GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

S	1 

SENATE BILL 914

Short Title:  Sch. Emp./State Emp. Sick Leave.	(Public)

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Sponsors: Senators Dannelly, Albertson, Winner, Hoyle, Hobbs, Gulley, Rand, Martin of Guilford, Allran, and Warren.

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Referred to:  Children and Human Resources

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May 1, 1995

A BILL TO BE ENTITLED
AN ACT TO PROVIDE FOR THE SHARING OF SICK LEAVE BETWEEN PUBLIC SCHOOL EMPLOYEES AND STATE EMPLOYEES SUBJECT TO THE STATE PERSONNEL ACT.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 115C-336 is amended by adding a new subsection to read:
"( c)	The State Board of Education shall adopt, in cooperation with the State Personnel Commission, policies and rules to provide for the sharing of sick leave between public school employees and State employees subject to the State Personnel Act."
Sec. 2.  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.
(5a)	In cooperation with the State Board of Education, the sharing of sick leave between employees subject to the provisions of this Chapter and public school employees subject to Chapter 115C of the General Statutes.
(6)	The appointment, promotion, transfer, demotion and suspension of employees.
(7)	Cooperation with the State Board of Education, the Department of Public Instruction, 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) 	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 employee assistance, productivity incentives, equal opportunity, safety and health as required by Part 1 of Article 63 of Chapter 143 of the General Statutes, 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.
(16)	The implementation of G.S. 126-7.
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 primary level position who has not been continuously employed by the State of North Carolina for the immediate 12 preceding months;
(2)	Employee in a secondary level or professional position who has not been continuously employed by the State of North Carolina for the immediate 24 preceding months; [or]
(3)	Employee in a management level or consultant position who has not been continuously employed by the State of North Carolina for the immediate 36 preceding months.
(4)	Repealed by Session Laws 1991, c. 354, s. 2, effective July 1, 1993."
Sec. 3.  This act is effective upon ratification.