GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

H	2 

HOUSE BILL 1469
Committee Substitute Favorable 8/10/98

Short Title:  State Personnel Comm. Reorganized.	(Public)

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Sponsors:

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Referred to:  

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May 25, 1998

A BILL TO BE ENTITLED
AN ACT REORGANIZING THE STATE PERSONNEL COMMISSION AND AUTHORIZING THE CHAIR OF THE STATE PERSONNEL COMMISSION TO APPOINT PANELS OF ITS MEMBERS TO MAKE RECOMMENDATIONS TO THE FULL COMMISSION REGARDING THE FINAL DECISION IN CONTESTED CASES.
The General Assembly of North Carolina enacts:
Section 1.  Effective March 31, 1999, 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 nine members who shall be appointed as follows:
(1)	Two attorneys licensed to practice law in North Carolina appointed by the General Assembly. Each attorney shall serve without the creation of a conflict of interest or the appearance of impropriety.  One attorney shall be appointed upon the recommendation of the Speaker of the House of Representatives and one attorney shall be appointed upon the recommendation of the President Pro Tempore of the Senate.  The initial members appointed under this subdivision shall serve terms expiring June 30, 2005; the terms of subsequent appointees shall be six years.
(2)	Two persons from private business or industry appointed by the Governor, both of whom shall have a working knowledge of, or practical experience in, human resources management.  The initial members appointed under this subdivision shall serve terms expiring June 30, 2003; the terms of subsequent appointees shall be six years.
(3)	Two State employees subject to the State Personnel Act serving in nonexempt positions, appointed by the General Assembly.  One employee shall serve in a State government position having supervisory duties and one employee shall serve in a nonsupervisory position.  Neither employee may be a human resources professional. The Speaker of the House of Representatives shall recommend the supervisory employee and the President Pro Tempore of the Senate shall recommend the nonsupervisory employee.  The Speaker of the House of Representatives and the President Pro Tempore of the Senate shall consider nominations submitted by the State Employees Association of North Carolina.  The initial members appointed under this subdivision shall serve terms expiring June 30, 2001; the terms of subsequent appointees shall be six years.
(4)	Two local government employees subject to the State Personnel Act appointed by the Governor upon recommendation of the North Carolina Association of County Commissioners, one a nonsupervisory local employee and one a supervisory local employee.  Neither local government employee may be a human resources professional. The initial members appointed under this subdivision shall serve terms expiring June 30, 2003; the terms of subsequent appointees shall be for six years.
(5)	One member of the public at large appointed by the Governor.  The at-large member shall serve without a conflict of interest. The initial member appointed under this subdivision shall serve for a term expiring June 30, 2001; the terms of subsequent appointees shall be for six years.
(c)	Members of the Commission may serve no more than two consecutive terms.  Appointments by the General Assembly shall be made in accordance with G.S. 120-121 and vacancies in those appointments shall be filled in accordance with G.S. 120-122.
(d)	The appointing authority may at any time remove any Commission member for cause.
(e)	Members of the Commission who are State or local government employees subject to the State Personnel Act 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 chair.
(h)	The Commission shall meet quarterly, and at other times at the call of the chair."
Section 2.  Effective March 31, 1999, Article 1 of Chapter 126 of the General Statutes is amended by adding a new section to read:
"§ 126-4.1.  Commission panels may recommend final agency decisions.
(a)	The State Personnel Commission (‘Commission') may make a final agency decision in a contested case brought under Article 3 of Chapter 150B of the General Statutes upon the recommendation of a panel of its members appointed by the Chair.
(b)	For contested case purposes, the Chair of the Commission may appoint panels of four members, with three panelists constituting a quorum of the panel. The Chair shall make every effort to provide that each category of Commission membership enumerated in G.S. 126-2(b) shall be represented on the appointed panels.
(c)	When a panel hears and makes a recommendation in a contested case, that recommendation shall then be referred to the full Commission.  Upon referral, the full Commission may either:
(1)	Accept the recommendation of the panel and incorporate the panel's recommendation as the Commission's final decision; or
(2)	Reject the recommendation of the panel and make a final decision upon consideration by the full Commission."
Section 3.  G.S. 120-123 is amended by adding a new subdivision to read:
"(68)	The State Personnel Commission."
Section 4.  The terms of members of the State Personnel Commission who were appointed pursuant to G.S. 126-2 as it was in effect prior to March 31, 1999, shall expire on March 30, 1999.
Section 5.  This act is effective when it becomes law.