HB 356 - State employees; privatization; certain re-employment rights

First Reader Summary

A BILL to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to state personnel administration in general, so as to provide certain re-employment rights for state employees who are terminated from employment as a result of a privatization initiative; and for other purposes.

Dixon, Harry D (168th) Parham, Bobby E (122nd) Powell, Alan T (23rd)
Status Summary HC: SPCA SC: LA: 03/28/97 H - Recommitted (Sub)
Page Numbers - 1/ 2
House Action Senate
1/31/97 Read 1st Time
2/3/97 Read 2nd Time
3/13/97 Favorably Reported
Sub Committee Amend/Sub
3/28/97 Recommitted

HB 356                                            LC 22 2725S 
                _________________________ offers the following 
      substitute to HB 356: 
                        A BILL TO BE ENTITLED 
                               AN ACT 
  1- 1  To amend Code Section 45-20-9 of the Official Code of 
  1- 2  Georgia Annotated, relating to procedures for hearings and 
  1- 3  appeals from adverse personnel actions, so as to provide for 
  1- 4  oral arguments to the State Personnel Board when the board 
  1- 5  is reviewing the initial decision of a hearing officer; to 
  1- 6  provide that a hearing officer's presentation to the board 
  1- 7  shall be in the presence of the parties; to provide that a 
  1- 8  hearing officer shall not be present during the board's 
  1- 9  deliberations and voting; to repeal conflicting laws; and 
  1-10  for other purposes. 
  1-12                           SECTION 1. 
  1-13  Code Section 45-20-9 of the Official Code of Georgia 
  1-14  Annotated, relating to procedures for hearings and appeals 
  1-15  from adverse personnel actions, is amended by striking in 
  1-16  its entirety subsection (e) and inserting in its place the 
  1-17  following: 
  1-18      "(e)(1) With respect to hearings at which the board did 
  1-19      not preside at the presentation of the evidence, the 
  1-20      hearing officer who presided shall issue an initial 
  1-21      decision within 30 days from the close of the evidence 
  1-22      or if necessary within a longer period of time as 
  1-23      ordered by the board or the hearing officer. The initial 
  1-24      decision shall be transmitted to the board, and copies 
  1-25      shall be sent to the parties or their representatives. 
  1-26      In the absence of an application for review from an 
  1-27      adversely affected party to the board within 30 days 
  1-28      from the date the initial decision was issued or in the 
  1-29      absence of an order by the board within such time for 
  1-30      review on its own motion, the decision shall become the 
  1-31      decision of the board without further proceedings or 
  1-32      notice; and any right of additional appeals shall be 
  1-33      extinguished. 
  2- 1      (2) On review of the entire record from the hearing 
  2- 2      officer, the board shall have all the powers it would 
  2- 3      have in presiding at the reception of the evidence, 
  2- 4      including the review of any motions granted or denied by 
  2- 5      the hearing officer and including the review of any 
  2- 6      action taken by the hearing officer. Both parties shall 
  2- 7      have the right to present oral arguments to the board. 
  2- 8      Any presentation to the board on the matter by a hearing 
  2- 9      officer shall be made in the presence of the parties. No 
  2-10      hearing officer shall be present during the board's 
  2-11      deliberations and voting on the application.  At its 
  2-12      discretion, the board may take additional testimony or 
  2-13      remand the matter to the hearing officer for such 
  2-14      purpose." 
  2-15                           SECTION 2. 
  2-16  All laws and parts of laws in conflict with this Act are 
  2-17  repealed. 

Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 04/20/98