reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 120 - Mississippi State Employee Handbook › Chapter 9 - MISSISSIPPI EMPLOYEE APPEALS BOARD Purpose › Section 27-120-9.7 - FILING OF PLEADINGS AND OTHER DOCUMENTS; COPIES TO BE MADE AVAILABLE

Current through June 25, 2024
A. All pleadings,
				briefs, requests, and other correspondence shall be filed with the
				Administrative Office. When an appeal is filed, the Administrative Office shall
				assign it a docket number.
B. All
				pleadings and other documents filed in the appeal shall be entered on a docket
				to be maintained by the Administrative Office. The Administrative Office shall
				make a notation of the filing date on all such pleadings and other
				documents.
C. Copies of any and all
				pleadings, briefs and requests filed by any party to an appeal must be served
				on every other party or his or her attorney. All such documents must contain a
				certification executed by the serving party identifying the parties served, the
				manner of service and the date of service.
D. All pleadings, briefs, and requests filed
				by any party to an appeal must be signed by such party or his or her attorney
				and must specify the assigned docket number.
E. Obligation to Protect Sensitive and
				Private Information
1. Parties and their
				counsel shall refrain from including, or shall partially redact where inclusion
				is necessary and relevant to the case, the following personal data identifiers
				from all pleadings and other papers filed with the tribunal, including exhibits
				thereto, whether filed electronically or in paper, unless otherwise ordered by
				the tribunal or except where otherwise specifically required by rule or
				statute:
a. Social Security numbers: If an
				individual's social security number must be included in a pleading, only the
				last four digits of that number should be used.
b. Names of minor children: If the
				involvement of a minor child must be mentioned, only the initials of that child
				should be used.
c. Dates of birth:
				If an individual's date of birth must be included in a pleading, only the year
				should be used.
d. Financial
				account numbers: If financial account numbers are relevant, only the last four
				digits of those numbers should be used.
e. Health Information Portability and
				Accountability Act protected information in which the records do not belong to
				a party.
f. Any confidential agency
				records or information protected under Federal law or regulation for a specific
				agency due to their federal funding guidelines.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 120 - Mississippi State Employee Handbook › Chapter 9 - MISSISSIPPI EMPLOYEE APPEALS BOARD Purpose › Section 27-120-9.8 - ADMINISTRATIVE OFFICE

Current through June 25, 2024
A. When an appeal
				is filed, the Administrative Office shall give notice to the employing agency
				and any other appropriate party within five working days.
B. The Administrative Office will give notice
				to the parties of any orders, including those for prehearings, hearings, and
				motions at their last known mailing address or through email. It shall be the
				duty and responsibility of each party to inform the Administrative Office of
				any change of address and provide the mailing address or email address to which
				future notices and communications should be directed. All correspondence shall
				be conducted through email unless otherwise requested by a party.
C. The Administrative Office may create and
				disseminate forms to expedite the appeals process and assist the
				parties.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 120 - Mississippi State Employee Handbook › Chapter 9 - MISSISSIPPI EMPLOYEE APPEALS BOARD Purpose › Section 27-120-9.9 - ASSIGNMENT OF CASES; SCHEDULING OF PREHEARING CONFERENCE

Current through June 25, 2024
A. The
				Administrative Office shall assign cases to the hearing officers in a manner
				that is most efficient and effective to hear and decide cases.
B. When, in the opinion of the hearing
				officer, pending appeals involve a common question of law or fact, he or she
				may, on his or her own motion or upon motion of a party, order that the appeals
				be consolidated.
C. When, in the
				opinion of the hearing officer, the issues and circumstances of an appeal
				warrant that the hearing be conducted before the three hearing officers en banc
				instead of a single hearing officer, he or she may issue an order or notice to
				that effect.
D. Once a case is
				filed, prehearing conferences may be held at the discretion of the presiding
				hearing officer to simplify the issues, procedures, and evidence in order to
				fairly hear and decide the case.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 120 - Mississippi State Employee Handbook › Chapter 9 - MISSISSIPPI EMPLOYEE APPEALS BOARD Purpose › Section 27-120-9.10 - PREHEARING CONFERENCE AND ORDER

Current through June 25, 2024
When a prehearing conference is conducted, the presiding
				  hearing officer may order from the parties any such matters as may resolve,
				  simplify and/or expedite the appeal, including but not limited to a prehearing
				  statement, dispositive motions, and statements regarding possible settlement,
				  and may order any other preliminary matter be brought forward at that time at
				  the discretion of the presiding hearing officer. After a prehearing conference,
				  the presiding hearing officer may issue a prehearing order, if appropriate. Any
				  such order must be issued within ten (10) days of the prehearing
				  conference.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 120 - Mississippi State Employee Handbook › Chapter 9 - MISSISSIPPI EMPLOYEE APPEALS BOARD Purpose › Section 27-120-9.11 - MOTIONS

Current through June 25, 2024
A. Parties may file
				written motions, including requests for continuance, with the Administrative
				Office. The request must state the grounds, whether the party desires a
				hearing, and any relief requested. The other parties shall have ten (10) days
				after service of the motion on the parties to respond to such motion. The
				presiding hearing officer assigned to the case will promptly act upon the
				request. After a Motion is filed, it is at the presiding hearing officer's
				discretion whether to hold a hearing on the Motion. The presiding hearing
				officer may rule on Motions without holding a hearing. Motions not filed in a
				timely manner pursuant to this rule will be heard only at the discretion of the
				presiding hearing officer.
B.
				Motions for continuance and Motions to Amend the Notice of Appeal will be
				granted only for good cause or upon the agreement of both parties.
C. No party shall be granted more than one
				motion for continuance except in the case of extreme emergency or unusual
				hardship, as determined by the presiding hearing officer. Except for
				extraordinary reasons, motions for continuance may not be filed any later than
				fourteen days before the scheduled hearing.
D. For purposes of this rule, requests for
				subpoenas and subpoenas duces tecum shall be considered motions.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 120 - Mississippi State Employee Handbook › Chapter 9 - MISSISSIPPI EMPLOYEE APPEALS BOARD Purpose › Section 27-120-9.12 - WITNESSES

Current through June 25, 2024
A. Each party shall
				file a list of witnesses such party may call to testify at the hearing. Each
				party must file a witness list in compliance with this rule no later than ten
				(10) days prior to the date of the hearing. The list shall contain for each
				witness:
i. Name;
ii. Employer;
iii. Street address of employer;
				and,
iv. Brief summary of testimony
				to be given.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 120 - Mississippi State Employee Handbook › Chapter 9 - MISSISSIPPI EMPLOYEE APPEALS BOARD Purpose › Section 27-120-9.13 - SUBPOENAS

Current through June 25, 2024
A. The presiding
				hearing officer shall have the authority to issue subpoenas in connection with
				a hearing.
B. To compel the
				attendance of a witness, or witnesses, any party to an appeal may file with the
				Administrative Office a written Request for Issuance of Subpoenas. Each request
				shall contain for each witness:
i.
				Name;
ii. Street address where the
				witness may be readily found for service of the subpoena (If the only available
				address is a route number or box number, the party requesting the subpoena must
				provide complete and accurate directions for locating the witness.);
				and,
iii. Brief statement
				supporting the relevance and materiality of the testimony of the witness to the
				appeal.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 120 - Mississippi State Employee Handbook › Chapter 9 - MISSISSIPPI EMPLOYEE APPEALS BOARD Purpose › Section 27-120-9.14 - WITHDRAWALS AND DISMISSALS

Current through June 25, 2024
A. An appeal may be
				withdrawn by the appellant at any time prior to the issuance of a decision of
				the presiding hearing officer before whom the matter is pending. A request for
				withdrawal of an appeal shall be stated in the record of the proceeding, or
				shall be submitted in writing to the Administrative Office. Such a withdrawal
				shall have the same effect as a dismissal of the appeal.
B. In cases where there has been no action of
				record during the preceding six months, the Administrative Office shall mail
				notice to the parties or attorneys of record that such case will be dismissed
				by the presiding hearing officer for want of prosecution unless within thirty
				days following said mailing, action of record is taken or an application in
				writing is made to the presiding hearing officer and good cause shown why it
				should be continued as a pending case. If action of record is not taken or good
				cause is not shown, the presiding hearing officer may dismiss the case for want
				of prosecution.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 120 - Mississippi State Employee Handbook › Chapter 9 - MISSISSIPPI EMPLOYEE APPEALS BOARD Purpose › Section 27-120-9.15 - FAILURE TO APPEAR AT HEARING

Current through June 25, 2024
If any party, without good cause, fails to appear at a
				  hearing, the presiding hearing officer may find in favor of the opposing party
				  and dismiss the appeal with prejudice.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 120 - Mississippi State Employee Handbook › Chapter 9 - MISSISSIPPI EMPLOYEE APPEALS BOARD Purpose › Section 27-120-9.16 - CONDUCT OF HEARING

Current through June 25, 2024
A. The hearing is
de novo
, affording the appealing party all procedural due
				process.
B. The responding agency
				may have a representative, in addition to its attorney, remain in the hearing
				room during the entire course of the hearing, even though the representative
				may testify. The appealing party may remain in the hearing room throughout the
				hearing. The presiding hearing officer has authority to control the presence of
				witnesses in the hearing location.
C. The presiding hearing officer is
				authorized to administer oaths and affirmations and will take testimony under
				such oaths and affirmations.
D.
				Parties may be represented by counsel licensed to practice in
				Mississippi.
E. The presiding
				hearing officer will afford the parties, witnesses, and representatives respect
				and fairness consistent with their duty to maintain decorum and exercise due
				diligence.
F. The presiding hearing
				officer is authorized to sanction parties and representatives for inappropriate
				behavior and failure to follow these rules. Such sanctions include but are not
				limited to: default judgment, taking a negative inference, or limiting
				evidence, provided his or her reasons for taking such action are in the
				record.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 120 - Mississippi State Employee Handbook › Chapter 9 - MISSISSIPPI EMPLOYEE APPEALS BOARD Purpose › Section 27-120-9.17 - EVIDENCE

Current through June 25, 2024
A. Hearings shall
				be informal, and technical rules of evidence and civil procedure shall be
				relaxed.
B. All witnesses shall
				testify under oath and shall be subject to cross- examination.
C. All parties shall have the opportunity to
				respond and present evidence and argument on all relevant issues. All relevant
				evidence is admissible, but the presiding hearing officer may exclude evidence
				if its probative value is outweighed by the danger of unfair prejudice, by
				confusion of the issues, or by considerations of undue delay, waste of time, or
				needless presentation of cumulative evidence. The presiding hearing officer
				shall exercise reasonable control over the manner and order of cross-examining
				witnesses and presenting evidence to make the cross-examination and
				presentation effective for ascertaining the truth, avoiding needless
				consumption of time, and protecting witnesses from harassment or undue
				embarrassment.
D. In the appeal of
				formal disciplinary action, the presiding hearing officer shall hear or receive
				evidence on only those reasons and allegations contained in the responding
				agency's formal disciplinary notice to the employee of such action.
E. Documents received into evidence by the
				presiding hearing officer shall be marked by him or her, or under his or her
				direction, and filed for the record of the appeal.
F. Rebuttal and surrebuttal evidence may be
				heard in the discretion of the presiding hearing officer.
G. Summations of the evidence and the law may
				be heard in the discretion of the presiding hearing officer.
H. The record shall be considered closed five
				(5) working days after the conclusion of the hearing, and no additional
				evidence or documentation shall be submitted.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 120 - Mississippi State Employee Handbook › Chapter 9 - MISSISSIPPI EMPLOYEE APPEALS BOARD Purpose › Section 27-120-9.18 - ORDER OF PROOF; BURDEN OF PROOF

Current through June 25, 2024
A. At the hearing,
				the matter should be heard as directed by the presiding hearing officer in his
				or her sole discretion.
B. A State
				Service employee shall have the burden of proving that the reasons stated in
				the notice of the agency's formal disciplinary action (i) are not true or (ii)
				are not sufficient grounds for the action taken.
C. A Non-State Service employee that has
				received formal disciplinary action shall have the burden of proving such
				action was a violation of state or federal law.
D. A party appealing a grievance filed
				pursuant to Section 8.1(B) shall have
				the burden of proving the appointment or promotion was in violation of MSPB or
				agency policy.
E. A party appealing
				a grievance filed pursuant to Section
				8.1(C) shall have
				the burden of proving the promotion or appointment was in violation of state or
				federal law.
F. A party appealing a
				grievance filed pursuant to Section
				8.1(D) shall have
				the burden of proving his or her involuntary relocation was a disciplinary
				measure or for arbitrary or capricious reasons.
G. A party appealing a grievance filed
				pursuant to Section 8.1(E) (alleged
				violations of Mississippi Code Annotated §§
									25-9-171 through
				25-9-177) shall have the burden of
				proving:
i. that he or she is a whistleblower
				as defined in §
										25-9-171; and
ii. as a result of being a whistleblower has
				been subjected to workplace reprisal, retaliation or adverse personnel action
				as defined in §
										25-9-171 through §
										25-9-177.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 120 - Mississippi State Employee Handbook › Chapter 9 - MISSISSIPPI EMPLOYEE APPEALS BOARD Purpose › Section 27-120-9.19 - PRESERVATION OF RECORD HEARING

Current through June 25, 2024
All hearings and prehearing matters shall be electronically
				  recorded. It is the responsibility of the Administrative Office to record the
				  proceedings. Upon request and at a reasonable cost, the Administrative Office
				  will provide electronic copies to the parties. In order to maintain appropriate
				  confidentiality and maintain the integrity of the official record, no other
				  recording of the hearing, or any prehearing matter, will be
				  permitted.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 120 - Mississippi State Employee Handbook › Chapter 9 - MISSISSIPPI EMPLOYEE APPEALS BOARD Purpose › Section 27-120-9.20 - ORDER TO BE FILED UPON COMPLETION OF HEARING

Current through June 25, 2024
A. Upon the closing
				of the record, the presiding hearing officer, within twenty-five (25) days
				thereafter, shall prepare and file a written decision and order. An order may
				be considered valid and filed only if signed by the Hearing Officer. To
				expedite resolutions of matters before the EAB, the Hearing Officer's signature
				may be affixed through actual or electronic means.
B. The presiding hearing officer may, within
				thirty (30) days of the date of the initial order, correct any clerical
				mistakes or jurisdictional orders upon the hearing officer's own initiative or
				on the motion of any party.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 120 - Mississippi State Employee Handbook › Chapter 9 - MISSISSIPPI EMPLOYEE APPEALS BOARD Purpose › Section 27-120-9.22 - RELIEF TO BE GRANTED

Current through June 25, 2024
A. If a party
				appealing formal disciplinary action meets his or her applicable burden of
				proof in Section 9.18, the
				hearing officer may:
i. Order reinstatement
				of a dismissed employee and restore all his or her employee rights and
				benefits, including back pay, medical leave, and personal leave. Retirement
				benefits may also be restored provided the integrity of such benefits remains
				uncompromised in accordance with all applicable laws, policies, rules and
				regulations.
ii. Order
				reinstatement of a demoted employee to his or her previous position and salary,
				including back pay.
iii. Order that
				an employee suspended without pay be reimbursed for the period of
				suspension
iv. Order that a Written
				Reprimand be removed from an employee's personnel file and not considered for
				possible future disciplinary action.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 120 - Mississippi State Employee Handbook › Chapter 9 - MISSISSIPPI EMPLOYEE APPEALS BOARD Purpose › Section 27-120-9.23 - JUDICIAL REVIEW

Current through June 25, 2024
Any party aggrieved by a final written decision and order of
				  the EAB may appeal such order in the manner provided by applicable laws and
				  statutes. Upon notification by the clerk of the relevant court that an appeal
				  has been filed and, if necessary, bond provided, the Administrative Office
				  shall prepare and transmit its record of the appeal. Except as authorized under
				  federal law, no aggrieved party may file a petition for judicial review with a
				  court of competent jurisdiction until a final written decision and order of the
				  MEAB has been filed by the Administrative Office.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 120 - Mississippi State Employee Handbook › Chapter 9 - MISSISSIPPI EMPLOYEE APPEALS BOARD Purpose › Section 27-120-9.25 - JUDICIAL CONDUCT

Current through June 25, 2024
A. The hearing
				officers shall be guided by and subject to the Mississippi Rules of Court, Code
				of Judicial Conduct (Adopted by the Mississippi Supreme Court April 4,
				2002).
B. No Hearing Officer shall
				be removed from office during his or her term except by a finding of
				misfeasance, malfeasance, or nonfeasance in office.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 120 - Mississippi State Employee Handbook › Chapter 9 - MISSISSIPPI EMPLOYEE APPEALS BOARD Purpose › Section 27-120-9.26 - AMENDMENT OF RULES; VALIDITY OF RULES; ENFORCEMENT OF RULES

Current through June 25, 2024
MSPB may amend these rules or promulgate new rules. If any
				  one or more of these rules is found to be invalid by any court of competent
				  jurisdiction, such finding shall not affect the validity of any other of these
				  rules. The MEAB shall have the authority, duty, and responsibility to abide by
				  and enforce these rules.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 130 - Variable Compensation Plan for FY 2024 › Section 27-130-B - Coverage of these Policies

Current through June 25, 2024
1. These policies
			 shall govern employee salary increases and position changes for:
a. State service employees and
			 positions;
b. Non-state service
			 employees and positions excluded from the state service by
Mississippi
			 Code Annotated
§
									25-9-107(c), but
			 subject to Mississippi State Personnel Board salary setting authority as listed
			 below:
(1) Part-time employees and positions
			 [Refer,
Mississippi Code Annotated
§
										25-9-107(c)(xi)];
(2) Persons appointed on an emergency basis
			 [Refer,
Mississippi Code Annotated
§
										25-9-107(c)(xii)];
(3) Time-limited employees and positions
			 [Refer,
Mississippi Code Annotated
§
										25-9-107(c)(xiv)];
(4) Administrative heads appointed by the
			 Governor, board, commission or other authority, unless otherwise fixed by
			 statute [Refer,
Mississippi Code Annotated
§
										25-9-107(c)(xv)];
(5) Administrative officers, deputies, bureau
			 chiefs, and directors and their positions [Refer,
Mississippi Code
			 Annotated
§
										25-9-107(c)(xvi)];
(6) Personnel employed by the Mississippi
			 Department of Wildlife, Fisheries and Parks and the Mississippi Department of
			 Marine Resources as law enforcement trainees (cadets) [Refer,
Mississippi Code Annotated
§
										25-9-107(c)(xxi)];
			 and
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 130 - Variable Compensation Plan for FY 2024 › Section 27-130-C - Policy Provisions for Implementation of Legislative Intent

Current through June 25, 2024
1. Salary
			 Progression
Funds were not specifically appropriated for all agencies,
				boards, and commissions for this component of the Variable Compensation Plan
				for Fiscal Year 2023.
2.
			 Cost of Living
Funds were not specifically appropriated for all agencies,
				boards, and commissions for this component of the Variable Compensation Plan
				for Fiscal Year 2023.
3.
			 Performance
Funds were not specifically appropriated for all agencies,
				boards, and commissions for this component of the Variable Compensation Plan
				for Fiscal Year 2023.
5. No
			 Increase to Appropriated Dollars or Projected Annual Cost
On or about July 1, 2022, the Mississippi State Personnel Board
				staff shall publish the projected annual cost to fully fund all filled
				positions.
a. It shall be the
			 responsibility of the agency head to ensure that no single personnel action
			 would cause the agency to exceed their expected annual salary cost and/or cause
			 the agency to require additional appropriation for Fiscal Year 2024
			 appropriations for "Personal Services" when annualized, with the exception of
			 escalated funds.
b. Following each
			 payroll run, the Mississippi State Personnel Board will publish a report
			 indicating the flexibility available to each agency with regard to their
			 projected annual payroll cost and their appropriated dollars compared to actual
			 expenditures.
c. If the Mississippi
			 State Personnel Board determines the agency has taken an action that would
			 cause the agency to exceed their appropriated salary dollars for Fiscal Year
			 2023 or 2024 when annualized, with the exception of escalated funds, then any
			 subsequent action will not be processed until such time as the agency has
			 sufficiently reduced the projected annual cost and/or the appropriation
			 requirement.
d. This language is
			 not intended to stop the escalation of time-limited positions. Escalations
			 shall not be considered to cause an agency to exceed the established limits and
			 will not be accounted for in the reports relative to this language.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 140 - Bylaws Of The Mississippi State Personnel Board › Chapter 1 - Article I - Purpose and Intent › Rule 27-140-1.1

Current through June 25, 2024
The following Bylaws are the operating rules for the
				  Mississippi State Personnel Board regarding the Board's transaction of
				  business
Miss. Code Ann. §
										25-9-111.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 140 - Bylaws Of The Mississippi State Personnel Board › Chapter 1 - Article I - Purpose and Intent › Rule 27-140-1.2 - Name

Current through June 25, 2024
The name of this agency is the Mississippi State Personnel
				  Board (hereinafter referred to as "Board").
Miss. Code Ann. §
										25-9-111.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 140 - Bylaws Of The Mississippi State Personnel Board › Chapter 1 - Article I - Purpose and Intent › Rule 27-140-1.3 - Objective

Current through June 25, 2024
These guidelines will serve to clearly establish the
				  functions of the Board and to provide operating instructions enabling it to act
				  effectively in carrying out its responsibilities. These Bylaws will fulfill the
				  requirements of Miss. Code Ann. 5 25-9-111, as amended. In the event of any
				  conflict between any statute having application to the actions of the Board and
				  any provision of these Bylaws, the statute shall control.
Miss. Code Ann. §
										25-9-111.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 140 - Bylaws Of The Mississippi State Personnel Board › Chapter 1 - Article I - Purpose and Intent › Rule 27-140-1.4 - Authority

Current through June 25, 2024
The general authority of the Mississippi State Personnel
				  Board is created and defined in Miss. Code Ann. 5 25-9-101 through 5 25-9-155,
				  as amended.
Miss. Code Ann. §
										25-9-111.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 140 - Bylaws Of The Mississippi State Personnel Board › Chapter 1 - Article I - Purpose and Intent › Rule 27-140-1.5 - Functions

Current through June 25, 2024
The functions of the Board shall be to administer a state
				  personnel system with the following principles:
(a) to recruit, select and advance employees
				on the basis of their relative ability, knowledge and skills, including open
				consideration of qualified applicants for initial appointment;
(b) to provide equitable and adequate
				compensation;
(c) to train
				employees, as needed, to assure high quality performance;
(d) to retain employees on the basis of the
				adequacy of their performance, to correct inadequate performance, and to
				separate employees whose inadequate performance cannot be corrected;
(e) to assure fair treatment of applicants
				and employees in all aspects of personnel administration without regard to
				political affiliation, race, national origin, sex, religious creed, age, or
				disability;
(f) to assure that
				employees are free from coercion for partisan or political purposes and to
				prohibit employees from using their official authority for the purpose of
				interfering with or affecting the result of an election or a nomination for
				office; and
(g) to provide
				authority for the establishment and abolishment of employment positions within
				the departments, agencies, and institutions under the Board's
				purview.
Miss. Code Ann. §
										25-9-111.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 140 - Bylaws Of The Mississippi State Personnel Board › Chapter 1 - Article I - Purpose and Intent › Rule 27-140-1.6 - Amendments

Current through June 25, 2024
These Bylaws may be amended by a majority vote of the Board
				  members, providing at least 30 days notice, in writing, has been given on any
				  proposed amendment.
Miss. Code Ann. §
										25-9-111.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 140 - Bylaws Of The Mississippi State Personnel Board › Chapter 2 - Article II - Membership and Election of Officers › Rule 27-140-2.1 - Membership

Current through June 25, 2024
The composition, terms of office, and compensation of the
				  Board are prescribed by Miss. Code Ann. 5 25-9-109, as
				  amended.
Miss. Code Ann. §
										25-9-111.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 140 - Bylaws Of The Mississippi State Personnel Board › Chapter 2 - Article II - Membership and Election of Officers › Rule 27-140-2.2 - Composition of the Board

Current through June 25, 2024
The Board shall consist of the membership set forth in Miss.
				  Code. Ann. 5 25-9-109, as amended. All appointments shall be made by the
				  Governor and confirmed by the Senate. Each member of the Board shall take the
				  Oath of Office prescribed by Section 268 of the Mississippi
				  Constitution.
Miss. Code Ann. §
										25-9-111.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 140 - Bylaws Of The Mississippi State Personnel Board › Chapter 2 - Article II - Membership and Election of Officers › Rule 27-140-2.3 - Terms of Office

Current through June 25, 2024
The terms of office shall be as prescribed in Miss. Code Ann.
				  5 25- 9-109, as amended.
Miss. Code Ann. §
										25-9-111.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 140 - Bylaws Of The Mississippi State Personnel Board › Chapter 2 - Article II - Membership and Election of Officers › Rule 27-140-2.4 - Legislative Designees

Current through June 25, 2024
The Lieutenant Governor may designate two Senators and the
				  Speaker of the House of Representatives may designate two Representatives to
				  attend any meeting of the Board. Pursuant to Miss. Code Ann. 5 25-9-111, the
				  Legislative Designees may not vote on any matter but shall receive per diem and
				  expenses which shall be paid from the contingent expense funds of their
				  respective houses in the same amounts as provided for committee meetings when
				  the Legislature is not in session. Per diem and expenses for attending meetings
				  of the Board may not be paid while the Legislature is in
				  session.
Miss. Code Ann. §
										25-9-111.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 140 - Bylaws Of The Mississippi State Personnel Board › Chapter 2 - Article II - Membership and Election of Officers › Rule 27-140-2.5 - Compensation

Current through June 25, 2024
The members of the Board shall receive per diem compensation,
				  as provided by law, for each day devoted to the discharge of official duties.
				  In addition, the members of the Board shall be reimbursed the actual and
				  necessary expenses incurred in the discharge of their duties and shall be
				  reimbursed for mileage and actual expenses incurred in the performance of their
				  duties in accordance with Miss. Code Ann. 5 25-3-41. No Board member may incur
				  per diem, travel, or other expense unless previously authorized by vote at a
				  meeting of the Board, which action shall be recorded in the official minutes of
				  said meetings. All administration expenses incurred by the Board shall be paid
				  from such funds as may be appropriated by the Legislature for such
				  purpose.
Miss. Code Ann. §
										25-9-111.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 140 - Bylaws Of The Mississippi State Personnel Board › Chapter 2 - Article II - Membership and Election of Officers › Rule 27-140-2.6 - Ethics in Government

Current through June 25, 2024
Conflicts of interest and improper use of office are
				  addressed in Miss. Code Ann. 5 25-4-101 through 5 25-4-121, as amended. As an
				  appointed official of the government, a member of the Board is defined as a
				  "public servant" and is subject to the Ethics in Government
				  Laws.
Miss. Code Ann. §
										25-9-111.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 140 - Bylaws Of The Mississippi State Personnel Board › Chapter 2 - Article II - Membership and Election of Officers › Rule 27-140-2.7 - Election of Officers

Current through June 25, 2024
The Board shall select from its membership the Chair and Vice
				  Chair and any other officer deemed necessary by the Board during the Board's
				  regular meeting in the month of June. The Chairmanship and Vice-Chair will
				  rotate according to seniority. The term of office of said officers shall be two
				  years and shall begin July 1st and end on June 30th. The Chair and/or
				  Vice-Chair may opt out of the two year term. If the Chair opts out of the two
				  year term, then the Vice-Chair will replace the Chair to begin a new two year
				  term as Chair. An election will be held for a new Vice-Chair in accordance with
				  the seniority rules. If the Vice-Chair opts out of the two-year term, then an
				  election will be held for a new Vice-Chair in accordance with the seniority
				  rules. The Executive Director shall serve as the Executive Secretary to the
				  Board.
Miss. Code Ann. §
										25-9-111.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 140 - Bylaws Of The Mississippi State Personnel Board › Chapter 2 - Article II - Membership and Election of Officers › Rule 27-140-2.8 - Vacancies on the Board

Current through June 25, 2024
In the event the Chair is unable to complete his/her term of
				  office, the Vice Chair shall become Chair and complete the remainder of the
				  term. If the Vice Chair is unable to assume the position, the Board shall fill
				  the vacancy as provided in Section 13. In the event an officer (other than the
				  Chair) is unable to complete the term of office, the Board, at its discretion,
				  shall fill the vacancy by a majority vote of a quorum at the next appropriate
				  meeting of the Board.
Miss. Code Ann. §
										25-9-111.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 140 - Bylaws Of The Mississippi State Personnel Board › Chapter 3 - Article III - Setting and Conducting Meetings › Rule 27-140-3.1 - Open Meetings

Current through June 25, 2024
All meetings of the Board are declared to be open meetings
				  and shall be open to the public at all times unless an executive session is
				  declared. All meetings shall be conducted in accordance with Miss. Code Ann. 5
				  25-41-1 through 5 25-41-17, as amended, which govern open meetings (hereinafter
				  referred to as the "Open Meetings Act"). Any member of the public may attend
				  Board meetings, as provided by law.
Miss. Code Ann. §
										25-9-111.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 140 - Bylaws Of The Mississippi State Personnel Board › Chapter 3 - Article III - Setting and Conducting Meetings › Rule 27-140-3.2 - Regular Monthly Meetings

Current through June 25, 2024
The Board will hold regular meetings at least once each
				  month. Normally, the Board will meet at the headquarters of the Mississippi
				  State Personnel Board on the third Thursday of each month. When requested by
				  any member of the Board or the Executive Director, the time, day, and location
				  of a regularly scheduled meeting may be changed. Special meetings may be called
				  by the Chair when they are justified.
Miss. Code Ann. §
										25-9-111.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 140 - Bylaws Of The Mississippi State Personnel Board › Chapter 3 - Article III - Setting and Conducting Meetings › Rule 27-140-3.3 - Called Special Meetings

Current through June 25, 2024
The Board Chair may call a special meeting that was not
				  otherwise set during the Board's prior meeting. The notice and conduct of said
				  meetings shall be consistent with the Open Meetings Act and other applicable
				  statutes.
Miss. Code Ann. §
										25-9-111.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 140 - Bylaws Of The Mississippi State Personnel Board › Chapter 3 - Article III - Setting and Conducting Meetings › Rule 27-140-3.4 - Notice

Current through June 25, 2024
Notice for all meetings shall be consistent with Miss. Code
				  Ann. § 25-41- 13 which provides that any public body which holds its
				  meetings at such times and places and by such procedures as are specifically
				  prescribed by statute shall continue to do so and no additional notice of such
				  meetings shall be required; however, notice of the place, date, hour and
				  subject matter of any recessed meeting, adjourned meeting, interim meeting or
				  any called special meeting shall be posted within one hour after such meeting
				  is called in a prominent place available to examination and inspection by the
				  general public in the building in which the Board normally meets. A copy of the
				  notice shall be made a part of the minutes or other permanent official records
				  of the Board.
A majority of the Board members constitutes a quorum. At the
				  state of the meeting, the Chairman shall call the meeting to order and on the
				  appearance of a quorum shall proceed with the regular order of business. A
				  quorum will be satisfied until adjournment of the meeting for the purposes of
				  voting or taking action. Where no vote is needed and no action is required,
				  those members present in the absence of a quorum may receive information, and
				  discuss matters of business, and adjourn the meeting.
Miss. Code Ann. §
										25-9-111.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 140 - Bylaws Of The Mississippi State Personnel Board › Chapter 3 - Article III - Setting and Conducting Meetings › Rule 27-140-3.5 - Teleconference or Video Meetings

Current through June 25, 2024
The Chair or Executive Director shall decide whether a
				  meeting may be conducted via teleconference or video. Notice and conduct of
				  said meeting shall be consistent with the Open Meetings Act and other
				  applicable statutes
Miss. Code Ann. §
										25-9-111.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 140 - Bylaws Of The Mississippi State Personnel Board › Chapter 3 - Article III - Setting and Conducting Meetings › Rule 27-140-3.6 - Board Actions

Current through June 25, 2024
An act on the part of the majority at which a quorum is
				  present shall be the act of the Board unless statute requires action by a
				  greater number. The method of voting shall be by voice vote unless any one
				  member of the Board requests a roll call vote. Votes taken during any meeting
				  conducted through teleconference or video means shall be in compliance with the
				  Open Meetings Act and other applicable statutes.
Miss. Code Ann. §
										25-9-111.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 140 - Bylaws Of The Mississippi State Personnel Board › Chapter 3 - Article III - Setting and Conducting Meetings › Rule 27-140-3.7 - Agenda

Current through June 25, 2024
An agenda shall be developed for each meeting. Items shall be
				  placed on the agenda with the approval of the Chair or Executive Director at
				  least four days prior to the meeting except in cases of a called special
				  meeting. The agenda shall provide the outline for the meeting. However, the
				  Board may consider and take action on items that are not on the
				  agenda.
Miss. Code Ann. §
										25-9-111.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 140 - Bylaws Of The Mississippi State Personnel Board › Chapter 3 - Article III - Setting and Conducting Meetings › Rule 27-140-3.8 - Minutes

Current through June 25, 2024
Accurate written minutes shall be kept for each regular or
				  special meeting of the Board. The Executive Director shall be responsible for
				  ensuring that such minutes are maintained. The minutes shall show the members
				  present; the date, time, and place of the meeting; an accurate recording of any
				  final actions taken at such meeting; and any other information that the Board
				  requests be included or reflected in the minutes. The minutes shall be made
				  available for public inspection during regular business
				  hours.
Miss. Code Ann. §
										25-9-111.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 140 - Bylaws Of The Mississippi State Personnel Board › Chapter 3 - Article III - Setting and Conducting Meetings › Rule 27-140-3.9 - Presentations to the Board

Current through June 25, 2024
Persons wishing to make formal presentations to the Board
				  shall submit a written request to the Executive Director not less than ten days
				  prior to a scheduled Board meeting. Presentations shall be allowed at the
				  discretion of the Chair. The Chair may impose limits on the length of time each
				  person may speak. Members of the public attending a Board meeting shall have no
				  standing in the conduct of the business of the Board.
Miss. Code Ann. §
										25-9-111.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 150 - Information Technology Classifications Special Compensation Plan for FY 2022 › Section 27-150-A - Statement of Purpose

Current through June 25, 2024
It is the intent of the Mississippi State Personnel Board
				(hereinafter "MSPB") to establish the Special Compensation Plan for Information
				Technology Classifications (hereinafter "Special Compensation Plan") for the
				purpose of attracting, retaining, and developing competent information
				technology professionals to support the information technology business needs
				of the State of Mississippi. The plan shall provide methods for employment,
				promotion, and reassignment that are responsive to organizational or program
				needs and that offer flexibility to appointing authorities/governing bodies to
				negotiate, establish, and adjust salaries.
These provisions shall supersede all conflicting policies and
				procedures for the administration of salaries published in the
Mississippi State Personnel Board Policy and Procedures Manual
and any additional or replacement manuals, effective July 1, 2021. This policy
				shall become an official attachment to the
Mississippi State Personnel
				Board Policy and Procedures Manual
for Fiscal Year 2022.
The statutory increase or decrease of any salary under the
				salary setting authority of the Mississippi State Personnel Board shall comply
				with the policies below, except where the Legislature may otherwise provide.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 150 - Information Technology Classifications Special Compensation Plan for FY 2022 › Section 27-150-B - Coverage of these Policies

Current through June 25, 2024
These policies shall govern the Special Compensation Plan for
				classifications within the State of Mississippi Information Technology Career
				Path Chart (Attachment 2) with implementation and utilization subject to the
				Variable Compensation Plan. This plan is also open to those state agencies not
				under the purview of the Mississippi State Personnel Board, which voluntarily
				operate under limited provisions of the Mississippi State Personnel Board.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 150 - Information Technology Classifications Special Compensation Plan for FY 2022 › Section 27-150-D - Status

Current through June 25, 2024
Inclusion in the Special Compensation Plan shall not be
				construed to exclude any position or employee from being designated as state
				service, nor shall inclusion be construed to confer permanent status on
				employees designated as non-state service. Refer to Section
				25-9-107(c)
				of the Mississippi Code Annotated.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 150 - Information Technology Classifications Special Compensation Plan for FY 2022 › Section 27-150-E - Classification and Pay Plan

Current through June 25, 2024
The Mississippi State Personnel Board shall classify all
				positions in the Special Compensation Plan by assigning each position to its
				appropriate job classification according to the position description and the
				organizational placement of the position. Requests for positions to report to
				classifications with a lower salary range shall be considered on a case-by-case
				basis by the Mississippi State Personnel Board with the recommendation of the
				ITPDC.
A pay range shall be assigned by the Mississippi State
				Personnel Board to each position's job classification in the Special
				Compensation Plan on the basis of criteria set forth in the
Mississippi
				State Personnel Board Policy and Procedures Manual
and the
Variable Compensation Plan,
and any realignment
				recommendations shall be based upon the prevailing wage in the relevant labor
				market .
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 150 - Information Technology Classifications Special Compensation Plan for FY 2022 › Section 27-150-F - Recruitment and Appointment

Current through June 25, 2024
1. Hiring of new
			 employees into information technology classification positions shall be
			 exempted from the selection process established by the Mississippi State
			 Personnel Board, provided the applicant meets the minimum qualifications of the
			 classification of the position into which he or she is being appointed.
2. Vacant information technology
			 classification positions should be reallocated to the appropriate
			 classification within the Special Compensation Plan prior to an initial
			 appointment being made.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 150 - Information Technology Classifications Special Compensation Plan for FY 2022 › Section 27-150-G - Salary Restrictions

Current through June 25, 2024
1. No new appointee
			 to a Special Compensation Plan position shall be awarded a salary in excess of
			 end salary.
2. Current statutory
			 salary restrictions remain in effect.
3. Salary increases under these policies
			 shall be calculated so as not to result in personal services funding
			 shortfalls, employee reductions-in-force, or the unsupported reallocation of a
			 vacant position.
4. All salary
			 increases must be accomplished from within funds available.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 150 - Information Technology Classifications Special Compensation Plan for FY 2022 › Section 27-150-H - Role Description Questionnaire (RDQ)

Current through June 25, 2024
1. For
			 all instances where the scoring factors section of the PRA is cited in the
Mississippi State Personnel Board Policy and Procedures Manual
and other policy memorandums or statements, for information technology
			 classifications qualified under the Special Compensation Plan, the Role
			 Description Questionnaire (RDQ) shall be used instead. Copies of the RDQ and
			 related guidelines may be obtained from the Mississippi State Personnel
			 Board.
2. Requests for all
			 personnel actions for positions allocated to classifications under the Special
			 Compensation Plan shall be accompanied by a completed and signed RDQ.
			 Submission of the request in SPAHRS indicates agency endorsement.
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