07 LC 28
3401/AP
House
Bill 533 (AS PASSED HOUSE AND SENATE)
By:
Representatives Reese of the
98th,
Cox of the
102nd,
Everson of the
106th,
Coleman of the
97th,
Walker of the
107th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend an Act authorizing Gwinnett County and the governing authority thereof to
appoint a Merit System Board, approved April 18, 1969 (Ga. L. 1969,
p. 3051), as amended, so as to comprehensively revise and restate such Act;
to provide a short title; to provide definitions; to establish the Merit System
Board and provide for its membership, qualifications, terms of office,
compensation, removal, powers, duties, and responsibilities; to provide for
meetings; to provide for officers and their duties; to provide for unclassified
positions; to provide for certain hiring preferences; to prohibit certain
activities by classified employees; to provide penalties for violations; to
provide for oaths; to provide for severability; to repeal conflicting laws; and
for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
An
Act authorizing Gwinnett County and the governing authority thereof to appoint a
Merit System Board, approved April 18, 1969 (Ga. L. 1969,
p. 3051), as amended, is amended by striking Sections 1 through 18 of the
Act and inserting in lieu thereof the following:
"SECTION
1.
This
Act may be cited as the 'Gwinnett County Merit System Act.'
SECTION
2.
Definitions.
Definitions.
The
following terms when used in this Act shall have the following meanings unless
the context clearly requires otherwise:
(1)
'Appointing authority' means the officer, commission, board, or body having the
power of appointment, employment, or removal from positions in any office,
department, commission, board, or institution; or any person or group of persons
having the power by virtue of the constitution, statute, or lawfully designated
authority to make appointments or employments to positions in Gwinnett
County.
(2)
'Board' means the Merit System Board of Gwinnett County.
(3)
'Classified employee' means any employee holding a position in the classified
service.
(4)
'Classified service' means all offices and positions of trust or employment in
the service of Gwinnett County, except those placed in the unclassified service
by this Act.
(5)
'County administrator' means the individual appointed by the governing authority
to manage the day-to-day activities of county government
operations.
(6)
'Executive secretary' means the executive secretary of the Merit System Board of
Gwinnett County.
(7)
'Governing authority' means the board of commissioners of Gwinnett
County.
(8)
'Position' means any office of employment in the service of Gwinnett
County.
(9)
'Public hearing' means the opportunity, given after public notice of at least
five days, for any person or persons to appear and be heard on the matter
involved at a hearing open to the public.
SECTION
3.
Merit System Board. Creation, qualification of members, compensation,
terms of appointment, removal.
Merit System Board. Creation, qualification of members, compensation,
terms of appointment, removal.
(1)
Creation of the board. There is hereby created the Merit System Board of
Gwinnett County which shall consist of five qualified members appointed by the
governing authority.
(2)
Selection of board members. The governing authority shall select one candidate
from each commission district for appointment to the board. The candidates
shall be appointed to the Merit System Board by the governing authority. When
four members of the Merit System Board have been selected in the manner set
forth above, an election shall be called by the Gwinnett County Board of
Elections and Registration to select the fifth candidate for nomination to the
Merit System Board for post five. Only those individuals who would fall within
the category of classified employees of Gwinnett County shall have the right to
run or to vote for the fifth candidate to the Merit System Board. There shall
be 30 days from the date that the election is called by the Board of Elections
and Registration until the date the election shall be held. Any classified
employee of Gwinnett County desiring to have his or her name placed on the
ballot must submit to the Board of Elections and Registration a petition signed
by at least 10 percent of the employees of Gwinnett County who would fall within
the classification of the classified employees as defined herein at least ten
days prior to the date of the election. In the event no individual receives
more than 50 percent of the votes cast in said election, there shall be an
election held by the Board of Elections and Registration within ten days of the
date of the first election. A ballot shall be prepared by the Board of
Elections and Registration on which shall be placed the names of two individuals
receiving the greatest number of votes cast. When a candidate is selected by
the individuals who would fall within the class defined herein as classified
employees, this individual shall be appointed to the Merit System Board by the
governing authority as the fifth member of said board. The persons appointed to
fill subsequent posts on the board shall be selected for appointment in the same
manner as provided herein for the selection of the original members of the
board.
(3)
Qualifications of the board members. The governing authority shall not appoint
to said board as a member thereof any person who:
(A)
Has not been a resident of Gwinnett County for two or more years next preceding
appointment to the board;
(B)
Shall hold an elective or appointive office in federal, state, county, or
municipal government, provided that prior appointment as a member of the board
shall not disqualify a person from being reappointed thereto; or
(C)
Shall have held political office in Gwinnett County during the 12 months
preceding his or her appointment to the board.
(4)
Terms of appointment; vacancies. The governing authority shall appoint the
original members of the board for staggered terms. The length of the terms of
the original members of the board shall be in the discretion of the governing
authority, but shall not exceed four years. The person appointed from
Commission District No. 1 shall fill Post No. 1 on the board. The person
appointed from Commission District No. 2 shall fill Post No. 2 on the board.
The person appointed from Commission District No. 3 shall fill Post No. 3 on the
board. The person appointed from Commission District No. 4 shall fill Post No.
4 on the board. The person selected by the classified employees by the method
set forth herein and appointed to the board shall fill Post No. 5 on the board.
After the expiration of the terms of the members appointed to each respective
post, the terms of members filling all subsequent posts shall be for four years.
A vacancy in the membership of said board caused by a member´s death,
resignation, disqualification, or other condition shall be filled by appointment
of the governing authority for the unexpired term of such member. No election
shall be required to be held by the classified employees in order for the
governing authority to appoint a person to fill an unexpired term for Post No. 5
on the board.
(5)
Chairperson and vice chairperson. At its initial meeting and annually
thereafter, the board shall elect one member as chairperson and another as vice
chairperson.
(6)
Compensation of board members; provision for facilities. It is hereby made the
duty of the governing authority to appropriate annually a sum of money
sufficient to enable the board to carry out properly the purpose of this Act.
Each member of the board shall be paid at a per diem rate to be established by
the board of commissioners for time actually devoted to the business of the
board. The board shall hold its meetings in a Gwinnett County facility. It
shall be the duty of all officers having charge of public buildings of the
county to allow the reasonable use of the facilities thereof by the board for
the performance of its duties and in all proper ways to facilitate the work of
the board.
(7)
Removal of board members. No member of said board may be removed from office
prior to the expiration of his or her term except for cause after having been
granted a notice and afforded a public and open hearing before the governing
authority of said county. Prior to said hearing, said member shall be served
personally or by registered or certified mail addressed to his or her residence
as shown in the files of the said governing authority, at least ten days before
the date set for hearing, with written specifications of the charges against him
or her.
SECTION
4.
Meetings of the board.
Meetings of the board.
The
board shall hold meetings or hearings as often as necessary in order to fulfill
the provisions of this Act. Three members shall constitute a quorum for the
conduct of business and official action of the board shall require three
affirmative votes. All of said meetings shall be conducted in compliance with
the Georgia Open Meetings Law, O.C.G.A. Ch. 50-14. Ten days´ written
notice thereof shall be given to each member by the executive secretary of the
board, or his or her designee, who shall, under the direction of the board, also
keep minutes of each meeting.
SECTION
5.
Duties of the board.
Duties of the board.
It
shall be the duties, functions, and responsibilities of the board to represent
the interest of the public in the improvement of personnel administration and
the selection of qualified personnel. It shall be the duty of the
board:
(1)
After public hearing, to recommend to the governing authority for the
latter´s timely approval or rejection of rules, regulations, and plans,
including subsequent deletions and amendments thereof, for the administration of
this Act;
(2)
To hear and determine appeals and complaints respecting the official
recommendations of the executive secretary and such other matters as may be
referred to the board by the executive secretary;
(3)
On its own motion or when requested to do so by the governing authority, to make
and report on investigations affecting classified employees; and
(4)
To provide employment opportunities to veterans that are consistent with federal
and state law.
SECTION
6.
Powers of the board.
Powers of the board.
The
board, each member of the board, and the executive secretary each shall have the
power to administer oaths, subpoena witnesses, and compel the production of
documents, including, but not limited to, documents and correspondence,
audio/visual tapes, and computer generated information relevant to any
investigation or hearing authorized by this Act. Any person who shall fail to
appear in response to a subpoena or to answer any questions or produce any such
documents pertinent to any such investigation or hearing shall be guilty of a
misdemeanor.
SECTION
7.
Executive secretary; appointment; removal; compensation.
Executive secretary; appointment; removal; compensation.
(1)
The governing authority shall appoint an executive secretary and an alternate
executive secretary who shall serve when the executive secretary is unable to
perform his or her duties. Such executive secretary and alternate executive
secretary shall be individuals competent in the field of public personnel
administration and thoroughly in sympathy with the application of the merit
system. Neither the executive secretary nor the alternate executive secretary
shall be the human resources director or any employee of the human resources
department.
(2)
The persons appointed to fill the positions of executive secretary and alternate
executive secretary may hold these positions while performing other unrelated
duties as employees of Gwinnett County and may be removed by the governing
authority from the position as executive secretary or alternate executive
secretary at any time without cause when a change in this position is deemed
appropriate by the governing authority. The governing authority´s decision
to remove a person from either position shall be final.
(3)
The executive secretary or alternate executive secretary and the human resources
director shall work cooperatively in carrying out the responsibilities of this
Act.
SECTION
8.
Executive secretary duties.
Executive secretary duties.
It
shall be the duties of the executive secretary or his or her designee
to:
(1)
Attend meetings of the board, act as its secretary, and record its official
actions. These responsibilities may be performed by administrative support
staff for the executive secretary;
(2)
After the governing authority´s approval thereof, publish the content of
the Gwinnett County Merit System Rules and Regulations and modifications thereto
for public distribution and to give immediate notice thereof to all appointing
authorities affected thereby. Thereafter all appointing authorities and
classified and other employees affected by these rules shall assist in all
proper ways in carrying them into effect. These responsibilities may be
performed by administrative support staff for the executive
secretary;
(3)
Keep records of the minutes of merit board meetings or hearings and of any other
records necessary for the proper administration of this Act. These
responsibilities may be performed by administrative support staff for the
executive secretary;
(4)
Conduct grievance conferences and make recommendations to the parties on the
resolution of such grievances except that the executive secretary shall serve as
the final authority on grievances regarding reprimands;
(5)
Secure the attendance of witnesses and production of documents, correspondence,
audio/visual tapes, computer generated information, and other documentary
evidence pertinent to any such investigations or hearings authorized by this
Act. These responsibilities may be performed by administrative support staff
for the executive secretary; and
(6)
Perform any other lawful acts required to effectuate the purposes of this
Act.
SECTION
9.
Unclassified service.
Unclassified service.
The
classified service, as defined in paragraph (4) of Section 2 of this Act, does
not include the following members of the unclassified service:
(1)
Officers elected by the people and persons appointed to fill vacancies to such
elective offices;
(2)
Officers and employees specifically exempted by law;
(3)
Members of boards or special commissions appointed by the county governing
authority for special purposes such as the Board of Tax Assessors or Board of
Health;
(4)
Clerk of the board of commissioners of Gwinnett County;
(5)
Persons temporarily appointed or designated to make or conduct a special
inquiry, investigation, or examination where such appointment or designation is
certified by the board to be for employment which should not be performed in the
classified service;
(6)
Election officials and members of the Gwinnett County Board of Elections and
Registration;
(7)
Heads of departments selected or appointed by the board of commissioners or
county administrator to include, but not be limited to, the chief of police,
chief of fire and emergency services, chief financial officer, and director of
transportation; those selected by the superior court judges, such as the clerk
of recorders court; deputy directors such as the chief deputy sheriff, chief
deputy tax commissioner, chief deputy clerk of superior court, and other deputy
directors;
(8)
Assistant solicitor generals;
(9)
The personal staff to any judge of superior court or other court, not to exceed
a total of three staff members per judge; and
(10)(A)
Personnel employed by the tax commissioner, sheriff, clerk of the superior
court, or judge of the probate court, who are employed or to be employed in an
upper managerial or upper supervisory capacity and who consent in writing to
accept such upper managerial or upper supervisory positions knowing that such
employment is in the 'unclassified service' as defined under this Act. However,
the number of unclassified service personnel in an upper managerial or upper
supervisory capacity under this paragraph shall not exceed 10 percent of the
total number of full-time employees in such particular office in which such
employee is employed or to be employed.
(B)
Nothing in this paragraph shall be interpreted to change the employment status
of any employee who, on the effective date of this Act, is employed by the tax
commissioner, sheriff, judge of the probate court, or clerk of the superior
court.
(C)
Nothing in this paragraph shall be interpreted to require or limit all upper
managerial and upper supervisory positions to be only unclassified
positions.
SECTION
10.
Special consideration for employment.
Special consideration for employment.
Any
employee of Gwinnett County who is not an elected official and is excluded from
the classified service under paragraphs 4, 7, 8, and 9 of Section 9 of this Act
shall be given special consideration for employment as a classified employee of
Gwinnett County, provided that said individual is qualified for a position as a
classified employee and provided that there is an opening available in the ranks
of the classified employees.
SECTION
11.
Political activity and recommendations.
Political activity and recommendations.
In
applying the provisions of this Act or in doing any of the things hereby
provided, no employee of the classified service shall be a candidate for or an
officer of a political office with Gwinnett County during his or her employment
with the county. County employees may not engage in any political campaign
activities while on duty, while in the workplace, while in uniform, or while
using a county vehicle. This prohibited activity includes, but is not limited
to, distributing information or soliciting contributions or services for any
political party, political candidate, or organization while on duty. County
employees may not use county funds, supplies, or equipment for such purposes.
Nothing contained in this section shall be construed to restrict the right of
any employee in the classified service to hold membership in and support a
political party, to vote as he or she chooses, to express personal opinions on
political subjects and candidates, to maintain political neutrality, or to
attend political meetings during nonworking hours. However, county employees
shall not participate either directly or indirectly in Gwinnett County
elections, except for voting in such county elections. The Merit System Board
shall be authorized to promulgate reasonable rules, in conformance with state
and federal law, which restrict the political activities of employees in the
classified service.
SECTION
12.
Penalties.
Penalties.
Any
person in Gwinnett County who shall willfully violate or conspire with or
solicit another to violate any of the provisions of this Act shall be guilty of
a misdemeanor and shall, on conviction thereof, be punished as for a misdemeanor
as prescribed by the laws of Georgia. If such convicted person is in the
classified service, he or she shall be dismissed therefrom and shall not be
eligible for reemployment, reappointment, or reinstatement for a period of five
years from the date of such conviction.
SECTION
13.
Oaths.
Oaths.
The
board, the executive secretary, and all employees in the classified service
shall take the oath of office as required by the governing authority. The
executive secretary shall take his or her oath before the chairperson of the
board.
SECTION
14.
Severability.
Severability.
Should
any section or provision of this Act be held to be unconstitutional or invalid
such section or provision shall not affect the validity of this Act as a whole
or any part thereof other than the part so held to be
unconstitutional.
SECTION
15.
General Repeal.
General Repeal.
All
laws in conflict with this Act are hereby repealed.
SECTION
16.
Effective Date.
Effective Date.
This
Act shall take effect when a resolution is adopted by the governing authority
appointing the first member to the Merit System Board."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.