08 LC 35 0464
Senate
Bill 230
By:
Senators Mullis of the 53rd, Rogers of the 21st, Wiles of the 37th and Murphy of
the 27th
AS
PASSED
AN
ACT
To
amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating
to personnel administration, so as to define the classified and unclassified
service; to provide for the authority of the State Personnel Board and the State
Merit System relative to both classified and unclassified service; to modify
language relative to these authorizations and definitions to rescind provisions
governing interdepartmental transfers; to change certain provisions relating to
classified and nonclassified employees; to change definitions relating to
personnel administration and classified and unclassified employees; to clarify
certain duties of the State Personnel Board; to modify certain duties of the
commissioner of personnel administration; to rename the Advisory Council for
Personnel Administration and change the manner in which persons become members
of the council; to modify certain rights of unclassified service; to clarify
certain rights and procedures relating to classified employees; to change public
management certificate programs to the Governor´s Executive Leadership
Institute; to repeal certain penalties for violations of Article 1 of said
chapter or rules or regulations promulgated thereunder; to repeal certain rights
of merit system officers and employees; to change application of certain
provisions relating to counseling to employees; to clarify certain provisions
relating to accrual of leave, holidays, and compensation for closing of state
offices relative to classified and unclassified employees; to modify the
application of certain provisions relating to termination or elimination of
classified positions or employees; to delete certain exclusions relating to the
performance management system provided for classified employees; to modify the
definition of employee relative to random drug testing of employees in high-risk
jobs; to modify certain procedures relative to drug testing; to modify and
delete certain provisions relating to employee drug testing and drug testing
laboratories; to delete and clarify certain provisions relating to analysis of
positions warranting established test and testing requirements relative to merit
system employees; to provide for related matters; to provide an effective date;
to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel
administration, is amended by revising Code Section 45-20-1, relating to
purposes and principles relative to personnel administration, as
follows:
"45-20-1.
(a)
It is the purpose of this article to establish in the state a system of
personnel administration which will attract, select, and retain the best
employees based on merit, free from coercive political influences, with
incentives in the form of equal opportunities for all; which will provide
technically competent and loyal personnel to render impartial service to the
public at all times and to render such service according to the dictates of
ethics and morality; and which will remove unnecessary and inefficient
employees. It is specifically the intent of the General Assembly to promote
this purpose by allowing agencies greater flexibility in personnel management so
as to promote the overall effectiveness and efficiency of state government. To
this end, and in accordance with Code Sections 45-20-2 and 45-20-6, all
positions filled after July 1, 1996, shall be included in the unclassified
service of the state merit system, except as provided in Code Section
15-11-24.3. It is also specifically the intent of the General Assembly that
employees in the classified service prior to July 1, 1996, shall continue to be
employees in the classified service so long as they remain in classified
positions or as otherwise provided by law. It is further specifically the
intent of the General Assembly that state government operate within a framework
of consistent core personnel policies and practices across all state agencies
and entities and that the state´s most valued resource, its employees, be
managed in a manner to promote work force productivity and sound business
practices.
(b)
In order to achieve these purposes, it is the policy of the state that agencies
treat all employees in accordance with the following principles:
(1)
Assuring fair treatment of applicants and employees in all aspects of personnel
administration without regard to race, color, national origin, sex, age,
disability, religious creed, or political affiliations. This 'fair treatment'
principle includes compliance with all state and federal equal employment
opportunity and nondiscrimination laws;
(2)
Recruiting, selecting, and advancing employees on the basis of their relative
ability, knowledge, and skills, including open consideration of qualified
applicants for initial employment;
(3)
Providing equitable and adequate compensation based on merit, performance, job
value, and competitiveness within applicable labor markets;
(4)
Training employees, as needed, to assure high quality performance and to provide
work force skills needed to maintain and advance the state´s goals and
objectives;
(5)
Retaining employees on the basis of the adequacy of their performance,
correcting inadequate performance where possible and appropriate, and separating
employees whose performance is inadequate; and
(6)
Assuring that employees are protected against coercion for partisan political
purposes and are prohibited from using their official authority for the purpose
of interfering with or affecting the result of an election or nomination for
office.
(c)
It shall be the responsibility of the state merit system to perform the
following functions:
(1)
Establish and maintain a state-wide system of pay ranges for all job
classes;
(2)
Define job classes, establish associated minimum qualifications for those
classes and assign those classes to appropriate pay ranges;
(3)
Develop and maintain a common employment application form to be used by all
applicants for state employment, which form may be supplemented as necessary by
agencies in seeking information about agency job classes;
(4)
Serve as the central contact point for all potential employees in order to
streamline state-wide recruiting for applicants, to provide for a state-wide
applicant data base, to refer applicants to agencies, and make applicant data
available to agencies for review and consideration;
(5)
Upon request, develop, validate, or develop and validate applicant screening
devices being utilized by agencies;
(6)
Upon request, administer screening devices on behalf of agencies;
(7)
Make employment related training available to agencies and allow agencies the
opportunity to provide input into the nature and scope of said training
programs;
(8)
In consultation with agencies, establish state-wide criteria for the
implementation of rules and policies adopted by the State Personnel Board which
agencies shall use in developing internal processes for classification,
compensation, pay for performance, and performance management, including
processes involved in defining job classes, establishing and applying associated
minimum qualifications, assigning jobs to appropriate state-wide pay ranges,
developing and applying applicant screening methods, and measuring worker
effectiveness;
(9)
Audit agencies´ processes as referred to in paragraph (8) of this
subsection and report findings annually to the Governor and the General Assembly
in conjunction with an annual report on the overall status of the state work
force. The state merit system shall not be required to distribute copies of the
findings or annual report referred to in this paragraph to the members of the
General Assembly but shall notify the members of the availability of the
materials in the manner which it deems to be most effective and
efficient;
(10)
Serve as consultant to agencies on work force planning and effective work force
strategies, provide technical support assistance, and direct services to
agencies as requested; and
(11)
Maintain and make available to the public at large a state-wide central registry
of employment vacancies and job announcements in state government as provided to
the state merit system by agencies.
(d)
Subsection (c) of this Code section shall not apply to the legislative or
judicial branches or to the board of regents.
(e)
Each agency shall develop an annual work force plan according to state-wide
criteria and guidelines and shall provide a report of such plan annually to the
state merit system for incorporation into the state-wide work force plan to be
submitted to the Governor and the General Assembly.
(f)
In the event agencies do not use a competitive civil service examination to fill
some or all of their unclassified positions, it is expressly the intent of the
General Assembly that appropriate consideration be given to veterans as defined
under Article IV, Section III, Paragraph II of the Constitution of Georgia and
Article 2 of Chapter 2 of this title in the filling of job vacancies in this
state. Guidelines defining consideration practices shall be developed at the
state level. Agencies shall specify agency policies and practices to implement
appropriate consideration of military veterans in filling agency job
vacancies.
(g)
The rules of statutory construction contained in Chapter 3 of Title 1, relating
to general provisions concerning the construction of statutes, as now or
hereafter amended, shall apply to this article."
SECTION
2.
Said
chapter is further amended by revising Code Section 45-20-2, relating to
definitions relative to personnel administration, as follows:
"45-20-2.
As
used in this chapter, the term:
(1)
'Appointing authority' means the person or groups of persons authorized by law
or delegated authority to make appointments to fill positions.
(2)
'Classified service' means that employment status conferring rights of appeal,
as set forth in Code Sections 45-20-8 and 45-20-9. 'Classified service'
includes only those employees of state departments as defined in this Code
section who were in the classified service as of June 30, 1996, and who have
remained in classified positions without a break in service since that
date.
(3)
'Commissioner of personnel administration' and 'commissioner' mean the chief
executive officer of the state merit system who is responsible for administering
the state personnel program in accordance with applicable state and federal laws
and the policies and rules of the State Personnel Board.
(4)
'Classified employee' means an employee who was in the classified service as of
June 30, 1996, and who has remained in a classified position without a break in
service since that date.
(5)
'Classified position' means a position that was classified on June 30, 1996, and
that subsequent to June 30, 1996, has not been held by an unclassified
employee.
(6)
'Department' and 'agency' are synonymous and mean all separate and distinct
divisions and subdivisions of state government whose heads are legally
authorized to appoint employees to positions; but these terms shall not include
authorities, public corporations, the legislative and judicial branches, and the
board of regents. 'Department' and 'agency' shall include an agency assigned to
a department for administrative purposes and shall also include local
departments of public health, county departments of family and children
services, community service boards, and units of the Department of Defense with
local employees.
(7)
'Employment at will' means an employment relationship in which either party to
the relationship may sever the relationship at any time for any reason other
than an unlawful reason.
(8)
'Position' means a set of duties and responsibilities assigned or delegated by
competent authority for performance by one person.
(9)
'Rules and regulations' and 'merit system rules and regulations' mean the
governing provisions of the state merit system, as adopted by the State
Personnel Board and approved by the Governor which give force and effect to the
policies of the State Personnel Board.
(10)
'State Personnel Board' and 'board' are synonymous and mean the body authorized
by Article IV, Section III, Paragraph I of the Constitution of
Georgia.
(11)
'State Personnel Board policies' means those policies adopted by the board and
approved by the Governor which describe the goals and objectives of the state
personnel program and serve as a basis for the formulation and administration of
the merit system rules and regulations.
(12)
'Unclassified service' means employment at will and includes all employees
except those in the classified service as defined in this Code section.
(13)
'Working test' or 'working test period' means a probationary period of
employment in a classified position during which the employee must demonstrate
to the satisfaction of the appointing authority that he or she has the
knowledge, ability, aptitude, and other necessary qualities to perform
satisfactorily the duties of the position in which employed. The working test
period shall apply to each promotion of a classified employee to a classified
position. The commissioner may fix the length of the working test period for
any job at not less than six months nor more than 18 months exclusive of any
time in nonpay status; provided, however, that the length of the working test
period for troopers of the Uniform Division of the Department of Public Safety
shall be 18 months.
(14)
'Working test employee' or 'employee on working test' means a classified
employee serving a working test period in the position in which he or she is
employed; provided, however, that an employee serving a working test period
following a promotion in the same department from a lower class in which he or
she had successfully completed a working test period shall retain appeal rights
in the lower class until he or she successfully completes the working test
period in the job to which he or she has been promoted."
SECTION
3.
Said
chapter is further amended by revising Code Section 45-20-3, relating to duties
and functions of the State Personnel Board, as follows:
"45-20-3.
(a)(1)
The State Personnel Board shall prescribe the guidelines by which the
state´s personnel policies shall be administered. The board shall hold
regular meetings as needed for the proper discharge of its duties.
(2)
Members of the board shall receive no salary but shall receive the same expense
allowance per day as that received by a member of the General Assembly for each
day such member is attending meetings or performing official business for the
board, plus reimbursement for actual transportation costs while traveling by
public carrier or the legal mileage rate for the use of a personal automobile in
connection with such attendance or official business.
(3)
Three members shall constitute a quorum. Only the votes of a majority of the
members present shall be necessary for the transaction of any business or
discharge of any duties of the State Personnel Board, provided there is a
quorum.
(b)
It shall be the specific duty and function of the State Personnel
Board:
(1)
To represent the public interest in the improvement of personnel administration
in all state departments;
(2)
To determine appropriate human resource management goals and objectives and
prescribe policies for their accomplishment;
(3)
At public hearings, to adopt and amend policies, rules, and regulations
effectuating the State Merit System of Personnel Administration and the
state´s personnel policies and practices subject to approval by the
Governor. Notice of State Personnel Board meetings shall be released to all
departments and agencies and shall be prominently posted at the office of the
State Merit System of Personnel Administration at least ten days prior to each
board meeting;
(4)
Where the board deems a review appropriate, for employees of the classified
service, to ensure that a review is afforded on a dismissal and other adverse
personnel actions defined by the rules and regulations of the State Personnel
Board. All appeals determinations of the board shall be written and documented
as to findings of fact, bases for decisions, and prescribed
remedies;
(5)
To assure the administration of state and federal laws relating to state
personnel administration;
(6)
To establish an annual budget covering all the costs of State Personnel Board
operations, said budget to be incorporated as a component of the annual budget
of the state merit system; and
(7)
To promote public understanding of the purposes, policies, and practices of the
State Merit System of Personnel Administration and to advise and assist the
several state departments in fostering merit selection and securing the interest
of institutions of learning and of civic, professional, and other organizations
in the improvement of personnel standards under the state´s personnel
system."
SECTION
4.
Said
chapter is further amended by revising Code Section 45-20-4, relating to the
creation of the commissioner of personnel administration, as
follows:
"45-20-4.
(a)
There is created the position of commissioner of personnel administration. The
commissioner shall be appointed by the Governor after consultation with the
State Personnel Board subject to confirmation by the Senate. The Governor shall
fix the compensation of the commissioner, who shall serve at the pleasure of the
Governor.
(b)
The duties and responsibilities of the commissioner shall be:
(1)
To serve as executive secretary to the board, to attend meetings as directed by
the board, and to provide such professional, technical, and other supportive
assistance as may be required by the board in the performance of its
duties;
(2)
Consistent with board policy, to administer the operations of the state merit
system and to otherwise act in the capacity of chief executive officer of the
state personnel administration program;
(3)
To submit to the Governor the rules and regulations adopted by the State
Personnel Board effectuating the state merit system. Such rules and regulations
when approved by the Governor shall have the force and effect of law and shall
be binding upon the state departments covered by this article and shall include
provisions for the establishment and maintenance of classification and
compensation plans, the conduct of examinations, appointments, promotions,
transfers, demotions, appeals of classified employees, reports of performance,
payroll certification, and other phases of personnel administration. Such rules
and regulations shall define and prohibit improper political activity by any
departmental employee of the State Personnel Board or any employee covered under
the terms of this article and shall provide that there shall be no
discrimination for or against any person or employee in any manner, to include,
but not be limited to, hiring, discharge, compensation, benefits, terms or
conditions of employment, promotion, job classification, transfer, privileges,
or demotion because of political affiliation, religious affiliation, race,
creed, national origin, sex, age between 40 and 70 years, or physical
disability. Such rules and regulations shall conform to the minimum standards
for merit systems of personnel administration as specified by those federal
departments from which federal funds are obtained for use by the several state
departments covered by this article. Compensation plans and modifications
thereto promulgated under the rules and regulations of the commissioner shall
become effective as adopted upon approval of the director of the Office of
Planning and Budget;
(4)
To administer the rules and regulations and all other operational aspects of the
state merit system and to assure compliance therewith in all
departments;
(5)
To appoint and prescribe the duties of the merit system staff;
(6)
To establish an annual budget covering all the costs of operating the State
Merit System of Personnel Administration including the State Personnel Board,
and the costs of administering such federal laws relating to personnel
administration as the Governor may direct including the Intergovernmental
Personnel Act of 1970, and to determine an equitable basis of prorating the
annual costs among the several departments covered by the State Merit System of
Personnel Administration, provided that upon approval of such budget by the
Governor, the Governor shall be empowered to direct that the necessary pro rata
share of the several assessed departments concerned be made available for
expenditure by the state merit system in the same manner as appropriated funds
are expended by other departments of the state;
(7)
To ensure compliance with all applicable state and federal statutes and
regulations concerning discrimination in employment, personnel administration,
and related matters;
(8)
To cooperate with appointing authorities in the administration of this article
in order to promote public service and establish conditions of service which
will attract and retain employees of character and ability and to increase
efficiency and economy in governmental departments by improving the methods of
personnel administration with full recognition of the requirements and needs of
management; and
(9)
To appoint and prescribe the duties of a deputy commissioner of personnel
administration who shall be the second highest executive officer in the state
merit system and the deputy executive secretary to the State Personnel Board;
and to appoint and prescribe the duties of such other assistant commissioners of
personnel administration as the commissioner deems appropriate. The deputy
commissioner and the assistant commissioners shall have the authority to perform
any duty assigned to the commissioner if delegated to them by the
commissioner."
SECTION
5.
Said
chapter is further amended by revising Code Section 45-20-5, relating to the
creation of the Advisory Council for Personnel Administration, as
follows:
"45-20-5.
(a)
There is created the Council for State Personnel Administration. The objectives
of the council shall be:
(1)
To promote improvements in the personnel program in state
government;
(2)
To provide a forum for the interchange of information relating to the state
personnel program;
(3)
To serve as a channel through which the operating agencies may express their
opinions on matters affecting state personnel;
(4)
To seek equitable interpretation and application of the laws, rules,
regulations, policies, and procedures which affect state personnel management
and administration; and
(5)
To strive for professional consensus consistent with the democratic process in
all actions which it may undertake.
(b)
Membership in the council shall be as defined in the bylaws of the
council.
(c)
The council is authorized to adopt bylaws which prescribe its organizational
structure, officers and terms and conditions of office, meeting schedules, and
such other organizational and operational procedures as are necessary for its
lawful and effective functioning. As the professional association authorized to
represent the interests of the several departments in the area of state
personnel administration, the council shall through its offices have direct
access to the board, the commissioner, the Governor, and the General Assembly to
present grievances, suggestions, and recommendations."
SECTION
6.
Said
chapter is further amended by revising Code Section 45-20-6, relating to the
composition of classified and unclassified service, as follows:
"45-20-6.
(a)
The classified service as defined by Code Section 45-20-2 shall consist of only
those employees who were in the classified service on June 30, 1996, and who
have remained in a classified position without a break in service since that
date. Any officer or employee who occupies a classified position under the
state merit system prior to July 1, 1996, or as provided in Code Section
15-11-24.3 shall remain in the classified service so long as such officer or
employee shall remain in a classified position or as otherwise provided by law.
Employees in the classified service shall have, upon completing a working test
period, appeal rights as provided in Code Sections 45-20-8 and
45-20-9.
(b)
The unclassified service as defined by Code Section 45-20-2 shall consist of all
employees in the departments of state government not included in the classified
service under this article. Employees in the unclassified service shall be
employees at will and shall not be afforded appeal rights.
(c)
Exclusion from the classified service shall not exclude any employee, officer,
or official from eligibility for membership or membership in the Employees´
Retirement System of Georgia, provided that such employee, officer, or official
is otherwise eligible for membership under Chapter 2 of Title 47.
(d)
It is the intent of the General Assembly that employees in the classified
service be required to serve a working test period before they obtain rights of
appeal and that the successful completion of this probationary period is part of
the employment examination procedure. Each employee serving in a working test
period shall be provided with management review by the appointing authority
within ten calendar days of the date the employee has completed one-half of the
working test period or as near to such date as is practicable. The management
review shall include an evaluation of the employee´s progress and
recommendations, if any, for corrective action. The provision of management
review pursuant to this subsection is solely for the purpose of promoting
efficient management and employee development and shall not be interpreted as
granting any additional rights to a working test employee. The State Personnel
Board shall be responsible for adopting and amending rules and regulations
establishing the guidelines to be used by the appointing authority in completing
the management review pursuant to this subsection."
SECTION
7.
Said
chapter is further amended by revising subsections (a) and (b) of Code Section
45-20-8, relating to the procedure for adverse action against permanent status
employees, as follows:
"(a)
Classified employees who have successfully completed a working test period may
be dismissed from employment or otherwise adversely affected as to compensation
or employment status only if such action is taken in accordance with the rules
and regulations of the State Personnel Board governing adverse actions and
appeals for classified employees.
(b)
This article is not intended to create a property interest in the job, but
rather to create only a procedure under which classified employees can be
dismissed or otherwise adversely affected. The procedure adopted for dismissing
a classified employee from employment or otherwise adversely affecting his or
her compensation or employment status shall include, as a minimum, that the
appointing authority must provide the classified employee with reasons for the
action and an opportunity to file an appeal and request a hearing which may be
held before either the board or an administrative law judge; provided, however,
that the hearing may be held subsequent to the effective date of the dismissal
or other purported adverse action; provided, further, that the right to appeal
shall not apply when persons are dismissed or otherwise adversely affected as to
compensation due to curtailment of funds or reduction in staff when such action
is in accordance with the rules and regulations of the State Personnel
Board."
SECTION
8.
Said
chapter is further amended by revising subsections (a) and (b) of Code Section
45-20-9, relating to the procedure for the conduct of hearings and appeals
relating to adverse personnel actions, as follows:
"(a)
Any laws to the contrary notwithstanding, all hearings on dismissals, other
adverse personnel actions, and other purported violations of the rules and
regulations as applied to classified employees shall be instituted by filing a
written appeal with the Office of State Administrative Hearings upon such ground
and in such form and under such procedure as may be prescribed by rules and
regulations of the office. The party appealing and the department from whose
action the appeal is taken shall be notified in writing within 15 days from the
filing of the appeal that an appeal has been filed and the time for which a
hearing is scheduled.
(b)
The State Personnel Board, any member of the board, or an administrative law
judge shall have the authority to do the following in connection with any
hearing on a dismissal or other purported violation of the rules and
regulations: administer oaths and affirmations; sign and issue subpoenas; rule
upon offers of proof; regulate the course of the hearing, set the time and place
for continued hearings, and fix the time for filing briefs; dispose of motions
to dismiss for lack of the board´s jurisdiction over the subject matter or
parties or for any other ground; dispose of motions to amend or to intervene;
provide for the taking of testimony by deposition or interrogatory; and
reprimand or exclude from the hearing any person for any indecorous or improper
conduct committed in the presence of the board or the administrative law
judge."
SECTION
9.
Said
chapter is further amended by revising Code Section 45-20-12, relating to the
implementation of public management certificate programs, as
follows:
"45-20-12.
(a)
The State Personnel Board and the State Merit System of Personnel Administration
are authorized and directed to implement a sequential series of leadership
development courses of study and preparation in order to enhance the capacity of
supervisors, managers, and executives to lead people at the direct,
organizational, and strategic levels.
(b)
The Governor´s Executive Leadership Institute is implemented by the State
Personnel Board and the State Merit System of Personnel Administration with the
following objectives:
(1)
To establish and maintain a state government executive leadership development
program to train and prepare current and future state government
leaders;
(2)
To foster and maintain higher developmental, educational, and ethical standards
in the field and practice of public leadership and management; and
(3)
To assist agencies of state government by establishing a more objective measure
of a leader´s professional preparation and knowledge."
SECTION
10.
Said
chapter is further amended by striking Code Section 45-20-13, relating to
penalties for violations of article or rules or regulations promulgated
thereunder, as follows:
"45-20-13.
Reserved."
SECTION
11.
Said
chapter is further amended by striking Code Section 45-20-14, relating to rights
of merit system officers and employees, as follows:
"45-20-14.
Reserved."
SECTION
12.
Said
chapter is further amended by revising Code Section 45-20-15, relating to
confidentiality of information received by staff in counseling, as
follows:
"45-20-15.
(a)
As used in this Code section, the term:
(1)
'Counseling session' means any discussions or meetings between a state employee
and an official or other employee of the state merit system which are conducted
under an official program established by the commissioner.
(2)
'Information' means any written document or material acquired or produced as a
part of a counseling session or the contents thereof and the contents of any
discussions held as a part of a counseling session.
(3)
'Program' means the employee relations counseling function established by the
commissioner under which an employee is entitled to confidential counseling with
regard to job related problems.
(b)
Except as provided in subsections (c), (d), and (e) of this Code section,
information received or developed by the merit system staff in performing its
counseling functions shall be maintained as confidential by the merit system and
shall not be subject to disclosure by the merit system unless such information
relates directly to proof of the possible violation of a criminal
statute.
(c)
Information may be disclosed if such disclosure is authorized, in writing, by
all parties to the counseling session in which the information was
produced.
(d)(1)
Nothing contained in this Code section shall be construed to prohibit any person
from disclosing any fact the knowledge of which was obtained independently of a
counseling session.
(2)
The state merit system counselor may disclose information obtained in a
counseling session to a manager of the state merit system for the purpose of
employee counseling. Any such disclosure shall be confidential and the person
to whom the information is disclosed shall be subject to the restrictions
contained in subsection (b) of this Code section.
(e)
Information received by a state merit system counselor during a counseling
session which indicates that unlawful activity is being conducted in the
employee´s agency may be disclosed to the commissioner. The commissioner
may then notify the commissioner of any agency involved, the Governor, or the
Attorney General for appropriate action.
(f)
Any hearing before the board or one of its hearing officers regarding the
dismissal of a classified employee must be held in the county in which the
employee is employed unless all parties agree to another
location."
SECTION
13.
Said
chapter is further amended by revising subsections(a) and (b) of Code Section
45-20-16, relating to rules for accrual of leave, holidays and compensation for
closing of state offices, as follows:
"(a)
As a part of employee compensation, the State Personnel Board shall establish
rules for the accrual and usage of leave and holidays and for compensation due
to emergency closure of state offices or facilities for nontemporary employees.
All agencies of the executive branch, exclusive of the Board of Regents of the
University System of Georgia, shall provide for the accrual and usage of leave
and holidays and for compensation due to emergency closure of state offices or
facilities for nontemporary employees in accordance with State Personnel Board
rules.
(b)
Any employee who has accumulated sick leave shall be authorized to utilize such
sick leave in accordance with the criteria established in the rules and
regulations of the State Personnel Board; provided, however, that whenever an
employee is sick and absent from work, the employee may be required to report
each day by telephone to the appropriate authority. An employee shall not be
required to provide documentation for the use of less than 17 hours of sick
leave in any 30 day period, unless the employee has demonstrated excessive or
abusive use of sick leave. The State Personnel Board shall establish rules and
regulations that define excessive or abusive use."
SECTION
14.
Said
chapter is further amended by striking Code Section 45-20-17, relating to
interdepartmental transfers, as follows:
"45-20-17.
Reserved."
SECTION
15.
Said
chapter is further amended by revising Code Section 45-20-19, relating to
termination or elimination of classified positions or employees, as
follows:
"45-20-19.
(a)
This subsection shall apply whenever any department or agency proposes to
eliminate one or more nontemporary positions or terminate the employment of one
or more nontemporary employees through a reduction in force. No position
elimination or employment termination subject to this subsection may become
effective until at least 30 days after the affected employee has been notified
in writing by the department or agency. Such notice must contain at a
minimum:
(1)
A statement of the nature of the proposed action to be taken with respect to the
affected employee;
(2)
An explanation of the rights of the affected employee with respect to the
proposed reduction in force, including any right of appeal, or other
opportunities with respect to possible continued employment, any opportunities
to apply for employment with any public or private party assuming the functions
of the employee, or any other similar opportunities; and
(3)
An explanation of the affected employee´s rights and options with respect
to his or her employment benefits, including but not limited to any right to
continued participation in any retirement system or insurance plan.
(b)
This subsection shall apply whenever any department or agency proposes to
eliminate 25 or more nontemporary positions or terminate 25 or more nontemporary
employees through a reduction in force. At least 15 days prior to giving the
employee notice required by subsection (a) of this Code section, the department
or agency shall give written notice to the President of the Senate and the
Speaker of the House of the proposed reduction in force. Such notice
shall:
(1)
Identify the facilities and operations to be affected and the estimated number
of employees to be affected; and
(2)
State the reasons for the proposed action.
(c)
Subsections (a) and (b) of this Code section shall not apply to a reduction in
force which must become effective immediately because the department or agency
has insufficient funds available to pay the salaries of the affected
employees."
SECTION
16.
Said
chapter is further amended by revising Code Section 45-20-21, relating to
performance management system provided for classified employees, as
follows:
"45-20-21.
The
State Personnel Board shall provide for a performance management system for the
periodic review and rating of the quality and quantity of work performed by
employees. All agencies of the executive branch, exclusive of the Board of
Regents of the University System of Georgia, shall provide for the review and
rating of the quality and quantity of work performed by
employees."
SECTION
17.
Said
chapter is further amended by revising paragraph (1) of Code Section 45-20-90,
relating to definitions relative to random drug testing of employees in
high-risk jobs, as follows:
"(1)
'Employee' means any employee required to be certified under the provisions of
Chapter 8 of Title 35 receiving a salary or hourly wage from any state agency,
department, commission, bureau, board, or authority. 'Employee' shall also
include any certified employee working under a personnel contract to provide
personnel services, including but not limited to medical, security, or
transportation services to a state or other public agency."
SECTION
18.
Said
chapter is further amended by revising Code Section 45-20-91, relating to
determination of employees subject to testing, as follows:
"45-20-91.
(a)
Employees working in high-risk jobs shall be subject to random testing for
evidence of use of illegal drugs.
(b)
The head of each state agency, department, commission, board, bureau, or
authority shall determine those positions and groups of positions whose
occupants regularly perform high-risk work where inattention to duty or errors
in judgment while on duty will have the potential for significant risk of harm
to the employee, other employees, or the general public. This Code section
shall not be construed to include employees who do not regularly perform
high-risk work regardless of the fact that other employees in the same
classification do perform such high-risk work."
SECTION
19.
Said
chapter is further amended by revising Code Section 45-20-92, relating to rules
adopted by the State Personnel Board, as follows:
"45-20-92.
(a)
The State Personnel Board shall adopt rules to establish:
(1)
The portion of employees in the high-risk work group that may be selected at
random for testing at each testing period;
(2)
Methods for assuring that employees are selected for testing on a random
basis;
(3)
Methods for assuring that privacy intrusions are minimized during collection of
body fluid specimens;
(4)
Methods for assuring that any body fluid specimens are stored and transported to
testing laboratories at proper temperatures and under such conditions that the
quality of the specimens shall not be jeopardized;
(5)
Methods for assuring that the identity of employees whose tests show the usage
of an illegal drug is limited to the staff who are entitled to this information;
and
(6)
The identification of those persons entitled to the information and shall adopt
such other rules as it may deem appropriate to carry out the purposes of this
article. The board may, in its discretion, delegate to the commissioner of
personnel administration such authority as appropriate to carry out the purposes
of this article.
(b)
The commissioner shall establish and maintain a list of those laboratories
qualified to conduct established drug tests and shall determine which illegal
drugs will be the subject of testing; provided, however, that no laboratory
shall be so certified unless that laboratory, on a daily basis, adds to its
urine testing program a minimum of 10 percent blind test
specimens."
SECTION
20.
Said
chapter is further amended by revising Code Section 45-20-111, relating to
analysis of positions warranting established test and testing requirements, as
follows:
"45-20-111.
(a)
The head of each agency, department, commission, bureau, board, college,
university, institution, or authority shall ensure an analysis is completed on
all jobs in his or her organization to determine those positions whose duties
and responsibilities warrant conducting an established test for illegal drugs in
accordance with the provisions of this Code section. The analysis must be
completed by July 1, 1995. All jobs established after this date must undergo a
similar analysis no later than six weeks after establishment. An applicant for
a designated position shall undergo a drug test consistent with these
provisions.
(b)
An applicant for state employment who is offered employment in a position
designated by the head of the agency, department, commission, bureau, board,
college, university, institution, or authority as requiring a drug test shall,
prior to commencing employment or within ten days after commencing employment,
submit to an established test for illegal drugs. All costs of such testing
shall be paid from public funds by the employing agency or unit of state
government. Any such test which indicates the presence of illegal drugs shall
be followed by a confirmatory test using gas chromatography/mass spectrometry
analysis. If the results of the confirmatory test indicate the presence of
illegal drugs, such results shall be reviewed and interpreted by a medical
review officer to determine if there is an alternative medical explanation. If
the applicant provides appropriate documentation and the medical review officer
determines that it was a legitimate usage of the substance, the result shall be
reported as negative. Any applicant who fails to provide an alternative medical
explanation shall be reported by the medical review officer as having a positive
test result. Any applicant offered employment who refuses to submit to an
established test for illegal drugs or whose test results are positive shall be
disqualified from employment by the state. Such disqualification shall not be
removed for a period of two years from the date that such test was administered
or offered, whichever is later. The State Personnel Board shall develop rules
for the administration of the test and any verification procedures. Other
covered units of state government shall also develop rules governing these
procedures. The results of such tests shall remain confidential and shall not
be a public record unless necessary for the administration of these provisions
or otherwise mandated by other state or federal law."
SECTION
21.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
22.
All
laws and parts of laws in conflict with this Act are repealed.