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General ASSEMBLY OF NORTH CAROLINA Session 2009 Session Law 2010-169 House bill 961 -----------. Public Health Management Current Affairs. An act to strengthen transparency of government through additional disclosures by Public Servants …. Keita Cannon, SPHR, CPM
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General ASSEMBLY OF NORTH CAROLINA Session 2009 Session Law 2010-169 House bill 961 ----------- Public Health Management Current Affairs An act to strengthen transparency of government through additional disclosures by Public Servants… Keita Cannon, SPHR, CPM Local Government Program Team Leader North Carolina Office of State Personnel http://www.osp.state.nc.us/ExternalHome
Topics for Discussion Powers and Duties of County Manager Separation Due to Unavailability When Leave is Exhausted Government Ethics and Campaign Reform Act of 2010
Extra Bonus Statute Slide! GS 153A-82 – Powers and Duties of County Manager The manager is the chief administrator of county government. He is responsible to the board of commissioners for the administration of all departments of county government under the board's general control and has the following powers and duties: He shall appoint with the approval of the board of commissioners and suspend or remove all county officers, employees, and agents except those who are elected by the people or whose appointment is otherwise provided for by law. He shall direct and supervise the administration of all county offices, departments, boards, commissions and agencies under the general control of the board of commissioners, subject to the general direction and control of the board.
Separation - Involuntary Separation Due to Unavailability When Leave is Exhausted For reasons outside the employee’s control, they are unable to return back to work after all applicable leave credits are exhausted *Applicable Leave Credits – the vacation, sick (or any other applicable leave credits your County may have) that the employee requested to exhaust prior to going out on leave without pay Must let employee know, in writing, of proposed separation No Pre-Disciplinary Conference necessary Must give employee appeal rights; this separation is grievable
Public Information in Personnel Files NEW LAW ALERT – HB 961 Effective October 1, 2010, Public Information in Personnel Files was revamped by the NC General Assembly (§153A-98). Looking at the “Old” vs. “New” laws, we see the following changes:
Public Information in Personnel Files (cont) “Old” Law “New” Law Name Age Date of original employment Terms of any contract Current position title Current salary Office to which employee assigned • Name • Age • Date of original employment • Terms of any contract • Current position title • Current salary • Office to which employee assigned
Public Information in Personnel Files (cont) “Old” Law “New” Law Date and amount of each increase or decrease in salary with that County 9. Date and type of each promotion demotion, transfer, suspension, separation or other change in position classification with that County • Date and amount of most recent increase or decrease in salary 9. Date of most recent promotion, demotion, transfer, suspension, separation or other change in position classification
Public Information in Personnel Files (cont) “Old” Law “New” Law Date and general description of the reasons for each promotion Date and type of each dismissal, suspension, or demotion for disciplinary reasons taken by County. If disciplinary action was a dismissal, a copy of the written notice of the final decision of the County setting forth the specific acts or omissions that are the basis of the dismissal • N/A • N/A
Public Information in Personnel Files (cont) Public Health Departments fall under the County, not the State Personnel Act for this implementation Board of County Commissioners responsible for determining in what form and by whom information will be maintained