Georgia House of Representatives - 1995/1996 Sessions

HB 102 - Fulton County; personnel board and merit system

Page Numbers - 1/ 2/ 3/ 4

1. Davis  48th


House Comm: LLeg       /                Senate Comm: SLGO       /               
House Vote: Yeas 91    Nays 4           Senate Vote: Yeas 47  Nays 0            
              ----------------------------------------                          
               House          Action         Senate                             
              ----------------------------------------                          
              1/9/95   Read 1st Time         2/1/95                             
              1/10/95  Read 2nd Time                                            
              1/31/95  Favorably Reported    2/15/95                            
              1/31/95  Read 3rd Time                                            
              1/31/95  Passed/Adopted        2/15/95                            
              3/20/95  Sent to Governor                                         
              3/27/95  Signed by Governor                                       
              116      Act/Veto Number                                          
              7/1/95   Effective Date                                           
              ----------------------------------------                          
Rules Suspended to Introduce                                                    
                                                                                
Code Sections amended:                                                          


HB 102                                            LC 19 2250






                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend an Act revising and consolidating the law
  1- 2  pertaining to the Fulton County Personnel Board and the
  1- 3  Fulton County Merit System of Personnel Administration,
  1- 4  approved April 13, 1982 (Ga. L. 1982, p. 4896), as amended,
  1- 5  so as to eliminate specific requirements with reference to
  1- 6  racial minorities and females; to change the position
  1- 7  relating to the obtaining of records and witness at hearing;
  1- 8  to redefine the membership of the unclassified service; to
  1- 9  change the provisions relative to notice of disciplinary
  1-10  action and appeals; to change the provisions relative to
  1-11  appeal of disciplinary action against unclassified
  1-12  employees; to provide an effective date; to repeal
  1-13  conflicting laws; and for other purposes.

  1-14       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1-15  An Act revising and consolidating the laws pertaining to the
  1-16  Fulton County Personnel Board and the Fulton County Merit
  1-17  System of Personnel Administration, approved April 13, 1982
  1-18  (Ga. L. 1982, p. 4896), as amended, is amended by deleting
  1-19  in its entirety paragraph (8) of subsection (b) of Section 5
  1-20  which reads as follows:

  1-21      "(8) To encourage appropriate and reasonable actions
  1-22      consistent with merit principles and this Act; in
  1-23      coordination with the county manager and other
  1-24      appointing authorities, to achieve and maintain an
  1-25      equitable balance of placement of all racial minorities
  1-26      and females into county positions so that such persons
  1-27      are reasonably proportionate to the working-age
  1-28      population of Fulton County as determined by the latest
  1-29      decennial United States census figures;"

  1-30  and by redesignating current paragraphs (9) through (17) of
  1-31  said subsection as paragraphs (8) through (16),
  1-32  respectively.




                                 -1- (Index)

                                                  LC 19 2250

                         SECTION 2.

  2- 1  Said Act is further amended by striking from paragraph (12)
  2- 2  of subsection (b) of Section 5 the words "to require the
  2- 3  attendance of witnesses and the production of books, papers,
  2- 4  public records, and other documentary evidence pertinent to
  2- 5  any investigation in connection with the administration of
  2- 6  this Act" so that said paragraph (12) shall read as follows:

  2- 7      "(12) The personnel director shall have the power, as
  2- 8      executive agent of the personnel board, to issue
  2- 9      subpoenas, receive relevant evidence, administer oaths,
  2-10      and question witnesses;"

                         SECTION 3.

  2-11  Said Act is further amended by striking from paragraph (9)
  2-12  of subsection (b) of Section 6 the words "or fee basis" and
  2-13  inserting in lieu thereof the words "fee, or hourly basis",
  2-14  so that said subsection (9) shall read as follows:

  2-15      "(9) Individuals who perform services on a contract,
  2-16      fee, or hourly basis."

                         SECTION 4.

  2-17  Said Act is further amended by inserting following
  2-18  subsection (c) of Section 6 thereof a new subsection which
  2-19  shall be known as subsection (d) which shall read as
  2-20  follows:

  2-21    "(d) Only permanent classified employees who have
  2-22    successfully completed their probationary period shall
  2-23    have property interest in indefinite tenured employment
  2-24    during good behavior and satisfactory performance and
  2-25    shall not be subject to demotion, suspension, or dismissal
  2-26    except for cause as defined by the Fulton County personnel
  2-27    regulations.  All other employees remain terminable at the
  2-28    will of Fulton County and are not governed by the
  2-29    disciplinary provisions of the Fulton County personnel
  2-30    regulations."

                         SECTION 5.

  2-31  Said Act is further amended by striking subsection (b) of
  2-32  Section 9 in its entirety and inserting in lieu thereof a
  2-33  new subsection (b) which shall read as follows:

  2-34    "(b) Any dismissal, suspension, or demotion of a permanent
  2-35    classified employee for cause which results in a loss of
  2-36    salary, grade, or classification shall be stated to such



                                 -2- (Index)

                                                  LC 19 2250

  3- 1    employee in writing.  This writing shall include notice of
  3- 2    the charges against the permanent classified  employee,
  3- 3    the effective time and date of such disciplinary action,
  3- 4    and explanation of the reasons for the disciplinary
  3- 5    action, and shall give the employee an opportunity to
  3- 6    respond orally or in writing to the charges.  This writing
  3- 7    shall be provided to the employee not less than 24 hours
  3- 8    prior to the effective date and time of such disciplinary
  3- 9    action.  Any permanent classified employee who is
  3-10    dismissed, suspended without pay, or demoted for cause as
  3-11    specified above shall also have the right to appeal to the
  3-12    personnel board as set forth elsewhere in this Act and in
  3-13    the applicable personnel regulations."

                         SECTION 6.

  3-14  Said Act is further amended by striking subsection (c) of
  3-15  Section 9 in its entirety and inserting in lieu thereof a
  3-16  new subsection (c) which shall read as follows:

  3-17    "(c) Any permanent classified Fulton County employee who
  3-18    is dismissed, suspended, demoted, or otherwise disciplined
  3-19    for cause, whereby such employee suffers any loss in
  3-20    salary, grade, or classification, shall have the right to
  3-21    appeal such action to the personnel board.  Such appeal
  3-22    shall be made in writing within ten working days from the
  3-23    date of his or her being notified of the action.  The
  3-24    grounds for such appeal to the personnel board shall
  3-25    include those cases wherein the appellant alleges that the
  3-26    disciplinary action taken was prohibited by applicable law
  3-27    and may include those cases wherein personal, political,
  3-28    or religious reasons are alleged by the appellant.  All
  3-29    other employees do not have the right to appeal
  3-30    disciplinary actions taken against them to the personnel
  3-31    board, but such employees may file grievances through
  3-32    supervisory channels.  The ability to file a grievance in
  3-33    no way gives any employee a property interest in
  3-34    employment. A grievance cannot be construed to convert any
  3-35    demotion, suspension without pay, dismissal, or other
  3-36    disciplinary action taken for cause under the disciplinary
  3-37    provisions of the personnel regulations.  Detailed
  3-38    procedures for the conduct of an appeal to the personnel
  3-39    board shall be set forth in the personnel regulations as
  3-40    provided by this Act.  In the event that a terminated
  3-41    employee's liberty interest is violated, such employee
  3-42    shall be provided with a name-clearing hearing. The
  3-43    personnel board shall conduct name-clearing hearings for



                                 -3- (Index)

                                                  LC 19 2250

  4- 1    terminated permanent classified employees.  The grievance
  4- 2    review committee shall conduct name-clearing hearings for
  4- 3    all other terminated employees.  Detailed procedures for
  4- 4    the conduct of a name-clearing hearing shall be set forth
  4- 5    in the personnel regulations as provided by this Act."

                         SECTION 7.

  4- 6  This Act shall become effective on July 1, 1995.

                         SECTION 8.

  4- 7  All laws and parts of laws in conflict with this Act are
  4- 8  repealed.




































                                 -4- (Index)