07 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 SENATE
A
BILL TO BE ENTITLED
AN ACT
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.
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
covered
employees in the classified service
and shall
remain subject to the rules and regulations of the state merit
system so long as they remain in
covered
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,
whether included in the classified or unclassified
service, 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)
With
respect to employees in the unclassified service,
it
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
common
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
model
standards and processes and best practices
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)
With respect to employees in the unclassified service, it shall be the
responsibility of the employing agency to perform the following
functions:
(1)
Within state-wide human resource standards, processes, and best practices
criteria, define agency unique job classes, establish and apply associated
qualifications for those job classes, and assign those job classes to pay ranges
on an appropriate state-wide compensation plan;
(2)
Allocate agency positions to defined job classes;
(3)
Recruit and screen applicants for job vacancies;
(4)
Develop and administer appropriate job applicant screening devices to ensure the
integrity of the hiring process; and
(5)
Develop agency unique policies to ensure compliance with all applicable
employment related state and federal laws.
(e)(d)
Subsections
Subsection
(c) and
(d) of this Code section shall not apply
to the legislative or judicial
branches,
or
to the board of
regents, or
to any agency which employed no classified employees as of July 1,
1996.
(f)(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.
(g)(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.
(h)(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
all
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; all
employees of local departments of health and county departments of family and
children services; local employees of the Department of Defense as defined by
law; but those officers and employees excluded by this article shall not be
included.
(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)
'Confidential position' means a position which by its nature is entrusted with
private or restricted information of a type which would preclude it from
inclusion in the classified service.
(5)(4)
'Covered
employee' or 'classified
'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
subject to
the rules and regulations of the state merit
system.
(6)(5)
'Covered
position' or 'classified
'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
subject to
the rules and regulations of the state merit
system.
(7)(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,
and
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.
(8)(7)
'Department
covered by the state merit system' means that a department has one or more
positions or employees subject to the State Merit System of Personnel
Administration.
'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.
(8.1)
'Interdepartmental transfer' means a transfer from a classified position in one
department to a classified position in another department at the same or a
higher or lower pay grade. A transfer between units of the Department of Human
Resources, including county departments of health and county departments of
family and children services, shall not be deemed to be an interdepartmental
transfer.
(9)
'Permanent employee,' 'permanent status employee,' or 'employee on permanent
status' means an employee who has successfully completed a working test period
in the class of positions in which he or she has been employed.
(10)(8)
'Position' means a set of duties and responsibilities assigned or delegated by
competent authority for performance by one person.
(11)
'Positions of purely policy-making nature' means those positions charged with
the primary responsibility and authority for the promulgation, implementation,
and enforcement of departmental policies.
(12)(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.
(13)(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.
(14)(11)
'State Personnel Board policies' means those policies adopted by the board and
approved by the
Governor,
which
policies
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.
(15)(12)
'Unclassified service'
means
employment at will and includes
all employees
except those in the classified service as defined in this Code
section.
the
following officers and employees who are excluded from the classified service by
this article:
(A)
Members of the General Assembly;
(B)
Persons elected or appointed by the General Assembly, employees of the General
Assembly, officials and employees of the Department of Audits and Accounts, and
the legislative counsel, except as otherwise provided;
(C)
Officers, officials, and employees comprising the office of the Governor, except
those officers, officials, and employees already covered by the state merit
system by law or executive order; and all employees of the Office of Planning
and Budget in the position classification policy coordinator, notwithstanding
their previous inclusion in the classified service;
(D)
Officers, officials, and employees comprising the office of the Lieutenant
Governor, except as otherwise provided;
(E)
Officers and officials elected by popular vote and persons appointed to fill
vacancies in elective offices;
(F)
Members of boards and commissions appointed by the Governor or the General
Assembly;
(G)
The heads of departments or agencies appointed by boards or commissions which
have been appointed by the Governor or the General Assembly, except where
specifically included;
(H)
Justices, judges, officials, officers, and employees of the judicial
branch;
(I)
Members, the chancellor, and vice-chancellors of the Board of Regents of the
University System of Georgia and all officers, officials, and employees of the
University System of Georgia, except those officers, officials, and employees
already eligible to be covered by the state merit system by law or executive
order;
(J)
The officers, officials, and employees of the Department of Transportation,
except those officers, officials, and employees already eligible to be covered
by the state merit system by law or executive order;
(K)
The officers, officials, and employees of the Department of Law, except those
officers, officials, and employees already covered by the state merit system by
law or executive order;
(L)
A deputy or a confidential secretary when one is required by the head of a
department, provided that the commissioner shall prescribe the conditions under
which more than one deputy may be excluded;
(M)
Not more than five positions designated by the head of each department, bureau,
commission, or agency, including those assigned for administrative purposes
only, provided that the agency does not presently contain five unclassified,
full-time, permanent, managerial positions; and provided, further, that the
rights of classified employees shall not be abridged;
(N)
Members of the military forces of the state while engaged in military
service;
(O)
Members of unemployment compensation boards of review and appeals tribunals
representing employer, employee, and the general public interest;
(P)
State and local officials serving ex officio or emeritus and performing
incidental duties;
(Q)
Members of other advisory councils, committees, or similar bodies within the
state merit system;
(R)
Part-time or temporary employees rendering medical, nursing, or other
professional, scientific, or technical services who are not engaged in the
performance of administrative duties under the merit system, provided that such
employees meet the minimum requirements of education and experience established
by the appointing authority and such employment is approved by the
commissioner;
(S)
Prisoner, inmate, student, or patient help working in or about
institutions;
(T)
Per diem employees engaged in skilled or unskilled work on a seasonal or
intermittent basis, provided that the commissioner has authorized such
employment;
(U)
Commission and contract salesmen and hourly or per diem skilled and unskilled
laborers working at the Georgia Industries for the Blind;
(V)
Positions specifically excluded from classified service by law or those of a
purely policy-making or confidential nature as recommended by the department
head and approved by the Governor after consultation with the
commissioner;
(W)
Time-limited positions established for the purpose of conducting a specific
study, investigation, or project subject to the approval of the
commissioner;
(X)
Additional positions of unique functions as may be authorized by the
commissioner;
(Y)
Positions in the class Major assigned to the Uniform Division of the Department
of Public Safety;
(Z)(i)
The officers, officials, employees, and positions of the Department of Natural
Resources, except those officers, officials, employees, and positions which are
as of March 14, 1984, in fact in the classified service or which the
commissioner designates as being in the classified service of the merit system
unless placed in the unclassified service under another provision of this
chapter. Except as provided in division (ii) of this subparagraph, unclassified
employees of the Department of Natural Resources who are paid on an hourly basis
shall continue not to be entitled to other benefits of employment, including,
but not limited to, the accrual of annual and sick leave, membership within the
Employees´ Retirement System of Georgia, and inclusion under the health
insurance plan for state employees as provided for in Article 1 of Chapter 18 of
this title.
(ii)
Any provision of division (i) of this subparagraph to the contrary
notwithstanding, unclassified employees of the Department of Natural Resources
who are at work on or after July 1, 1993, who are paid on an hourly basis, and
who are otherwise eligible to participate under Article 1 of Chapter 18 of this
title may be included under the health insurance plan for state employees as
funding is provided and may accrue annual and sick leave; provided, however,
that such eligibility for annual and sick leave shall not apply to any service
occurring prior to July 1, 1993;
(AA)
The employees in the positions in the job classification of 'Clerk, Contingency'
in the Department of Labor who are paid on an hourly basis. These employees
shall continue not to be entitled to other benefits of employment, including,
but not limited to, the accrual of annual and sick leave, membership within the
Employees´ Retirement System of Georgia, and inclusion under the health
insurance plan for state employees as provided for in Article 1 of Chapter 18 of
this title;
(BB)
The officers, officials, and employees of postsecondary technical schools which
are operated by the Department of Technical and Adult Education, except those
officers, officials, and employees already eligible to be covered by the state
merit system by law or executive order;
(CC)
The 39 positions funded by the General Assembly during the 1992 legislative
session for the Insurance Department for the purposes of securing accreditation
of the Insurance Department by the National Association of Insurance
Commissioners;
(DD)
The officers, officials, and employees of state schools which are operated by
the State Board of Education, except those officers, officials, and employees
already eligible to be covered by the state merit system by law or executive
order;
(EE)
All positions filled on or after July 1, 1996, by new hires or rehires, except
as provided in Code Section 15-11-24.3;
(FF)
Any position established on or after July 1, 1996; and
(GG)
Any classified employee who, on or after July 1, 1996, accepts employment in an
unclassified position.
(16)(13)
'Working test' or 'working test period' means a probationary period of
employment in a
class of
covered positions
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
and
interdepartmental transfer as provided in Code Section
45-20-17. The commissioner may fix the
length of the working test period for any
class
job
at not less than six months nor more than 18 months exclusive of any time in
nonpay status
or an
unclassified position; 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.
The State
Personnel Board shall provide guidelines to be used by appointing authorities in
reviewing classified employees during the working test period.
(17)(14)
'Working test employee' or 'employee on working test' means a
covered
classified
employee serving a working test period in
the class
of positions
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
held
permanent status
had
successfully completed a working test
period shall retain
permanent
status
appeal
rights in the lower class until he or she
attains
permanent status
successfully
completes the working test period in the
class
job
to which he or she has been
promoted;
provided, further, that an employee with five years or more of continuous state
service who is serving a working test period following an interdepartmental
transfer shall retain permanent status rights in the new department as provided
in subsection (b) of Code Section
45-20-17."
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
at least
once each month and may hold additional meetings as may be
required
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
for the
employees of the classified and unclassified
service 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
with
respect to employees of the classified and unclassified
service subject to approval by the
Governor.
The rules
and regulations of the State Personnel Board in effect on March 13, 1975, shall
remain in effect until amended, changed, modified, or repealed by the
board. 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
dismissals,
a dismissal
and other adverse personnel actions
defined by the rules and regulations of the State Personnel
Board, and
other purported violations of the rules and regulations in the several
departments which are included in the classified service as well as in other
matters under the board´s
jurisdiction. 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,
and the
establishment of registers of persons eligible for employment, the certification
of eligible persons, appointments,
promotions, transfers, demotions,
separations,
tenure, reinstatement, appeals
of classified
employees, reports of performance, payroll
certification,
employee
training, and
all
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 be in
the unclassified service and any of them
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
an
Advisory
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
open to
persons serving in technical, professional, supervisory, and executive
capacities in personnel administration in all state departments subject to state
merit system coverage
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
all
positions filled by agencies prior to July 1, 1996, except those included by law
in the unclassified service and except as provided in Code Section 15-11-24.3.
Such classified positions shall be covered by the state merit
system
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
covered
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
covered
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
positions
employees
in the departments of state government not included in the classified service
under this article
and these
positions shall not be subject to the rules and regulations of the State
Personnel Board.
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
merit
system protection
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)
Permanent
status
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
permanent
status
classified
employees can be dismissed or otherwise adversely affected. The procedure
adopted for dismissing a
permanent
status
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
permanent
status
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
in the
several departments which are included in the career
service
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
in the
several departments which are included in the career
service: 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
management
leadership
development courses
in a
certification program of
study,
and
preparation,
and examination in order to
recognize
professional and educational attainment in the field of public management in
Georgia state government
enhance the
capacity of supervisors, managers, and executives to lead people at the direct,
organizational, and strategic
levels.
(b)
The
certified
public manager program
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
encourage
the recognition of management in state government as a profession established
upon an underlying body of knowledge and to delineate a course of study and
preparation by which such knowledge can be
acquired
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
manager´s
leader´s
professional preparation and
knowledge;
and
(4)
To provide appropriate professional recognition of management development
attainment by managers in Georgia state
government."
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.
(a)
Any person who knowingly and willfully violates this article or the rules and
regulations promulgated under this article shall be guilty of a
misdemeanor.
(b)
Any person convicted of a misdemeanor under this article shall in addition to
any punishment prescribed therefor be ineligible for appointment to or
employment in a position in the state service for a period of five years after
such conviction.
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.
Unless
otherwise provided in this article, each merit system officer or employee in a
classified position affected by this article shall be entitled to all rights
which he possessed as a merit system officer or employee in a classified
position before March 13, 1975, including all rights of rank or grade, rights to
vacation, sick pay and leave, payment for accumulated annual leave, rights under
any retirement or personnel plan, and any other rights under any law or
administrative policy. This Code section is not intended to create any new
rights for any merit system officer or employee but to continue only those
rights in effect before March 13, 1975.
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
or other
employee covered by the state merit system
and an official or other employee of the state merit
system,
which
discussions
or meetings 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
a
covered
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
information
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
state
employee covered by the merit system
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
in the
classified service. 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
the
unclassified service in the same manner and amount provided for employees in the
classified service
accordance
with State Personnel Board
rules.
(b)
Any employee
in the
classified service 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.
(a)
Prior to the interdepartmental transfer of any employee with less than five
years of continuous state service, the department to which the employee is
transferring may require the employee to execute a written statement
acknowledging that a new working test period is required in the new department
and that the employee retains no rights to any former class or employment in
either department. If the department to which the employee is transferring
fails to require the employee to execute the statement, the employee shall be
considered a permanent status employee in the new class in the department to
which the employee transferred.
(b)
An employee with five years or more of continuous state service who accepts an
interdepartmental transfer shall be required to serve a working test period in
the class in the new department; provided, however, if the employee previously
held permanent status in a class on a pay grade lower than the class to which
the employee transferred in the new department, the employee shall retain
permanent status rights to the lower class in the new department.
(c)
Notwithstanding any other provision of this Code section, a transfer between
units of the Department of Human Resources, including county departments of
health and county departments of family and children services, shall not be
deemed to be an interdepartmental transfer subject to the provisions of this
Code section.
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
classified
nontemporary
positions or terminate the employment of one or more
classified
nontemporary
employees through a reduction in force
under State
Personnel Board rules. 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
classified
nontemporary
positions or terminate 25 or more
classified
nontemporary
employees through a reduction in force
under State
Personnel Board rules. 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
classified
employees. All agencies of the executive branch, exclusive of the Board of
Regents of the University System of Georgia
and of any
agency which employed no classified employees as of July 1,
1996, shall provide for the review and
rating of the quality and quantity of work performed by employees
in the
unclassified service in the same manner as employees in the classified
service."
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
and shall
include all such certified employees whether or not such certified employees are
covered by the rules and regulations of the State Personnel
Board. '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.
With regard
to positions covered under the classified service of the State Merit System of
Personnel Administration, the department head shall consult with the
commissioner of personnel administration before making such determination and
shall notify the commissioner of any such
determination."
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)
For
employees in the classified service of the State Merit System of Personnel
Administration, the
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)
For all
other employees, the department or agency head shall adopt policies 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 policies as such department or agency head may deem
appropriate to carry out the purposes of this
article.
(c) 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."
(c) 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.
Organizations
with positions covered under the classified service of the state merit system
shall consult with the commissioner of personnel administration before making
final determinations and shall provide the commissioner with a list of
designated positions and accompanying documentation and analysis.
(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
for
positions covered under the state merit
system. 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.