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

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

(c)  For purposes of this section:

(1)  "Public employee" means any publicemployee of the State or any county, and the political subdivisions andagencies thereof, any employees under contract with the State or county, anycivil service employees, and any probationary or provisional employees of theState or county;

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

(3)  A rebuttable presumption shall arise that thecriminal conviction is just and proper cause for the employee's termination. [L2003, c 150, §2]