SUBCHAPTER 1I ‑ SERVICE TO LOCAL GOVERNMENT
SECTION .0100 ‑ GENERAL PROVISIONS
25 NCAC 01I .0101 AUTHORITY FOR PERSONNEL POLICIES
History Note: Authority G.S. 126‑4; 126‑7;
126‑8;
Eff. February 1, 1976;
Repealed Eff. November 1, 1988.
25 NCAC 01I .0102 AUTHORITY FOR
CLASSIFICATION PLAN
History Note: Authority G.S. 126‑3; 126‑4(1);
126‑5(a);
Eff. February 1, 1976;
Amended Eff. January 1, 1989;
Repealed Eff. August 3, 1992.
25 NCAC 01I .0103 AUTHORITY FOR RECRUITMENT AND
EVALUATION
25 NCAC 01I .0104 AUTHORITY FOR OTHER SERVICES TO
LOCAL GOVERNMENT
History Note: Authority G.S. 126‑3; 126‑4;
126‑10;
Eff. February 1, 1976;
Repealed Eff. November 1, 1988.
25 NCAC 01I .0105 ORGANIZATION
History Note: Authority G.S. 126‑4; 126‑5;
Eff. February 1, 1976;
Repealed Eff. December 1, 1978.
SECTION .0200 ‑ LOCAL GOVERNMENT EMPLOYMENT POLICIES
25 NCAC 01I .0201 APPLICABILITY
25 NCAC 01I .0202 COVERAGE
25 NCAC 01I .0203 EQUAL EMPLOYMENT OPPORTUNITY
25 NCAC 01I .0204 EMPLOYMENT OF RELATIVES
25 NCAC 01I .0205 CONFLICTING EMPLOYMENT
25 NCAC 01I .0206 PERSONNEL RECORDS AND REPORTS
History Note: Authority G.S. 126-1; 126-4; 126-11;
126-12; 126-16; 126-36; 126-36.1; 153-A-98; 168A-3;
Title VII of the 1964 Civil Rights Act as amended in
1972; Federal Standards for a Merit
System of Personnel Administration; 5 U.S.C. 1501-1508;
P.L. 95-256;
Eff. February 1, 1976;
Amended Eff. May 1, 1989; January 1, 1989; August 1,
1988; December 1, 1980;
Repealed Eff. August 3, 1992.
SECTION .0300 ‑ LOCAL GOVERNMENT POSITION ANALYSIS
25 NCAC 01I .0301 AUTHORITY FOR ESTABLISHING
QUALIFICATIONS
History Note: Authority G.S. 126‑4;
Eff. February 1, 1976;
Repealed Eff. November 1, 1988.
25 NCAC 01I .0302 ORGANIZATION
25 NCAC 01I .0303 DEFINITIONS
25 NCAC 01I .0304 POLICY ON ESTABLISHING MINIMUM
QUALIFICATION STANDARDS
25 NCAC 01I .0305 CLASSIFICATION METHOD
25 NCAC 01I .0306 CLASSIFICATION PLAN
25 NCAC 01I .0307 MAINTENANCE OF THE CLASSIFICATION
PLAN
25 NCAC 01I .0308 ALLOCATION OF POSITIONS TO
CLASSIFICATION PLAN
25 NCAC 01I .0309 TENTATIVE AND FLAT‑RATE
PROVISIONS FOR TEMPORARY CLASS.
25 NCAC 01I .0310 NEW AND ADDITIONAL PERMANENT: FULL
OR PART‑TIME POSITIONS
25 NCAC 01I .0311 ALLOCATION OR REALLOCATION OF A
VACANT POSITION
25 NCAC 01I .0312 REALLOCATION OF AN ESTABLISHED
POSITION TO ANOTHER CLASS.
25 NCAC 01I .0313 EFFECTIVE DATE OF REALLOCATION
25 NCAC 01I .0314 TRANSFER OF POSITIONS
25 NCAC 01I .0315 ABOLISHMENT OF A POSITION
25 NCAC 01I .0316 ABOLISHMENT OF A CLASS
History Note: Authority G.S. 126-4;
Eff. February 1, 1976;
Amended Eff. January 1, 1989; August 1, 1980;
Repealed Eff. August 3, 1992.
SECTION .0400 ‑ LOCAL GOVERNMENT POSITION CLASSIFICATION
SERVICES
25 NCAC 01I .0401 CHARGES
25 NCAC 01I .0402 MEMORANDUM OF AGREEMENT FOR
TECHNICAL ASSISTANCE
History Note: Authority G.S. 126‑10;
Eff. February 1, 1976;
Amended Eff. January 1, 1989; April 1, 1981;
Repealed Eff. August 3, 1992.
SECTION .0500 ‑ POSITIONS IN LOCAL GOVERNMENT
25 NCAC 01I .0501 CLASSIFICATIONS
25 NCAC 01I .0502 FILING OF CLASSIFICATION STANDARDS
25 NCAC 01I .0503 CLASSIFICATION STANDARDS
25 NCAC 01I .0504 LEGAL: ADMINISTRATIVE MANAGEMENT:
AND RELATED CLASSES
25 NCAC 01I .0505 DATA PROCESSING CLASSES
25 NCAC 01I .0506 INFORMATIONAL AND EDUCATIONAL
CLASSES
25 NCAC 01I .0507 HUMAN SERVICES CLASSES
History Note: Authority G.S. 126‑4;
Eff. February 1, 1976;
Amended Eff. January 1, 1989; June 1, 1983; April 1,
1983; April 1, 1982;
Repealed Eff. August 3, 1992.
25 NCAC 01I .0508 MEDICAL: HEALTH: AND LABORATORY
CLASSES
25 NCAC 01I .0509 LICENSING: INSPECTION: AND PUBLIC
SAFETY CLASSES
25 NCAC 01I .0510 SKILLED TRADES AND ALLIED CLASSES
25 NCAC 01I .0511 ENGINEERING: ARCHITECTURAL: AND
ALLIED CLASSES
History Note: Authority G.S. 126‑4;
Eff. March 1, 1979;
Amended Eff. October 1, 1980;
Repealed Eff. August 3, 1992.
SECTION .0600 ‑ RECRUITMENT AND SELECTION
25 NCAC 01I .0601 RECRUITMENT
25 NCAC 01I .0602 POSTING AND ANNOUNCEMENT OF
VACANCIES
25 NCAC 01I .0603 APPLICANT INFORMATION AND
APPLICATION
25 NCAC 01I .0604 EMPLOYMENT OF RELATIVES
25 NCAC 01I .0605 VETERAN'S PREFERENCE
25 NCAC 01I .0606 SELECTION
History Note: Authority G.S. 126‑4;
Eff. February 1, 1976;
Amended Eff. February 1, 1989; February 1, 1986; August
1, 1980;
Repealed Eff. August 3, 1992.
25 NCAC 01I .0607 TYPES OF EXAMINATION
25 NCAC 01I .0608 ORAL EXAMINING BOARDS
25 NCAC 01I .0609 RATING EXAMINATION
25 NCAC 01I .0610 VETERANS' PREFERENCE
25 NCAC 01I .0611 EXAMINATION RECORDS
25 NCAC 01I .0612 APPLICANT APPEAL OF EXAMINATION
RESULTS
25 NCAC 01I .0613 REGISTERS OF ELIGIBLES
History Note: Authority G.S. 126‑4; Federal
Standards for a Merit System of Personnel Administration;
Eff. February 1, 1976;
Repealed Eff. February 1, 1986.
25 NCAC 01I .0614 SELECTIVE PLACEMENT PROGRAM
History Note: Authority G.S. 126‑4; Federal
Standards for a Merit System of Personnel Administration;
Eff. August 1, 1980;
Repealed Eff. February 1, 1986.
SECTION .0700 ‑ APPOINTMENT AND SEPARATION
25 NCAC 01I .0701 APPOINTMENT
25 NCAC 01I .0702 TYPES OF APPOINTMENTS AND DURATION
25 NCAC 01I .0703 TRANSFER: PROMOTION: DEMOTION: AND
SEPARATION
25 NCAC 01I .0704 TRANSFER
25 NCAC 01I .0705 PROMOTION
History Note: Legislative Objection Lodged Eff. June
13, 1983;
Filed as an Emergency Amendment (g) Eff. February 10,
1981, for a period of 111 Days to Expire on June 1, 1981;
Authority G.S. 126‑4;
Eff. February 1, 1976;
Amended Eff. January 1, 1989; February 1, 1986; August 1,
1980;
Repealed Eff. August 3, 1992.
25 NCAC 01I .0706 DEMOTION/REASSIGNMENT
25 NCAC 01I .0707 SEPARATION
25 NCAC 01I .0708 VETERANS
History Note: Authority G.S. 126‑4;
Eff. February 1, 1986;
Amended Eff. May 1, 1989; January 1, 1989;
Repealed Eff. August 3, 1992.
SECTION .0800 ‑ PROBATIONARY PERIOD AND PERMANENT STATUS
25 NCAC 01I .0801 POLICY
25 NCAC 01I .0802 PROBATIONARY PERIOD
25 NCAC 01I .0803 PERMANENT STATUS
History Note: Authority G.S. 126‑4;
Eff. February 1, 1976;
Amended Eff. December 1, 1984; June 1, 1983; August 1,
1980; January 1, 1979;
Repealed Eff. February 1, 1986.
SECTION .0900 ‑ TRANSFER: PROMOTION: DEMOTION AND
SEPARATION
25 NCAC 01I .0901 TRANSFER
25 NCAC 01I .0902 PROMOTION
25 NCAC 01I .0903 DEMOTION
25 NCAC 01I .0904 SEPARATION
25 NCAC 01I .0905 REINSTATEMENT
25 NCAC 01I .0906 VETERANS
History Note: Authority G.S. 126‑4;
Eff. February 1, 1976;
Amended Eff. June 1, 1983; October 1, 1981; December 1,
1980; January 1, 1979;
Repealed Eff. February 1, 1986.
SECTION .1000 ‑ COMPENSATION
25 NCAC 01I .1001 COMPENSATION PLAN
25 NCAC 01I .1002 ESTABLISHMENT OF SALARY SCHEDULE
History Note: Authority G.S. 126‑4;
Eff. February 1, 1976;
Amended Eff. May 1, 1977;
Repealed Eff. August 3, 1992.
25 NCAC 01I .1003 LOCAL SALARY SCHEDULE
25 NCAC 01I .1004 APPENDIX TO LOCAL SALARY SCHEDULE
History Note: Authority G.S. 126‑4;
Eff. September 1, 1976;
Repealed Eff. July 1, 1977.
25 NCAC 01I .1005 ADMINISTRATION OF SALARY SCHEDULE
History Note: Authority G.S. 126‑4;
Eff. February 1, 1976;
Amended Eff. January 1, 1989; May 1, 1977;
Repealed Eff. August 3, 1992.
25 NCAC 01I .1006 AVAILABILITY OF FUNDS
History Note: Authority G.S. 126‑4;
Eff. February 1, 1976;
Repealed Eff. May 1, 1977.
25 NCAC 01I .1007 SALARY RATES
History Note: Authority G.S. 126‑4;
Eff. February 1, 1976;
Amended Eff. January 1, 1989; May 1, 1977;
Repealed Eff. August 3, 1992.
25 NCAC 01I .1008 SALARY REDUCTION BASED ON
PERFORMANCE
History Note: Authority G.S. 126‑4;
Eff. February 1, 1976;
Repealed Eff. May 1, 1977.
25 NCAC 01I .1009 PAY STATUS
25 NCAC 01I .1010 ADDITIONAL COMPENSATION
25 NCAC 01I .1011 OTHER PAY
History Note: Authority G.S. 126‑4; 126‑5;
126‑9;
Eff. February 1, 1976;
Amended Eff. January 1, 1989; May 1, 1977;
Repealed Eff. August 3, 1992.
25 NCAC 01I .1012 ASSIGNMENT OF CLASSES WITHIN SALARY
SCHEDULE
25 NCAC 01I .1013 PROCEDURE FOR SUBMISSION AND
APPROVAL
History Note: Authority G.S. 126‑4;
Eff. May 1, 1977;
Amended Eff. January 1, 1989;
Repealed Eff. August 3, 1992.
SECTION .1100 ‑ HOURS OF WORK AND OVERTIME PAY
25 NCAC 01I .1101 FAIR LABOR STANDARDS ACT
History Note: Authority Fair Labor Standards Act;
Eff. February 1, 1976;
Repealed Eff. October 1, 1976.
25 NCAC 01I .1102 EXEMPTIONS
History Note: Authority Fair Labor Standards Act;
Eff. February 1, 1976;
Repealed Eff. November 1, 1979.
25 NCAC 01I .1103 HOURS OF WORK AND OVERTIME
COMPENSATION
History Note: Authority G.S. 126‑4;
Eff. November 1, 1979;
Amended Eff. August 1, 1985;
Repealed Eff. August 3, 1992.
SECTION .1200 ‑ ATTENDANCE AND LEAVE
25 NCAC 01I .1201 POLICY
25 NCAC 01I .1202 HOURS OF WORK
25 NCAC 01I .1203 VACATION LEAVE
25 NCAC 01I .1204 SICK LEAVE
History Note: Authority G.S. 126‑4;
Eff. February 1, 1976;
Amended Eff. June 1, 1983; January 1, 1983; May 1, 1980;
May 1, 1979;
Repealed Eff. August 3, 1992.
25 NCAC 01I .1205 PETTY LEAVE
History Note: Authority G.S. 126‑4;
Eff. February 1, 1976;
Repealed Eff. January 1, 1983.
25 NCAC 01I .1206 MILITARY LEAVE WITH PAY
25 NCAC 01I .1207 CIVIL LEAVE
25 NCAC 01I .1208 EDUCATIONAL LEAVE
25 NCAC 01I .1209 LEAVE WITHOUT PAY
25 NCAC 01I .1210 SPECIAL LEAVE WITHOUT PAY
History Note: Authority G.S. 126‑4;
Eff. February 1, 1976;
Amended Eff. January 1, 1989; June 1, 1983; June 1, 1982;
December 1, 1980;
Repealed Eff. August 3, 1992.
SECTION .1300 ‑ DISCIPLINARY ACTION: SUSPENSION AND
DISMISSAL
25 NCAC 01I .1301 POLICY
25 NCAC 01I .1302 PERFORMANCE OF DUTIES
25 NCAC 01I .1303 PERSONAL CONDUCT
25 NCAC 01I .1304 SUSPENSION
25 NCAC 01I .1305 RIGHT OF APPEAL
25 NCAC 01I .1306 REFERENCE
History Note: Authority G.S. 126‑4; 126‑35;
126‑37;
Eff. February 1, 1976;
Amended Eff. November 1, 1977;
Repealed Eff. December 1, 1984.
25 NCAC 01I .1307 APPEALS
25 NCAC 01I .1308 CAUSES
25 NCAC 01I .1309 DISMISSAL: CAUSES RELATING TO
PERFORMANCE OF DUTIES
25 NCAC 01I .1310 DISMISSAL
25 NCAC 01I .1311 DISMISSAL: CAUSES RELATING TO
PERSONAL CONDUCT
25 NCAC 01I .1312 SUSPENSION
25 NCAC 01I .1313 DEMOTION
25 NCAC 01I .1314 SPECIAL PROVISIONS: CREDENTIALS
History Note: Authority G.S. 126‑4; 126‑35;
126‑37; 126‑38; Chapter 150B, Article 3,;
Eff. December 1, 1984;
Amended Eff. September 1, 1989; January 1, 1989; February
1, 1989; August 1, 1985;
Repealed Eff. November 1, 1990.
25 NCAC 01I .1315 LOCAL AGENCIES SUBJECT TO SAME RULES
AS STATE AGENCIES
History Note: Authority G.S. 126‑4; 126‑35;
126‑37;
Eff. November 1, 1990;
Repealed Eff. August 3, 1992.
SECTION .1400 ‑ ACTIONS BY LOCAL GOVERNING BODY
25 NCAC 01I .1401 SALARY SCHEDULE ESTABLISHMENT
History Note: Authority G.S. 126‑11; 126‑9;
Eff. February 1, 1976;
Repealed Eff. July 1, 1977.
25 NCAC 01I .1402 ESTABLISHING EQUIVALENT PERSONNEL
SYSTEM
History Note: Authority G.S. 126‑11;
Eff. February 1, 1976;
Amended Eff. December 1, 1983;
Repealed August 3, 1992.
25 NCAC 01I .1403 CERTIFICATION: PERSONNEL
ADMINISTRATION SYSTEM
History Note: Authority G.S. 126‑4; Federal
Standards for a Merit System of Personnel Administration;
Eff. August 1, 1980;
Repealed Eff. August 3, 1992.
25 NCAC 01I .1404 REQUIREMENTS FOR EQUIVALENT
PERSONNEL SYSTEM
History Note: Authority G.S. 126‑11; Federal
Standards for A Merit System of Personnel Administration;
Eff. February 1, 1981;
Amended Eff. October 1, 1983; June 1, 1983;
Repealed Eff. November 1, 1988.
25 NCAC 01I .1405 MERIT PRINCIPLE I: RECRUITMENT:
SELECTION: ADVANCEMENT
25 NCAC 01I .1406 MERIT PRINCIPLE II: CLASSIFICATION:
COMPENSATION
25 NCAC 01I .1407 MERIT PRINCIPLE III: TRAINING
25 NCAC 01I .1408 MERIT PRINCIPLE IV
25 NCAC 01I .1409 MERIT PRINCIPLE V
25 NCAC 01I .1410 MERIT PRINCIPLE VI: POLITICAL
ACTIVITY
25 NCAC 01I .1411 PROCEDURE FOR SUBMISSION
25 NCAC 01I .1412 AREAS NOT COVERED BY THE DELEGATION
AGREEMENT
25 NCAC 01I .1413 ONGOING CONDITIONS OF THE DELEGATION
AGREEMENT
History Note: Authority G.S. 126‑11; Federal
Standards for a Merit System of Personnel Administration;
Eff. October 1, 1983;
Amended Eff. January 1, 1989;
Repealed Eff. August 3, 1992.
SECTION .1500 ‑ FORMS
25 NCAC 01I .1501 FORM PD‑107
25 NCAC 01I .1502 FORM PD‑1
25 NCAC 01I .1503 FORMS PD‑100 HR AND PD‑100
CD
25 NCAC 01I .1504 FORM PD‑119 HR
25 NCAC 01I .1505 FORM PD‑3
25 NCAC 01I .1506 FORM PD‑118
25 NCAC 01I .1507 FORM PD‑102
25 NCAC 01I .1508 FORM PD‑103
History Note: Authority G.S. 126‑4;
Eff. February 1, 1976;
Amended Eff. January 1, 1989;
Repealed Eff. August 3, 1992.
SECTION .1600 ‑ PERSONNEL ADVISORY SERVICE TO LOCAL
GOVERNMENT
25 NCAC 01I .1601 PERSONNEL ADVISORY SERVICE TO LOCAL
GOVERNMENT
25 NCAC 01I .1602 DESCRIPTION OF REQUEST FOR TECHNICAL
ASSISTANCE
History Note: Authority G.S. 126‑10;
Eff. February 1, 1976;
Amended Eff. January 1, 1989; April 1, 1981;
Repealed Eff. August 3, 1992.
25 NCAC 01I .1603 CHARGES
History Note: Authority G.S. 126‑10;
Eff. August 1, 1977;
Amended Eff. April 1, 1981;
Repealed Eff. August 3, 1992.
SECTION .1700 ‑ LOCAL GOVERNMENT EMPLOYMENT POLICIES
25 NCAC 01I .1701 APPLICABILITY
State law (N.C.G.S. Chapter 126, "The State Human
Resources Act") provides for the establishment of a system of personnel
administration applicable to certain local employees paid entirely or in part
from federal funds. Local governing boards are authorized by G.S. 126 to
establish personnel systems which will fully comply with the applicable federal
standards and then may remove such employees from the state system to their own
system.
History Note: Authority G.S. 126-1; 126-11;
Eff. August 3, 1992.
25 NCAC 01I .1702 EMPLOYMENT OF RELATIVES
(a) The employment of close relatives within
the same department or work unit of a local government agency subject to G.S.
Chapter 126 is to be avoided unless significant recruitment difficulties
exist. If there are fewer than three other available eligibles for a vacancy
and it is necessary for relatives to be considered for employment or if two
individuals are already employed and marry, the following will apply:
Two members of an immediate family shall not be employed
within the same department or work unit of a local government agency subject to
G.S. Chapter 126 if such employment will result in one supervising a member of
his immediate family or where one member occupies a position which has
influence over the other's employment, promotion, salary administration and
other related management or personnel considerations.
(b) The term "immediate family"
shall be understood to refer to that degree of closeness of relationship which
would suggest that problems might be created within the work unit or that the
public's philosophy of fair play in providing equal opportunity for employment
to all qualified individuals would be violated. This would include wife,
husband, mother, father, brother, sister, son, daughter, grandmother,
grandfather, grandson, and granddaughter. Also included are the step, half and
in‑law relationships as appropriate based on the above listing.
History Note: Authority G.S. 126‑4;
Eff. August 3, 1992.
25 NCAC 01I .1703 CONFLICTING EMPLOYMENT
No employee shall hold any office or have other employment
which may conflict with his employment in an agency which is subject to the
State Human Resources Act. Determination of conflict shall be made by the
agency director.
History Note: Authority G.S. 126-4;
Eff. August 3, 1992.
25 NCAC 01I .1704 PERSONNEL RECORDS AND REPORTS
Such personnel records as are necessary for
the proper administration of a personnel service system and related programs
will be maintained. Periodic reports will be prepared as necessary to indicate compliance
with applicable state and local requirements and the federal and state
standards:
(1) Personnel Records. Each agency
shall maintain a service record for each employee including name, position
title, organization unit, all changes in status, performance evaluations and
other information considered pertinent.
(2) Payroll Records. An accurate copy
of the payroll of each local social services, public health, mental health and
civil preparedness unit shall be submitted to the agency, personnel and/or
budget offices within two weeks following each payroll period. The payroll
information shall be used in reviewing conformity by local units to establish
rules and regulations.
History Note: Authority G.S. 126‑4; 153-A-98;
Standards for a Merit System of Personnel Administration;
Eff. August 3, 1992.
SECTION .1800 ‑ GENERAL PROVISIONS
25 NCAC 01I .1801 AUTHORITY FOR CLASSIFICATION PLAN
(a) The State Human Resources Director is authorized to
allocate and reallocate individual positions consistent with the basic
established classification and pay plan.
(b) The State Human Resources Director is authorized to
modify the classification plan for local government positions subject to
Chapter 126 of the North Carolina General Statutes pending final approval of
the State Human Resources Commission and the Governor.
History Note: Authority G.S. 126-3; 126-4(1); 126-5(a);
Eff. August 3, 1992.
25 NCAC 01I .1802 POLICY ON ESTABLISHING MINIMUM
QUALIFICATION STANDARDS
(a) It shall be the policy of the state to establish job-related
minimum qualification standards wherever they are practical for each class of
work in the position classification plan. The standards will be based on the
required skills, knowledges and abilities common to each classification. The
qualification standards and job-related skills, knowledges and abilities shall
serve as guides for the selection and placement of individuals.
(b) The training and experience statements serve as
indicators of the possession of identical skills, knowledges and abilities and
as guides to primary sources of recruitment; reasonable substitutions of formal
education and job-related experience, one for the other, will be made. The State
Human Resources Commission recognizes that a specific quantity of formal
education or number of years experience does not always guarantee possession of
the identified skills, knowledges and abilities for every position in a class.
Qualifications necessary to perform successfully may be attained in a variety
of combinations. Management is responsible for determining specific
job-related qualifications that are an addition to minimum standards.
Management shall be responsible for any adverse effects resulting from the use
of selection standards that have not been established or approved by the State
Human Resources Director.
(c) The State Human Resources Director is authorized to
modify training and experience requirements for established classifications
consistent with this policy and to report such changes to the Board.
History Note: Authority G.S. 126-4;
Eff. August 3, 1992.
25 NCAC 01I .1803 CLASSIFICATION METHOD
All positions
are defined by the types and levels of work involved and evaluated based on the
application of accepted job analysis techniques and according to common job
factors and the relative importance of the presence or absence of such job
factors in the positions.
History Note: Authority G.S. 126‑4;
Eff. August 3, 1992.
25 NCAC 01I .1804 ALLOCATION OF POSITIONS TO
CLASSIFICATION PLAN
Every covered position in local government
shall be allocated to an appropriate class in the classification plan. The
allocation of a position is its assignment to a class containing all positions
which are sufficiently similar in duty assignments to justify common treatment
in selection, compensation and other employment processes. A class may consist
of a single unique position or of many like positions.
History Note: Authority G.S. 126‑4;
Eff. August 3, 1992.
25 NCAC 01I .1805 TENTATIVE
AND FLAT‑RATE PROVISIONS FOR TEMPORARY CLASSIFICATION
The State Human Resources Director is authorized to
establish temporary classifications with tentative pay grades or flat-rate
salaries when insufficient information is available to make permanent
classification and pay recommendations to the State Human Resources
Commission. When sufficient information is available, the Director will make a
recommendation to the State Human Resources Commission which will incorporate
the temporary class and pay into the permanent classification plan and pay
plan. Such temporary classes, tentative pay grades and flat-rate salaries
shall be administered according to all applicable rules and regulations
approved by the State Human Resources Commission.
History Note: Authority G.S. 126-4;
Eff. August 3, 1992.
25 NCAC 01I .1806 NEW AND ADDITIONAL PERMANENT: FULL
OR PART‑TIME POSITIONS
The duties of a budgeted position must be
defined and the position must be assigned to an official classification in the
salary plan.
History Note: Authority G.S. 126‑4;
Eff. August 3, 1992.
SECTION .1900 ‑ RECRUITMENT AND SELECTION
25 NCAC 01I .1901 RECRUITMENT
Local departments and agencies will meet their
workforce needs through systematic recruitment and career support programs
which identify, attract, select, and develop the human resources necessary for
present and future work.
History Note: Authority G.S. 126‑4;
Eff. August 3, 1992.
25 NCAC 01I .1902 POSTING AND ANNOUNCEMENT OF
VACANCIES
(a) Vacant positions to be filled will be
publicized by the agency having the vacancy to permit an open opportunity for
all interested employees and applicants to apply.
(b) Vacancies which will be filled from
within the agency workforce will be prominently posted in an area known to
employees, and will be described in an announcement which includes at minimum
the title, salary range, key duties, knowledge and skill requirements, minimum
training and experience standard, and contact person for each position to be
filled. An exception to this posting requirement will be permissible where a
formal, pre‑existing "understudy" arrangement has been
established by management.
(c) Any vacancy for which an agency wishes to
consider outside applicants or outside applicants concurrently with the
internal workforce shall be listed with the local Job Service Office of the
Employment Security Commission. Listings will include the appropriate
announcement information and vacancies so listed shall have an application
period of not less than seven work days.
(d) If an agency makes an effort to fill a
vacancy from within, and is unsuccessful, the listing with the Employment
Security Commission would take place when the decision is made to recruit
outside. A vacancy which an agency will not fill for any reason shall not be
listed; if conditions change, it shall then be treated as a new vacancy.
History Note: Authority G.S. 126‑4;
Eff. August 3, 1992.
25 NCAC 01I .1903 APPLICANT INFORMATION AND
APPLICATION
(a) The
primary source of public information and referral for vacancies in subject
local government programs is the Employment Security Commission. Interested
persons may contact their local ESC Job Service Office. Other sources may also
be designated by local departments and agencies.
(b) Persons
applying for a local vacancy must complete and submit the official application
form designated by the hiring authority and approved by the reviewing state
agency. It is not necessary for local agencies to accept official application
forms in the absence of an actual vacancy under active recruitment.
(c) Each
agency shall be responsible for evaluating the accuracy of statements made in
an application, and may seek job‑related evidence of the applicant's
suitability for employment.
(d) An
applicant may be disqualified if he:
(1) lacks
any of the preliminary qualifications established for the class of the position
being applied for;
(2) has
made a false statement of material fact in the application process;
(3) fails
to submit an application correctly or within the prescribed time limits;
(4) lacks
the physical or mental ability to perform the essential duties of the position
even with reasonable accommodation.
History Note: Authority G.S. 126‑4;
Eff. September 1, 1992.
25 NCAC 01I .1904 VETERAN'S PREFERENCE
Persons entitled to veterans' preference must
so indicate on any application filed. Verifying documentation may be required
by the agency.
History Note: Authority G.S. 126‑4;
Eff. August 3, 1992.
25 NCAC 01I .1905 SELECTION
(a) Selection of Applicants:
(1) The selection of applicants for appointment
will be based upon a relative consideration of their qualifications for the position
to be filled. Advantage will be given to applicants determined to be best
qualified and hiring authorities must reasonably document hiring decisions to
verify this advantage was granted and explain their basis for selection.
(2) Selection procedures and methods will be
validly related to the duties and responsibilities of the vacancy to be
filled. In any vacancy instance, the same selection process will be used
consistently with all the applicants. Equal employment consideration will be
afforded. Reference checking and other means of verifying applicant
qualifications may be employed as necessary. It should be recognized and
explained to persons selected that the probationary period is a required
extension of the selection process.
(b) Minimum Qualifications:
(1) The employee or applicant must possess at
least the training and experience requirements, or their minimum equivalent,
set forth in the state class specification for the class of the position to be
filled. This shall apply in new appointments, promotions, demotions, transfers,
and reinstatements.
(2) The training and experience requirements
serve as indicators of the possession of the skills, knowledges, and abilities
which have been shown through job evaluation to be important to successful
performance, and as a guide to primary sources of recruitment. It is
recognized that a specific quantity of formal education or numbers of years
experience does not always guarantee possession of the necessary skills,
knowledges, and abilities for every position. Qualifications necessary to
perform successfully may be attained in a variety of combinations. In
evaluating qualifications, reasonable substitutions of formal education and job-related
experience, one for the other, will be made upon request by the local
appointing authority to the appropriate state review agency.
(3) Management is responsible for determining
the vacancy-specific qualifications that are an addition to minimum class
standards. Such qualification requirements must bear a logical and job-related
relationship to the minimum standard. Management shall be accountable for the
adverse effects resulting from the use of qualification standards that are
unreasonably construed.
(4) The review authority for qualifications in
questionable selection situations rests first with the respective Regional
Personnel Office and Central Office of the Department of Human Resources, or in
the state Office of Crime Control and Public Safety, and finally with the
Office of State Human Resources.
History Note: Authority G.S. 126-4;
Eff. August 3, 1992.
SECTION .2000 ‑ APPOINTMENT AND SEPARATION
25 NCAC 01I .2001 APPOINTMENT
An appointment is the approved employment of an applicant or
employee to perform the duties and responsibilities of an established position
subject to the provisions of the State Human Resources Act. The selection and
appointment of persons to all subject positions shall be by the action of the
appointing authority.
History Note: Authority G.S. 126-4;
Eff. August 3, 1992.
25 NCAC 01I .2002 TYPES OF APPOINTMENTS AND DURATION
(a) Probationary Appointment: The probationary period is
an essential extension of the selection process and provides the time for
effective adjustment of the new employee or elimination of those whose
performance will not meet acceptable standards. Probationary appointments are
administered as follows:
(1) The agency shall require a probationary
period for:
(A) Individuals receiving original appointments to
permanent positions;
(B) Employees accepting a position in a different agency
in the same county or in another county that is subject to G.S. Chapter 126.
This applies to those who have already achieved career status; and
(C) Individuals being rehired following a 31 day break
in service may be required to serve a probationary period as set out in
Subparagraph (2).
(2) Individuals being rehired may be required
to serve a probationary period if:
(A) the essential duties and responsibilities of the
position into which the employee is being rehired are significantly different
from those of the position held at the time the employee left; or
(B) in the judgment of the employing agency, a new
probationary period is justified based on previous employment history and the
specific reasons for the new probationary period are communicated to the
employee in the job offer.
(3) Employees with career status who serve a
new probationary period as set out in Part (a)(1)(B) of this Rule shall be returned
to career status upon successful completion of the new probationary period;
(4) The length of the probationary period shall
not be less than three nor more than nine months of either full-time or
part-time employment. The length is dependant upon the complexity of the
position and the rapidity of progress made by the particular individual in the
position. If the desired level of performance is not achieved within nine
months after appointment, the employee shall be separated from service unless in
trainee status; an employee with a trainee appointment is expected to make a
satisfactory progress, but is not permanent until he has completed the training
period;
(5) At any time during a probationary period an
employee may be separated from service for causes related to performance of
duties or for personal conduct detrimental to the agency without right of
appeal or hearing. The employee must be given notice of dismissal, including
reasons; and
(6) Employment in a temporary appointment may
be credited toward the probationary period at the discretion of the appointing
authority. Employment in an intermittent or emergency appointment shall not be
credited toward the probationary period.
(b) Trainee Appointment: A trainee appointment may be made
to a position in any class for which the specification includes special
provisions for a trainee progression leading to a regular appointment. Trainee
appointments are administered as follows:
(1) An individual who possesses the acceptable
training and experience for the class may not be appointed as a trainee;
(2) The specification for each class in which a
trainee appointment is authorized will define the minimum qualifications for
the trainee appointment and the minimum qualifications for a regular
probationary appointment. It is expected that the individual will progress
through supervised experience to a minimum level of satisfactory performance in
the position during a period of time indicated by the difference between the
amounts of experience required for the two types of appointments. This limit
does not include time spent on educational leave or additional time required to
participate in a work-study program designed to meet educational requirements
for the class. An employee may not remain on a trainee appointment beyond the
time he meets the educational and experience requirements for the class. After
the employee has successfully completed all educational and experience
requirements he shall be given probationary or permanent status in the position
or shall be separated. If the period of the trainee appointment equals or
exceeds nine months, the employee must be given permanent status or be
separated at the completion of the trainee period;
(3) If an employee with permanent status in
another class accepts a trainee appointment, the permanent status will be
waived for the duration of the trainee appointment. The employee can regain
permanent status either through successful completion of the trainee
appointment, by reinstatement to the class in which he previously held status,
or by transfer to a position in a class for which he/she would have been
eligible based on previous permanent status; and
(4) A former employee who does not meet the
minimum requirements of the class to which he is being appointed shall be given
a trainee appointment. All requirements for the trainee appointment must be
satisfied prior to attaining permanent status.
(c) Permanent Appointment. A permanent appointment is an
appointment to a permanently established position when the incumbent is
expected to be retained on a permanent basis. Permanent appointments follow
the satisfactory completion of a probationary or trainee appointment, or may be
made upon reinstatement of a qualified employee. Permanent appointments do not
confer career status. Career status is achieved only when the conditions set
out in G.S. 126-1.1 are met. Continuous service creditable toward career
status shall be transferred when an employee accepts a position in an agency
subject to the State Human Resources Act in the same county or in another
county.
(d) Time-Limited Appointment. A time-limited appointment
may be made to:
(1) a permanent position that is vacant due to
the incumbent's leave of absence and when the replacement employee's services
will be needed for a period of one year or less; or
(2) to a permanent position that has an
established duration of no more than two years. Such appointment shall not be
made for less than six months. If at the end of the two year time-limited
appointment, the work is expected to continue and the position becomes
permanent, the employee shall be given a permanent appointment. A time-limited
appointment is distinguished from a temporary appointment by the greater length
of time, and from the regular permanent appointment by its limited duration.
(e) Temporary Appointment. A temporary appointment may be
made to a permanent or temporary position. The appointment shall be limited to
a maximum duration of 12 months.
(f) Pre-Vocational Student Appointment. This appointment
is to be used to enable students to gain practical knowledge of their
particular occupational area of interest. A suitable plan for training under
close supervision must be developed for the individual. In the case of a
co-operative, work study, internship, or similar appointment, the time schedule
for work must be determined. The basis of eligibility and selection for such
an appointment shall be outlined in a formal plan developed by the
participating agencies for each type and level of student involvement. Upon
successful completion of their training, individuals may be considered for any
vacant position for which qualified.
(g) Emergency Appointment: An emergency appointment may be
made when an emergency situation exists requiring the services of an employee
before it is possible to identify a qualified applicant through the regular
selection process. Emergency appointments are administered as follows:
(1) When it is determined that an emergency
appointment is necessary, all other requirements for appointments will be
waived;
(2) An emergency appointment may be made for a
period of up to 60 work days (consecutive or non-consecutive), or a total of
480 hours; and in pay status.
(3) Any one individual may not receive
successive emergency appointments with the same department or agency. At least
three calendar months must elapse after the conclusion of the emergency
appointment before that department or agency can give the same individual
another emergency appointment.
(h) Appointment of Incumbents in Newly-Covered Programs:
(1) Upon extension of State Human Resources Act
requirements to a program, position, or group of positions, the incumbent(s)
may be appointed with permanent status in his classifications under any of the
following circumstances:
(A) The employee is qualified for reinstatement on the
basis of previous permanent status in a comparable position; or
(B) The employee has at least three months of
satisfactory service in the program or agency, as certified by the appointing
authority, and the appointing authority recommends that the employee be granted
permanent status;
(2) If the agency fails to grant permanent
status within nine months from the initial coverage then the incumbent must be
terminated. Employees given trainee appointments will be given permanent
status consistent with other trainee appointments; and
(3) Incumbents who have less than three months
of service with the agency shall be continued with no status until they are
granted permanent status or terminated as required in this Rule. Employees
with more than three months but less than nine months services in the agency
may be continued without status until nine months have elapsed. At the end of
nine months, however, the incumbent must be granted permanent status or
terminated.
(i) Work-Against Appointment. When qualified applicants
are unavailable and there is no trainee provision for the classification of the
vacancy, the appointing authority may appoint an employee below the level of
the regular classification in a work-against situation. A work-against
appointment is for the purpose of allowing the employee to gain the
qualifications needed for the full class through on-the-job experience. The
appointee must meet the minimum training and experience standard of the class
to which initially appointed. A work-against appointment may not be made when
applicants are available who meet the training and experience requirements for
the full class, and for the position in question.
History Note: Authority G.S. 126-4.
Eff. August 3, 1992;
Amended Eff. May 1, 2009.
25 NCAC 01I .2003 PROMOTION
(a) A promotion is a change to a
classification at a higher level. This may result from movement to another
position or by the present position being reallocated to a higher
classification as a result of increases in the level of duties and
responsibilities.
(b) When it is feasible, a vacancy should be
filled by promotion of a qualified permanent employee. Selection should be
based upon demonstrated capacity, and quality of services. If promotion
results from movement to another position, the candidate must possess the
minimum training and experience for the class. If the promotion results from
the present position being reallocated to a higher classification, the employee
may be promoted by waiver of the stated training and experience requirements if
he has satisfactorily performed for a minimum of three months prior to the
reallocation.
(c) An employee in a work‑against
appointment cannot be promoted, upon reallocation of his position, by waiver of
training and experience requirements until he has served at least one year in
the work‑against class or until qualified for the new class. The
incumbent in a work‑against situation must be promoted as soon as he
meets the qualifications for the higher class or the position must be
reallocated to the lower class.
(d) An employee in probationary or trainee
status may be promoted to another position in a higher classification if the
person is qualified for such an appointment. The employee's probationary
period will continue until performance meets the required standard, as
certified by the appointing authority, except that in no case shall the
duration be longer than nine months after initial probationary appointment
(unless the person is in trainee status).
(e) An employee in probationary status
occupying a position at the time it is reallocated upward may be promoted to
the new class if the person possesses the minimum training and experience
requirements; if not qualified the employee shall remain at the former level
working against the higher classification or be separated. If promoted during
the probationary period, the employee will continue in probationary status
until performance meets the required standard, but in no case shall the
duration be longer than nine months after initial probationary appointment
(unless the person is in trainee status).
History Note: Authority G.S. 126‑4;
Eff. August 3, 1992.
25 NCAC 01I .2004 DEMOTION OR REASSIGNMENT
Demotion or reassignment is a change in status
resulting from assignment of a position to a lower classification level. It
may result from the choice of the employee, reallocation of a position,
inefficiency in performance, unacceptable conduct, reduction‑in‑force,
or better utilization of individual resources. If the change results from
inefficiency in performance or as a disciplinary action, the action is
considered a demotion. If the change results from a mutually agreed upon
arrangement, the action is considered a reassignment. When an employee in
permanent, probationary or trainee status is demoted, it is expected that he
will possess the minimum qualifications required for the new class at the
respective level of appointment.
History Note: Authority G.S. 126‑4;
Eff. August 3, 1992.
25 ncac 01I .2005 SEPARATION
Separation occurs when an employee leaves the payroll for
reasons indicated in this Rule or because of death. Employees who have acquired
permanent status are not subject to involuntary separation or suspension except
for cause or reduction-in-force. The following are types of separation:
(1) Resignation or Retirement. An employee may
terminate his services with the agency by submitting a resignation or request
for retirement to the appointing authority at least two weeks prior to his last
day of work;
(2) Dismissal. Dismissal is involuntary separation for
cause, and shall be made in accordance with the provisions of 25 NCAC 01I.2300
Disciplinary Action: Suspension, Dismissal and Appeals;
(3) Reduction-in-Force. For reasons of curtailment of
work, reorganization, or lack of funds the appointing authority may separate
employees. Retention of employees in classes affected shall be based on
systematic consideration of type of appointment, length of service, and
relative efficiency. No permanent employee shall be separated while there are
emergency, intermittent, temporary, probationary, or trainee employees in their
first six months of the trainee progression serving in the same or related
class, unless the permanent employee is not willing to transfer to the position
held by the non-permanent employee, or the permanent employee does not have the
knowledge and skills required to perform the work of the alternate position
within a reasonable period of orientation and training given any new employee.
A permanent employee who was separated by reduction-in-force may be reinstated
at any time in the future that suitable employment becomes available. The
employer may choose to offer employment with a probationary appointment. The
employee must meet the current minimum education and experience standard for
the class to which he is being appointed;
(4) Voluntary Resignation Without Notice. An employee
who is absent from work and does not contact the employer for three consecutive
workdays may be separated from employment as a voluntary resignation. Such
separations create no right of grievance or appeal pursuant to the State Human
Resources Act (G.S. Chapter 126). A factor to be considered when determining
whether the employee should be deemed to have voluntarily resigned is the
employee's culpability in failing to contact his or her employer; and
(5) Separation Due to Unavailability When Leave is
Exhausted. An employee may be separated on the basis of unavailability when
the employee becomes or remains unavailable for work after all applicable leave
credits and benefits have been exhausted and agency management does not grant a
leave without pay. Prior to separation the employing agency shall notify the
employee in writing of the proposed separation, the efforts undertaken to avoid
separation and why the efforts were unsuccessful. The employing agency must
also give the employee a letter of separation stating the specific reasons for
the separation and setting forth the employee's right of appeal. Such a
separation is an involuntary separation, and not a disciplinary dismissal as
described in G.S. 126-35, and may be grieved or appealed. The burden of proof
on the agency in the event of a grievance is not just cause as that term exists
in G.S. 126-35. Rather, the agency's burden is to prove that the employee was
unavailable, that reasonable efforts were undertaken to avoid separation, and
the reason the efforts were unsuccessful.
(6) Definitions:
(a) Unavailability is defined as the employee's
inability to return to all of the position's essential duties and work schedule
due to a medical condition or the vagueness of a medical prognosis; or the
employee and the agency cannot reach agreement on a return to work arrangement
that meets both the needs of the agency and the employee's medical condition;
and
(b) Applicable leave credits is defined as the
sick, vacation and bonus leave the employee chose to exhaust prior to going on
leave without pay.
History Note: Authority G.S. 126-4;
Eff. August 3, 1992;
Amended Eff. January 1, 2007; September 1, 2004; December
1, 1994.
SECTION .2100 ‑ COMPENSATION
25 NCAC 01I .2101 COMPENSATION PLAN
(a) The compensation plan shall include a schedule of
salary ranges and rules for salary administration. Within basic policies and
rules established by the State Human Resources Commission, local jurisdictions
may establish and administer compensation plans which provide a level of pay
based upon financial ability, fiscal policy, and local prevailing rates.
(b) A compensation plan shall be maintained which provides
a salary rate structure or structures adequate to appropriately compensate all
positions subject to the State Human Resources Act. This structure may be
revised in composition, or the total structure moved upward or downward, in
response to labor market trends and to legislative actions affecting salaries;
such action is dependent on the availability of funds.
History Note: Authority G.S. 126-4;
Eff. August 3, 1992.
25 NCAC 01I .2102 ESTABLISHMENT OF SALARY SCHEDULE
(a) Local jurisdictions shall establish and administer
salary schedules which meet basic approval requirements of the State Human Resources
Commission as follows:
(1) The schedule must consist of series of
salary ranges with minimum, maximum, and intermediate rates of pay.
(2) There must be a vertical increase between
consecutive salary ranges within the schedule.
(b) The State Human Resources Director shall make available
salary schedule models which meet these basic criteria and make available staff
resources to advise and consult with local jurisdictions in the development of
acceptable schedules. Boards of county commissioners or municipal governing
boards may adopt and use a model or, as an alternative, may submit a modified
schedule for review and approval by the State Human Resources Commission.
Schedules may be modified in order to provide a structure deemed more suitable
to local fiscal policy and financial ability so long as the other basic
requirements are met. Modified schedules shall be accompanied by data and
statements of explanation supporting the need for the modification because of
local financial ability and fiscal policy.
(c) Proposed local salary schedules shall be designated or
submitted to the State Human Resources Director by the beginning date of each
fiscal year, and at the time of significant change during interim periods. In
submitting, the following requirements shall prevail:
(1) For the programs of a single county, the
board of county commissioners shall establish and submit a proposed salary
schedule.
(2) When a municipality is performing a subject
activity, the governing board of the municipality shall establish and submit
the proposed schedule.
(3) When two or more counties are combined into
a district or area for the performance of an activity, the boards of county
commissioners of the counties must jointly establish and submit a proposed
schedule; the district or area schedule is established independently of the
salary schedule for any of the individual counties.
(d) An approved salary schedule must be in effect within a
jurisdiction at all times. The approved schedule shall be applicable to both
existing classes and to classes which may be established during its effective
period.
History Note: Authority G.S. 126-4;
Eff. August 3, 1992.
25 NCAC 01I .2103 SALARY RATES
(a) New Appointments. The entrance salary
rate for an employee shall be at the minimum of the range or at a salary rate
within the salary range assigned to the class unless an employee is hired in a
trainee appointment. Discretion should be exercised by boards of county
commissioners or their designees on new appointments salaries above the minimum
of the range to avoid creating salary inequities within the jurisdiction.
(b) Promotion. When a promotion occurs, the
employee's salary shall be increased, if it is below the new minimum, to at
least the minimum rate of the salary range assigned to the class to which the
employee is promoted. If an employee's current salary is already above the new
minimum salary rate, his salary may be adjusted upward or left unchanged at the
discretion of local management, provided that the adjusted salary does not
exceed the maximum of the assigned salary range. If the salary falls between
steps in the salary range, it may be adjusted to the next higher step in the
range.
(c) Demotion. When an employee's current
salary falls above the maximum of the range for the lower class, his salary may
remain the same until general schedule adjustments or range revisions bring it
back within the lower range or may the salary be reduced to any step in the
lower salary range, as long as the reduced salary does not fall below the
minimum salary rate of that range. If the employee's current salary falls
between steps in the lower range, it may be reduced to the next lower step.
(d) Salary Adjustments; Salary Plan
Revisions. When the salary rates in the salary plan are changed or a class is
moved to a higher or lower salary grade, the following adjustments shall be
made in incumbents' salary rates:
(1) When it is an upward
revision and the employee's current salary is less than the minimum salary rate
of the salary range for the classification, the employee's salary shall be
adjusted to at least the minimum of the range. If the employee's salary is already
at or above the new minimum of the range, management may elect to increase the
salary to another step within the range. An employee's salary may not,
however, exceed the maximum of the range.
(2) If there is a downward
revision, management may elect to reduce each employee's salary rate by a
corresponding amount or allow the salary rates to remain the same.
(e) Trainee Adjustments. During a trainee
appointment an evaluation of the individual's performance and progress on the
job is to be made at frequent intervals. As a general guide, salary increases
are provided at specified intervals. These increases are not automatic, and
are not necessarily limited to the full elapse of specified intervals. Salary
adjustments may be either advanced or delayed depending upon the progress of
the employee. In cases where salary adjustments have been advanced, the
trainee's salary will not be adjusted to the minimum of the range for the
regular classification until the employee meets all education and experience requirements
for the appointment. Adjustments are to be given upon recommendations by the
appointing authority and the supervisor that the employee has earned an
increase. When the employee with a trainee appointment has successfully
completed the training and experience requirements for the classification, he
must be given a regular appointment to that classification and his salary
increased at least to the minimum of the salary range.
(f) An employee's salary cannot be raised by
merit increases to exceed the maximum salary rate of the salary range
assignment to his class.
History Note: Authority G.S. 126‑4;
Eff. August 3, 1992.
25 NCAC 01I .2104 PAY STATUS
An employee is in pay status when working,
when exhausting vacation or sick leave, or when drawing worker's compensation
for a period not to exceed 12 months. An employee is not in pay status after
his last day of work when separated because of resignation, dismissal, death,
retirement or reduction in force.
History Note: Authority G.S. 126‑4;
Eff. August 3, 1992.
25 NCAC 01I .2105 OTHER PAY
(a) For those cities or counties in which all
employees are covered by a plan for a form of pay, in addition to base salary,
for services performed, the coverage may be approved for agencies subject to
these policies. The local authorities shall submit the plan to the State
Regional Personnel Office through their Department of Human Resources Office or
State Office of Crime Control and Public Safety, and certify that it is
computed on a consistent basis for all employees.
(b) Where there are two or more local
jurisdictions comprising a single departmental unit, the jurisdictions shall
operate as one unit in establishing any special pay forms; the action shall be
independent of provisions for other employees of either jurisdiction.
History Note: Authority G.S. 126‑4; 126-5; 126-9;
Eff. August 3, 1992.
25 NCAC 01I .2106 ASSIGNMENT OF CLASSES WITHIN SALARY
SCHEDULE
(a) Within an approved salary schedule, local jurisdictions
may determine salary range assignments for competitive service classes. The
following basic requirements shall be adhered to in making salary range
assignments:
(1) The use of appropriate class relationships
based upon differences in the difficulty and responsibility of the work. In
this regard, the relative difference between and among classes in a class
series, and between significantly related classes within an occupational
grouping, must be maintained as reflected by the official classification plan.
Exception requests may occasionally arise as a matter of local fiscal policy.
Such requests, accompanied by supporting data and staff recommendation, will be
presented to the State Human Resources Commission for approval;
(2) Each class will retain the same salary
range assignment in its use in all subject programs of the jurisdiction;
(3) The current salary of each employee, except
under specific circumstances included in the approved rules for salary
administration, must fall between the minimum and maximum steps of the salary
range of the class to which his position is assigned;
(4) A final factor to be used in making salary
range assignments is consideration of the local financial ability and fiscal
policy.
(b) It is not the intent of these provisions that the
individual salaries of competent employees be threatened.
(c) The State Human Resources Director shall provide
information and guidance on questions of class relationships, labor market
influence, fiscal policy considerations, and other matters pertinent to the
determination of equitable and competitive salary range assignment.
(d) Salary Plan for Employees of the Area Authority. The
area mental health program authority shall establish a salary plan which shall
set the salaries for employees of the area authority. The salary plan shall be
in compliance with Chapter 126 of the General Statutes. In a multi-county area
mental health program, the salary plan shall not exceed the highest paying
salary plan of any member county. In a single county area, the salary plan
shall not exceed the county's salary plan. The salary plan limitations set
forth in this Section may be exceeded only if the area authority and board or
boards of county commissioners, as the case may be, jointly agree to exceed
these limitations.
History Note: Authority G.S. 126-4;
Eff. August 3, 1992.
25 NCAC 01I .2107 PROCEDURES FOR SUBMISSION AND
APPROVAL
(a) By the beginning date of each fiscal year and at times
of any change during interim periods, a designated or modified salary schedule,
and a list of salary range assignments to classes will be submitted to the State
Human Resources Director. The State Human Resources Director shall review the
proposed schedule and salary range assignments, determine that approval
requirements have been met and certify jurisdictions meeting these requirements
to the State Human Resources Commission. The State Human Resources Commission
will then review and either grant or withhold approval of the proposed plan in
each case. In cases where opposition to a proposed plan is unresolved locally,
the State Human Resources Commission will hear the opposing arguments in public
session prior to making a final decision.
(b) An approved salary schedule and salary range assignment
plan must be in effect within a jurisdiction at all times.
History Note: Authority G.S. 126-4; 122C-156(a);
Eff. August 3, 1992.
25 NCAC 01I .2108 Compensation of Area Mental Health
Directors
(a) The salary of an Area Mental Health Director shall be
established by the area board of the Local Management Entity and shall be
within the salary range recommended for Area Mental Health Directors by the
Office of State Human Resources and approved by the State Human Resources
Commission.
(b) Each director's salary shall be based upon labor market
data from counties within the Local Management Entity. The salary may not be
less than the minimum of the range, nor more than the maximum of the range established
for Area Mental Health Directors under this Rule.
(c) Area boards may request an adjustment to the salary
range for Area Mental Health Directors from the State Human Resources
Commission in accordance with G.S. 122C-121(a1).
History Note: Authority G.S. 126-4; 122C-156(a);
Eff. May 1, 2008.
SECTION .2200 ‑ HOURS OF WORK AND OVERTIME COMPENSATION
25 NCAC 01I .2201 HOURS OF WORK AND OVERTIME
COMPENSATION
The state policy on "hours of work and
overtime compensation" as outlined in 25 NCAC 1D .1900 is intended to
provide guidance in complying with federal regulations; however, each county,
district, or area jurisdiction is responsible for compliance directly to the
U.S. Department of Labor.
History Note: Authority G.S. 126‑4;
Eff. August 3, 1992.
SECTION .2300 ‑ DISCIPLINARY ACTION: SUSPENSION,
DISMISSAL AND APPEALS
25 NCAC 01I .2301 JUST CAUSE FOR DISCIPLINARY ACTION
(a) Any employee, regardless of occupation, position, or
profession may be warned, demoted, suspended or dismissed by the appointing
authority. Such actions may be taken against employees with career status as
defined in G.S. 126-1.1 only for just cause. The degree and type of action
taken shall be based upon the judgment of the appointing authority in
accordance with the provisions of this Rule. When just cause exists the only
disciplinary actions provided for under this Section are:
(1) Written warning;
(2) Disciplinary suspension without pay;
(3) Demotion; and
(4) Dismissal.
(b) At any time during the period prior to achieving career
status, including during the probationary period, an employee may be separated
from service for causes related to performance of duties or for personal
conduct detrimental to the agency without right of appeal or hearing. The
employee must be given notice of dismissal, including reasons. Such notice may
be, but is not required to be, in writing.
(c) There are two bases for the discipline or dismissal of
employees under the statutory standard of "just cause" as set out in
G.S. 126‑35. These two bases are:
(1) Discipline or dismissal imposed on the
basis of unsatisfactory job performance, including grossly inefficient job
performance.
(2) Discipline or dismissal imposed on the
basis of unacceptable personal conduct.
(d) Either unsatisfactory or grossly inefficient job
performance or unacceptable personal conduct, as defined in 25 NCAC 01I
.2302(a); .2303(a); and .2304(b), constitutes just cause for discipline or
dismissal. The categories are not mutually exclusive, as certain actions by
employees may fall into both categories, depending upon the facts of each
case. No disciplinary action shall be invalid solely because the
disciplinary action is labeled incorrectly.
(e) The imposition of any disciplinary action shall comply
with the procedural requirements of this Section.
History Note: Authority G.S. 126-4; 126‑35;
Eff. August 3, 1992;
Amended Eff. June 1, 2008; December 1, 1995; August 2,
1993.
25 Ncac 01i .2302 DISMISSAL FOR UNSATISFACTORY
PERFORMANCE OF DUTIES
(a) Unsatisfactory Job Performance is work related
performance that fails to satisfactorily meet job requirements as specified in
the relevant job description, work plan or as directed by the management of the
work unit or agency.
(b) The intent of this Section is to assist and promote
improved employee performance, rather than to punish. This Rule covers all
types of performance-related inadequacies. This Section does not require that
successive disciplinary actions all concern the same type of unsatisfactory
performance. Disciplinary actions related to personal conduct may be included
in the successive system for performance-related dismissal provided that the
employee receives at least the number of disciplinary actions, regardless of
the basis of the disciplinary actions, required for dismissal on the basis of
inadequate performance. Disciplinary actions administered under this Section
are intended to bring about a permanent improvement in job performance. Should
the required improvement later deteriorate, or other inadequacies occur, the
supervisor may deal with this new unsatisfactory performance with further
disciplinary action.
(c) In order to be dismissed for a current incident of
unsatisfactory job performance, an employee must first receive at least two
prior disciplinary actions: First, one or more written warnings, followed by a
warning or other disciplinary action which notifies the employee that failure
to make the required performance improvements may result in dismissal.
(d) Prior to the decision to dismiss an employee, the
agency director or designated management representative must conduct a
pre-dismissal conference with the employee in accordance with the procedural
requirements of the Section.
(e) An employee who is dismissed must receive written
notice of the specific reasons for the dismissal as well as notice of any
applicable appeal rights.
(f) Failure to give specific written reasons for the
dismissal, failure to give written notice of applicable appeal rights, or
failure to conduct a pre-dismissal conference constitute procedural violations
with remedies as provided for in 25 NCAC 01B .0432. Time limits for filing a
grievance do not start until the employee receives written notice of any
applicable appeal rights.
History Note: Authority G.S. 126-4; 126-35;
Eff. August 3, 1992;
Amended Eff. April 1, 2001; December 1, 1995.
25 ncac 01i .2303 DISMISSAL FOR GROSSLY INEFFICIENT
JOB PERFORMANCE
(a) Gross Inefficiency (Grossly Inefficient Job
Performance) occurs in instances in which the employee fails to satisfactorily
perform job requirements as specified in the job description, work plan, or as
directed by the management of the work unit or agency and that failure results
in:
(1) the creation of the potential for death or
serious harm to a client(s), an employee(s), members of the public or to a
person(s) over whom the employee has responsibility; or
(2) the loss of or damage to agency property or
funds that result in a serious impact on the agency or work unit.
(b) Dismissal on the basis of grossly inefficient job
performance is administered in the same manner as for unacceptable personal
conduct. Employees may be dismissed on the basis of a current incident of
grossly inefficient job performance without any prior disciplinary action.
(c) Prior to dismissal of an employee with permanent status
on the basis of grossly inefficient job performance, there shall be a
pre-dismissal conference between the employee and the agency director or
designated management representative. This conference shall be held in
accordance with the provisions of 25 NCAC 01I .2308.
(d) Dismissal for grossly inefficient job performance
requires written notification to the employee. Such notification must include
specific reasons for the dismissal and notice of the employee's right of
appeal.
(e) Failure to give specific written reasons for the
dismissal, failure to give written notice of applicable appeal rights, or
failure to conduct a pre-dismissal conference constitute procedural violations
with remedies as provided for in 25 NCAC 01B .0432. Time limits for filing a
grievance do not start until the employee receives written notice of any
applicable appeal rights.
History Note: Authority G.S. 126-4(7a);
Eff. August 3, 1992;
Amended Eff. April 1, 2001; December 1, 1995.
25 ncac 01i .2304 DISMISSAL FOR PERSONAL CONDUCT
(a) Employees may be dismissed for a current incident of
unacceptable personal conduct.
(b) Unacceptable personal conduct is:
(1) conduct for which no reasonable person
should expect to receive prior warning; or
(2) job related conduct which constitutes
violation of state or federal law; or
(3) conviction of a felony or an offense
involving moral turpitude that is detrimental to or impacts the employee's
service to the agency; or
(4) the willful violation of known or written
work rules; or
(5) conduct unbecoming an employee that is
detrimental to the agency's service; or
(6) the abuse of client(s), patient(s),
student(s) or a person(s) over whom the employee has charge or to whom the
employee has a responsibility, or of an animal owned or in the custody of the
agency; or
(7) falsification of an employment application
or other employment documentation; or
(8) insubordination which is the willful
failure or refusal to carry out a reasonable order from an authorized
supervisor. Insubordination is considered unacceptable personal conduct for
which any level of discipline, including dismissal, may be imposed without
prior warning; or
(9) absence from work after all authorized
leave credits and benefits have been exhausted.
(b) Prior to dismissal of an employee with permanent status
on the basis of unacceptable personal conduct, there shall be a pre-dismissal
conference between the employee and the agency director or designated
management representative. This conference shall be held in accordance with
the provisions of 25 NCAC 01I .2308.
(d) Dismissals for unacceptable job performance require
written notification to the employee. Such notification must include specific
reasons for the dismissal and notice of the employee's right of appeal.
(e) Failure to give specific written reasons for the
dismissal, failure to give written notice of applicable appeal rights, or
failure to conduct a pre-dismissal conference constitute procedural violations
with remedies as provided for in 25 NCAC 01B .0432. Time limits for filing a
grievance do not start until the employee receives written notice of any
applicable appeal rights.
History Note: Authority G.S. 126-4; 126-34;
Eff. August 3, 1992;
Amended Eff. April 1, 2001; December 1, 1995.
25 NCAC 01I .2305 WRITTEN WARNING
(a) The supervisor shall monitor and promote
the satisfactory performance of work assignments and acceptable standards of
personal conduct. All types of performance‑related job inadequacies may
constitute unsatisfactory job performance under this Section. Unacceptable
personal conduct may be work‑related or non‑work‑related
conduct and may be intentional or unintentional. When the supervisor
determines that disciplinary action is appropriate for unsatisfactory job performance,
a written warning is the first type of disciplinary action that an employee
must receive. The supervisor may elect to issue a written warning for grossly
inefficient job performance or unacceptable personal conduct. The written
warning must:
(1) Inform the employee that
this is a written warning, and not some other non‑disciplinary process
such as counseling;
(2) Inform the employee of the
specific issues that are the basis for the warning;
(3) Tell the employee what
specific improvements, if applicable, must be made to address these specific
issues;
(4) Tell the employee the time
frame allowed for making the required improvements/corrections. Absent a
specified time frame, 60 days is the time frame allowed for correcting
unsatisfactory job performance. Immediate correction is required for grossly
inefficient job performance or unacceptable personal conduct;
(5) Tell the employee the
consequences of failing to make the required improvements/corrections.
(b) A written warning must be issued in accordance
with the procedural requirements of this Section, including any applicable
appeal rights.
History Note: Authority G.S. 126‑4;
Eff. August 3, 1992;
Amended Eff. December 1, 1995.
25 ncac 01i .2306 DISCIPLINARY SUSPENSION WITHOUT PAY
(a) An employee may be suspended without pay for
disciplinary purposes for unsatisfactory job performance after the receipt of
at least one prior disciplinary action or for causes relating to any form of
unacceptable personal conduct or grossly inefficient job performance. A
disciplinary suspension without pay for an employee who is subject to the
overtime compensation provisions of the Fair Labor Standards Act (FLSA) must be
for at least one full day, but not more than two full work weeks. Prior to
placing any employee on disciplinary suspension without pay the agency director
or designated management representative shall conduct a pre-suspension
conference with the employee in accordance with the procedural requirements of
this Section. An employee who has been suspended without pay must be furnished
a statement in writing setting forth the specific acts or omissions that are
the reasons for the suspension and the employee's appeal rights.
(b) An agency may impose the same periods of disciplinary
suspension without pay for all employees as long as the period is the same as
for employees exempt from the overtime provisions of the FLSA as set forth in
this Section.
History Note: Authority G.S. 126-4(6); 126-35;
Eff. August 3, 1992;
Amended Eff. April 1, 2001; December 1, 1995.
25 ncac 01i .2307 DEMOTION
(a) Any employee may be demoted as a disciplinary measure.
Demotion may be made on the basis of either unsatisfactory or grossly
inefficient job performance or unacceptable personal conduct.
(b) Unsatisfactory Job Performance. An employee may be
demoted for unsatisfactory job performance after the employee has received at
least one prior disciplinary action.
(c) Grossly Inefficient Job Performance. An employee may
be demoted for grossly inefficient job performance without any prior
disciplinary action.
(d) Personal Conduct. An employee may be demoted for
unacceptable personal conduct without any prior disciplinary action.
(e) An employee who is demoted must receive written notice
of the specific reasons for the demotion, as well as notice of any applicable
appeal rights.
(f) Disciplinary demotions may be accomplished in three
ways:
(1) The employee may be demoted to a lower pay
grade with a reduction in salary rate as long as the new salary rate does not
exceed the maximum of the salary range for the new lower pay grade;
(2) The employee may be demoted to a lower pay
grade without a reduction in salary rate as long as the new salary rate does
not exceed the maximum of the salary range for the new lower pay grade; or
(3) The employee may be demoted while retaining
the same pay grade with a reduction in salary rate. In no event shall an
employee's salary rate be reduced to less than the minimum salary rate for the
applicable pay grade or the special entry rate, if in effect.
(g) Prior to the decision to demote an employee for
disciplinary reasons, the agency director or designated management
representative must conduct a pre-demotion conference with the employee in
accordance with the procedural requirements of this Section.
History Note: Authority G.S. 126-4;
Eff. August 3, 1992;
Amended Eff. April 1, 2001; December 1, 1995.
25 ncac 01i .2308 PROCEDURAL REQUIREMENTS
The following procedural requirements must be followed to
issue disciplinary action under this Section:
(1) WRITTEN WARNING-to issue a written warning to an
employee a supervisor must issue the employee a written warning, detailing the
matters referenced in 25 NCAC 01I .2305, and including any applicable appeal
rights.
(2) DISCIPLINARY SUSPENSION WITHOUT PAY-to place an
employee on disciplinary suspension without pay, the agency director or
designated management representative must comply with the following procedural
requirements:
(a) In matters of unsatisfactory job
performance, insure that the employee has received at least one prior
disciplinary action. In matters of grossly inefficient job performance or
unacceptable personal conduct no prior disciplinary actions are required so an
employee may be suspended without pay for a current incident of grossly
inefficient job performance or unacceptable personal conduct;
(b) Schedule and conduct a pre-suspension conference.
Advance oral or written notice of the disciplinary conference must be given to
the employee of the time, location, and the issue for which discipline has been
recommended. The amount of advance notice shall be as much as is practical
under the circumstances;
(c) Furnish the employee a statement in writing
setting forth the specific acts or omissions that are the reasons for the
suspension;
(d) Advise the employee of any applicable appeal
rights in the document affecting the suspension.
(3) DEMOTION – to demote an employee the agency
director or designated management representative must comply with the following
procedural requirements:
(a) In matters of unsatisfactory job
performance, insure that the employee has received at least one prior disciplinary
action;
(b) In matters of grossly inefficient job
performance or unacceptable personal conduct, there is no requirement for
previous disciplinary action, so an employee may be demoted for a current
incident of grossly inefficient job performance or unacceptable personal
conduct without any prior disciplinary action;
(c) Give an advance oral or written notice of
the pre-disciplinary conference to the employee of the time, location, and the
issue for which discipline has been recommended. The amount of advance notice
shall be as much as is practical under the circumstances;
(d) Give an employee who is demoted written
notice of the specific acts or omissions that are the reasons for the demotion;
(e) Advise the employee of how and to what
extent the demotion will affect the employee’s salary rate or pay grade; and
(f) Advise the employee of any applicable
appeal rights in the document affecting the demotion.
(4) DISMISSAL-Before an employee may be dismissed, an
agency must comply with the following procedural requirements:
(a) The supervisor recommending dismissal shall
discuss the recommendation with the agency director or designated management
representative who shall conduct a pre-dismissal conference with the employee.
The person conducting the pre-dismissal conference must have the authority to
decide what, if any, disciplinary action shall be imposed on the employee.
(b) The supervisor or designated management
representative shall schedule a pre-dismissal conference with the employee.
(c) Give an advance oral or written notice of
the pre-disciplinary conference to the employee of the time, location, and the
issue for which discipline has been recommended. The amount of advance notice
shall be as much as is practical under the circumstances.
(d) The agency director or designated management
representative shall conduct a pre-dismissal conference with the employee,
limiting attendance to the employee and the person conducting the conference; a
second management representative may be present at management’s discretion.
The purpose of the pre-dismissal conference is to review the recommendation for
dismissal with the affected employee and to listen to and to consider any
information put forth by the employee, in order to insure that a dismissal
decision is sound and not based on misinformation or mistake. Security
personnel may be present when, in the discretion of the person conducting the
conference, a need for security exists. No attorney representing either side
may attend the conference.
(e) In the conference, management shall give the
employee oral or written notice of the recommendation for dismissal, including
specific reasons for the proposed dismissal and a summary of the information
supporting that recommendation. The employee shall have an opportunity to
respond to the proposed dismissal action and to offer information or arguments
in support of the employee's position. Every effort shall be made by
management to assure that the employee has a full opportunity during the
conference to set forth any available information in opposition to the
recommendation to dismiss prior to the end of the conference. This opportunity
does not include the option to present witnesses.
(f) Following the conference, management shall
review and consider the response of the employee and reach a decision on the
proposed recommendation. If management’s decision is to dismiss the employee,
a written letter of dismissal containing the specific reasons for dismissal,
the effective date of the dismissal and the employee's appeal rights shall be
issued to the employee in person or by certified mail, return receipt
requested, to the last known address of the employee. To minimize the risk of
dismissal upon erroneous information, and to allow time following the
conference for management to review all necessary information, the decision to
dismiss shall not be communicated to the employee in accordance with the
Sub-item, prior to the beginning of the next business day following the
conclusion of the pre-dismissal conference or after the end of the second
business day following the completion of the pre-dismissal conference.
(g) The effective date of a dismissal for
unsatisfactory job performance shall be determined by management. An employee
with permanent status who is dismissed for unsatisfactory job performance may,
at management’s discretion, be given up to two weeks working notice of his
dismissal. Instead of providing up to two weeks working notice and at the
discretion of management an employee may be given up to two weeks pay in lieu
of working notice. Such working notice or pay in lieu of notice is applicable
only to dismissal for unsatisfactory job performance. The effective date of
the dismissal shall not be earlier than the letter of dismissal nor more than
14 calendar days after the notice of dismissal.
History Note: Authority G.S. 126-35; 126-36; 126-38;
150B, Article 3; 150B-23;
Eff. August 3, 1992;
Amended Eff. April 1, 2001; December 1, 1995.
25 NCAC 01I .2309 SPECIAL PROVISIONS
(a) GRANDFATHER PROVISIONS ‑ The following
Grandfather provisions establish the force and effect of disciplinary actions
in existence on December 1, 1995.
(1) Oral warnings ‑ any oral warning
existing on December 1, 1995 is deemed void and has no further force or effect
upon the disciplinary status of any employee.
(2) All other disciplinary actions existing on
December 1, 1995 shall remain in full force and effect as if the warnings or
other disciplinary actions had been imposed under this Section. No written
warning or other disciplinary action imposed prior to December 1, 1995 shall be
deemed inactive by operation of the provisions of this Section until more than
18 months after December 1, 1995 or until the disciplinary action is deemed
inactive in accordance with 25 NCAC 1I .2309(b), whichever occurs first.
(3) Extension of Disciplinary Actions ‑
any written warning or disciplinary action imposed prior to December 1, 1995
may be extended in accordance with the provision of this Section as if the
warning or disciplinary action had been imposed after December 1, 1995. No
unresolved written warning or disciplinary action issued prior to December 1,
1995 shall become inactive if within 18 months of December 1, 1995, another
disciplinary action or warning is imposed on the employee. Notice of the
extension of the active status of a disciplinary action may be given at any
time within 18 months of the effective date of the disciplinary action.
(4) Resolution of disciplinary actions under
prior agency ‑ any warning or disciplinary action existing on December 1,
1995 shall be deemed inactive if it would have been resolved under the agency
procedure existing prior to December 1, 1995.
(b) INACTIVE DISCIPLINARY ACTION ‑ Any disciplinary
action issued after December 1, 1995, is deemed inactive for the purpose of
this Section in the event that:
(1) the manager or supervisor notes in the
employee's personnel file that the reason for the disciplinary action has been
resolved or corrected; or
(2) 18 months have passed since the warning or
disciplinary action, the employee does not have another active warning or
disciplinary action which occurred within the last 18 months and the agency has
not, prior to the expiration of the 18 month period, issued to the employee
written notice, including reasons, of the extension of the period.
(c) PLACEMENT ON INVESTIGATION ‑ Investigation status
is used to temporarily remove an employee from work status. Placement on
investigation with pay does not constitute a disciplinary action as defined in
this Section or in G.S. 126‑35. Management must notify an employee in
writing of the reasons for investigatory placement not later than the second
scheduled work day after the beginning of the placement. An investigatory
placement with pay may last no longer than 30 calendar days without written
notice of extension by the agency director. When an extension beyond the 30‑day
period is required, the agency must advise the employee in writing of the
extension, the length of the extension, and the specific reasons for the extension.
If no action has been taken by an agency by the end of the 30 day period and no
further extension has been imposed, the agency must either take appropriate
disciplinary action on the basis of the findings upon investigation or return
the employee to active work status. Under no circumstances is it permissible
to use placement on investigation status for the purpose of delaying an
administrative decision on an employee's work status pending the resolution of
a civil or criminal court matter involving the employee. It is permissible to
place an employee in investigation status with pay only under the following
circumstances:
(1) To investigate allegations of performance
or conduct deficiencies that would constitute just cause for disciplinary action;
(2) To provide time within which to schedule
and conduct a pre-disciplinary conference; or
(3) To avoid disruption of the work place or to
protect the safety of persons or property.
(d) CREDENTIALS ‑ By statute, and rule, some duties
assigned to positions may be performed only by persons who are duly licensed,
registered or certified as required by the relevant provision. All such
requirements and restrictions are specified in the statement of essential
qualifications or recruitment standards for classifications established by the
State Human Resources Commission or in the position description for the
position.
(1) Employees in such classifications are
responsible for obtaining and maintaining current, valid credentials as
required by law. Failure to obtain or maintain the legally required
credentials constitutes a basis for immediate dismissal without prior warning,
consistent with dismissal for unacceptable personal conduct or grossly
inefficient job performance. An employee who is dismissed for failure to
obtain or maintain credentials shall be dismissed under the procedural
requirements applicable to dismissals for unacceptable personal conduct or
grossly inefficient job performance.
(2) Falsification of employment credentials or
other documentation in connection with securing employment constitutes just
cause for disciplinary action. When credential or work history falsification
is discovered after employment with an agency, disciplinary action shall be
administered as follows:
(A) If an employee was determined to be qualified and
was selected for a position based upon falsified work experience, education,
registration, licensure, or certification information that was a requirement
for the position, the employee must be dismissed in accordance with 25 NCAC 1I
.2304.
(B) In all other cases of post-hiring discovery of false
or misleading information, disciplinary action shall be taken, but the severity
of the disciplinary action shall be at the discretion of the agency head.
(C) When credential or work history falsification is
discovered before employment with an agency, the applicant shall be
disqualified from consideration for the position in question.
(e) OTHER SPECIAL PROVISIONS ‑
(1) Every disciplinary action shall include
notification to the employee in writing of any applicable appeal rights.
(2) Warnings, extension of disciplinary actions
and periods of placement on investigation, and placement on investigation with
pay are not grieveable unless an agency specifically provides for such a grievance
in its agency grievance procedure. Allegations of a violation of G.S. 153A-98,
130A-42, 122C-158 shall be processed in compliance with procedures established
in accordance with these statutory requirements.
(3) An agency shall furnish to an employee, as
an attachment to the written documentation of a grievable disciplinary action,
a copy of the agency grievance procedure.
History Note: Authority G.S. 126-4; 126-35;
Eff. December 1, 1995.
25 NCAC 01I .2310 APPEALS
(a) An employee with permanent status who has been demoted,
suspended or dismissed shall have 15 calendar days from the date of his receipt
of written notice of such action to file an appeal with his agency or county
grievance procedure, whichever is applicable. Grievances which do not allege
discrimination must follow the agency or county grievance procedure. An appeal
of a final agency decision must be filed in accordance with G.S. 150B-23 within
30 calendar days of receipt of the final agency decision. Grievances which
allege unlawful workplace harassment must be submitted in writing to agency
management, within 30 calendar days of the alleged harassing action, and the
agency must be given 60 calendar days in which to take remedial action, if any,
unless the agency has waived the 60-day period, and the employee has
acknowledged such waiver. An appeal to the State Human Resources Commission of
unlawful workplace harassment must be filed with the Office of Administrative
Hearings in accordance with G.S. 150B-23 and within 30 calendar days of written
notification of the remedial action, if any, taken by the agency.
(b) Grievances which allege discrimination not including
unlawful workplace harassment may at the election of the employee, proceed
through the agency or county procedure or proceed directly to the State Human
Resources Commission (SHRC) for a hearing by the Office of Administrative
Hearings (OAH) and a decision by the SHRC. A direct appeal to the SHRC (such
appeal involving a contested case hearing by the OAH and a decision by that
agency to the SPC) alleging discrimination not including unlawful workplace
harassment must be filed in accordance with G.S. 150B-23 and must be filed
within 30 calendar days of receipt of notice of the alleged discriminatory act.
(c) Grievances filed on an untimely basis (see G.S. 126-35,
G.S. 126-36, and G.S. 126-38) must be dismissed. Allegations of discrimination,
if raised more than 30 calendar days after the party alleging discrimination
became aware or should have become aware of the alleged discrimination, must be
dismissed. Grievances alleging unlawful workplace harassment raised more than
30 calendar days after written notification of remedial action, if any, taken
by the agency must be dismissed.
History Note: Authority G.S. 126-35; 126-36; 126-38;
150B-23; 150B-36;
Eff. December 1, 1995;
Amended Eff. July 18, 2002.
SECTION .2400 ‑ BASIC REQUIREMENTS FOR A
"SUBSTANTIALLY EQUIVALENT" PERSONNEL SYSTEM
25 NCAC 01I .2401 SYSTEM PORTION I: RECRUITMENT,
SELECTION, AND ADVANCEMENT
General Requirement. Recruiting, selecting
and advancing employees will be on the basis of their relative ability,
knowledge, and skills, including open consideration of qualified applicants for
initial appointment.
(1) Recruitment:
(a) Requirement. There must be a
planned and organized recruiting program, carried out in a manner that assures
open competition.
(b) Requirement. Special
emphasis will be placed on efforts to attract minorities, women, the disabled,
or other groups that are substantially underrepresented in the jurisdiction
work force to help assure they will be among the candidates from whom
appointments are made.
(2) Selection:
(a) Requirement. The selection
of applicants for vacant positions will be through open competition.
(b) Requirement. Selection
procedures will be job related.
(c) Requirement. Job related
minimum requirements for entrance to a class will be established wherever
practical, and will be met by all candidates examined, appointed or promoted.
(d) Requirement. Prior to
receiving a permanent appointment, each employee will satisfactorily complete a
reasonable, time limited probationary period.
(3) Career Advancement Requirement.
Policies and program affecting and effecting promotions will consider all
eligible employees within the jurisdiction and adequately assure that all
persons promoted are qualified.
History Note: Authority G.S. 126‑11;
Eff. August 3, 1992.
25 NCAC 01I .2402 SYSTEM PORTION II:
CLASSIFICATION/COMPENSATION
General Requirement. A current, equitable,
and adequate position classification and compensation plan will be provided.
(1) Position Classification
Requirement. Job Evaluation (syn. classification) plans will be based upon a
soundly applied, professionally accepted job evaluation methodology which
establishes the relative strength of related positions through consideration of
the difficulty, responsibility, and other requirements of the work. System
components and all relationships determined along with accompanying rationale
will be fully documented.
(2) Compensation:
(a) Requirement. The
compensation plan will, within labor market constraints, have as its principal
basis the class relationships (syn. skill level relationships, job
relationships, work level relationship, etc.) discerned by the classification
process.
(b) Requirement. Within the
limits of local financial ability and fiscal policy, the level of compensation
assigned to each class of the plan will, in conjunction with Subparagraph
(2)(a) of this Rule, adequately consider the competitive labor market within
the geographical area of recruitment.
(c) Requirement. Logical and
equitable practices will be established which guide salary administration in
positions and employees actions within the jurisdiction.
History Note: Authority G.S. 126‑11;
Eff. August 3, 1992.
25 NCAC 01I .2403 SYSTEM PORTION III: TRAINING
General Requirement. Employees will be
trained as needed to assure high quality performance.
History Note: Authority G.S. 126‑11;
Eff. August 3, 1992.
25 NCAC 01I .2404 SYSTEM PORTION IV: EMPLOYEE
RELATIONS
(a) In order to be declared substantially equivalent in the
area of employee relations, a county shall adopt a policy that includes the
following policy provisions:
(1) A provision that employees shall not be
disciplined, including dismissed, except for just cause.
(2) A provision that allows for action,
including dismissal, on the basis of unsatisfactory job performance or unacceptable
personal conduct.
(3) A provision that the policy shall be
available to all employees.
(4) A provision that the county shall train all
supervisors and managers in the appropriate use of the employee relations
policy.
(b) In order to be declared substantially equivalent in the
area of employee relations, a county shall adopt a grievance procedure that
includes all of the following:
(1) A provision that extends coverage to at
least all county employees subject to North Carolina General Statutes Chapter
126.
(2) A provision that all employees who have
completed a probationary period shall have access to the grievance procedure on
at least these issues:
(A) Just cause to impose disciplinary demotion in pay or
position, disciplinary suspension without pay or dismissal;
(B) Allegations of discrimination based on race, sex
(including allegations of sexual harassment), religion, age, national origin,
handicapping condition, creed or color in hiring, promotion, any disciplinary
action, compensation, transfer or training.
(3) A provision for a hearing before an
impartial hearing officer, or a hearing panel appointed by the County Manager and the Human Resources Director. No person who reports directly to the County Manager or who works in the Human Resources area may be a hearing officer or may serve
on the hearing panel.
(4) A provision for a public hearing with the
ability of each party to be represented by attorney. The hearing officer or
hearing panel shall have the authority to compel attendance at such hearing.
The hearing shall be recorded so that a record may be prepared and forwarded to
Superior Court.
(5) A provision that the hearing officer or
hearing panel shall make a recommendation to the local appointing authority.
The local appointing authority shall make a final, binding decision in the
grievance.
(6) A provision that the final decision shall
state in writing that if the employee/grievant disagrees with the decision of
the local appointing authority, appeal from that decision may be made to the
Superior Court of the county.
(7) Specific time limits on management
responses and decisions, and a provision that if management fails to comply
with the time limits of the procedure, that the employee may unilaterally
choose to advance to the next step in the procedure.
(c) All provisions of this Section shall be complied with
in order for substantial equivalent status to be granted by the Commission.
(d) The Office of State Human Resources shall provide
technical assistance and advice to any county wishing to apply for substantial
equivalent status in employee relations.
(e) Any county that was approved for substantial equivalent
status in the area of employee relations prior October 1, 2006 shall re-apply
for approval before October 1, 2007. Failure to apply within that period shall
automatically terminate that county's substantial equivalent status in employee
relations. Any county that was approved for substantial equivalent status in
the area of employee relations prior to October 1, 2006, shall remain
substantially equivalent until October 1, 2007, or until approved for
substantial equivalent status based on this Section.
(f) The State Human Resources Commission may waive any
condition set out in this section and approve a county's request for
substantial equivalent status based on a recommendation from the Office of State
Human Resources. Such recommendation shall specify that waiver would result in
a more effective system of employee relations. Factors to be considered by the
Commission in granting a waiver include the following: compliance with the
condition would increase the time involved for employees in the overall
grievance procedure; the presence of sufficient limits on management's ability
to increase the time involved in the grievance procedure; and the assistance
from the county available to employees to proceed through the grievance
procedure.
History Note: Authority G.S. 126-11;
Eff. August 3, 1992;
Amended Eff. November 1, 2006.
25 NCAC 01I .2405 SYSTEM PORTION V: EQUAL EMPLOYMENT
OPPTY/AFFIRMATIVE ACTION
General Requirement. Fair treatment of
applicants and employees will be assured in all aspects of personnel
administration without regard to race, color, religion, sex, national origin,
political affiliation, age, or handicap and with proper regard for their
privacy and constitutional rights as citizens. This "fair treatment"
principle includes compliance with the federal equal employment opportunity and
nondiscrimination laws.
(1) Equal Employment Opportunity:
(a) Requirement. Equal
employment opportunity will be assured for all persons.
(b) Requirement. Prohibitions
against discrimination consistent with the Civil Rights Act of 1964 as amended,
the Equal Pay Act of 1963, the Age Discrimination in Employment Act of 1967 as
amended, the Rehabilitation Act of 1973 as amended, and other relevant statutes
will be established and enforced.
(c) Requirement. Retaliation
against those who protest alleged discrimination shall be prohibited.
(2) Affirmative Action:
(a) Requirement. The governing
body will adopt a written EEO/AA policy which clearly outlines the governing
body's intent, actions and commitment in regard to EEO and AA. This policy
statement shall ensure greater utilization of all persons by identifying
previously underutilized groups in the work force, such as women, minorities
and the disabled, and making special efforts toward their recruitment,
selection, appointment, promotion, development and upward mobility.
(b) Requirement. The
jurisdiction shall develop and implement a continuing program of affirmative
action in order to assure that all personnel policies and practices relevant to
total employment in the jurisdiction will guarantee equal opportunity for all
persons. Also, sufficient resources should be devoted to adequately implement
an affirmative action program. The program should include:
(i) Identification and
elimination of artificial barriers to equal employment opportunity.
(ii) Work force analysis to
determine whether percentages of minorities and women employed in various job
categories are substantially similar to percentages of those groups available
in the relevant labor force. Where underrepresentation occurs, employment
procedures will be analyzed to determine the cause.
(iii) Development of a systematic
action plan, with goals and timetables, formulated to correct any substantial
disparities or other problems identified in the work force and employment
analysis.
(iv) Periodic evaluation of results
to assess the effectiveness of the affirmative action programs in achieving
affirmative action goals on a timely basis. The affirmative action plan should
be updated at least every two years.
(c) Requirement. Management and
supervisory personnel shall be evaluated for progress toward affirmative action
goals.
(3) Workforce Relations Requirement.
Personnel administration within the jurisdiction will conscientiously recognize
the dignity and value of the individual employee and promote means of communications,
participation and understanding among all employees.
History Note: Authority G.S. 126‑11;
Eff. August 3, 1992.
25 NCAC 01I .2406 SYSTEM PORTION VI: POLITICAL
ACTIVITY
General Requirement. Employees will be
protected against coercion for partisan political purposes, and will be
prohibited from using their official authority for the purpose of interfering
with or affecting the result of an election or a nomination for office.
History Note: Authority G.S. 126‑11;
Eff. August 3, 1992.
25 NCAC 01I .2407 CONDITION OF PRIVILEGE
A substantially equivalent personnel system exemption,
approved by the State Human Resources Commission under NCGS 126-11, is a
condition of privilege; a local government jurisdiction may operate its own
system of personnel administration for all employees of the jurisdiction,
including those subject to the State Human Resources Act. This privilege shall
be continued by the State Human Resources Commission so long as the local
system remains substantially equivalent to the Basic Requirements for a
Substantially Equivalent Personnel System. The Office of State Human Resources,
in its staff capacity to the State Human Resources Commission, shall act on the
Commission's behalf in evaluating the ongoing equivalency status of exempted
systems.
History Note: Authority G.S. 126-11;
Eff. October 10, 1992.
25 NCAC 01I .2408 ONGOING EXPECTATIONS
In order that the Office of State Human Resources shall have
access to the information and materials necessary to an informed judgment of
whether an exempted, local personnel system remains substantially equivalent,
local jurisdictions desiring to maintain exempted systems shall comply with the
following requirements:
(1) Recertification. Recertification of the commitment
by a Board of County Commissioners of authority to maintain a system or portion
of a system of personnel administration in accordance with the Basic
Requirements for a Substantially Equivalent Personnel System may be necessary,
at the discretion of the State Human Resources Commission, in the following
instances:
(a) Upon significant change in the membership of
the Board of Commissioners or Area Authority.
(b) Upon passage of significant new legislation
or policy which will apply to the local system or system portion.
(c) Upon major reorganization, restructuring, or
downsizing of the personnel system of the county or Area Authority.
(2) Staffing.
(a) The Board of County Commissioners or Area
Authority shall provide for the ongoing presence of a qualified staff for all
exempted portions of the local personnel system.
(b) The staffing complement assigned to the
personnel system by the Board of County Commissioners or Area Authority shall
at all times remain adequate to assure that the day-to-day operational demands
of the personnel management system are met in an efficient and expedient
manner, and to assure that administrative and technical requirements for
maintaining the personnel system in professionally sound order are well served.
(c) Each jurisdiction which has been granted a
substantially equivalent personnel system exemption shall annually, or upon
major interim change, file with the Office of State Human Resources an
organizational chart which accurately depicts the complement and organizational
structure of the staff currently assigned to the operation of the personnel
function.
(3) Filling of System Documentation. Each jurisdiction
which has been granted a substantially equivalent personnel system exemption by
the State Human Resources Commission shall annually, or upon substantial
interim change, file with the Office of State Human Resources:
(a) All personnel policies currently pertaining
to exempt portions of the local system, which have been adopted by the Board of
County Commissioners, County Manager, Area Authority, or Area Director.
(b) Documentation which in material and
substance fully illustrates the design, method, and process currently being
employed in the administration of exempted portions of the local personnel
system. If there has been no substantial change in personnel policies or
technical method within an annual period, the County Manager or Personnel
Director shall so certify in a letter to the Local Government Coordinator,
Substantially Equivalent Systems, Office of State Human Resources.
(c) Jurisdictions with exempted systems shall
cooperatively respond to related requests by the Office of State Human
Resources for additional information which is deemed essential to a complete
and accurate understanding of the design and process of a local system.
(4) Records and Reports. Personnel records shall be
created and maintained as necessary to serve the operational requirements of
exempted portions of the local personnel system, and to maintain an auditable
history of position and employee actions processed.
History Note: Authority G.S. 126-11;
Eff. October 10, 1992.
25 NCAC 01I .2409 OSP ASSISTANCE
The Office of State Human Resources is available to provide
counsel and technical assistance on matters of substantial equivalency at any
time. Such assistance shall be provided within the limits of available staff
and administrative resources. Consultation and informal, cooperative interchange
is particularly encouraged prior to major revisions in policy or technical
process.
History Note: Authority G.S. 126-11;
Eff. October 10, 1992.
25 NCAC 01I .2410 SYSTEM ADVANCEMENTS
Changes or additions to an exempted personnel
system portion shall be substantially equivalent in regard to new personnel
legislation or making rules at the state or federal level.
History Note: Authority G.S. 126‑11;
Eff. October 10, 1992.
