State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_126 > GS_126-2

§ 126‑2.  StatePersonnel Commission.

(a)        There is herebyestablished the State Personnel Commission (hereinafter referred to as"the Commission").

(b)        The Commissionshall consist of nine members, appointed as follows:

(1)        Two members shall beattorneys licensed to practice law in North Carolina appointed by the GeneralAssembly, one of whom shall be appointed upon the recommendation of the Speakerof the House of Representatives, and one of whom shall be appointed upon therecommendation of the President Pro Tempore of the Senate.

Theinitial two attorney members appointed under this subdivision shall serve termsexpiring June 30, 2004; the terms of subsequent appointees shall be six years.

(2)        Two persons fromprivate business or industry appointed by the Governor, both of whom shall havea working knowledge of, or practical experience in, human resources management.The initial members appointed under this subdivision shall serve terms expiringJune 30, 2003; the terms of subsequent appointees shall be six years.

(3)        Two State employeessubject to the State Personnel Act serving in nonexempt positions, appointed bythe Governor, including one of whom is a veteran of the armed forces appointedupon the nomination of the Veterans' Affairs Commission. One employee shallserve in a State government position having supervisory duties, and oneemployee shall serve in a nonsupervisory position. Neither employee may be ahuman resources professional. The Governor shall consider nominations submittedby the State Employees Association of North Carolina. The initial membersappointed under this subdivision shall serve terms expiring June 30, 2001; theterms of subsequent appointees shall be six years.

(4)        Two local governmentemployees subject to the State Personnel Act appointed by the Governor uponrecommendation of the North Carolina Association of County Commissioners, one anonsupervisory local employee and one a supervisory local employee. Neitherlocal government employee may be a human resources professional. The initialmembers 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 thepublic at large appointed by the Governor. The initial member appointed underthis subdivision shall serve for a term expiring June 30, 2001; the terms ofsubsequent appointees shall be for six years.

(c)        Members of theCommission may serve no more than two consecutive terms. Appointments by theGeneral Assembly shall be made in accordance with G.S. 120‑121, andvacancies in those appointments shall be filled in accordance with G.S. 120‑122.Vacancies in appointments made by the Governor occurring prior to theexpiration of a term shall be filled by appointment for the unexpired term.

(d)        No member of theCommission may serve on a case where there would be a conflict of interest. Theappointing authority may at any time remove any Commission member for cause.

(e)        Members of theCommission who are State or local government employees subject to the StatePersonnel Act shall be entitled to administrative leave without loss of pay forall periods of time required to conduct the business of the Commission.

(f)         Six members of theCommission shall constitute a quorum.

(g)        The Governor shalldesignate one member of the Commission as chair.

(h)        The Commissionshall meet quarterly, and at other times at the call of the chair. (1965, c. 640, s. 2; 1975, c.667, ss. 2‑4; 1989, c. 540; 1998‑181, s. 1(a), (b); 2000‑140,s. 29; 2007‑287, s. 1.)