(1)
Establishment and Membership of the Board:
Article IV, Section III, Paragraph I of the Constitution of the
State of Georgia establishes a State Personnel Board. The Board provides
direction by which the State's personnel policies are administered, and may be
vested with such additional powers and duties as provided by law.
The Board consists of five members appointed by the Governor
for five-year terms, subject to confirmation by the Senate. Members shall serve
until their successors are appointed and qualified. Vacancies arising from
death or resignation shall remain vacant until such time that a successor is
appointed and qualified. A member of the State Personnel Board may not be
employed in any other capacity in state government.
(2)
Applicability:
Rules adopted by the State Personnel Board and approved by the
Governor have the force and effect of law and apply to departments and agencies
as defined in Section 45-20-2 of the Georgia Code.
(3)
Organization of the Board:
(a) The Board shall, at the last regular
meeting of each calendar year or at such time as the chair may determine, elect
one member to act as chair for a term of one year, or until a successor is duly
elected. At the same meeting, 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 or her absence.
If the office of chair or vice-chair is vacated because of death or
resignation, or in any other manner, the Board, at its next regular meeting,
shall elect a successor, who shall serve for the unexpired term.
(b) At the last regular meeting of each
calendar year or at such time as the chair may determine, the Board shall
establish a schedule of the dates and meeting times for the regular Board
meetings 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 Department
of Administrative Services; however, the chair may cancel or postpone, or
change the time, date, and place of any meeting, when deemed necessary. Board
members, the Commissioner, appointing authorities, and other appropriate
parties shall be notified of the meetings as required by law, at least ten (10)
days prior to the meetings.
(c)
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 state
law.
(d) 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.
(e) 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 teleconference, provided that such meeting is conducted as
required by Code Section 50-14-1.
(f) 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.
(g) The minutes of each Board meeting shall
include the time and place of the meeting, 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. 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.
(h) All decisions,
opinions, recommendations and other pertinent matters resulting from a hearing
or investigation conducted by the Board, including the votes of each member
except when the acts are unanimous, shall be recorded and filed as a part of
its proceedings with the minutes.
(i) 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.
(4)
Functions, Powers, and Duties of the Board; Compensation of
Members:
(a) The Board shall hold
regular meetings at such times as the Chair may determine and may hold
additional meetings as may be required for the proper discharge of its duties.
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 Rules of the State Personnel Board.
2. At public hearings, to adopt and amend
policies, rules, and regulations effectuating state personnel administration,
subject to approval of the Governor.
3. To review adverse personnel actions for
employees of the classified service where the Board deems a review appropriate.
All appeals determinations of the Board shall be written and documented as to
findings of fact, bases for decisions, and prescribed remedies.
4. To assure the administration of state and
federal laws relating to state personnel administration.
5. To promote public understanding of the
purposes, policies, and practices of state personnel administration and to
advise and assist state departments in securing the interest of institutions of
learning and of civic, professional, and other organizations in the improvement
of personnel standards.
6. To adopt
and promulgate rules and regulations for the administration of the program for
certification of medical and physical fitness of state employees and to perform
such other actions as may be required to administer the program.
7. To adopt and promulgate rules and
regulations for administration of meritorious award programs, incentive
compensation plans, goal-based plans, and the employee suggestion program and
to perform such other actions as may be required to administer the
programs.
8. To perform such other
actions as may be required by law.
(b) 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.