Rules of the State Personnel Board

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478-1-.02 ORGANIZATION FOR MERIT SYSTEM.

SECTION 2.100. STATE PERSONNEL BOARD.

PAR. 2.101. Establishment of the Board. Article IV, Section III, Paragraph I of the Constitution provides as follows: (03-20-85/04-08-85)

1. There shall be a State Personnel Board which shall consist of five members appointed by the Governor, subject to confirmation by the Senate. The members of the Board in office on June 30, 1983, shall serve out the remainder of their respective terms. As each term of office expires, the Governor shall appoint a successor as herein provided. All such terms of members shall be for five years. Members shall serve until their successors are appointed and qualified. A member of the State Personnel Board may not be employed in any other capacity in state government. A chairman shall be selected by the members of the board from its membership. (03-20-85/04-08-85)
2. The board shall provide policy direction for a State Merit System of Personnel Administration and may be vested with such additional powers and duties as provided by law. State personnel shall be selected on the basis of merit as provided by law. (03-20-85/04-08-85)

PAR. 2.102. Organization of Board.

1. The Board shall, at the regular meeting in December of each year, elect one member to act as chair for a term of one year, or until a successor is duly elected. At the same time the Board shall elect one of its members to act as vice-chair for the same term and to act for the chair in his/her absence. If the office of chair is vacated because of death or resignation, or in any other manner, before the expiration of his/her term as chair, the Board shall elect a successor at its next regular meeting, who shall serve for the unexpired term. Any member who has served a full term as chair or vice-chair of the Board shall not be eligible for reelection to the same office until an interval of one term has expired. (03-20-85/04-08-85)
2. In December of each year the Chair of the Board shall establish a schedule of the dates and meeting times for the regular meetings of the State Personnel Board for the following calendar year. The Commissioner will publish this schedule and make it available to any interested party upon request. Regular meetings of the Board shall normally be held in the offices of the Merit System provided, however, that the chair may change the time, date and place of any meeting when deemed necessary. The board members, the Commissioner, the several appointing authorities and other appropriate parties shall be notified of the meetings as required by law, at least ten days prior to the meetings. (05-06-04/05-25-04) Authority O.C.G.A. 45 20 3; 50 14 1

Authority O.C.G.A. 45-20-3; 50-14-1

3. Special meetings of the Board may be called by any member of the Board or by the Commissioner upon giving reasonable advance notice of the meeting and subjects expected to be considered at the meeting as required by Section 50-14-1 of the Georgia Code. Notice of such meetings shall be given to each member of the Board, the Commissioner, and other parties as required by Code Section 50-14-1. (06-25-92/07-02-92)

Authority O.C.G.A. 45-20-3; 50-14-1.

4. Except as otherwise provided by law, all regular meetings of the Board shall be open to the public. The Board may meet in closed session when discussing or deliberating upon the appointment, employment, hiring, disciplinary action, dismissal, or performance of a public officer or employee.

Authority O.C.G.A. 45-20-3; 50-14-1. (05-31-89/06-28-89)

5. The Board shall adopt procedures for the conduct of its activities. Meetings of the Board may be informal, subject to such rules of order as may be promulgated by the chair of the Board, and may be conducted by telecommunications conference when necessary provided that such meeting is conducted as required by Code Section 50-14-1. (06-25-92/07-02-92)
6. Three members shall constitute a quorum. Only the votes of a majority of the members present shall be necessary for the transaction of any business or discharge of any duties of the State Personnel Board, provided there is a quorum. (12-14-84/12-27-84)
7. The time and place of each meeting of the Board, names of the board members present, all official acts of the Board, the votes of each member except when the acts are unanimous, and when requested a board member's approval or dissent, with the member's reasons, shall be recorded in the minutes. The Commissioner shall cause the minutes to be transcribed and presented for approval or amendment at the next regular meeting. The minutes or a true copy thereof, certified by a majority of the Board, shall be open to inspection by the appointing authorities and the public. (09-23-87/11-12-87)
8. All decisions, opinions, recommendations and other pertinent matters resulting from a hearing or investigation conducted by the Board, shall be typewritten, subscribed to by the board members concurring, and filed as a part of its proceedings with the minutes. (10-21-59/11-01-59)
9. The Commissioner, as Executive Secretary to the Board, shall have the right to attend or be represented at, and to participate in, all meetings of the Board, but shall be without voting power. (05-31-89/06-28-89)

Authority O.C.G.A. 45-20-3; 50-14-1

PAR. 2.103. Functions, Powers and Duties of the Board; Compensation of Members.

1. The State Personnel Board shall prescribe the general policies by which the State Merit System shall be administered. The Board shall hold regular meetings at least once each month and may hold additional meetings as may be required for the proper discharge of its duties. Members of the Board shall receive no salary but shall receive the same expense allowance per day as that received by a member of the General Assembly for each day such member is attending meetings or performing official business for the Board, plus reimbursement for actual transportation costs while traveling by public carrier or the legal mileage rate for the use of a personal automobile in connection with such attendance or official business. (12-14-84/12-27-84)
2. It shall be the specific duty and function of the State Personnel Board:
1. To represent the public interest in the improvement of personnel administration in the state departments covered by the State Merit System. (08-25-75/09-01-75)
2. To determine appropriate goals and objectives for the State Merit System and prescribe policies for their accomplishment. (08-25-75/09-01-75)
3. At public hearings, to adopt and amend policies, rules and regulations effectuating the State Merit System of Personnel Administration subject to approval of the Governor. The rules and regulations of the State Personnel Board in effect on the effective date of the Act shall remain in effect until amended, changed, modified or repealed by the Board. Notice of regular meetings of the State Personnel Board shall be released to all departments and agencies covered by the State Merit System and shall be prominently posted at the office of the State Merit System of Personnel Administration at least ten days prior to each regular meeting. (Reference: O.C.G.A. 45-20-3; O.C.G.A. 50-14-13.) (06-26-97/06-30-97)
4. To insure that a review is afforded on dismissals, other adverse personnel actions as defined by the rules and regulations of the State Personnel Board and other purported violations of the rules and regulations in the several departments which are included in the career service as well as in other matters under the Board's jurisdiction where the Board deems a review appropriate. All appeals determinations of the Board shall be written and documented as to findings of fact, basis for decisions, and prescribed remedies. (06-26-97/06-30-97)
5. To assure the administration of state and federal laws relating to state personnel administration. (08-25-75/09-01-75)
6. To establish an annual budget covering all the costs of State Personnel Board operations, said budget to be incorporated as a component of the annual budget of the State Merit System. (08-25-75/09-01-75)
7. To promote public understanding of the purposes, policies and practices of the State Merit System of Personnel Administration and to advise and assist the several state departments in fostering merit selection and securing the interest of institutions of learning and of civic, professional and other organizations in the improvement of personnel standards under the State Merit System. (08-25-75/09-01-75)
8. To extend, upon application, such services of the State Personnel Board, as may be agreed upon by the agency and the Board, to other governmental jurisdictions or agencies thereof not covered by the State Merit System upon a fee basis as may be determined by the Board. (08-25-75/09-01-75)
9. To adopt and promulgate rules and regulations for the administration of the medical and physical fitness program and to perform such other actions as may be required by law. (Reference: O.C.G.A. 45-2-44). (07-27-92/08-06-92)
10. To adopt and promulgate rules and regulations for the administration of the health insurance program for state employees, and to perform such other actions as may be required by law. (08-25-75/09-01-75)

Authority O.C.G.A. 45-18-2.

11. To adopt and promulgate rules and regulations for administration of the suggestion system and to perform such other actions as may be required by law. (08-25-75/09-01-75)

Authority O.C.G.A. 45-21-2.

12. To adopt and promulgate rules and regulations for the administration of the service awards program and to perform such other action as may be required by law. (08-25-75/09-01-75)

Authority O.C.G.A. 45-21-2.

13. To adopt and promulgate a deferred compensation plan for employees of the State of Georgia and to perform such other actions related to the plan as may be required by state law and regulations of the Internal Revenue Service. (08-25-75/09-01-75)

Authority O.C.G.A. 45-18-32; O.C.G.A. 45-20-3.

SECTION 2.200. STATE COMMISSIONER OF PERSONNEL ADMINISTRATION.

PAR. 2.201. Creation of the Position of State Commissioner of Personnel. Section 5 of the law provides as follows: (08-25-75/09-01-75)

There is hereby created the position of State Commissioner of Personnel Administration. The Commissioner shall be appointed by the Governor after consultation with the State Personnel Board subject to confirmation by the Senate. The Governor shall fix the compensation of the Commissioner who shall serve at the pleasure of the Governor. (08-25-75/09-01-75)

PAR. 2.202. Duties of the Commissioner. The duties and responsibilities of the Commissioner shall be: (08-25-75/09-01-75)

1. To serve as Executive Secretary to the Board, to attend meetings as directed by the Board and to provide such professional, technical and other supportive assistance as may be required in the performance of its duties. (08-25-75/09-01-75)
2. Consistent with Board policy, to administer the operations of the State Merit System and to otherwise act in the capacity of chief executive officer of the state personnel administration program. (08-25-75/09-01-75)
3. To recommend to the Board amendments to the rules and regulations and cause all rules and regulations to be published and copies thereof to be given to the appointing authorities and supplies thereof to be maintained in the offices of the Merit System. (08-25-75/09-01-75)
4. To submit to the Governor the rules and regulations, adopted by the State Personnel Board effectuating the State Merit System. Such Merit System rules and regulations, when approved by the Governor, shall have the force and effect of law and shall be binding upon the state departments covered by the law and shall: (08-25-75/09-01-75)
1. Include provisions for: (08-25-75/09-01-75)
1. the establishment and maintenance of classification and compensation plans; (08-25-75/09-01-75)
2. the conduct of examinations and the establishment of registers of persons eligible for appointment under the Merit System; (08-25-75/09-01-75)
3. the certification of eligible persons, appointments, promotions, transfers, demotions, separation, tenure, reinstatement, appeals, reports of performance, payroll certification, employee training; and (08-25-75/09-01-75)
4. all other phases of Merit System administration. (08-25-75/09-01-75)
2. Define and prohibit improper political activity by any departmental employee of the State Personnel Board or any employee covered under the terms of the State Merit System. (08-25-75/09-01-75)

Authority O.C.G.A. 45-20-4(3); O.C.G.A. 45-10-70.

3. Provide that there shall be no discrimination for or against any person or employee in any manner, to include but not be limited to, hiring, discharge, compensation, benefits, terms or conditions of employment, promotion, job classification, transfer, privileges or demotion because of political affiliation, religious affiliation, race, creed, national origin, sex, age between 40 and 70 years, or disability; and (07-27-91/08-06-92)
4. Conform to the minimum standards for Merit Systems of Personnel Administration as specified by those federal departments from which federal funds are obtained for use by the several state departments covered by the law. (08-25-75/09-01-75)


5. To administer the rules and regulations and all other operational aspects of the State Merit System and to assure compliance therewith in all the departments covered by the State Merit System. (08-25-75/09-01-75)
6. To appoint and prescribe the duties of the Merit System staff, all positions of which shall be included in the classified service except as otherwise provided in the law. (08-25-75/09-01-75)
7. To establish an annual budget covering all the costs of operating the State Merit System of Personnel Administration, including the State Personnel Board, and the cost of administering such federal laws relating to personnel administration as the Governor may direct, including the Intergovernmental Personnel Act of 1970, and to determine an equitable basis of prorating said annual costs among the several departments covered by the State Merit System of Personnel Administration; provided that upon approval of such budget by the Governor, the Commissioner shall be empowered to direct that the necessary pro rata share of the several assessed departments concerned be made available for expenditure by the State Merit System in the same manner as appropriated funds are expended by other departments of the State. (09-23-87/11-12-87)
8. To insure compliance with all applicable state and federal statutes and regulations concerning discrimination in employment, personnel administration and related matters. (08-25-75/09-01-75)
9. To cooperate with appointing authorities in the administration of the law in order to promote public service and establish conditions of service which will attract and retain employees of character and capacity and to increase efficiency and economy in governmental departments by the improvement of methods of personnel administration with full recognition of the requirements and needs of management. (08-25-75/09-01-75)
10. To establish and maintain a record of all employees under the Merit System, in which there shall be set forth, as to each employee, the class title of the position held, the salary or pay status and any other necessary data. (08-25-75/09-01-75)
11. To make annual reports and such special reports as may be advisable regarding personnel administration under the Merit System and recommendations for improvement therein to the Board and to the Governor. (09-23-87/11-12-87)
12. To act as custodian of all records and properties in the offices of the Merit System. (08-25-75/09-01-75)
13. To develop and issue such procedures and other administrative memoranda as may be necessary, not inconsistent with the law and these rules and regulations, relative to matters involved in the administration of the rules and regulations. (09-23-87/11-12-87)
14. To compile and consolidate reports pertaining to number of personnel, salaries paid, length of service, types of work and distribution of employees by classification by departments and other pertinent information regarding the employees of the state government. (08-25-75/09-01-75)
15. To act as executive officer and custodian of the Health Insurance Fund, to study, review and make recommendations to the Board as to health benefits and necessary changes in funding of the program. (08-25-75/09-01-75)
16. To act as executive officer and custodian of the Georgia Deferred Compensation Plan, and to arrange for all services required to carry out the plan in such a manner that there will be no operational costs to the State except for the incidental expenses of administering the salary deduction or reduction and the remittance thereof. (08-25-75/09-01-75)
17. Q. To act as secretary of the employees suggestion and awards boards; to prepare rules and regulations for the proper administration of these programs. (08-25-75/09-01-75)

Authority O.C.G.A. 45-21-3.

18. To perform those duties specifically designated in these rules and any other lawful act or acts which the Board shall consider necessary or desirable in order to carry out the purposes and objectives of the law. (08-25-75/09-01-75)
19. To appoint and prescribe the duties of a deputy commissioner of personnel administration, who shall be the second highest executive officer in the State Merit System and the deputy executive secretary to the State Personnel Board, and such assistant commissioners of personnel administration as the Commissioner deems appropriate. The deputy commissioner and the assistant commissioners shall be in the unclassified service, and any of them shall have the authority to perform any duty assigned to the Commissioner if delegated by the Commissioner. (12-14-84/12-27-84)

Authority O.C.G.A. 45-20-4.

SECTION 2.300. COUNCIL FOR STATE PERSONNEL ADMINISTRATION

PAR. 2.301. Creation of the Council. Section 10 of the law provides as follows: (08-25-75/09-01-75)

1. There is hereby created an Advisory Council for Personnel Administration. The objectives of the council shall be: (08-25-75/09-01-75)
   1. To promote improvements in the personnel program in State government, 08-25-75/09-01-75)
   2. To provide a forum for the interchange of information relating to the state personnel program, (08-25-75/09-01-75)
   3. To serve as a channel through which the operating agencies may express their opinions on matters affecting state personnel, (08-25-75/09-01-75)
   4. To seek equitable interpretation and application of the laws, rules, regulations, policies and procedures which affect state personnel management and administration, (08-25-75/09-01-75)
   5. To strive for professional consensus, consistent with the democratic process, in all actions which it may undertake. (08-25-75/09-01-75)
2. Membership in the Council shall be open to all persons serving in technical, professional, supervisory, and executive capacities in personnel administration in all state departments subject to State Merit System coverage. (12-14-84/12-27-84)
3. The Council is authorized to adopt bylaws which prescribe its organizational structure, officers and terms and conditions of office, meeting schedules, and such other organizational and operational procedures as are necessary for its lawful and effective functioning. As the professional association authorized to represent the interests of the several departments in the area of state personnel administration, the Council shall through its officers have direct access to the Board, the Commissioner, the Governor, and the General Assembly to present grievances, suggestions, and recommendations. (12-14-84/12-27-84)

Authority O.C.G.A. 45-20-5.

SECTION 2.400. PERSONNEL ADMINISTRATION ADVISORY COUNCIL

PAR. 2.401. Creation of the Personnel Administration Advisory Council. An Executive Order dated May 3, 1996, provides for the creation of the Personnel Administration Advisory Council. The Council shall include such agency heads and other individuals as specified in the Executive Order. (06-27-96/09-20-96)

PAR. 2.402. Duties of the Council. As set forth in the Executive Order, the duties of the Council are as follows: (01-06-84/01-13-84)

1. The Council will advise the State Personnel Board on policy issues relating to Act 816 of the 1996 session of the General Assembly. (06-27-96/09-20-96)
2. The Council will mediate any differences between the State Merit System and agencies in the division of management responsibilities under Act 816. (06-27-96/09-20-96)
3. The Council shall recommend development of legislation, rules, regulations, policies and procedures required to implement Act 816 and the Executive Order. (06-27-96/09-20-96)

Authority O.C.G.A. 45-20-1.

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