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478-1-.03 GENERAL PROVISIONS. Amended.
SECTION 3.100. APPLICABILITY, EXTENSION, AMENDMENTS, EFFECTIVE DATE.
PAR. 3.101. Applicability. All positions in the classified service shall be filled only in accordance with these rules; and the personnel programs in all departments under the Merit System, as provided herein, shall be administered in accordance with these rules. All classified employees are subject to these rules and regulations while employed by any department under the Merit System. "While employed" includes any period of leave--with or without pay--authorized by these rules and regulations. (12-17-86/12-29-86) {Authority O.C.G.A. 45-20-3}.
PAR. 3.102. Extension. If an agency or organization is made subject to the rules of the Board by legislation or executive order, the Commissioner shall establish a special provision extending coverage to the employees specified by the legislation or executive order. (06-27-96/09-20-96)
PAR. 3.103. Petitions to the Board. Any employee in the classified service or other citizen of the State who believes that the efficiency or effectiveness of the service would be improved by addition or amendment to these rules may petition the Board in writing for such addition or amendment. The petition will be considered on the written record unless otherwise specified by the Board. (12-14-84/12-27-84)
PAR. 3.104. Amendments. (Reference: O.C.G.A. 45-20-3.1) (08-26-93/09-09-93)
3.104.1. If and when it seems desirable in the interest of good administration the Board may, at public hearing, make additions or amendments to these rules. (08-26-93/09-09-93)
3.104.2. At least thirty (30) days prior to the date of a public hearing held to consider the adoption of rules and regulations to effectuate Chapter 20 of Title 45 of the Official Code of Georgia Annotated, the Board shall transmit a notice containing an exact copy of the proposed rule to each member of the Governmental Operations Committee of the Senate and the State of Republic Committee of the House of Representatives. The notice shall provide a citation to the authority pursuant to which the proposed rule is to be adopted and, if it amends an existing rule, such existing rule shall be clearly identified. The notice shall also state the date, time, and place of the public hearing at which adoption of the proposed rule shall be considered. If before the date of such hearing the chairman of either legislative committee notifies the Commissioner and the Board that the committee objects to the proposed rule, or has questions concerning the purpose, nature or necessity of the proposed rule, it shall be the duty of the Board to consult with the committee prior to the adoption of the proposed rule. (08-26-93/09-09-93)
3.104.3. If the Board finds that the immediate adoption of a rule or regulation is necessary to secure or protect the interests of the State Merit System, such rule may be adopted on an emergency basis without following the procedures specified in Par. 3.104.2. In such event, the Board shall adopt a resolution declaring the existence of an emergency and explaining the basis for such declaration as a condition necessary to adopt the rule on an emergency basis. Any rule adopted pursuant to this paragraph shall expire in not more than 120 days following its adoption, but the adoption of an identical rule pursuant to the procedures of Par. 3.104.2. shall not be precluded. (08-26-93/09-09-93)
3.104.4. Each rule or regulation adopted by the Board shall become effective upon approval by the Governor. The Commissioner shall immediately file an original and two copies of the rule in the Office of the Secretary of State. (08-26-93/09-09-93)
3.104.5. If and when it seems desirable to study and assess the impact of proposed amendments to these rules on employees and on effectiveness and economy in state government, the Board may authorize pilot personnel programs. Such programs shall be authorized on a trial basis; shall not exceed two (2) years in duration; are not required to be in full compliance with other provisions of these rules; and may be made applicable only to specified departments. Proposals for pilot personnel programs which meet established standards and criteria shall be submitted to the Board for consideration and action. The following standards and criteria shall be applicable to all proposals for pilot programs unless modified by the Commissioner:
a. A statement of purpose and intent which shall include the background or reasons for establishing the program;
b. The proposed duration of the program;
c. The method(s) for determining the impact of the program on employees, the budget, and delivery of services;
d. The outcome measures to be utilized in evaluating the success of the program;
e. The method(s) to be utilized in communicating the pilot program to affected employees;
f. The mechanism for resolving employee problems and complaints;
g. Identification of those areas of the current Rules with which the program would not be in full compliance;
h. Identification of possible impediments to successful implementation and methods to be utilized to overcome or avoid such impediments;
i. The method(s) for compiling and reporting results to affected employees and the Board and the frequency of such reporting; and,
j. A final report, regardless of the outcome of the pilot program, to be forwarded to the Commissioner prior to the expiration of the program. (08-26-93/09-09-93)
SECTION 3.200. CONFORMITY WITH FEDERAL STANDARDS.
As provided in Section 5(b) (3)(i) of the Act these rules and regulations shall conform to the minimum standards for merit systems of personnel administration as specified by those federal departments from which federal funds are obtained for use by the several state departments covered by the law. (03-24-76/05-17-76)
SECTION 3.300. COOPERATION WITH OTHER MERIT SYSTEMS.
PAR. 3.301. The Board may reciprocate with other federal, state or local jurisdictions whose merit systems operate in conformity with standards comparable to those contained in these rules. (03-24-76/05-17-76)
PAR. 3.302. The Commissioner, with the consent of the Board, may initiate action and develop programs for the exchange of information with other federal, state and local jurisdictions. (03-24-76/05-17-76)
PAR. 3.303. The appointing authority, with the approval of the Commissioner, may reciprocate in areas of personnel administration peculiar to that department with other federal, state or local jurisdictions. (03-24-76/05-17-76)
SECTION 3.400. PENALTIES.
In accordance with Section 12 of the Act, any person who knowingly and willfully violates the provisions of these rules and regulations shall be guilty of a misdemeanor; and, upon conviction thereof, shall be punished as for a misdemeanor and shall, for a period of five (5) years thereafter, be ineligible for appointment to or employment in a position in the state service. (03-24-76/05-17-76)
SECTION 3.500. POLITICAL ACTIVITY.
PAR. 3.501. Employees in the classified service shall not:
A. Be a candidate for nomination, election or appointment to any: (1) full-time elective public office of a political subdivision of this state or any other state; (2) full-time elective office of a political party or political organization; (3) elective state office of this state or any other state; (4) elective civil office of the federal government. (12-17-86/12-29-86) {Authority O.C.G.A. 45-10-70}.
B. Direct, manage, control or participate in a political campaign except as permitted in Par. 3.502. (12-17-86/12-29-86)
C. Serve as a watcher, challenger or similar partisan worker at the polls in any election. (12-17-86/12-29-86)
D. Seek, use or attempt to use, any coercive political pressure to secure for themselves or any other person an appointment, promotion, increase in pay or any other advantage in employment in a position under the Merit System. (09-23-87/11-12-87)
E. Use or promise to use, directly or indirectly, any official authority or influence, whether possessed or anticipated, to influence the political action of any other person or to affect the results of a nomination, campaign or election to any public office, political party office, or an office of a political organization. (12-17-86/12-29-86)
F. Pay or promise to pay any assessment, subscription or contribution for any political organization or purpose, or solicit or take any part in soliciting any such assessment, subscription or contribution except as permitted in Par. 3.502.O and Par. 3.502.P. (12-17-86/12-29-86)
G. Directly or indirectly coerce, attempt to coerce, command or advise any employee under the Merit System to pay, lend or otherwise contribute anything of value to any person, party, committee, organization or agency for political purposes. (12-17-86/12-29-86) {Authority O.C.G.A. 45-11-10}.
H. Participate in any form of political activity while on duty or under color of office or position. (12-17-86/12-29-86)
I. Engage in any political activity in violation of federal or state law including but not limited to 5 U.S.C.A. 1501-1508; O.C.G.A. 16-10-9, 20-2-51(c), 21-4-9, 35-2-12, 42-9-15, 45-2- 1(4), 45-10-70, 45-11-10, 50-19-8. (12-17-86/12-29-86)
J. Personally and knowingly endorse candidates other than themselves or oppose candidates other than their opponents in elections for public office or political party office in a political advertisement, broadcast, campaign literature or similar means of mass communication. (09-23-87/11-12-87)
K. Address a convention, caucus, rally or similar gathering in support of candidates other than themselves or in opposition to candidates other than their opponents for public office or political party office. (09-23-87/11-12-87)
L. Circulate a recall petition. (12-17-86/12-29-86) {Authority O.C.G.A. 21-4-9}.
M. Transport any political campaign literature or matter, or engage in soliciting votes, or transport any person or persons soliciting votes in any election or primary while traveling in a vehicle upon which the state is paying transportation mileage. (12-17-86/12-29-86) {Authority O.C.G.A. 50-19-8}.
NOTE: In addition to the prohibitions in these rules and regulations for classified employees, a public employee whose principal employment is in connection with an activity which is financed in whole or in part by loans or grants made by the United States or a federal agency is covered by the Federal Hatch Political Activities Act (5 U.S.C.A. 1501-1508). Such employees, as a matter of federal law, may not:
(1) use official authority or influence for the purpose of interfering with or affecting the result of an election or nomination for office;
(2) directly or indirectly coerce, attempt to coerce, command, or advise a state or local officer or employee to pay, lend, or contribute anything of value to a party, committee, organization, agency, or person for political purposes; or
(3) be a candidate for public elective office in a partisan election (which may include some part-time offices of local subdivisions of the State).
NOTE: Employees are personally responsible for ascertaining whether they are eligible for appointment or election to a public office, political party office, or an office of a political organization. Part of this responsibility includes determining whether their positions are funded wholly or partly by loans or grants of an agency of the United States. Unless personally certain that there are no legal impediments, the employee should seek the advice of the appointing authority or the State Merit System before accepting appointment to, or taking any action to further a personal candidacy for, a public office, political party office, or an office of a political organization. (09-23-87/11-12-87)
PAR. 3.502. Employees in the classified service, acting in their capacities as private citizens, may:
A. Register and vote in any election. (12-17-86/12-29-86)
B. Promote and encourage other persons to exercise their right to vote. (12-17-86/12-29-86)
C. Express a personal opinion privately and publicly on political candidates and issues, provided that any public expression does not conflict with any other provision of this rule. (12-17-86/12-29-86)
D. Display a political picture, badge or button as long as such display is not under color of office or position or while on duty or on state property. (12-17-86/12-29-86)
E. Display a political bumper sticker on a privately owned vehicle upon which the State is not paying transportation mileage. (12-17-86/12-29-86)
F. Offer for and hold any elective or appointive office of a political subdivision of the state, political party, or political organization; provided, the office is not full-time, does not conflict with the performance of the employee's official duties, and is not otherwise prohibited by law. (12-17-86/12-29-86) {Authority O.C.G.A. 45-10-70}.
G. Participate in the non-partisan activities of a civic, community, social, professional, employee or similar organization. (12-17-86/12-29-86)
H. Be a member of a political party or other political organization and participate in its activities to the extent permitted by federal and state law and these rules and regulations. (12-17-86/12-29-86)
I. Attend partisan and non-partisan political meetings and rallies as a spectator. (12-17-86/12-29-86)
J. Sign a petition for specific legislative action or to place a candidate's name on an election ballot. (12-17-86/12-29-86)
K. Be active in connection with such questions as constitutional amendments, referenda, approval of municipal ordinances or other questions or issues of a similar character. (12-17-86/12-29-86)
L. Serve as a non-partisan paid worker at the polls in an election. (12-17-86/12-29-86)
M. Participate fully in public affairs in a manner which does not materially compromise their efficiency or integrity as employees, or the neutrality, efficiency or integrity of their agency. (09-23-87/11-12-87)
N. Write a personal letter to a newspaper or other publication expressing a personal view on public issues. (12-17-86/12-29-86)
O. Contribute to a governmental program for financing federal, state or local elections as permitted by federal or state law. (12-17-86/12-29-86)
P. Direct, manage, control, participate in, contribute to and accept contributions for their own campaigns for any office permitted by Par. 3.502.F. (09-23-87/11-12-87)
PAR. 3.503. Any applicant who seeks, uses or attempts to use any coercive political pressure to secure an advantage in the examination for or appointment to any position under the Merit System shall be disqualified for appointment to the position by the Commissioner. (12-17-86/12-29-86)
PAR. 3.504. Any employee in the classified service shall resign from employment or shall be removed therefrom by the appointing authority upon becoming a candidate for any: (1) full-time elective public office of a political subdivision of this state or any other state; (2) full-time elective office of a political party or political organization; (3) elective state office of this state or any other state; (4) elective civil office of the federal government. Candidacy for office shall be conclusively presumed whenever an employee personally engages in any political meetings, canvassing, solicitation of votes, solicitation of campaign funds or in any manner which may reasonably be construed as offering a personal candidacy for office. (09-23-87/11-12-87)
PAR. 3.505. No question in any examination or in any form of application or any other proceedings under the Merit System, or by any employee in the classified service, shall be so framed as to attempt to elicit the political, social or religious affiliations of any applicant, eligible or employee. All voluntary disclosures thereon shall be discountenanced, and there shall be no discrimination because of such opinions or affiliations; provided, however, that this paragraph shall not be construed to prohibit such inquiries, questionnaires or related documents as may be required by the Sedition and Subversive Activities Act of 1953 (Ga. Laws 1953, p. 216, as amended) or other valid federal or state law. (12-17-86/12-29-86)
PAR. 3.506. Any employee in the classified service who violates any of the foregoing provisions of this section shall forfeit employment or be subjected to appropriate disciplinary action as provided elsewhere in these rules and regulations. (09-23-87/11-12-87)
SECTION 3.600. CONFLICTING OFFICE OR EMPLOYMENT PROHIBITED. Amended.
PAR. 3.601. No employee in the classified service shall hold any: (1) full- time elective or appointive public office of a political subdivision of this state or any other state; (2) full-time elective or appointive office of a political party or political organization; (3) elective or appointive state office of this state or any other state; (4) elective or appointive civil office of the federal government while employed by any of the departments under the Merit System; nor shall the employee hold any other office if the duties or responsibilities of such office conflict with the employee's regular duties. (09-23-87/11-12-87)
PAR. 3.602. No classified employee in the executive branch of state government may accept or hold office or employment in the legislative or judicial branch; provided, however, an employee who has taken a leave of absence without pay may serve temporarily as an employee of the legislative branch while it is in session and during the authorized stay-over period. (09-23-87/11-12-87) {Authority O.C.G.A. 16-10-9}.
PAR. 3.603. No employee under the Merit System shall have any other conflicting employment while employed by any of the departments under the Merit System. The determination as to whether a conflict exists shall be made by the appointing authority concerned. (09-23-87/11-12-87)
PAR. 3.604. Any employee in the classified service who violates any of the foregoing provisions of this section shall forfeit employment or be subjected to appropriate disciplinary action as provided elsewhere in these rules and regulations. (09-23-87/11-12-87)
SECTION 3.700. EMPLOYER - EMPLOYEE RELATIONS.
PAR. 3.701. The Commissioner shall establish policies to encourage and enhance the achievement of a well-trained and productive workforce. (11-15-95/01-01-96)
PAR. 3.702. Each department shall establish a formal procedure for the hearing and resolution of employee grievances. Such procedure shall be in accordance with the procedure specified in Rule 21. The appointing authority shall file a copy of the procedure with the Commissioner for approval. (09-25-97/09-25-97)
SECTION 3.800. RECORDS.
PAR. 3.801. Unless specifically exempted by federal or state law, all documents, papers, letters, maps, books, tapes, photographs, computer based or generated information, or similar material prepared and maintained or received in the course of the operation of the State Personnel Board and the State Merit System of Personnel Administration shall be public records. Such records shall be open for a personal inspection by any citizen of this state at a reasonable time and place. (Reference: O.C.G.A. 50-18-70). (06-22-00/07-14-00)
PAR. 3.802. Reserved. (06-22-00/07-14-00)
PAR. 3.803. Reserved. (05-31-89/06-28-89)
PAR. 3.804. The Commissioner shall have access to departmental personnel and payroll records, documents and papers, in whatever form maintained, if the examination will aid in the discharge of the Commissioner's duties. (09-23-87/11-12-87)
PAR. 3.805. The appointing authorities and personnel officers shall have access to personnel files, applications and other records of the Merit System, if the examination will aid in the discharge of their duties; provided, however, that such access shall not be so construed as to impair the confidential nature of examination records or disclose information which would constitute an invasion of personal privacy. (03-24-76/05-17-76)
PAR. 3.806. An employee, upon application, may review the contents of the employee's personnel file and copy or duplicate all or any portion thereof during scheduled office hours. (09-23-87/11-12-87)
PAR. 3.807. No person shall disclose information from the files or records of an employee without the employee's consent unless such disclosure is: (1) necessary for the orderly conduct of operations, (2) required by law or (3) in response to a properly issued subpoena. (03-24-76/05-17-76)
PAR. 3.808. Records of the office of the State Merit System shall be maintained as directed by the Commissioner in accordance with the provisions of the Georgia Records Act (Ga. Laws 1972, p. 1267), as amended, or other prevailing laws. (03-24-76/05-17-76)
PAR. 3.809. Information received or developed by the Merit System staff in performing its counseling function shall be maintained as confidential by the Merit System and shall not be subject to disclosure by the Merit System except as provided in Section 45-20-15 of the Georgia Code. (12-14-84/12-27-84) {Authority O.C.G.A. 45-20-15}
SECTION 3.900. DISCRIMINATION.
PAR. 3.901. No person shall be appointed or promoted to, or demoted or dismissed from, any position under the Merit System, or in any way favored or discriminated against with respect to employment under the Merit System because of political or religious opinions or affiliations; nor shall there be any discrimination in favor of or against any applicant or employee because of race, color, sex, age between 40 and 70 years, disability, or national origin. (Reference: O.C.G.A. 45-20-4; 34-6A-4). (07-27-92/08-06-92)
PAR. 3.902. Any other provision of these rules and regulations to the contrary notwithstanding, the Board may, pursuant to the provisions of a valid consent decree, agreement, order, stipulation or otherwise, authorize appropriate personnel actions to resolve or rectify any past act or alleged act of unlawful discrimination; provided, however, that the Board shall not authorize such actions except on the written request of the appointing authority; and, provided further, the Board shall not authorize such actions unless and until the decree, agreement, order, stipulation or otherwise has been approved in writing as to form and substance by a duly authorized representative of the Office of the Attorney General. The Commissioner shall promptly advise the appointing authority of such actions by the Board. (01-25-79/04-25-79)
PAR. 3.903. Any employee in the classified service who knowingly violates any of the provisions of Par. 3.901 shall forfeit employment or be subjected to appropriate disciplinary action as provided elsewhere in these rules and regulations. (09-23-87/11-12-87)
SECTION 3.1000. Reserved. (12-18-96/01-29-97)
SECTION 3.1100. INVESTIGATION OF FRAUD, WASTE, OR ABUSE IN GOVERNMENT OPERATIONS.
PAR. 3.1101. An appointing authority may receive and investigate complaints of information from any employee concerning the possible existence of any activity constituting fraud, waste, and abuse in or relating to any state program or operation under the jurisdiction of such appointing authority. (07-22-93/07-30-93)
PAR. 3.1102. An appointing authority shall not, after receipt of a complaint or information from a public employee filed in accordance with Par. 3.1101, disclose the identity of the public employee without the written consent of the employee, unless the appointing authority determines such disclosure is necessary and unavoidable during the course of the investigation. In the event that disclosure of the identity of the employee becomes necessary or unavoidable, the employee shall be notified in writing at least seven (7) calendar days prior to such disclosure. (07-22-93/07-30-93)
PAR. 3.1103. No action against any employee shall be taken or threatened by an appointing authority as a reprisal for making a complaint or disclosing information to the appointing authority unless the complaint was made or the information was disclosed with the knowledge that it was false or with willful disregard for its truth or falsity. (07-22-93/07-30-93)
PAR. 3.1104. Any action taken in violation of this section shall give an employee the right to have such action set aside in a proceeding instituted in the superior court of the appropriate jurisdiction. (Reference: O.C.G.A. 45-1-4) (07-22-93/07-30-93)
Authority O.C.G.A. 45-20-3; 45-20-3.1; 45-20-4.
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