State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_126 > GS_126-4

§126‑4.  Powers and duties of State Personnel Commission.

Subject to the approval of theGovernor, the State Personnel Commission shall establish policies and rulesgoverning each of the following:

(1)        Positionclassification plans which shall provide for the classification andreclassification of all positions subject to this Chapter according to theduties and responsibilities of the positions.

(2)        Compensation planswhich shall provide for minimum, maximum, and intermediate rates of pay for allemployees subject to the provisions of this Chapter.

(3)        For each class ofpositions, reasonable qualifications as to education, experience, specializedtraining, licenses, certifications, and other job‑related requirementspertinent to the work to be performed.

(4)        Recruitment programsdesigned to promote public employment, communicate current hiring activitieswithin State government, and attract a sufficient flow of internal and externalapplicants; and determine the relative fitness of applicants for the respectivepositions.

(5)        Hours and days ofwork, holidays, vacation, sick leave, and other matters pertaining to theconditions of employment. The legal public holidays established by theCommission as paid holidays for State employees shall include Martin LutherKing, Jr.'s Birthday and Veterans Day. The Commission shall not provide formore than 11 paid holidays per year except that in those years in whichChristmas Day falls on a Tuesday, Wednesday, or Thursday, the Commission shallnot provide for more than 12 paid holidays.

(5a)      In years in which NewYear's Day falls on Saturday, the Commission may designate December 31 of theprevious calendar year as the New Year's holiday, provided that the number ofholidays for the previous calendar year does not exceed 12 and the number ofholidays for the current year does not exceed 10. When New Year's Day falls oneither Saturday or Sunday, the constituent institutions of The University ofNorth Carolina that adopt alternative dates to recognize the legal public holidaysset forth in subdivision (5) of this section and established by the Commissionmay designate, in accordance with the rules of the Commission and therequirements of this subdivision, December 31 of the previous calendar year asthe New Year's holiday.

(6)        The appointment,promotion, transfer, demotion and suspension of employees.

(7)        Cooperation with theState Board of Education, the Department of Public Instruction, the Universityof North Carolina, and the Community Colleges of the State and other appropriateresources in developing programs in, including but not limited to, managementand supervisory skills, performance evaluation, specialized employee skills,accident prevention, equal employment opportunity awareness, and customerservice; and to maintain an accredited Certified Public Manager program.

(7a)      The separation ofemployees.

(8)        A program ofmeritorious service awards.

(9)        The investigation ofcomplaints and the issuing of such binding corrective orders or such otherappropriate action concerning employment, promotion, demotion, transfer,discharge, reinstatement, and any other issue defined as a contested case issueby this Chapter in all cases as the Commission shall find justified.

(10)      Programs of employeeassistance, productivity incentives, equal opportunity, safety and health asrequired by Part 1 of Article 63 of Chapter 143 of the General Statutes, andsuch other programs and procedures as may be necessary to promote efficiency ofadministration and provide for a fair and modern system of personneladministration. This subdivision may not be construed to authorize theestablishment of an incentive pay program.

(11)      In cases where theCommission finds discrimination, harassment, or orders reinstatement or backpay whether (i) heard by the Commission or (ii) appealed for limited reviewafter settlement or (iii) resolved at the agency level, the assessment ofreasonable attorneys' fees and witnesses' fees against the State agencyinvolved.

(12)      Repealed by SessionLaws 1987, c. 320, s. 2.

(13)      Repealed by SessionLaws 1987, c. 320, s. 3.

(14)      The implementation ofG.S. 126‑5(e).

(15)      Recognition of Stateemployees, public personnel management, and management excellence.

(16)      The implementation ofG.S. 126‑7.

(17)      An alternativedispute resolution procedure.

(18)      Delegation ofauthority for approval of personnel actions through decentralization agreementswith the heads of State agencies, departments, and institutions.

a.         Decentralizationagreements with Executive Branch agencies shall require a person, designated inthe agency, to be accountable to the State Personnel Director for thecompliance of all personnel actions taken pursuant to the delegated authorityof the agency. Such agreements shall specify the required rules and standards foragency personnel administration.

b.         The State PersonnelDirector shall have the authority to take appropriate corrective actionsincluding adjusting employee salaries and changing employee classificationsthat are not in compliance with policy or standards and to suspenddecentralization agreements for agency noncompliance with the requiredpersonnel administration standards.

The policies and rules of theCommission shall not limit the power of any elected or appointed departmenthead, in the department head's discretion and upon the department head'sdetermination that it is in the best interest of the Department, to transfer,demote, or separate a State employee who is not a career State employee asdefined by this Chapter. (1965, c. 640, s. 2; 1971, c. 1244, s. 14; 1975, c.667, ss. 6, 7; 1977, c. 288, s. 1; c. 866, ss. 1, 17, 20; 1985, c. 617, ss. 2,3; c. 791, s. 50(b); 1985 (Reg. Sess., 1986), c. 1028, s. 6; 1987, c. 25, s. 2;c. 320, ss. 1‑3; 1991, c. 65, s. 1; c. 354, s. 2; c. 750, s. 1; 1991(Reg. Sess., 1992), c. 994, s. 2; 1993, c. 388, s. 2; c. 522, s. 10; 1995, c.141, s. 4; 1997‑349, s. 3; 1998‑135, s. 1.)