GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

H	1 

HOUSE BILL 958

Short Title:  Personnel Commission Expansion.	(Public)
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Sponsors: Representatives Fitch; and H. Hunter.
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Referred to:  State Government.
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April 19, 1991

A BILL TO BE ENTITLED
AN ACT TO INCREASE THE NUMBER OF MEMBERS OF THE STATE PERSONNEL COMMISSION.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 126-2 reads as rewritten:
"§ 126-2. State Personnel Commission.
(a)	There is hereby established the State Personnel Commission (hereinafter referred to as 'the Commission').
(b)	The Commission shall consist of eleven members, seven appointed by the Governor and four appointed by the General Assembly.  Members of the Commission shall be appointed to serve for terms of six years. 
The Governor's appointments to the Commission shall be as follows:  two members shall be employees of the State subject to the provisions of this Chapter; two members shall be appointed, of which one shall be an employee of local government subject to the provisions of this Chapter, from a list of individuals nominated by the North Carolina Association of County Commissioners; two members shall be individuals actively engaged in the management of a private business or industry; and one member shall be appointed from the public at large.
The General Assembly shall appoint four members, two upon the recommendation of the Speaker of the House of Representatives and two upon the recommendation of the President Pro Tempore of the Senate, in accordance with G.S. 120-121.  Vacancies in appointments made by the General Assembly shall be filled in accordance with G.S. 120-122.
(c)	Members of the Commission appointed by the Governor shall be appointed subject to confirmation by the General Assembly. If the General Assembly is not in session when a gubernatorial appointment is made, the appointee shall temporarily exercise all of the powers of a confirmed member until the convening of the next legislative session. If the General Assembly does not act on confirmation of a member proposed by the Governor within 30 legislative days of the submission of the name, the member shall be considered confirmed. If the Governor does not appoint a new member within 60 calendar days of the occurrence of a vacancy or the rejection of an appointment by the General Assembly, the remaining members of the Commission shall have the authority to fill the vacancy.
(d)	The Governor may at any time after notice and hearing remove any Commission member appointed by the Governor for gross inefficiency, neglect of duty, malfeasance, misfeasance, or nonfeasance in office.  A member of the Commission appointed by the General Assembly may be removed by the General Assembly only.
(e)	Members of the Commission who are employees of the State subject to the provisions of this Article shall be entitled to administrative leave without loss of pay for all periods of time required to conduct the business of the Commission.
(f)	Six members of the Commission shall constitute a quorum.
(g)	The Governor shall designate one member of the Commission as chairman.
(h)	The Commission shall meet quarterly, and at other times at the call of the chairman."
Sec. 2.  This act does not affect the existing term of any member of the State Personnel Commission.  Notwithstanding the provisions of G.S. 126-2(b), as set forth herein, the initial term of one member appointed by the General Assembly shall be for a term of two years, one member shall be appointed to serve for a term of four years, and two members shall be appointed to serve terms of six years.  Their successors shall be appointed by the General Assembly to serve for terms of six years.
Sec. 3.  This act is effective upon ratification.