reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 125 - Libraries › Article 1A - State Depository Library System. › § 125-11.8 - State Publications Clearinghouse created.

§ 125-11.8. State Publications Clearinghouse created.
(a) A State Publications Clearinghouse is created within the Department of Natural and Cultural Resources, the Division of State Library.
(b) The Clearinghouse shall:
(1) Advise State agencies annually of the number of copies of State publications needed for distribution.
(2) Advise State agencies annually that they are required to submit only five copies of any State publication offered for sale at a price at least high enough to recover production costs.
(3) Receive from State agencies promptly after publication the number of copies of State publications specified, and distribute these to the depository libraries.
(4) Prepare on microfiche one or more copies of each State publication that is printed on paper for reference and interlibrary loan purposes.
(5) Publish a checklist of State publications and distribute the checklist without charge to all requesting North Carolina libraries.
(6) Forward two copies of all State publications that are printed on paper to the Library of Congress. (1987, c. 771, s. 2; 2015-241, s. 14.30(s).)
2023 North Carolina General Statutes › Chapter 125 - Libraries › Article 1A - State Depository Library System. › § 125-11.9 - Powers and duties of the State Library.

§ 125-11.9. Powers and duties of the State Library.
The State Library:
(1) Shall carry out the provisions of this Article.
(2) Develop and maintain standards for depository libraries. The standards shall include the ability to receive, process, organize, retain, and make available State publications and the ability to provide reference assistance and interlibrary loan service for depository publications.
(3) Shall designate depository libraries, taking into account regional distribution and number of persons served, such that State publications will be conveniently accessible to residents in all areas of the State. The State Library may designate at least one library in each congressional district.
(4) May designate as selective depository libraries those institutions that wish to receive less than the full deposit. Selective depository libraries shall meet the same standards for reference and interlibrary loan service as full depository libraries.
(5) May enter into depository contracts with public libraries and community, technical, special, college and university libraries that meet the standards for depository eligibility adopted by the Clearinghouse.
(6) Shall determine how many copies of State publications each State agency must submit for the State depository system. The State Library may permit a State agency to submit fewer copies of a document if the State Library determines that fewer copies are adequate in light of the cost of the document and the projected public interest in the document.
(7) Shall adopt rules to administer the depository program. These rules may include the State Library's priorities and resulting schedules for collecting, maintaining, and making available State publications in various formats. (1987, c. 771, s. 2; 1991, c. 636, s. 14.)
2023 North Carolina General Statutes › Chapter 125 - Libraries › Article 1A - State Depository Library System. › § 125-11.10 - Duties of State agencies.

§ 125-11.10. Duties of State agencies.
(a) State agencies shall send the requested number of copies of each of their publications to the Clearinghouse within 10 days of issuance.
(b) The head of each State agency shall designate a publications officer who shall be responsible for supplying the requested number of copies of each State publication of that agency to the Clearinghouse. Each agency shall notify the Clearinghouse of the identity of its publications officer before October 1, 1987, and within 30 days of any change of publications officer. The publications officer shall supply the Clearinghouse semiannually a complete list of the agency's State publications issued within the previous six months and any other information regarding the publications of the agency requested by the Clearinghouse.
(c) State agencies may request permission from the State Library to submit fewer than the requested number of copies of a document. The request shall include information on the cost of the document and the projected public interest in the document. (1987, c. 771, s. 2.)
2023 North Carolina General Statutes › Chapter 125 - Libraries › Article 1A - State Depository Library System. › § 125-11.11 - Advisory Committee.

§ 125-11.11. Advisory Committee.
The Secretary of Natural and Cultural Resources may appoint an advisory committee of State officials and depository librarians to review and advise on the operation of the depository system. (1987, c. 771, s. 2; 2015-241, s. 14.30(t).)
2023 North Carolina General Statutes › Chapter 125 - Libraries › Article 2 - Interstate Library Compact. › § 125-13 - Political subdivisions to comply with laws governing capital outlay and pledging of credit.

§ 125-13. Political subdivisions to comply with laws governing capital outlay and pledging of credit.
No county, municipality, or other political subdivision of this State shall be party to a library agreement which provides for the construction or maintenance of a library pursuant to Article III, subdivision (c)(7) of the Compact, nor pledge its credit in support of such a library, or contribute to the capital financing thereof, except after compliance with any laws applicable to such counties, municipalities, or other political subdivisions relating to or governing capital outlays and the pledging of credit. (1967, c. 190, s. 2.)
2023 North Carolina General Statutes › Chapter 125 - Libraries › Article 2 - Interstate Library Compact. › § 125-14 - "State library agency" defined.

§ 125-14. "State library agency" defined.
As used in the Compact, "state library agency," with reference to this State, means the Department of Natural and Cultural Resources. (1967, c. 190, s. 3; 1973, c. 476, s. 84; 2015-241, s. 14.30(s).)
2023 North Carolina General Statutes › Chapter 125 - Libraries › Article 2 - Interstate Library Compact. › § 125-15 - State and federal aid to interstate library districts.

§ 125-15. State and federal aid to interstate library districts.
An interstate library district lying partly within this State may claim and be entitled to receive State aid in support of any of its functions to the same extent and in the same manner as such functions are eligible for support when carried on by entities wholly within this State. For the purposes of computing and apportioning State aid to an interstate library district, this State will consider that portion of the area which lies within this State as an independent entity for the performance of the aided function or functions and compute and apportion the aid accordingly. Subject to any applicable laws of this State, such a district also may apply for and be entitled to receive any federal aid for which it may be eligible. (1967, c. 190, s. 4.)
2023 North Carolina General Statutes › Chapter 125 - Libraries › Article 2 - Interstate Library Compact. › § 125-16 - Compact Administrator and deputies.

§ 125-16. Compact Administrator and deputies.
The State Librarian shall be the Compact Administrator pursuant to Article X of the Compact. The State Librarian may appoint one or more deputy Compact Administrators pursuant to said Article. (1967, c. 190, s. 5.)
2023 North Carolina General Statutes › Chapter 125 - Libraries › Article 3 - Library Records. › § 125-18 - Definitions.

§ 125-18. Definitions.
As used in this Article, unless the context requires otherwise:
(1) "Library" means a library established by the State; a county, city, township, village, school district, or other local unit of government or authority or combination of local units of governments and authorities; community college or university; or any private library open to the public.
(2) "Library record" means a document, record, or other method of storing information retained by a library that identifies a person as having requested or obtained specific information or materials from a library. "Library record" does not include nonidentifying material that may be retained for the purpose of studying or evaluating the circulation of library materials in general. (1985, c. 486, s. 2.)
2023 North Carolina General Statutes › Chapter 125 - Libraries › Article 3 - Library Records. › § 125-19 - Confidentiality of library user records.

§ 125-19. Confidentiality of library user records.
(a) Disclosure. – A library shall not disclose any library record that identifies a person as having requested or obtained specific materials, information, or services, or as otherwise having used the library, except as provided for in subsection (b).
(b) Exceptions. – Library records may be disclosed in the following instances:
(1) When necessary for the reasonable operation of the library;
(2) Upon written consent of the user; or
(3) Pursuant to subpoena, court order, or where otherwise required by law. (1985, c. 486, s. 2.)
2023 North Carolina General Statutes › Chapter 126 - North Carolina Human Resources Act › Article 1 - State Human Resources System Established. › § 126-1 - Purpose of Chapter; application to local employees.

§ 126-1. Purpose of Chapter; application to local employees.
It is the intent and purpose of this Chapter to establish for the government of the State a system of personnel administration under the Governor, based on accepted principles of personnel administration and applying the best methods as evolved in government and industry. It is also the intent of this Chapter that this system of personnel administration shall apply to local employees paid entirely or in part from federal funds, except to the extent that local governing boards are authorized by this Chapter to establish local rules, local pay plans, and local personnel systems. It is also the intent of this Chapter to make provisions for a decentralized system of personnel administration, where appropriate, and without additional cost to the State, with the State Human Resources Commission as the policy and rule-making body. The Office of State Human Resources shall make recommendations for policies and rules to the Commission based on research and study in the field of personnel management, develop and administer statewide standards and criteria for good personnel management, provide training and technical assistance to all agencies, departments, and institutions, provide oversight, which includes conducting audits to monitor compliance with established State Human Resources Commission policies and rules, administer a system for implementing necessary corrective actions when the rule, standards, or criteria are not met, and serve as the central repository for State Human Resources system data. The agency, department, and institution heads shall be responsible and accountable for execution of Commission policies and rules for their employees. (1965, c. 640, s. 2; 1997-349, s. 1; 2013-382, s. 9.1(c); 2014-115, s. 55.4(c).)
2023 North Carolina General Statutes › Chapter 126 - North Carolina Human Resources Act › Article 1 - State Human Resources System Established. › § 126-6.2 - Reports.

§ 126-6.2. Reports.
(a) Beginning January 1, 1998, and annually thereafter, the head of each State agency, department, or institution employing State employees subject to the North Carolina Human Resources Act shall report to the Office of State Human Resources on the following:
(1) The costs associated with the defense or settlement of administrative grievances and lawsuits filed by current or former State employees and applicants for State employment, including the costs of settlements, attorneys' fees, litigation expenses, damages, or awards incurred by the respective State agencies, departments, and institutions. The report shall include an explanation of the fiscal impact of these costs upon the operations of the State agency, department, or institution.
(2) Any other human resources functions or actions as may be requested by the Director of the Office of State Human Resources in order for the Office to evaluate the efficiency, productivity, and compliance of a State agency, department, or institution with policies, including, but not limited to, the compensation of State employees, voluntary shared-leave programs, equal employment opportunity plans and programs, and work options programs.
(b) Beginning May 1, 1998, and annually thereafter, the State Human Resources Commission shall report to the Joint Legislative Commission on Governmental Operations on the costs associated with the defense or settlement of lawsuits, and upon request, on the results of any other reports regarding human resources action or functions pursuant to subsection (a) of this section.
(c) Repealed by Session Laws 2013-382, s. 7.5, effective August 21, 2013. (1997-520, s. 8(a)-(c); 2013-382, ss. 7.5, 9.1(c); 2015-260, s. 4.)
2023 North Carolina General Statutes › Chapter 126 - North Carolina Human Resources Act › Article 1 - State Human Resources System Established. › § 126-6.3 - Temporary employment needs of Cabinet and Council of State agencies; use of the Temporary Solutions Program.

§ 126-6.3. Temporary employment needs of Cabinet and Council of State agencies; use of the Temporary Solutions Program.
(a) Use of Temporary Solutions Required for Cabinet Agencies. – Notwithstanding G.S. 126-5 or any other provision of law, all Cabinet agencies that utilize temporary employees to perform work that is not information technology-related shall employ them through the Temporary Solutions Program administered by the Office of State Human Resources. The Director of the Office of State Human Resources may create exceptions to this requirement when doing so would be in the best interests of the State in the sole discretion of the Director. An exception shall be invalid unless it is in writing. Council of State agencies may use the Temporary Solutions Program in the discretion of the agency.
(b) Compliance Monitoring. – The Office of State Human Resources shall monitor the employment of temporary employees by Cabinet and Council of State agencies and shall report biannually to the Joint Legislative Oversight Committee on General Government and to the Fiscal Research Division on agency compliance with this section and policies and rules adopted pursuant to it. Each State agency granted an exception under this section from using the Temporary Solutions Program and any Council of State agency that elected to not use the Temporary Solutions Program shall record the time worked by each temporary employee in the agency, including the number of hours worked per week, number of months worked, and the amount of time the employee was not employed after 11 consecutive months of service with the agency. To the extent possible for temporary employees, agencies shall use BEACON, or the State payroll system that supersedes BEACON, for payroll purposes. If it is not feasible for an agency to use BEACON, or the superseding system for payroll purposes, the agency shall report the information required by this section to the Office of State Human Resources in accordance with guidelines and requirements established by the Director of Temporary Solutions.
(c) Definitions. – For purposes of this section, the following definitions shall apply:
(1) Cabinet agency. – A unit of the executive branch of State government, such as a department, an institution, a division, a commission, a board, or a council that is under the control of the Governor. The term does not include an agency that is under the control of an official who is a member of the Council of State.
(2) Council of State agency. – An agency that is under the control of an official who is a member of the Council of State. (2015-241, s. 26.2(e); 2018-5, s. 26A.2.)
2023 North Carolina General Statutes › Chapter 126 - North Carolina Human Resources Act › Article 2 - Salaries, Promotions, and Leave of State Employees. › § 126-7.3 - Annual compensation surveys.

§ 126-7.3. Annual compensation surveys.
To guide the Governor and the General Assembly in making decisions regarding the compensation of State employees, the Office of State Human Resources shall conduct annual compensation surveys. The Commission shall present the results of the compensation survey to the Appropriations Committees of the House of Representatives and the Senate no later than two weeks after the convening of the legislature in odd-numbered years and May 1st of even-numbered years. (2013-382, ss. 7.9(b), 9.1(c).)
2023 North Carolina General Statutes › Chapter 126 - North Carolina Human Resources Act › Article 2 - Salaries, Promotions, and Leave of State Employees. › § 126-8 - Minimum leave granted State employees.

§ 126-8. Minimum leave granted State employees.
The amount of vacation leave granted to each full-time State employee subject to the provisions of this Chapter shall be determined in accordance with a graduated scale established by the State Human Resources Commission which shall allow the equivalent rate of not less than two weeks' vacation per calendar year, prorated monthly, cumulative to at least 30 days. On December 31 of each year, any State employee who has vacation leave in excess of the allowed accumulation shall have that leave converted to sick leave. Sick leave allowed as needed to such State employees shall be at a rate not less than 10 days for each calendar year, cumulative from year to year. Notwithstanding any other provisions of this section, no full-time State employee subject to the provisions of Chapter 126, as the same appears in the Cumulative Supplement to Volume 3B of the General Statutes, on May 23, 1973, shall be allowed less than the equivalent of three weeks' vacation per calendar year, cumulative to at least 30 days. (1965, c. 640, s. 2; 1973, c. 697, ss. 1, 2; 1975, c. 667, s. 2; 1993, c. 321, s. 73(f); c. 561, s. 18(a); 2013-382, s. 9.1(c).)
2023 North Carolina General Statutes › Chapter 126 - North Carolina Human Resources Act › Article 2 - Salaries, Promotions, and Leave of State Employees. › § 126-8.1 - Paid leave for certain athletic competition.

§ 126-8.1. Paid leave for certain athletic competition.
(a) As used in this section, the term "United States team" includes any group leader, coach, official, trainer, or athlete who is a member of an official United States delegation in Pan American, Olympic or international athletic competition.
(b) Any State employee or public school employee paid by State funds who has been chosen to be a member of a United States team for Pan American, Olympic or international competition shall be granted paid leave, in addition to annual and sick leave that person is otherwise entitled to, for the sole purpose of training for and competing in that competition. The paid leave shall be for the period of the official training camp and competition or 30 days a year, whichever is less.
(c) The Office of State Human Resources may adopt such rules and regulations as are reasonable and necessary to carry out the provisions of this section, with the approval of the Governor. (1979, c. 708; 1983, c. 717, s. 42; 1985, (Reg. Sess., 1986), c. 955, ss. 44, 45; 2006-203, s. 69; 2015-260, s. 5.2.)
2023 North Carolina General Statutes › Chapter 126 - North Carolina Human Resources Act › Article 2 - Salaries, Promotions, and Leave of State Employees. › § 126-8.2 - Replacement of law-enforcement officer on final sick leave.

§ 126-8.2. Replacement of law-enforcement officer on final sick leave.
When a sworn law-enforcement officer employed by the State is on sick leave, and the head of the department employing the officer has obtained a certification from a physician that the officer will not recover and return to duty, a replacement for the officer may be hired even though the resulting number of employees in the department exceeds the number for which an appropriation was made in the Current Operations Appropriations Act, if sufficient funds are available from appropriations to the department for salaries to pay the salary of both the new employee and the officer on sick leave until the officer's accumulated leave is exhausted or his employment is terminated. (1983 (Reg. Sess., 1984), c. 1034, s. 105.)
2023 North Carolina General Statutes › Chapter 126 - North Carolina Human Resources Act › Article 2 - Salaries, Promotions, and Leave of State Employees. › § 126-8.3 - Voluntary shared leave.

§ 126-8.3. Voluntary shared leave.
(a) The State Human Resources Commission, in cooperation with the State Board of Community Colleges and the State Board of Education, shall adopt rules and policies to allow any employee at a State agency to share leave voluntarily with an immediate family member who is an employee of a State agency, community college, or public school; and with a coworker's immediate family member who is an employee of a State agency, community college, or public school. For the purposes of this section, the term "immediate family member" means a spouse, parent, child, brother, sister, grandparent, or grandchild. The term includes the step, half, and in-law relationships. The term "coworker" means that the employee donating the leave is employed by the same agency, department, institution, university, local school administrative unit, or community college as the employee whose immediate family member is receiving the leave.
(b) The State Human Resources Commission shall adopt rules and policies for the voluntary shared leave program to allow an employee at a State agency to donate sick leave to a nonfamily member employee of a State agency. A donor of sick leave to a nonfamily member recipient shall not donate more than five days of sick leave per year to any one nonfamily member recipient. The combined total of sick leave donated to a recipient from nonfamily member donors shall not exceed 20 days per year. Donated sick leave shall not be used for retirement purposes, and employees who donate sick leave shall be notified in writing of the State retirement credit consequences of donating sick leave.
(c) The State Human Resources Commission, the Department of Public Instruction, and the Community Colleges System Office and all State agencies, departments, and institutions shall annually report to the Office of State Human Resources on the voluntary shared leave program. For the prior fiscal year, the report shall include the total number of days or hours of vacation leave and sick leave donated and used by voluntary shared leave recipients and the total cost of the vacation leave and sick leave donated and used. (1999-170, s. 1; 2003-9, s. 1; 2003-284, s. 30.14A(a); 2010-139, ss. 1, 3; 2013-382, ss. 7.8, 9.1(c); 2019-165, s. 3.7.)
2023 North Carolina General Statutes › Chapter 126 - North Carolina Human Resources Act › Article 2 - Salaries, Promotions, and Leave of State Employees. › § 126-8.4 - (See note on condition precedent) No sick leave taken for absences by State employees resulting from adverse reactions to vaccination.

§ 126-8.4. (See note on condition precedent) No sick leave taken for absences by State employees resulting from adverse reactions to vaccination.
(a) Absence from work by an employee shall not count against the employee's sick leave, and the employee's salary shall continue during the absence when the employee receives in employment vaccination against smallpox incident to the Administration of Smallpox Countermeasures by Health Professionals, section 304 of the Homeland Security Act, Pub. L. No. 107-296 (Nov. 25, 2002) (to be codified at 42 U.S.C. § 233(p)) and the absence is due to the employee having an adverse medical reaction resulting from the vaccination. The provisions of this subsection shall apply for a maximum of 480 employment hours. The employing department, agency, institution, or entity may require the employee to obtain certification from a health care provider justifying the need for leave after the first 24 hours of leave taken pursuant to this subsection.
(b) Absence from work by an employee shall not count against the employee's sick leave, and the employee's salary shall continue during the absence when the employee is permanently or temporarily living in the home of a person who receives in employment vaccination against smallpox incident to the Administration of Smallpox Countermeasures by Health Professionals, section 304 of the Homeland Security Act, Pub. L. No. 107-296 (Nov. 25, 2002) (to be codified at 42 U.S.C. § 233(p)) and the absence is due to (i) the employee having an adverse medical reaction resulting from exposure to the vaccinated person, or (ii) the need to care for the vaccinated person who has an adverse medical reaction resulting from the vaccination. The provisions of this subsection shall apply for a maximum of 480 employment hours. The employing department, agency, institution, or entity may require the employee to obtain certification from a health care provider justifying the need for leave after the first 24 hours of leave taken pursuant to this subsection.
(c) Notwithstanding any other provisions of this Chapter, this section applies to all State employees. (2003-169, s. 4.)
2023 North Carolina General Statutes › Chapter 126 - North Carolina Human Resources Act › Article 2 - Salaries, Promotions, and Leave of State Employees. › § 126-8.6 - Paid parental leave.

§ 126-8.6. Paid parental leave.
(a) Definitions. – The following definitions apply in this section:
(1) Child. – A newborn biological child or a newly placed adopted, foster, or otherwise legally placed child under the age of 18 whose parent is a State employee eligible for leave under subsection (b) of this section.
(2) Parent. – Includes a parent by adoption, foster care, or another legal placement.
(3) Qualifying event. – When a State employee becomes a parent to a child.
(b) Paid Parental Leave. – The State Human Resources Commission shall adopt rules and policies to provide that a permanent, probationary, or time-limited full-time State employee may take the following paid parental leave:
(1) Up to eight weeks of paid leave after giving birth to a child; or
(2) Up to four weeks of paid leave after any other qualifying event.
(c) Part-Time Employees. – The State Human Resources Commission shall adopt rules and policies to provide that a permanent, probationary, or time-limited part-time State employee may take a prorated amount of paid leave after giving birth, not to exceed eight weeks, or paid leave after any other qualifying event, not to exceed four weeks, in addition to any other leave available to the employee.
(c1) The State Human Resources Commission shall adopt rules and policies providing for a period of minimum service before an employee becomes eligible for parental leave, the maximum number of uses of paid parental leave within a 12-month period, and how much leave is to be provided in the event of miscarriage or the death of a child during birth.
(d) Requirements. – The paid parental leave authorized by this section:
(1) Is available without exhaustion of the employee's sick and vacation leave and is awarded in addition to shared leave under G.S. 126-8.3, or other leave authorized by State or federal law.
(2) Has no cash value upon termination from employment.
(3) May not be used for calculating an employee's retirement benefits.
(e) The provisions of this section shall apply to employees of State agencies, departments, and institutions, including The University of North Carolina; to public school employees; and to community college employees. The appropriate governing board, officer, or entity shall adopt rules and policies to award paid parental leave to employees that are substantially equivalent to those adopted by the State Human Resources Commission. (2023-14, s. 5.1(a); 2023-65, s. 13A.1(a).)
2023 North Carolina General Statutes › Chapter 126 - North Carolina Human Resources Act › Article 3 - Local Discretion as to Local Government Employees. › § 126-9 - County or municipal employees may be made subject to rules adopted by local governing body.

§ 126-9. County or municipal employees may be made subject to rules adopted by local governing body.
(a) When a board of county commissioners adopts rules and regulations governing annual leave, sick leave, hours of work, holidays, and the administration of the pay plan for county employees generally and the county rules and regulations are filed with the Director of the Office of State Human Resources, the county rules will supersede the rules adopted by the State Human Resources Commission as to the county employees otherwise subject to the provisions of this Chapter.
(b) No county employees otherwise subject to the provisions of this Chapter may be paid a salary less than the minimum nor more than the maximum of the applicable salary range adopted in accordance with this Chapter without approval of the State Human Resources Commission. Provided, however, that subject to the approval of the State Human Resources Commission, a board of county commissioners may adjust the salary ranges applicable to employees who are otherwise subject to the provisions of this Chapter, in order to cause the level of pay to conform to local financial ability and fiscal policy. The State Human Resources Commission shall adopt policies and regulations to ensure that significant relationships within the schedule of salary ranges are maintained.
(c) When two or more counties are combined into a district for the performance of an activity whose employees are subject to the provisions of this Chapter, the boards of county commissioners of the counties may jointly exercise the authority hereinabove granted in subsections (a) and (b) of this section.
(d) When a municipality is performing an activity by or through employees which are subject to the provisions of this Chapter, the governing body of the municipality may exercise the authority hereinabove granted in subsections (a) and (b) of this section. (1965, c. 640, s. 2; 1975, c. 667, s. 2; 2013-382, s. 9.1(c).)
2023 North Carolina General Statutes › Chapter 126 - North Carolina Human Resources Act › Article 3 - Local Discretion as to Local Government Employees. › § 126-10 - Personnel services to local governmental units.

§ 126-10. Personnel services to local governmental units.
The State Human Resources Commission may make the services and facilities of the Office of State Human Resources available upon request to the political subdivisions of the State. The State Human Resources Commission may establish reasonable charges for the service and facilities so provided, and all funds so derived shall be deposited in the State treasury to the credit of the general fund. (1965, c. 640, s. 2; 1975, c. 667, ss. 2, 12; 2013-382, s. 9.1(c).)
2023 North Carolina General Statutes › Chapter 126 - North Carolina Human Resources Act › Article 4 - Competitive Service. › § 126-12 - Governor and Council of State to determine competitive service.

§ 126-12. Governor and Council of State to determine competitive service.
The Governor, with the approval of the Council of State, shall from time to time determine for which, if any of the positions subject to the provisions of Article 1 of this Chapter, appointments and promotions shall be based on a competitive system of selection. (1965, c. 640, s. 2.)
2023 North Carolina General Statutes › Chapter 126 - North Carolina Human Resources Act › Article 5 - Political Activity of Employees. › § 126-13 - Appropriate political activity of State employees defined.

§ 126-13. Appropriate political activity of State employees defined.
(a) As an individual, each State employee retains all the rights and obligations of citizenship provided in the Constitution and laws of the State of North Carolina and the Constitution and laws of the United States of America; however, no State employee subject to the North Carolina Human Resources Act or temporary State employee shall:
(1) Take any active part in managing a campaign, or campaign for political office or otherwise engage in political activity while on duty or within any period of time during which he is expected to perform services for which he receives compensation from the State;
(2) Otherwise use the authority of his position, or utilize State funds, supplies or vehicles to secure support for or oppose any candidate, party, or issue in an election involving candidates for office or party nominations, or affect the results thereof.
(b) No head of any State department, agency, or institution or other State employee exercising supervisory authority shall make, issue, or enforce any rule or policy the effect of which is to interfere with the right of any State employee as an individual to engage in political activity while not on duty or at times during which he is not performing services for which he receives compensation from the State. A State employee who is or may be expected to perform his duties on a twenty-four hour per day basis shall not be prevented from engaging in political activity except during regularly scheduled working hours or at other times when he is actually performing the duties of his office. The willful violation of this subdivision shall be a Class 1 misdemeanor. (1967, c. 821, s. 1; 1985, c. 469, s. 1; c. 617, s. 5; 1993, c. 539, s. 930; 1994, Ex. Sess., c. 24, s. 14(c); 2013-382, s. 9.1(c).)
2023 North Carolina General Statutes › Chapter 126 - North Carolina Human Resources Act › Article 5 - Political Activity of Employees. › § 126-14 - Promise or threat to obtain political contribution or support.

§ 126-14. Promise or threat to obtain political contribution or support.
(a) It is unlawful for a State employee or a person appointed to State office, other than elective office or office on a board, commission, committee, or council whose function is advisory only, whether or not subject to the North Carolina Human Resources Act, to coerce:
(1) a State employee subject to the North Carolina Human Resources Act,
(2) a probationary State employee,
(3) a temporary State employee, or
(4) an applicant for a position subject to the North Carolina Human Resources Act
to support or contribute to a political candidate, political committee as defined in G.S. 163-278.6, or political party or to change the party designation of the individual's voter registration by threatening that change in employment status or discipline or preferential personnel treatment will occur with regard to an individual listed in subdivisions (1) through (4) of this subsection.
(a1) It is unlawful for an individual as defined in G.S. 138A-3(70)a. to coerce a person as described in G.S. 138A-32(d)(1), (2), or (3) to support or contribute to a political candidate, a political committee as defined in G.S. 163-278.6, or a political party by threatening discipline or promising preferential treatment with regard to that person's business with the individual's State office or that person's activities regulated by the individual's State office.
(b) Any person violating this section shall be guilty of a Class 2 misdemeanor.
(c) A State employee subject to the North Carolina Human Resources Act, probationary State employee, or temporary State employee who without probable cause falsely accuses a State employee or a person appointed to State office of violating this section shall be subject to discipline or change in employment status in accordance with the provisions of G.S. 126-35, 126-37, and 126-38 and may, as otherwise provided by law, be subject to criminal penalties for perjury or civil liability for libel, slander, or malicious prosecution. (1967, c. 821, s. 1; 1985, c. 469, s. 2; 1991, c. 505, s. 1; 1993, c. 539, s. 931; 1994, Ex. Sess., c. 24, s. 14(c); 2010-169, s. 1(a); 2013-382, s. 9.1(c); 2017-6, s. 3; 2018-146, ss. 3.1(a), (b), 6.1.)
2023 North Carolina General Statutes › Chapter 126 - North Carolina Human Resources Act › Article 5 - Political Activity of Employees. › § 126-14.1 - Threat to obtain political contribution or support.

§ 126-14.1. Threat to obtain political contribution or support.
(a) It is unlawful for any person to coerce:
(1) a State employee subject to the North Carolina Human Resources Act,
(2) a probationary State employee,
(3) a temporary State employee, or
(4) an applicant for a position subject to the North Carolina Human Resources Act
to support or contribute to a political candidate, political committee as defined in G.S. 163-278.6, or political party or to change the party designation of his voter registration by explicitly threatening that change in employment status or discipline or preferential personnel treatment will occur with regard to any person listed in subdivisions (1) through (3) of this subsection.
(b) Any person violating this section shall be guilty of a Class 2 misdemeanor.
(c) A State employee subject to the North Carolina Human Resources Act, probationary State employee, or temporary State employee, who without probable cause falsely accuses a person of violating this section shall be subject to discipline or change in employment status in accordance with the provisions of G.S. 126-34.02 and may, as otherwise provided by law, be subject to criminal penalties for perjury or civil liability for libel, slander, or malicious prosecution. (1985, c. 469, s. 3; 1991, c. 505, s. 2; 1993, c. 539, s. 932; 1994, Ex. Sess., c. 24, s. 14(c); 2013-382, ss. 6.3, 9.1(c); 2017-6, s. 3; 2018-146, ss. 3.1(a), (b), 6.1.)
2023 North Carolina General Statutes › Chapter 126 - North Carolina Human Resources Act › Article 5 - Political Activity of Employees. › § 126-14.2 - Political hirings limited.

§ 126-14.2. Political hirings limited.
(a) It is the policy of this State that State departments, agencies, and institutions select from the pool of the most qualified persons for State government employment based upon job-related qualifications of applicants for employment using fair and valid selection criteria.
(b) All State departments, agencies, and institutions shall select from the pool of the most qualified persons for State government employment without regard to political affiliation or political influence. For the purposes of this section, "qualified persons" shall mean each of the State employees or applicants for initial State employment who:
(1) Have timely applied for a position in State government;
(2) Have the essential qualifications for that position; and
(3) Are determined to be substantially more qualified as compared to other applicants for the position, after applying fair and valid job selection criteria, in accordance with G.S. 126-5(e), G.S. 126-7.1, Articles 6 and 13 of this Chapter, and State personnel policies approved by the State Human Resources Commission.
(c) It is a violation of this section if:
(1) The complaining State employee or applicant for initial State employment timely applied for the State government position in question;
(2) The complaining State employee or applicant for initial State employment was not hired into the position;
(3) The complaining State employee or applicant for initial State employment was among the most qualified persons applying for the position as defined in this Chapter;
(4) The successful applicant for the position was not among the most qualified persons applying for the position; and
(5) The hiring decision was based upon political affiliation or political influence.
(d) The provisions of this section shall not apply to positions exempt from this Chapter, except that this section does apply to exempt managerial positions as defined by G.S. 126-5(b)(2). (1997-520, s. 1; 2013-382, s. 9.1(c); 2014-115, s. 55.3(b); 2015-260, s. 5.3; 2017-57, s. 35.18.)
2023 North Carolina General Statutes › Chapter 126 - North Carolina Human Resources Act › Article 5 - Political Activity of Employees. › § 126-14.3 - Open and fair competition.

§ 126-14.3. Open and fair competition.
The State Human Resources Commission shall adopt rules or policies to:
(1) Assure recruitment, selection, and hiring procedures that encourage open and fair competition for positions in State government employment and that encourage the hiring of a diverse State government workforce.
(2) Assure the proper and thorough advertisement of job openings in State government employment and lengthen, as appropriate, the period for submitting applications for State government employment.
(3) Require that a closing date shall be posted for each job opening, unless an exception for critical classifications has been approved by the State Human Resources Commission.
(4) Require that timely written notice shall be provided to each unsuccessful applicant for State employment who is in the pool of the most qualified applicants for a position, as defined by G.S. 126-14.2(b).
(5) Assure that State departments, agencies, and institutions follow similar selection processes when hiring State employees in accordance with this Chapter.
(6) Assure that State supervisory and management personnel, and personnel professionals, receive adequate training and continuing education to carry out the State's policy of hiring from among the most qualified persons.
(7) Establish a monitoring system to measure the effectiveness of State agency personnel procedures to promote fairness and reduce adverse impact on all demographic groups in the State government workforce.
(8) Otherwise implement the State's policy of nonpolitical hiring practices in accordance with this Chapter. (1997-520, s. 1; 2013-382, s. 9.1(c).)
2023 North Carolina General Statutes › Chapter 126 - North Carolina Human Resources Act › Article 5 - Political Activity of Employees. › § 126-14.5 - Compelled speech prohibited.

§ 126-14.5. Compelled speech prohibited.
(a) Each State agency, department, and institution shall comply with the following:
(1) Refrain from soliciting or requiring an applicant for employment to endorse or opine about beliefs, affiliations, ideals, or principles regarding matters of contemporary political debate or social action as a condition of employment.
(2) Refrain from soliciting or requiring an applicant for employment to describe the applicant's actions in support of, or in opposition to, the beliefs, affiliations, ideals, or principles identified in subdivision (1) of this subsection.
(b) Nothing in subsection (a) shall infringe on the ability of an applicant for employment to voluntarily opine or speak regarding any matter, including matters of contemporary political debate or social action.
(c) No application for employment shall inquire into matters prohibited as compelled speech under this section.
(d) Nothing in this section shall be construed to:
(1) Prohibit discussion with or questions to an applicant regarding the content of the applicant's resume, curriculum vitae, or other written work or oral remarks.
(2) Affect the ability of the prospective employing agency from complying with applicable federal or State law, including employment oaths, appointment affidavits, and licensure and certification requirements.
(3) Apply to speech protected by the First Amendment of the U.S. Constitution. (2023-62, s. 1(a).)
2023 North Carolina General Statutes › Chapter 126 - North Carolina Human Resources Act › Article 5 - Political Activity of Employees. › § 126-14.6 - Ensuring dignity and nondiscrimination in State government workplaces.

§ 126-14.6. Ensuring dignity and nondiscrimination in State government workplaces.
(a) The General Assembly finds that Article I, Section 1 of the Constitution of this State recognizes the equality and rights of all persons. Therefore, it is the intent of the General Assembly that State employees respect the dignity of others, acknowledge the right of others to express differing opinions, and the right to freedom of speech and association and that State agencies employ training methods and procedures to further that intent.
(b) For the purposes of this section, "promote" shall mean compelling State employees to affirm or profess belief in the concepts described in subsection (c) of this section.
(c) The concepts listed in this subsection shall not be promoted in State government workplaces or included as part of any State employee training program:
(1) One race or sex is inherently superior to another race or sex.
(2) An individual, solely by virtue of his or her race or sex, is inherently racist, sexist, or oppressive.
(3) An individual should be discriminated against or receive adverse treatment solely or partly because of his or her race or sex.
(4) An individual's moral character is necessarily determined by his or her race or sex.
(5) An individual, solely by virtue of his or her race or sex, bears responsibility for actions committed in the past by other members of the same race or sex.
(6) Any individual, solely by virtue of his or her race or sex, should feel discomfort, guilt, anguish, or any other form of psychological distress.
(7) A meritocracy is inherently racist or sexist.
(8) The United States was created by members of a particular race or sex for the purpose of oppressing members of another race or sex.
(9) The United States government should be violently overthrown.
(10) Particular character traits, values, moral or ethical codes, privileges, or beliefs should be ascribed to a race or sex or to an individual because of the individual's race or sex.
(11) The rule of law does not exist, but instead is a series of power relationships and struggles among racial or other groups.
(12) All Americans are not created equal and are not endowed by their Creator with certain unalienable rights, including life, liberty, and the pursuit of happiness.
(13) Governments should deny to any person within the government's jurisdiction the equal protection of the law.
(d) Nothing in this section prevents a private contractor who provides training to State employees from responding to questions that are raised by participants in the training and which pertain to the concepts in subsection (c) of this section. However, the private contractor must make it clear that the State government employer does not endorse those concepts.
(e) This section does not apply to speech protected by the First Amendment of the U.S. Constitution. (2023-62, s. 2(a).)
2023 North Carolina General Statutes › Chapter 126 - North Carolina Human Resources Act › Article 5 - Political Activity of Employees. › § 126-15 - Disciplinary action for violation of Article.

§ 126-15. Disciplinary action for violation of Article.
Failure to comply with this Article is grounds for disciplinary action which, in case of deliberate or repeated violation, may include dismissal or removal from office. (1967, c. 821, s. 1.)
2023 North Carolina General Statutes › Chapter 126 - North Carolina Human Resources Act › Article 6 - Equal Employment and Compensation Opportunity; Assisting in Obtaining State Employment. › § 126-16 - Equal opportunity for employment and compensation by State departments and agencies and local political subdivisions.

§ 126-16. Equal opportunity for employment and compensation by State departments and agencies and local political subdivisions.
All State agencies, departments, and institutions and all local political subdivisions of North Carolina shall give equal opportunity for employment and compensation, without regard to race, religion, color, national origin, sex, age, disability, or genetic information to all persons otherwise qualified. (1971, c. 823; 1975, c. 158; 1977, c. 866, s. 7; 1979, c. 862, s. 3; 1983 (Reg. Sess., 1984), c. 1116, s. 111; 1985, c. 571, s. 2; 1991, c. 65, s. 6; 2013-382, s. 7.1.)
2023 North Carolina General Statutes › Chapter 126 - North Carolina Human Resources Act › Article 6 - Equal Employment and Compensation Opportunity; Assisting in Obtaining State Employment. › § 126-16.1 - Equal employment opportunity training.

§ 126-16.1. Equal employment opportunity training.
Each State agency, department, and institution and The University of North Carolina shall enroll each newly appointed supervisor or manager within one year of appointment in the Equal Employment Opportunity training offered or approved by the Office of State Human Resources. (1991, c. 416, s. 1; 2013-382, ss. 7.2, 9.1(c).)