[§78-2.8]  Public employees; termination. 
(a)  If a public employee is convicted of a felony for conduct related to the
public employee's duties, the public employee shall be terminated from the
public employee's position.



(b)  If the felony conviction that results in
the termination of a public employee pursuant to subsection (a) is overturned
on appeal, the public employee shall receive back pay and be returned to the
position the public employee held prior to conviction, or an equivalent
position if the public employee's position was filled; provided that the
employee is not terminated from the employee's position in accordance with any
other provision of law.



(c)  For purposes of this section:



(1)  "Public employee" means any public
employee of the State or any county, and the political subdivisions and
agencies thereof, any employees under contract with the State or county, any
civil service employees, and any probationary or provisional employees of the
State or county;



(2)  Employees covered by chapter 89 shall be entitled
to a grievance procedure culminating in a final and binding decision; and



(3)  A rebuttable presumption shall arise that the
criminal conviction is just and proper cause for the employee's termination. [L
2003, c 150, §2]