GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

H	1 

HOUSE BILL 1989

Short Title:  EEO Enforcement/Funds.	(Public)
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Sponsors: Representatives Fitch; and Kennedy.
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Referred to:  Public Employees.
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June 2, 1994

A BILL TO BE ENTITLED
AN ACT TO APPROPRIATE FUNDS TO STRENGTHEN THE EQUAL EMPLOYMENT OPPORTUNITY RESEARCH, EVALUATION, AND OVERSIGHT FUNCTION OF THE OFFICE OF STATE PERSONNEL AND TO ENFORCE THE STATE EQUAL EMPLOYMENT OPPORTUNITY PROGRAM.
The General Assembly of North Carolina enacts:
Section 1.  There is appropriated from the General Fund to the Office of State Personnel, Department of Administration, for the Equal Opportunity Services Division, the sum of one hundred thirty-one thousand three hundred thirty-one dollars ($131,331) for the 1994-95 fiscal year to be used for research, evaluation, and oversight relative to the overall effectiveness of State policies, procedures, programs, and practices pertaining to equal employment opportunities in State government, including:
(1)	The development by the Equal Opportunity Services Division of appropriate research methods and measures to evaluate biannually the condition and status of equal employment opportunity efforts by State agencies, departments, and institutions, and by The University of North Carolina.  The Office of State Personnel shall measure the effectiveness of equal employment opportunity efforts in reference to the fair, consistent, and impartial administration of policies, procedures, programs, and practices relating to all of the terms and conditions of employment of State employees, including employees subject to the State Personnel Act and employees exempt from the Act.
(2)	The development of standards and guidelines for the evaluation of the policies, systems, practices, and procedures of each State agency, department, and institution, and The University of North Carolina, in order to determine whether the policies, systems, practices, and procedures are implemented in a nondiscriminatory manner and designed to attract, retain, develop, and promote a diverse workforce at all occupational levels representative of North Carolina's citizens.
(3)	The development of criteria for the evaluation of the equal employment opportunity policies and practices of the judicial branch or of the Legislative Services Office upon request of the respective branch.
(4)	The funding of staff positions for providing additional support resources for the equal employment opportunity evaluation function of the Office of State Personnel, including the preparation of evaluation reports of the equal employment opportunity progress and status of each State department, agency, and institution, and The University of North Carolina.
Sec. 2.  Article 6 of Chapter 126 of the General Statutes is amended by adding a new section to read:
"§ 126-19.1.  Equal employment opportunity enforcement.
(a)	Each member of the Council of State under G.S. 143A-11, each of the principal departments enumerated in G.S. 143B-6, and The University of North Carolina, shall:
(1)	Cooperate in equal employment opportunity research and evaluations conducted by the Office of State Personnel.
(2)	Comply with equal employment opportunity standards and guidelines developed by the Office of State Personnel.
(b)	If any State agency, department, or institution, or The University of North Carolina fails to cooperate or comply with the equal employment opportunity standards and guidelines of the Office of State Personnel, then upon receipt of a written statement of noncooperation or noncompliance certified by the State Personnel Director, the head of the State agency, department, or institution, or The University of North Carolina shall not distribute any cost-of-living adjustments or performance bonuses to eligible employees subject to G.S. 126-7 until such time as the State Personnel Director authorizes distribution.
(c)	Effective until January 1, 1995.  If the head of any State agency, department, or institution, or The University of North Carolina, fails to comply with subsection (b) of this section then he or she shall be subject to penalty of two hundred fifty dollars ($250.00), to be recovered in an action instituted either in Wake County Superior Court, or any other county, by the Attorney General for the use of the State of North Carolina, and the failure to comply with this section shall also constitute a misdemeanor, punishable by a fine, imprisonment, or both, in the discretion of the court. If the offender be not an officer elected by vote of the people, such offense shall be sufficient cause for removal from office or dismissal from employment by the Governor upon 30 days' notice in writing to such offender.
(c)	Effective January 1, 1995.  If the head of any State agency, department, or institution, or The University of North Carolina, fails to comply with subsection (b) of this section then he or she shall be subject to penalty of two hundred fifty dollars ($250.00), to be recovered in an action instituted either in Wake County Superior Court, or any other county, by the Attorney General for the use of the State of North Carolina, and the failure to comply with this section shall also constitute a Class 1 misdemeanor.  If the offender be not an officer elected by vote of the people, such offense shall be sufficient cause for removal from office or dismissal from employment by the Governor upon 30 days' notice in writing to such offender."
Sec. 3.  This act becomes effective July 1, 1994.