GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

S	1 

SENATE BILL 288

Short Title:  GPAC/Comprehensive Employee Training.	(Public)
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Sponsors: Senator Martin of Guilford.
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Referred to:  Government Performance Audit.
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February 22, 1993

A BILL TO BE ENTITLED
AN ACT TO IMPLEMENT RECOMMENDATIONS OF THE GOVERNMENT PERFORMANCE AUDIT COMMITTEE TO PROVIDE FOR THE COMPREHENSIVE TRAINING OF STATE EMPLOYEES.
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)	Position classification 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)	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 education, experience, specialized training, licenses, certifications, and other job-related requirements pertinent to the work to be performed.
(4)	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 and Veterans Day.  The Commission shall not provide for more than 11 paid holidays per year except that in those years in which Christmas Day falls on a Tuesday, Wednesday, or Thursday, the Commission shall not provide for more than 12 paid holidays.
(6)	The appointment, promotion, transfer, demotion and suspension of employees.
(6a)	The establishment of a comprehensive employee training system and the monitoring of costs associated with the State's investment in employee training and development.
(7)	Cooperation with the Department of Public Education, the University of North Carolina, and the Community Colleges of the State and other appropriate resources in developing 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 performance salary increases, and a program of meritorious 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, reinstatement, and any other issue defined as a contested case issue by this Chapter in all cases as the Commission shall find justified.
(10)	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 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.
(12)	Repealed by Session Laws 1987, c. 320, s. 2.
(13)	Repealed by Session Laws 1987, c. 320, s. 3.
(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.  Article 1 of Chapter 126 of the General Statutes is amended by adding a new section to read:
"§ 126-3.1.  Comprehensive employee training system.
(a)	The Office of State Personnel shall coordinate a comprehensive statewide system for the training of State employees including training programs, courses, and materials for management and supervisory training, Equal Employment Opportunity training, computer training, and other areas of employee training that are of statewide applicability.  The system of comprehensive employee training shall be administered so as to enhance the performance of employees and the effectiveness of State departments, agencies, and institutions.
(b)	The Office of State Personnel shall identify the training and development needs of State employees by performing an annual training needs analysis in conjunction with State agencies that includes the study of the job requirements of the respective positions held by State employees, the forecasting of changes in job requirements, the determination of skills and essential job functions, and the assessment of the status of employee training.
(c)	Each State department, agency, and institution shall provide to their respective employees training programs, courses, and materials of special relevance to the performance of job requirements within the department, agency, or institution.
(d)	State employee training programs shall be evaluated by the Office of State Personnel as to content, course administration, facilities, and trainers in order to ensure that training programs are needed for current job requirements.  Each State department, agency, and institution shall provide to the Office of State Personnel information related to the costs of employee training programs, courses, and materials including the salaries of trainers, the cost of supplies and materials, facilities costs, and the fees charged for training programs and courses."
Sec. 3.  G.S. 126-5(c5) reads as rewritten:
"(c5)	Notwithstanding any other provision of this Chapter, Article 14 of this Chapter and G.S. 126-4(6a) shall apply to all State employees, public school employees, and community colleges employees."
Sec. 4.  This act is effective upon ratification.