GENERAL ASSEMBLY OF NORTH CAROLINA
1991 SESSION
CHAPTER 65
The General Assembly of North Carolina enacts:
Section 1. G.S. 126-4 reads as rewritten:
"§ 126-4. Powers and duties of State Personnel Commission.
Subject to the approval of the Governor, the State Personnel Commission shall establish policies and rules governing each of the following:
(1) A position Position
classification plan plans which shall provide for the
classification and reclassification of all positions subject to this Chapter
according to the duties and responsibilities of the positions.
(2) A compensation plan
Compensation plans which shall provide for minimum, maximum, and
intermediate rates of pay for all employees subject to the provisions of this
Chapter.
(3) For each class of
positions, reasonable qualifications, as to age, character, physical
condition, and other attributes qualifications as to education,
experience, specialized training, licenses, certifications, and other
job-related requirements pertinent to the work to be performed.
(4) A recruitment
program to attract applicants to public employment Recruitment programs
designed to promote public employment, communicate current hiring activities
within State government, and attract a sufficient flow of internal and external
applicants; and determine the relative fitness of applicants for the
respective positions.
(5) Hours and days of
work, holidays, vacation, sick leave, and other matters pertaining to the
conditions of employment. The legal public holidays established by the
Commission as paid holidays for State employees shall include Martin Luther
King, Jr.'s, Birthday for all years after 1987. and Veterans
Day. Provided, however, that the Commission shall not provide for a
greater number of total paid holidays than were established for the year
1986. The Commission shall not delete Veterans Day as a holiday. more
than 11 paid holidays a year.
(6) The appointment,
promotion, transfer, demotion and suspension. suspension of
employees.
(7) Cooperation with the
Department of Public Instruction, the State Board of Education, the
Board of Governors of Education, the University of North Carolina,
and the colleges and universities Community Colleges of the State
and other appropriate resources in developing pre-service and in-
service training programs. programs in, including but not limited to,
management and supervisory skills, performance evaluation, specialized employee
skills, accident prevention, equal employment opportunity awareness, and customer
service; and to maintain an accredited Certified Public Manager program.
(7a) The separation of employees.
(8) The evaluation of
employee performance, the granting of salary increments, performance
salary increases, and a program of meritorious serice service awards.
(9) The investigation of
complaints and the issuing of such binding corrective orders or such other
appropriate action concerning employment, promotion, demotion, transfer,
discharge, and reinstatement reinstatement, and any other issue
defined as a contested case issue by this Chapter in all cases as the
Commission shall find justified.
(10) Such Programs of
safety, health, employee assistance, productivity incentives, equal opportunity
and such other programs and procedures as may be necessary to promote
efficiency of administration and provide for a fair and reasonable modern
system of personnel administration. This subdivision may not be construed
to authorize the establishment of an incentive pay program.
(11) In cases where the Commission finds discrimination or orders reinstatement or back pay whether (i) heard by the Commission or (ii) appealed for limited review after settlement or (iii) resolved at the agency level, the assessment of reasonable attorneys' fees and witnesses' fees against the State agency involved.
(14) The implementation of G.S. 126-5(e).
(15) Recognition of State employees, public personnel management, and management excellence.
Such policies and rules shall not limit the power of any elected or appointed department head, in his discretion and upon his determination that it is in the best interest of the Department, to transfer, demote, or separate a State
(1) Employee in a grade 60 or lower position who has not been continuously employed by the State of North Carolina for the immediate 12 preceding months;
(2) Employee in a grade 61 to grade 65 position who has not been continuously employed by the State of North Carolina for the immediate 36 preceding months;
(3) Employee in a grade 66 to grade 70 position who has not been continuously employed by the State of North Carolina for the immediate 48 preceding months; or
(4) Employee in a grade 71 or higher position who has not been continuously employed by the State of North Carolina for the immediate 60 preceding months."
Sec. 2. G.S. 126-5(e) reads as rewritten:
"(e) An exempt employee may be transferred, demoted, or separated from his position by the department head authorized to designate the exempt position except:
(1) When an employee who has the minimum service requirements described in subsection (c)(1) above but less than 10 years of cumulative service in subject positions prior to placement in an exempt position is removed from an exempt position, for reasons other than just cause, the employee shall have priority to any position that becomes available for which the employee is qualified, according to rules and regulations regulating and defining priority as promulgated by the State Personnel Commission; or
(2) When an employee who
has 10 years or more cumulative service, including the immediately preceding 12
months, in subject positions prior to placement in an exempt position is
removed from an exempt position, for reasons other than just cause, the
employee shall be reassigned to a subject position within the same department
or agency, or if necessary within another agency, and within a 35 mile radius
of the exempt position, at the same grade and step salary, including
all across-the-board increases since placement in the position designated as
exempt, as his most recent subject position.
This subsection shall apply to employees removed from
exempt positions after July 1, 1985."
Sec. 3. G.S. 126-6 reads as rewritten:
"§
126.6.Policies continued; powers, etc., transferred.
(a) All
classifications, grades, salaries, conditions of work, and rules and
regulations established prior to July 1, 1965, by the State Personnel Council,
the State Personnel Director or the North Carolina Merit System Council shall
remain in force until amended, repealed, or superseded by the Board, acting
under the authority of this Chapter.
(b) The State
Personnel Board and the State Personnel Director herein provided shall be the
successors of the State Personnel Council, the State Personnel Director, North
Carolina Merit System Council, and the Merit System Supervisor. All records and
property in the custody of these agencies and individuals are hereby
transferred to the State Personnel Board and the State Personnel Department,
effective July 1, 1965.
(c) Any status
of employment or privilege previously attained by an employee in accordance
with the State Personnel Act or the State Merit System Act shall continue under
the provisions of this Chapter."
Sec 4. G.S. 126-7.1(c) reads as rewritten:
"(c) If a State employee:
employee subject to this section:
(1) Applies for another position of State employment; and
(2) Has substantially equal qualifications as an applicant who is not a State employee
then the State employee shall receive priority consideration over the applicant who is not a State employee. This priority consideration shall not apply when the only applicants considered for the vacancy are current State employees."
Sec. 5. G.S. 126-11(d) reads as rewritten:
"(d) In order to define 'substantially equivalent,' the State Personnel Commission is authorized to promulgate rules and regulations to implement the federal merit system standards and these regulations at a minimum shall include: recruitment and selection of employees; position classification; pay administration; training; employee relations; equal employment opportunity; and records and reports."
Sec. 6. G.S. 126-16 reads as rewritten:
"§ 126-16. Equal opportunity for employment and compensation by State departments and agencies and local political subdivisions.
All State departments and agencies and all local political
subdivisions of North Carolina shall give equal opportunity for employment and
compensation, without regard to race, religion, color, creed, national origin,
sex, age, or handicapping condition as defined in G.S. 168A-3 to all persons
otherwise qualified, except where specific age, sex or physical requirements
constitute bona fide occupational qualifications necessary to proper and
efficient administration. This section with respect to equal opportunity as to
age shall be limited to individuals who are at least 40 years of age but
less than 70 years of age. age."
Sec. 7. G.S. 126-35(a) reads as rewritten:
"§ 126-35. Written statement of reason for disciplinary action.
(a) No permanent employee
subject to the State Personnel Act shall be discharged, suspended, or reduced
in pay or position, demoted for disciplinary reasons, except for
just cause. In cases of such disciplinary action, the employee shall, before
the action is taken, be furnished with a statement in writing setting forth in
numerical order the specific acts or omissions that are the reasons for the
disciplinary action and the employee's appeal rights. The employee shall be
permitted 15 days from the date the statement is delivered to appeal to the
head of the department. A copy of the written statement given the employee
and the employee's appeal shall be filed by the department with the State
Personnel Director within five days of their delivery. However, an
employee may be suspended without warning for causes relating to personal
conduct detrimental to State service, pending the giving of written reasons, in
order to avoid undue disruption of work or to protect the safety of persons or
property or for other serious reasons. The employee, if he is not satisfied
with the final decision of the head of the department, or if he is unable,
within a reasonable period of time, to obtain a final decision by the head of
the department, may appeal to the State Personnel Commission. Such appeal shall
be filed not later than 30 days after receipt of notice of the department
head's decision."
Sec. 8. G.S. 126-74 reads as rewritten:
"§ 126-74. Work Options Program established.
There is established a Work Options Program for State
employees in the Division Office of State Personnel to be
administered by the State Personnel Commission. The State Personnel Director
shall assign an employee within the Division Office of State
Personnel, to be known as the State Work Options Coordinator, to direct the
Work Options Program as established in this Article."
Sec. 9. G.S. 126-83 reads as rewritten:
"§ 126-83. Exceptions.
Notwithstanding G.S. 126-5, and notwithstanding provisions in that section that only certain Articles of this Chapter apply to some employees, this Article applies to all persons covered by this Chapter except those exempted by G.S. 126-5(c) (2), G.S. 126-5(c)(3), G.S. 126-5(c)(4), G.S. 126-5(c1), G.S. 126-5(c2), or G.S. 126-5(c3), but this Article does not apply to those persons covered by G.S. 126-5(a)(2). G.S. 128-15 shall apply to those persons exempted from coverage of this Article, but shall not apply to any person covered by this Article."
Sec. 10. This act is effective upon ratification.
In the General Assembly read three times and ratified this the 1st day of May, 1991.
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James C. Gardner
President of the Senate
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Daniel Blue, Jr.
Speaker of the House of Representatives