telework policies and procedures in Wyoming and other states,
presents benefits and drawbacks associated with telework, and describes how telework is currently
functioning for State agencies.

BACKGROUND:
TELEWORK IN WYOMING
Prior to the COVID-19 crisis, Wyoming State government administered telework through the
Department of Administration and Information’s (A&I) Telework Wyoming Program. A&I’s
Human Resources Division (HRD) initially implemented the Telework Wyoming Program in
April of 2015. The Program establishes a system for State employees to telework, but only for
eligible positions meeting certain requirements. For example, the job must be performed
successfully at an extended work site, require little face-to-face contact, not require a high level of
office input, not use information that is restricted to the office, etc. The Program does not allow
for widespread use across government, and the handbook suggests that the average teleworker only
teleworked for one to three days per week rather than full-time. The handbook also states that
teleworking is not a universal employee right, nor a universal employee benefit. Prior to COVID-
19, if a job was telework eligible, the employee completed a telework application which outlined
how the telework would take place. If the application was approved by their supervisor and A&I,
the employee and their agency signed a Memorandum of Understanding (MOU). The application

                                                                                             Page |1

      20SR006 • RESEARCH AND EVALUATION DIVISION • 200 W. 24th Street • Cheyenne, Wyoming 82002
             TELEPHONE 307-777-7881 • EMAIL lso@wyoleg.gov • WEBSITE www.wyoleg.gov
PAGE 2 OF 10

and MOU were then sent to the Human Resources Division of A&I. Approximately 100 employees
were teleworking prior to 2020.1

In response to the COVID-19 crisis, Governor Gordon and A&I adopted the State of Wyoming
Emergency Telework Preparedness Policy on March 10, 2020. The purpose of the emergency
policy was to help prevent workplace exposure to acute respiratory illnesses, including COVID-
19, and to mitigate the transmission of the virus. The emergency policy notes that the plan allowed
State government to react immediately if State office building closures were mandated. The policy
required agencies to identify all employees eligible to work remotely from home for a period of 7-
14 days by March 20, 2020. In the policy A&I waived current telework rules and policy approval
requirements for eligible employees and employees were instead subject to the emergency policy.
The emergency policy simply required that employees sign an acknowledgement form on the
State’s performance management system that the employee would have access to space and
supplies to conduct work from home, forward work phones, etc.2

On March 20, 2020, the Governor released a memorandum to State employees to update his
guidance on telework. The Governor directed that telework be granted on a wider basis than
previous directives which had only relaxed prerequisites of the Telework Wyoming Program. Any
employee that had a job that could be completed through telework was granted permission to
telework subject to the ability of the employee to perform their duties from home. The
memorandum kept State office buildings open and stated that if such closures occur, A&I’s
Emergency Telework Preparedness Policy would apply. To date, State offices have remained open
with executive branch employees working under the emergency policy and the March 20, 2020
directive in the Governor’s memorandum. Although buildings remained open, the emergency
policy was eventually implemented contractually via State employees signing the
acknowledgment form.3

TELEWORK IN OTHER STATES
Prior to the COVID-19 crisis, many states, including neighboring states such as Colorado, Idaho,
and Montana already had telework policies in place for government employees to use. Colorado
developed its “Flexible Work Arrangements” telework policy to recruit and retain a qualified
workforce, reduce traffic congestion, enhance state services through increased efficiency and

1
    Telework Wyoming Program (April 2015). Human Resource Division, Department of Administration and
Information. & Wyoming Department of Administration and Information Officials.
2
    State of Wyoming Emergency Telework Preparedness Policy (March 10, 2020). Human Resource Division,
Department of Administration and Information.
3
    Update Guidance on Telework to Address Covid-19 (March 20, 2020). Mark Gordon, Governor. & Wyoming
Department of Administration and Information Officials

        20SR006 • RESEARCH AND EVALUATION DIVISION • 200 W. 24th Street • Cheyenne, Wyoming 82002
               TELEPHONE 307-777-7881 • EMAIL lso@wyoleg.gov • WEBSITE www.wyoleg.gov
PAGE 3 OF 10

productivity, and customer service.4 Similar to Wyoming’s policy, Colorado’s policy explains that
telework is not an employee benefit or right and does not mandate participation. The policy
requires that each department and higher education institution have a plan in place for assessing
position and employee suitability for telework. Each approved telework arrangement must include
an agreement signed by supervisor and employee; however, the policy allows for short-term
informal or emergency arrangements without the agreement.5

Idaho’s telework policy’s goals are to attract employees in hard-to-fill or hard-to-retain positions,
target new labor markets, and reduce work commutes.6 The policy requires that teleworking
employees live in Idaho during their employment except with an exemption.7 Like other states, the
policy explains that teleworking is not an employee right. The employee must initiate the
application process through an employee teleworking request. If the request is approved, the
employee enters into an employee teleworking agreement with their supervisor and agency.8

Montana’s telework policy’s goal is to help agencies improve work efficiency by allowing certain
employees to telework.9 Different than previous states, Montana does not delineate whether
teleworking is a universal right or benefit. Agency management can encourage or mandate training
for supervisors and managers on how to manage teleworkers. Instead of the Montana equivalent
of A&I (HRD) having final say agencies have sole discretion in managing telework. The policy
requires that every agency that has teleworking employees create an annual telework report. The
telework policy suggests that individual agency policies should maximize the appropriate use of
telework without diminishing employee performance.10

During the COVID-19 crisis, many states implemented emergency executive orders or policies to
allow for telework. The Colorado Governor enacted two executive orders which delineated which
types of employees can telework. The first executive order, Ordering Coloradans to Stay at Home

4
    Flexible Work Arrangements (2008). State of Colorado, Division of Human Resources.
5
    Ibid.
6
    Idaho Executive Branch Statewide Policy; Section 7: Telecommuting
7
    All State of Idaho employees are expected to work within the State of Idaho. If an agency has a need for an
employee(s) to work outside of the State of Idaho, the agency must first have approval from Division of Human
Resources and Division of Financial Management before hiring or allowing an existing employee to regularly
perform their assigned duties from an out-of-state location. Idaho Executive Branch Statewide Policy; Section 7:
Telecommuting
8
    Idaho Executive Branch Statewide Policy; Section 7: Telecommuting
9
    Employee Handbook (2017). State of Montana
10
     Telework Policy (April 2010). State of Montana Department of Administration, State Human Resources Division.

            20SR006 • RESEARCH AND EVALUATION DIVISION • 200 W. 24th Street • Cheyenne, Wyoming 82002
                   TELEPHONE 307-777-7881 • EMAIL lso@wyoleg.gov • WEBSITE www.wyoleg.gov
PAGE 4 OF 10

(March 25, 2020), orders all non-critical government employees to stay at home.11 The second
executive order, Safer at Home (April 26, 2020), strongly encourages critical government
employees to telework when possible.12 Montana put in place emergency procedures, Emergency
Onsite and Remote Work Procedures (Effective March 23, 2020), to protect the health and safety
of State employees while maintaining critical operations. The procedures require agencies to
identify which employees are eligible to telework and agency managers establish teleworking
expectations with employees. The procedures are effective until further notice.13

TELEWORK IN FEDERAL GOVERNMENT
Telework in the Federal Government began after the passage of the Telework Enhancement Act
of 2010.14 The Government Accountability Office (GAO) stated that by passing the Act, Congress
acknowledged telework as an important human capital tool for agencies, as well as the need to
overcome resistance to telework.15 The Act gives authority to the Office of Personnel Management
(OPM) to manage telework and requires OPM work with agencies to implement the necessary
requirements. 16 The number of teleworking employees has increased since the Act was passed.
For example, between 2012 and 2016 the number of employees teleworking increased from
301,372 to 427,450.17

There are substantive differences between the Federal Government policies and the policies of
Wyoming and other states. For example, the Act requires that each agency appoint a Telework
Managing Officer.18 The Telework Managing Officer develops an agency telework policy, serves
as a resource for teleworkers and their managers, and advises on agency telework matters.19 Also,

11
     Ordering Coloradans to Stay at Home Due to the Presence of COVID-19 in the State (March 2020). Governor
Jared Polis Executive Order.
12
     Safer at Home (March 2020). Governor Jared Polis Executive Order.
13
     Emergency Onsite and Remote Work Procedures (March 2020). State of Montana Department of Administration.
14
     Telework Enhancement Act of 2010, H.R. 1722, 111th Congress. (2010). https://www.congress.gov/bill/111th-
congress/house-bill/1722/text
15
     Additional Controls Could Strengthen Telework Program Compliance and Data Reporting (February 2017).
Government Accountability Office.
16
     Telework Enhancement Act of 2010, H.R. 1722, 111 th Congress. (2010). https://www.congress.gov/bill/111th-
congress/house-bill/1722/text
17
     Additional Controls Could Strengthen Telework Program Compliance and Data Reporting (February 2017).
Government Accountability Office.
18
     Telework Enhancement Act of 2010, H.R. 1722, 111th Congress. (2010). https://www.congress.gov/bill/111th-
congress/house-bill/1722/text
19
     Additional Controls Could Strengthen Telework Program Compliance and Data Reporting (February 2017).
Government Accountability Office.

        20SR006 • RESEARCH AND EVALUATION DIVISION • 200 W. 24th Street • Cheyenne, Wyoming 82002
               TELEPHONE 307-777-7881 • EMAIL lso@wyoleg.gov • WEBSITE www.wyoleg.gov
PAGE 5 OF 10

the Act requires employees and managers to complete interactive telework training.20 Finally, the
Act requires OPM to issue an annual report to Congress on the state of telework in the Federal
Government.21 The fiscal year 2018 report provides information on telework goals, goal progress,
reported cost savings, management efforts to promote telework, and employee perspectives. 22 On
March 15, 2020, the Office of Management and Budget provided updated guidance on telework
flexibilities due to COVID-19 in a memorandum. All executive branch departments and agencies
within the National Capital Region were asked by the memorandum to offer maximum telework
flexibilities to eligible employees.23

POTENTIAL BENEFITS AND DRAWBACKS OF TELEWORK:
MONETARY SAVINGS AND COSTS
Telework is associated with both savings and costs, however, definitively determining savings and
costs requires good data collection and supporting documentation. The GAO performed a study
on telework in 2016 that attempted to determine whether the savings and costs reported by agencies
was backed up by data and documentation. While four out of six agencies did not meet the criteria
GAO set for data collection and supporting documentation, others such as the US Department of
Agriculture (USDA) did meet the criteria.24 From 2011 to 2014, the USDA saved approximately
10 million dollars. The savings were broken down into categories, 5.9 million for real estate, 2.3
million for transit subsidies, 1.5 million for employee retention, and 334 thousand for utilities.25
These savings are typical for the type of savings reported by other agencies. Other cost savings
mentioned in OPM’s annual report include, but are not limited to, reduced absenteeism, continuity
of operations during emergencies, desk sharing, commuting costs, and administrative costs.26 The
GAO also identified one-time and ongoing costs associated with telework. The one-time costs
identified were program planning, initial IT setup, and employee outfitting. The ongoing costs

20
     Telework Enhancement Act of 2010, H.R. 1722, 111th Congress. (2010). https://www.congress.gov/bill/111th-
congress/house-bill/1722/text
21
     Ibid.
22
     Status of Telework in the Federal Government Fiscal Year 2018 (March 2020). United States Office of Personnel
Management.
23
     Updated Guidance for the National Capital Region on Telework Flexibilities in Response to Coronavirus (March
2020). Office of Management and Budget.
24
     Better Guidance Could Help Agencies Calculate Benefits and Costs (July 2016). Government Accountability
Office.
25
     Ibid.
26
     Status of Telework in the Federal Government Fiscal Year 2018 (March 2020). United States Office of Personnel
Management.

         20SR006 • RESEARCH AND EVALUATION DIVISION • 200 W. 24th Street • Cheyenne, Wyoming 82002
                TELEPHONE 307-777-7881 • EMAIL lso@wyoleg.gov • WEBSITE www.wyoleg.gov
PAGE 6 OF 10

identified were personnel training, equipment and services, and employee outfitting.27 RAND
breaks down the costs and savings into direct and indirect. For the employee, direct savings include
transportation costs and direct costs include the cost of maintaining a home office. For employers,
direct savings include reduced employee absences and reduced overhead costs and direct costs
include costs associated with fielding the infrastructure of telework, losing proprietary or secret
information, etc. Indirect savings and costs are discussed in the next section. 28

INTANGIBLE BENEFITS AND DRAWBACKS
Telework is also associated with benefits and drawbacks that are either intangible or indirect. The
intangible benefits associated with telework are varied depending on the source. For example,
OPM’s list of benefits for agencies includes increases in productivity, employee engagement,
recruitment and mission readiness during an emergency, and reductions in the need for
unscheduled leave. OPM’s list of benefits for employees includes increases in morale, flexibility
and work-life integration, and a reduction in stress.29 Whereas an analysis of private organizations
found that the benefits of telework were personal and professional development, better
organization of working hours, fewer trips and loss of time, etc.30 Indirect savings are higher
worker productivity, ability to recruit a larger pool of applicants, and the ability to optimize where
and when work activities are performed.31Negative employee issues are also associated with
telework, they include isolation, failure to separate work and home, external distractions, a lowered
awareness of internal organizational issues, etc.32 Drawbacks of telework that are intangible
include issues of organizational culture, information security, information technology limitations,
etc.33 Indirect costs are loss of supervisory control, balancing work and family, and loss in
innovation.34 Another type of drawback is that the intangible or tangible benefits may not occur
for an organization or agency.35

Other analyses did not find the purported benefits of teleworking they expected to see. For
example, in one analysis teleworking did not produce the expected increases in work
engagement.36 The null result found in the case of some analyses may be attributed to the

27
     Better Guidance Could Help Agencies Calculate Benefits and Costs (July 2016). Government Accountability
Office.
28
     Understanding Government Telework (2018). RAND.
29
     Work-Life Telework Brochure (2020). United States Office of Personnel Management.
30
     Telework and mobile working: analysis of its benefits and drawbacks (2012) Tremblay and Thomsin.
31
     Understanding Government Telework (2018). RAND.
32
     Why Isn’t Teleworking Working (2008). Rasmussen and Corbett.
33
     Flexible Work Arrangements (2008). State of Colorado, Division of Human Resources.
34
     Understanding Government Telework (2018). RAND.
35
     Ibid.
36
     The Benefits of Teleworking (2019). De Vries, Tummers, and Bekkers.

         20SR006 • RESEARCH AND EVALUATION DIVISION • 200 W. 24th Street • Cheyenne, Wyoming 82002
                TELEPHONE 307-777-7881 • EMAIL lso@wyoleg.gov • WEBSITE www.wyoleg.gov
PAGE 7 OF 10

paradoxical nature of telework.37 Paradoxical outcomes in telework research and analysis happen
often. The reluctance to embrace telework may be attributed to “inconclusive, unclear, and
paradoxical outcomes associated with telework phenomena as demonstrated in the research
literature”.38

TELEWORK IN THE STATE OF WYOMING:

A&I TELEWORK SURVEY 39
At the request of the Governor, A&I performed a survey of teleworking employees approximately
three months after the COVID-19 crisis began. A&I explained in the introduction of this survey
that after three months of teleworking, it was apparent that the State was able to continue business
without closures or halt of services. Therefore, the goal of the survey was to gauge the effectiveness
of telework. The survey had approximately 4,475 responses, including 1,271 supervisors and 3,204
non-supervisors. The survey results were generally positive towards teleworking. The majority of
respondents stated that they agreed or strongly agreed that they are satisfied with the quality of
interaction with their team. The majority of respondents stated that they agreed or strongly agreed
that morale is better when teleworking or saw no change in morale. A majority of respondents
were interested in teleworking in the future either part-time or full-time. A plurality of respondents
stated that their productivity increased by up to 20 percent or more than 20 percent. A majority of
respondents stated that their telework experience was the highest category (1, good). Due to the
positive results A&I stated that they want to move forward with a modernized, updated, long-term,
remote work force option for the State of Wyoming.

AGENCY INTERVIEWS
As part of this Short Report, LSO conducted interviews with various State agency heads and high-
level administrators, as well as A&I, to follow-up on the telework survey three months later. The
overall takeaway in discussing telework with A&I and agency administrators was that while
widespread telework had initially been a sort of forced experiment due to the COVID-19
pandemic, ultimately, administrators and staff found it to be a positive experience, demonstrating
that agencies could still perform at a high level with staff working remotely. Prior to the COVID-
19 pandemic, telework in State government had been largely limited under the existing Telework
Wyoming Program. The consensus among the interviewed agencies was the Telework Wyoming
Program had been cumbersome and restrictive. While one agency interviewed had approximately
50 employees teleworking pre-COVID-19, that agency was the clear outlier. Further, most

37
     Telework Paradoxes and Practices: The Importance of the Nature of Work (2016). Boell, Kecmanovic, and
Campbell.
38
     Telework Paradoxes and Practices: The Importance of the Nature of Work (2016). Boell, Kecmanovic, and
Campbell. Pg. 128
39
     State of Wyoming 2020 Telework Report (2020). Department of Administration and Information.

        20SR006 • RESEARCH AND EVALUATION DIVISION • 200 W. 24th Street • Cheyenne, Wyoming 82002
               TELEPHONE 307-777-7881 • EMAIL lso@wyoleg.gov • WEBSITE www.wyoleg.gov
PAGE 8 OF 10

agencies interviewed stated that even where they did have teleworking employees prior to the
pandemic, those employees were not working remotely full-time.

As the pandemic began, agencies relied upon the directives and policies put out by A&I and the
Governor. While some agencies went a step further and developed their own internal policies to
facilitate telework, most managed telework through their existing managerial structure, with
administrators and supervisors having discretion to manage employees. Agencies used a variety
of factors to determine which employees were eligible to telework, including, physical constraints
(such as cubicles), security issues, need to provide childcare, and access to confidential
information. The chief considerations, however, were safety and whether the employee could
successfully complete their job from their home. Ultimately, all agencies interviewed had a large
number of teleworkers during the COVID-19 crisis through either a full-time or hybrid approach.

A theme that developed throughout the interviews in terms of allowing telework going forward
after the pandemic is the variability in employee personalities and how that factors into the decision
of whether an employee is eligible to telework. One agency put it succinctly in that any decision
to allow telework in the future must first benefit the State in terms of maintaining productivity,
retention, and cost-savings or no additional costs. More permanent telework is contingent on
whether a particular job is suited to telework and whether the individual person in the job is suited
to telework. Employees have vastly different personalities, and some are more suited to telework
than others. Depending on the person, work performance might be maintained, improve, or
decrease through telework. Overall, agency administrators found that most employees were able
to maintain their work quality and performance. While some employees had decreased
performance due to the need for office structure, by contrast, other employees with previous
performance issues actually improved their work performance because they no longer had office
distractions, such as the friendly coworker next door. While the first two examples could be
expected, administrators also identified as a third type of employee not well-suited to telework
those employees who have difficulty turning off their work while at home. If a stated goal of
telework is to benefit the State through retention, telework for this type of employee might lead to
employee burnout and lower retention. A&I estimated that approximately 40 percent of State
employees could be eligible for a future telework program.

The benefits cited by agencies varied widely, but generally fell along the lines of benefitting
recruitment, morale, and retention. One agency explained that productivity was maintained, and
morale was improved. Another agency said that retention was the largest benefit for them. If an
agency is unable to provide an additional monetary benefit to a valuable employee, the ability to
telework is perceived as a benefit to the employee that in theory should have no cost to the agency.
Along a similar vein, agencies stated that teleworking made employees feel trusted and respected
and agencies generally liked the ability to use telework as a tool to benefit the agency.

     20SR006 • RESEARCH AND EVALUATION DIVISION • 200 W. 24th Street • Cheyenne, Wyoming 82002
            TELEPHONE 307-777-7881 • EMAIL lso@wyoleg.gov • WEBSITE www.wyoleg.gov
PAGE 9 OF 10

The costs cited by different agencies were more uniform. Most agencies explained that there were
costs associated with the initial IT setup at the outset of the pandemic. Going forward, however, it
is unclear whether those costs would continue. While the State can address the IT issues through
investment in infrastructure and laptops, A&I also pointed out that if telework was to be made
permanent, employees would simply take the equipment from their office to their home office.
The goal, ultimately, would be to not have increased costs in terms of equipment. Agencies also
cited issues of decreased collaboration and teamwork due to telework. There are also serious
security concerns with telework presently and going forward. For example, some agencies have
teleworkers that are using personal computers, some agencies have confidential information on
paper copies that could be lost or accessed within a home, and there are issues with using a virtual
private network, depending on the nature of the information being accessed. A&I and ETS have
identified these challenges and are working to develop solutions for any long-term teleworking.
Finally, a challenge unique to the pandemic has been the mental health of teleworking employees
simply because of pandemic-fatigue and the general anxiety associated with the pandemic. This
challenge would not be expected going forward simply because employees would have a real
choice to telework.

One important takeaway is that in most cases, state employees were not forced to telework full
time during the pandemic. While most chose to for safety and family reasons, those who admittedly
struggle with telework were able to still work from the office, in large part due to decreased
occupancy levels of the building provided by other teleworking employees. Many agencies
implemented hybrid telework policies where employees could rotate in as needed, or schedule
days in the office so that the agency could maintain safe distances between employees. The
consensus is that a hybrid or flex system going forward would be effective for agencies. This flex
system could deliver the benefits of telework while also mitigating the costs. For example, it would
still allow for the reduction of leased space and increased retention, while giving employees an
office to work in when necessary. To better enable this type of hybrid tele-work, A&I just finished
establishing a “telework hub” at the State Library that will allow teleworking employees to come
used shared State services such as printing, network access, and phones.

In terms of the ability to track productivity, two agencies stated that they could currently track
productivity simply due to their existing systems for work processing. Agencies explained that
they would like to be able to track productivity if telework continues.

 A&I TELEWORK COMMITTEE
A&I has done extensive research in the area of telework and is aware of both the benefits and
costs/problems. To aid in troubleshooting potential issues with long-term, permanent telework,

     20SR006 • RESEARCH AND EVALUATION DIVISION • 200 W. 24th Street • Cheyenne, Wyoming 82002
            TELEPHONE 307-777-7881 • EMAIL lso@wyoleg.gov • WEBSITE www.wyoleg.gov
PAGE 10 OF 10

A&I is currently running a pilot program in-house.40A&I has also put together a telework
committee to discuss the future of telework in the State and what policy and managerial decisions
need to be made in order for a long-term program to be successful. There are 24 members on the
committee from various relevant agencies and groups. The work of the committee is broken out
into sub issues and includes solving problems such as delineating who pays for supplies and
infrastructure, how to address any IT or other security concerns, can teleworkers work from out-
of-state and the relevant tax issues, maximizing the benefits of telework, measuring productivity,
managing risk from a liability perspective, and creating uniform human resources policies and
procedures to minimize any bias towards or against teleworking. The goal of the committee is to
develop an enterprise-wide comprehensive telework policy incorporating all of the lessons learned
from the forced Covid-19 telework experiment.

40
     Wyoming Department of Administration and Information Officials.

        20SR006 • RESEARCH AND EVALUATION DIVISION • 200 W. 24th Street • Cheyenne, Wyoming 82002
               TELEPHONE 307-777-7881 • EMAIL lso@wyoleg.gov • WEBSITE www.wyoleg.gov
You can also read