reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter I - SERVICE TO LOCAL GOVERNMENT › Section .2300 - DISCIPLINARY ACTION: SUSPENSION, DISMISSAL AND APPEALS › Section 01I .2305 - WRITTEN WARNING

Current through Register Vol. 39, No. 2, July 15, 2024
The supervisor shall monitor the performance of work
					 assignments and assure that employees do not engage in unacceptable personal
					 conduct. All types of performance-related job inadequacies may constitute
					 unsatisfactory job performance under this Section. When the supervisor
					 determines that disciplinary action is appropriate for unsatisfactory job
					 performance, a written warning is the first type of disciplinary action that an
					 employee shall receive. The supervisor may elect to issue a written warning for
					 grossly inefficient job performance or unacceptable personal conduct. The
					 written warning shall:
(1) Inform the
				  employee that this is a written warning, and not some other non-disciplinary
				  process such as counseling;
(2)
				  Inform the employee of the specific issues that are the basis for the
				  warning;
(3) Tell the employee what
				  specific corrections, if applicable, must be made to address these specific
				  issues;
(4) Tell the employee the
				  time frame allowed for making the required corrections. Immediate correction is
				  required for grossly inefficient job performance or unacceptable personal
				  conduct;
(5) Tell the employee the
				  consequences of failing to make the required corrections; and
(6) Tell the employee of any appeal rights
				  provided by agency policy.
Authority
					 G.S.
					 126-4;
Eff. August 3,
					 1992;
Amended Eff. December 1, 1995;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 20, 2016;
Amended Eff.
					 September 1, 2019.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter I - SERVICE TO LOCAL GOVERNMENT › Section .2300 - DISCIPLINARY ACTION: SUSPENSION, DISMISSAL AND APPEALS › Section 01I .2306 - DISCIPLINARY SUSPENSION WITHOUT PAY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An employee
				  may be suspended without pay for disciplinary purposes for unsatisfactory job
				  performance after the receipt of at least one prior disciplinary action or
				  without any prior warning for causes relating to any form of unacceptable
				  personal conduct or grossly inefficient job performance pursuant to Rule .2301
				  of this Section. A disciplinary suspension without pay for an employee who is
				  subject to the overtime compensation provisions of the Fair Labor Standards Act
				  (FLSA) must be for at least one full work day, but not more than two full work
				  weeks. Prior to placing any employee on disciplinary suspension without pay,
				  the agency director or designated management representative shall conduct a
				  pre-disciplinary conference with the employee in accordance with the procedural
				  requirements of this Section. An employee who has been suspended without pay
				  must be furnished a statement in writing setting forth the specific acts or
				  omissions that are the reasons for the suspension and the employee's appeal
				  rights.
(b) An agency has the
				  option of imposing the same periods of disciplinary suspension without pay upon
				  all employees as long as the period is the same as for employees exempt from
				  the overtime provisions of the FLSA as set forth in this Section.
Authority
					 G.S.
					 126-4(6);
					 126-35;
Eff. August
					 3, 1992;
Amended Eff. April 1, 2001; December 1, 1995;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 20, 2016;
Amended Eff.
					 September 1, 2019.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter I - SERVICE TO LOCAL GOVERNMENT › Section .2300 - DISCIPLINARY ACTION: SUSPENSION, DISMISSAL AND APPEALS › Section 01I .2307 - DEMOTION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any employee
				  may be demoted as a disciplinary measure. Demotion may be made on the basis of
				  either unsatisfactory or grossly inefficient job performance or unacceptable
				  personal conduct.
(1) Unsatisfactory Job
				  Performance. An employee may be demoted for unsatisfactory job performance
				  after the employee has received at least one prior disciplinary
				  action.
(2) Grossly Inefficient Job
				  Performance. An employee may be demoted for grossly inefficient job performance
				  without any prior disciplinary action.
(3) Unacceptable Personal Conduct. An
				  employee may be demoted for unacceptable personal conduct without any prior
				  disciplinary action.
(4) An
				  employee who is demoted shall receive written notice of the specific reasons
				  for the demotion, as well as notice of any applicable appeal rights.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter I - SERVICE TO LOCAL GOVERNMENT › Section .2300 - DISCIPLINARY ACTION: SUSPENSION, DISMISSAL AND APPEALS › Section 01I .2308 - PROCEDURAL REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
The following procedural requirements must be followed to
					 issue disciplinary action under this Section:
(1) WRITTEN WARNING-to issue a written
				  warning to an employee a supervisor must issue the employee a written warning,
				  detailing the matters referenced in
				  25 NCAC
				  01I .2305, and including any applicable
				  appeal rights.
(2) DISCIPLINARY
				  SUSPENSION WITHOUT PAY-to place an employee on disciplinary suspension without
				  pay, the agency director or designated management representative must comply
				  with the following procedural requirements:
(a) In matters of unsatisfactory job
				  performance, insure that the employee has received at least one prior
				  disciplinary action. In matters of grossly inefficient job performance or
				  unacceptable personal conduct no prior disciplinary actions are required so an
				  employee may be suspended without pay for a current incident of grossly
				  inefficient job performance or unacceptable personal conduct;
(b) Schedule and conduct a pre-suspension
				  conference. Advance oral or written notice of the disciplinary conference must
				  be given to the employee of the time, location, and the issue for which
				  discipline has been recommended. The amount of advance notice shall be as much
				  as is practical under the circumstances;
(c) Furnish the employee a statement in
				  writing setting forth the specific acts or omissions that are the reasons for
				  the suspension;
(d) Advise the
				  employee of any applicable appeal rights in the document affecting the
				  suspension.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter I - SERVICE TO LOCAL GOVERNMENT › Section .2300 - DISCIPLINARY ACTION: SUSPENSION, DISMISSAL AND APPEALS › Section 01I .2309 - SPECIAL PROVISIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) GRANDFATHER
				  PROVISIONS - The following Grandfather provisions establish the force and
				  effect of disciplinary actions in existence on December 1, 1995.
(1) Oral warnings - any oral warning existing
				  on December 1, 1995 is deemed void and has no further force or effect upon the
				  disciplinary status of any employee.
(2) All other disciplinary actions existing
				  on December 1, 1995 shall remain in full force and effect as if the warnings or
				  other disciplinary actions had been imposed under this Section. No written
				  warning or other disciplinary action imposed prior to December 1, 1995 shall be
				  deemed inactive by operation of the provisions of this Section until more than
				  18 months after December 1, 1995 or until the disciplinary action is deemed
				  inactive in accordance with
				  25 NCAC
				  01I .2309(b), whichever
				  occurs first.
(3) Extension of
				  Disciplinary Actions - any written warning or disciplinary action imposed prior
				  to December 1, 1995 may be extended in accordance with the provision of this
				  Section as if the warning or disciplinary action had been imposed after
				  December 1, 1995. No unresolved written warning or disciplinary action issued
				  prior to December 1, 1995 shall become inactive if within 18 months of December
				  1, 1995, another disciplinary action or warning is imposed on the employee.
				  Notice of the extension of the active status of a disciplinary action may be
				  given at any time within 18 months of the effective date of the disciplinary
				  action.
(4) Resolution of
				  disciplinary actions under prior agency - any warning or disciplinary action
				  existing on December 1, 1995 shall be deemed inactive if it would have been
				  resolved under the agency procedure existing prior to December 1,
				  1995.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter I - SERVICE TO LOCAL GOVERNMENT › Section .2400 - BASIC REQUIREMENTS FOR A"SUBSTANTIALLY EQUIVALENT"PERSONNEL SYSTEM › Section 01I .2401 - SYSTEM PORTION I: RECRUITMENT, SELECTION, AND ADVANCEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
General Requirement. Recruiting, selecting and advancing
					 employees will be on the basis of their relative ability, knowledge, and
					 skills, including open consideration of qualified applicants for initial
					 appointment.
(1) Recruitment:
(a) Requirement. There must be a planned and
				  organized recruiting program, carried out in a manner that assures open
				  competition.
(b) Requirement.
				  Special emphasis will be placed on efforts to attract minorities, women, the
				  disabled, or other groups that are substantially underrepresented in the
				  jurisdiction work force to help assure they will be among the candidates from
				  whom appointments are made.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter I - SERVICE TO LOCAL GOVERNMENT › Section .2400 - BASIC REQUIREMENTS FOR A"SUBSTANTIALLY EQUIVALENT"PERSONNEL SYSTEM › Section 01I .2402 - SYSTEM PORTION II: CLASSIFICATION/COMPENSATION

Current through Register Vol. 39, No. 2, July 15, 2024
General Requirement. A current, equitable, and adequate
					 position classification and compensation plan will be provided.
(1) Position Classification Requirement. Job
				  Evaluation (syn. classification) plans will be based upon a soundly applied,
				  professionally accepted job evaluation methodology which establishes the
				  relative strength of related positions through consideration of the difficulty,
				  responsibility, and other requirements of the work. System components and all
				  relationships determined along with accompanying rationale will be fully
				  documented.
(2) Compensation:
(a) Requirement. The compensation plan will,
				  within labor market constraints, have as its principal basis the class
				  relationships (syn. skill level relationships, job relationships, work level
				  relationship, etc.) discerned by the classification process.
(b) Requirement. Within the limits of local
				  financial ability and fiscal policy, the level of compensation assigned to each
				  class of the plan will, in conjunction with Subparagraph (2)(a) of this Rule,
				  adequately consider the competitive labor market within the geographical area
				  of recruitment.
(c) Requirement.
				  Logical and equitable practices will be established which guide salary
				  administration in positions and employees actions within the
				  jurisdiction.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter I - SERVICE TO LOCAL GOVERNMENT › Section .2400 - BASIC REQUIREMENTS FOR A"SUBSTANTIALLY EQUIVALENT"PERSONNEL SYSTEM › Section 01I .2403 - SYSTEM PORTION III: TRAINING

Current through Register Vol. 39, No. 2, July 15, 2024
General Requirement. Employees will be trained as needed to
					 assure high quality performance.
Authority
					 G.S.
					 126-11;
Eff. August 3,
					 1992;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 20,
					 2016.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter I - SERVICE TO LOCAL GOVERNMENT › Section .2400 - BASIC REQUIREMENTS FOR A"SUBSTANTIALLY EQUIVALENT"PERSONNEL SYSTEM › Section 01I .2404 - SYSTEM PORTION IV: EMPLOYEE RELATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In
				  order to be declared substantially equivalent in the area of employee
				  relations, a county shall adopt a policy that includes the following policy
				  provisions:
(1) A provision that employees
				  shall not be disciplined, including dismissed, except for just cause.
(2) A provision that allows for action,
				  including dismissal, on the basis of unsatisfactory job performance or
				  unacceptable personal conduct.
(3)
				  A provision that the policy shall be available to all employees.
(4) A provision that the county shall train
				  all supervisors and managers in the appropriate use of the employee relations
				  policy.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter I - SERVICE TO LOCAL GOVERNMENT › Section .2400 - BASIC REQUIREMENTS FOR A"SUBSTANTIALLY EQUIVALENT"PERSONNEL SYSTEM › Section 01I .2405 - EXPIRED - SYSTEM PORTION V: EQUAL EMPLOYMENT OPPTY/AFFIRMATIVE ACTION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 126-11;
Eff. August 3,
					 1992;
Expired Eff. September 1, 2016 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter I - SERVICE TO LOCAL GOVERNMENT › Section .2400 - BASIC REQUIREMENTS FOR A"SUBSTANTIALLY EQUIVALENT"PERSONNEL SYSTEM › Section 01I .2406 - SYSTEM PORTION VI: POLITICAL ACTIVITY

Current through Register Vol. 39, No. 2, July 15, 2024
General Requirement. Employees will be protected against
					 coercion for partisan political purposes, and will be prohibited from using
					 their official authority for the purpose of interfering with or affecting the
					 result of an election or a nomination for office.
Authority
					 G.S.
					 126-11;
Eff. August 3,
					 1992;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 20,
					 2016.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter I - SERVICE TO LOCAL GOVERNMENT › Section .2400 - BASIC REQUIREMENTS FOR A"SUBSTANTIALLY EQUIVALENT"PERSONNEL SYSTEM › Section 01I .2407 - CONDITION OF PRIVILEGE

Current through Register Vol. 39, No. 2, July 15, 2024
A substantially equivalent personnel system exemption,
					 approved by the State Human Resources Commission under NCGS 126-11, is a
					 condition of privilege; a local government jurisdiction may operate its own
					 system of personnel administration for all employees of the jurisdiction,
					 including those subject to the State Human Resources Act. This privilege shall
					 be continued by the State Human Resources Commission so long as the local
					 system remains substantially equivalent to the Basic Requirements for a
					 Substantially Equivalent Personnel System. The Office of State Human Resources,
					 in its staff capacity to the State Human Resources Commission, shall act on the
					 Commission's behalf in evaluating the ongoing equivalency status of exempted
					 systems.
Authority
					 G.S.
					 126-11;
Eff. October 10,
					 1992;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 20,
					 2016.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter I - SERVICE TO LOCAL GOVERNMENT › Section .2400 - BASIC REQUIREMENTS FOR A"SUBSTANTIALLY EQUIVALENT"PERSONNEL SYSTEM › Section 01I .2408 - ONGOING EXPECTATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
In order that the Office of State Human Resources shall
					 have access to the information and materials necessary to an informed judgment
					 of whether an exempted, local personnel system remains substantially
					 equivalent, local jurisdictions desiring to maintain exempted systems shall
					 comply with the following requirements:
(1) Recertification. Recertification of the
				  commitment by a Board of County Commissioners of authority to maintain a system
				  or portion of a system of personnel administration in accordance with the Basic
				  Requirements for a Substantially Equivalent Personnel System may be necessary,
				  at the discretion of the State Human Resources Commission, in the following
				  instances:
(a) Upon significant change in the
				  membership of the Board of Commissioners or Area Authority.
(b) Upon passage of significant new
				  legislation or policy which will apply to the local system or system
				  portion.
(c) Upon major
				  reorganization, restructuring, or downsizing of the personnel system of the
				  county or Area Authority.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter I - SERVICE TO LOCAL GOVERNMENT › Section .2400 - BASIC REQUIREMENTS FOR A"SUBSTANTIALLY EQUIVALENT"PERSONNEL SYSTEM › Section 01I .2409 - OSP ASSISTANCE

Current through Register Vol. 39, No. 2, July 15, 2024
The Office of State Human Resources is available to provide
					 counsel and technical assistance on matters of substantial equivalency at any
					 time. Such assistance shall be provided within the limits of available staff
					 and administrative resources. Consultation and informal, cooperative
					 interchange is particularly encouraged prior to major revisions in policy or
					 technical process.
Authority
					 G.S.
					 126-11;
Eff. October 10,
					 1992;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 20,
					 2016.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter I - SERVICE TO LOCAL GOVERNMENT › Section .2400 - BASIC REQUIREMENTS FOR A"SUBSTANTIALLY EQUIVALENT"PERSONNEL SYSTEM › Section 01I .2410 - EXPIRED - SYSTEM ADVANCEMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 126-11;
Eff. October 10,
					 1992;
Expired Eff. September 1, 2016 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter J - EMPLOYEE RELATIONS › Section .0100 - EMPLOYEE RELATIONS SECTION › Section 01J .0101 - REPEALED - AUTHORITY

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 126-4;
Eff. February 1,
					 1976;
Amended Eff. October 1, 1977;
Repealed Eff.
					 August 1, 1978.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter J - EMPLOYEE RELATIONS › Section .0100 - EMPLOYEE RELATIONS SECTION › Section 01J .0102 - REPEALED - ORGANIZATION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 126-4;
Eff. February 1,
					 1976;
Repealed Eff. December 1,
					 1978.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter J - EMPLOYEE RELATIONS › Section .0200 - EMPLOYEE SUGGESTION SYSTEM › Section 01J .0201-.0220

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 126-4;
Eff. February 1,
					 1976;
Repealed Eff. August 1,
					 1978.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter J - EMPLOYEE RELATIONS › Section .0300 - AFFIRMATIVE ACTION PLANS › Section 01J .0301-.0309

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 126-16;
Eff. February 1,
					 1976;
Repealed Eff. October 1,
					 1977.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter J - EMPLOYEE RELATIONS › Section .0400 - EMPLOYEE RECOGNITION PROGRAMS › Section 01J .0401 - STATE PERSONNEL RESPONSIBILITY

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 126-4;
Eff. February 1,
					 1976;
Amended Eff. December 1, 1995;
Recodified to
					 25 NCAC
					 01C .0901 Eff. December 29,
					 2003.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter J - EMPLOYEE RELATIONS › Section .0400 - EMPLOYEE RECOGNITION PROGRAMS › Section 01J .0402-.0403

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 126-4;
Eff. February 1,
					 1976;
Amended Eff. May 1, 1989;
Repealed Eff. December
					 1, 1995.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter J - EMPLOYEE RELATIONS › Section .0400 - EMPLOYEE RECOGNITION PROGRAMS › Section 01J .0404 - AGENCY RESPONSIBILITY

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 126-4;
Eff. February 1,
					 1976;
Amended Eff. December 1, 1995;
Recodified to
					 25 NCAC
					 01C .0902 Eff. December 29,
					 2003.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter J - EMPLOYEE RELATIONS › Section .0400 - EMPLOYEE RECOGNITION PROGRAMS › Section 01J .0405 - REPEALED - EXEMPT EMPLOYEES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 126-4;
Eff. February 1,
					 1976;
Repealed Eff. December 1,
					 1995.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter J - EMPLOYEE RELATIONS › Section .0400 - EMPLOYEE RECOGNITION PROGRAMS › Section 01J .0406 - ELIGIBILITY REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
Filed as a Temporary
					 Amendment Eff. January 1, 1989 for a Period of 180 Days to Expire on June 29,
					 1989;
Authority
					 G.S.
					 126-4(10);
Eff.
					 February 1, 1976;
Amended Eff. December 1, 1995; May 1, 1989; March
					 1, 1989; July 1, 1983;
Recodified to
					 25 NCAC
					 01C .0903 Eff. December 29,
					 2003.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter J - EMPLOYEE RELATIONS › Section .0400 - EMPLOYEE RECOGNITION PROGRAMS › Section 01J .0407-.0408

Current through Register Vol. 39, No. 2, July 15, 2024
Filed as a Temporary
					 Amendment Eff. January 1, 1989 for a Period of 180 Days to Expire on June 29,
					 1989;
Authority
					 G.S.
					 126-4(10);
Eff.
					 February 1, 1976;
Amended Eff. July 1, 1989; May 1, 1989; March 1,
					 1989; January 1, 1989;
Repealed Eff. December 1,
					 1995.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter J - EMPLOYEE RELATIONS › Section .0400 - EMPLOYEE RECOGNITION PROGRAMS › Section 01J .0409-.0413

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 126-4;
Eff. February 1,
					 1976;
Repealed Eff. December 1,
					 1995.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter J - EMPLOYEE RELATIONS › Section .0400 - EMPLOYEE RECOGNITION PROGRAMS › Section 01J .0501-.0506

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 126-1A (until July 1, 1996) then 126-1.1;
					 126-4(9); 126-4(10); 126-4(17); 126-7.2; 126-16; 126-25; 126-34; 126-34.1;
					 126-34.2; 126-35; 126-36; 126-37; 126-38; 126-39; 150B-23;
Eff.
					 February 1, 1976;
Amended Eff. August 1, 2000;
Temporary Amendment Eff. February 18, 1999;
Amended Eff. December
					 1, 1995; May 1, 1989; April 1, 1989; February 1, 1989; July 1, 1988; December
					 1, 1985; October 1, 1985; October 1, 1980; October 1, 1977;
Repealed Eff. March 1, 2005.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter J - EMPLOYEE RELATIONS › Section .0400 - EMPLOYEE RECOGNITION PROGRAMS › Section 01J .0507-.0508

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 126-4(9);
					 126-4(17);
					 126-34.2;
					 126-35;
					 150B-23;
Eff.
					 December 1, 1985;
Amended Eff. December 1, 1995; April 1,
					 1989;
Repealed Eff. March 1,
					 2005.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter J - EMPLOYEE RELATIONS › Section .0400 - EMPLOYEE RECOGNITION PROGRAMS › Section 01J .0509-.0511

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 126-4(9);
					 126-7.2;
					 126-35;
					 126-37;
					 126-38;
					 150B-23(a);
Eff. December 1, 1995;
Repealed Eff. March 1,
					 2005.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter J - EMPLOYEE RELATIONS › Section .0600 - DISCIPLINARY ACTION: SUSPENSION AND DISMISSAL › Section 01J .0601-.0602

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 126-35;
					 126-39;
Eff. February
					 1, 1976;
Amended Eff. October 1, 1977;
Repealed Eff.
					 October 1, 1984.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter J - EMPLOYEE RELATIONS › Section .0600 - DISCIPLINARY ACTION: SUSPENSION AND DISMISSAL › Section 01J .0603 - APPEALS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A career
				  employee who has been demoted, suspended, or dismissed shall have 15 calendar
				  days from the date of his or her receipt of written notice of such action to
				  file an appeal with his department/university grievance procedure. If an
				  employee does not appeal his or her dismissal through the agency grievance
				  procedure within 15 days, then the employee shall have no right to file a
				  contested case with the Office of Administrative Hearings under
				  G.S.
				  126-34.02.
(b) If an employee appeals his or her
				  dismissal through the agency grievance procedure, then the initial dismissal
				  letter shall not constitute the final agency decision, but the final agency
				  decision shall be the decision made at the conclusion of the employee's appeal
				  through the agency grievance procedure.
(c) Grievances that allege discrimination,
				  harassment, or retaliation shall follow the agency grievance process. Employees
				  with grievances alleging discrimination, harassment, or retaliation who do not
				  follow the agency grievance process shall have no right to file a contested
				  case with the Office of Administrative Hearings.
Authority
					 G.S.
					 126-1A;
					 126-34.01;
					 126-34.02;
					 126-35; 150B, Article 3;
					 150B-23;
Eff. February 1, 1976;
Amended Eff. March 1,
					 1994; April 1, 1989; December 1, 1984; October 1, 1984;
Temporary
					 Amendment Eff. February 18, 1999;
Amended Eff. February 1, 2011;
					 July 18, 2002;
Temporary Amendment Eff. May 23, 2014;
Amended Eff. April 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 20,
					 2016.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter J - EMPLOYEE RELATIONS › Section .0600 - DISCIPLINARY ACTION: SUSPENSION AND DISMISSAL › Section 01J .0604 - JUST CAUSE FOR DISCIPLINARY ACTION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any
				  employee, regardless of occupation, position or profession may be warned,
				  demoted, suspended or dismissed by the appointing authority. Such actions may
				  be taken against career employees as defined by the State Human Resources Act,
				  only for just cause. The provisions of this section apply only to employees who
				  have attained career status. The degree and type of action taken shall be based
				  upon the sound and considered judgment of the appointing authority in
				  accordance with the provisions of this Rule. When just cause exists the only
				  disciplinary actions provided for under this Section are:
(1) Written warning;
(2) Disciplinary suspension without
				  pay;
(3) Demotion; and
(4) Dismissal.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter J - EMPLOYEE RELATIONS › Section .0600 - DISCIPLINARY ACTION: SUSPENSION AND DISMISSAL › Section 01J .0605 - DISMISSAL FOR UNSATISFACTORY PERFORMANCE OF DUTIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The intent of this Section is to assist
				  and promote improved employee performance, rather than to punish. This Rule
				  covers all types of performance-related inadequacies. This Section does not
				  require that successive disciplinary actions all concern the same type of
				  unsatisfactory performance. Disciplinary actions related to personal conduct
				  may be included in the successive system for performance-related dismissal
				  provided that the employee receives at least the number of disciplinary
				  actions, regardless of the basis of the disciplinary actions, required for
				  dismissal on the basis of inadequate performance. Disciplinary actions
				  administered under this Section are intended to bring about a permanent
				  improvement in job performance. Should the required improvement later
				  deteriorate, or other inadequacies occur, the supervisor may deal with this new
				  unsatisfactory performance with further disciplinary action.
(b) In order to be dismissed for a current
				  incident of unsatisfactory job performance an employee must first receive at
				  least two prior disciplinary actions: First, one or more written warnings
				  followed by a warning or other disciplinary action which notifies the employee
				  that failure to make the required performance improvements may result in
				  dismissal.
(c) Prior to the
				  decision to dismiss an employee, a management representative must conduct a
				  pre-dismissal conference with the employee in accordance with the procedural
				  requirements of this Section.
(d)
				  An employee who is dismissed must receive written notice of the specific
				  reasons for the dismissal, as well as notice of any applicable appeal
				  rights.
(e) Failure to give
				  specific written reasons for the dismissal, failure to give written notice of
				  applicable appeal rights, or failure to conduct a predismissal conference
				  constitute procedural violations with remedies as provided for in
				  25 NCAC
				  01B .0432. Time limits for filing a grievance
				  do not start until the employee receives written notice of any applicable
				  appeal rights.
Authority
					 G.S.
					 126-4;
					 126-35;
Eff. February
					 1, 1976;
Amended Eff. October 1, 1995; July 1, 1989; January 1,
					 1989; December 1, 1984;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 20,
					 2016.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter J - EMPLOYEE RELATIONS › Section .0600 - DISCIPLINARY ACTION: SUSPENSION AND DISMISSAL › Section 01J .0606 - DISMISSAL FOR GROSSLY INEFFICIENT JOB PERFORMANCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Dismissal on the basis of grossly inefficient job performance is administered
				  in the same manner as for unacceptable personal conduct. Employees may be
				  dismissed on the basis of a current incident of grossly inefficient job
				  performance without any prior disciplinary action.
(b) Prior to dismissal of a career employee
				  on the basis of grossly inefficient job performance, there shall be a
				  pre-dismissal conference between the employee and the person recommending
				  dismissal. This conference shall be held in accordance with the provisions of
				  25 NCAC
				  01J. 0613.
(c) Dismissals for grossly inefficient job
				  performance require written notification to the employee. Such notification
				  must include specific reasons for the dismissal and notice of the employee's
				  right of appeal.
(d) Failure to
				  give specific written reasons for the dismissal, failure to give written notice
				  of applicable appeal rights, or failure to conduct a predismissal conference
				  constitute procedural violations with remedies as provided for in
				  25 NCAC
				  01B .0432. Time limits for filing a grievance
				  do not start until the employee receives written notice of any applicable
				  appeal rights.
Authority
					 G.S.
					 126-4(7a);
Eff.
					 February 1, 1976;
Amended Eff. October 1, 1995; September 1, 1991;
					 March 1, 1990; November 1, 1989;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 20,
					 2016.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter J - EMPLOYEE RELATIONS › Section .0600 - DISCIPLINARY ACTION: SUSPENSION AND DISMISSAL › Section 01J .0607 - REPEALED - EXAMPLES OF RELATING TO PERFORMANCE OF DUTIES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 126-4;
Eff. February 1,
					 1976;
Repealed Eff. October 1,
					 1984.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter J - EMPLOYEE RELATIONS › Section .0600 - DISCIPLINARY ACTION: SUSPENSION AND DISMISSAL › Section 01J .0608 - DISMISSAL FOR PERSONAL CONDUCT

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Employees may be dismissed for a current incident of unacceptable personal
				  conduct, without any prior disciplinary action.
(b) Prior to dismissal of a career employee
				  on the basis of unacceptable personal conduct, there shall be a pre-dismissal
				  conference between the employee and the person recommending dismissal. This
				  conference shall be held in accordance with the provisions of
				  25 NCAC
				  01J .0613.
(c) Dismissals for unacceptable personal
				  conduct require written notification to the employee. Such notification must
				  include specific reasons for the dismissal and notice of the employee's right
				  of appeal.
(d) Failure to give
				  specific written reasons for the dismissal, failure to give written notice of
				  applicable appeal rights, or failure to conduct a pre-dismissal conference
				  constitute procedural violations with remedies as provided for in
				  25 NCAC
				  01B .0432. Time limits for filing a grievance
				  do not start until the employee receives written notice of any applicable
				  appeal rights.
Authority
					 G.S.
					 126-1A;
					 126-4;
					 126-35;
Eff. February
					 1, 1976;
Amended Eff. October 1, 1995; March 1, 1994; July 1, 1989;
					 August 1, 1985;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 20,
					 2016.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter J - EMPLOYEE RELATIONS › Section .0600 - DISCIPLINARY ACTION: SUSPENSION AND DISMISSAL › Section 01J .0609 - REPEALED - EXAMPLES OF CAUSES RELATING TO PERSONAL CONDUCT

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 126-4;
					 126-35;
Eff. February
					 1, 1976;
Repealed Eff. October 1,
					 1984.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter J - EMPLOYEE RELATIONS › Section .0600 - DISCIPLINARY ACTION: SUSPENSION AND DISMISSAL › Section 01J .0610 - WRITTEN WARNING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The supervisor
				  shall monitor and promote the satisfactory performance of work assignments and
				  assure that employees do not engage in unacceptable personal conduct. All types
				  of performance-related job inadequacies may constitute unsatisfactory job
				  performance under this Section. Unacceptable personal conduct may be
				  work-related or non-work-related conduct and may be intentional or
				  unintentional. When the supervisor determines that disciplinary action is
				  appropriate for unsatisfactory job performance, a written warning is the first
				  type of disciplinary action that an employee shall receive. The supervisor may
				  elect to issue a written warning for grossly inefficient job performance or
				  unacceptable personal conduct. The written warning shall:
(1) inform the employee that this is a
				  written warning, and not some other non-disciplinary process such as
				  counseling;
(2) inform the employee
				  of the specific issues that are the basis for the warning;
(3) tell the employee what specific
				  improvements, if applicable, shall be made to address these specific
				  issues;
(4) tell the employee the
				  time frame allowed for making the required improvements or corrections. Absent
				  a specified time frame, 60 days is the time frame allowed for correcting
				  unsatisfactory job performance and immediate correction is required for grossly
				  inefficient job performance or unacceptable personal conduct; and
(5) tell the employee the consequences of
				  failing to make the required improvements or corrections;
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter J - EMPLOYEE RELATIONS › Section .0600 - DISCIPLINARY ACTION: SUSPENSION AND DISMISSAL › Section 01J .0611 - DISCIPLINARY SUSPENSION WITHOUT PAY

Current through Register Vol. 39, No. 2, July 15, 2024
An employee may be suspended without pay for disciplinary
					 purposes for unsatisfactory job performance after the receipt of at least one
					 prior disciplinary action or for causes relating to any form of unacceptable
					 personal conduct or grossly inefficient job performance. A disciplinary
					 suspension without pay for an employee who is subject to the overtime
					 compensation provisions of the Fair Labor Standards Act (FLSA) must be for at
					 least one full work day, but not more than two work weeks. The length of a
					 disciplinary suspension without pay for an employee who is exempt from the
					 overtime compensation provisions of the FLSA must be for at least one full work
					 week, but not more than two full work weeks. Prior to placing any employee on
					 disciplinary suspension without pay, a management representative shall conduct
					 a pre-suspension conference with the employee in accordance with the procedural
					 requirements of this Section. An employee who has been suspended without pay
					 must be furnished a statement in writing setting forth the specific acts or
					 omissions that are the reasons for the suspension and the employee's appeal
					 rights.
An agency or university has the option of imposing the same
					 periods of disciplinary suspension without pay upon all employees as long as
					 the period is the same as for employees exempt from the overtime provisions of
					 the FLSA as set forth in this Section.
Authority
					 G.S.
					 126-4(6);
					 126-35;
Eff. October
					 1, 1984;
Amended Eff. October 1, 1995; January 1, 1989; September
					 1, 1988;
Pursuant to
					 G.S.
					 150B-33(b)(9),
					 Administrative Law Judge Beecher Gray declared rule
					 25 NCAC
					 01J .0611 void as applied in Michael A.
					 Kelly, Steven Wayne Mobley v. NC Department of Environment and Natural
					 Resources (04 OSP 1572; 04 OSP 1573; Affirmed 664 S.E.2d 625);
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 20,
					 2016.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter J - EMPLOYEE RELATIONS › Section .0600 - DISCIPLINARY ACTION: SUSPENSION AND DISMISSAL › Section 01J .0612 - DEMOTION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any employee
				  may be demoted as a disciplinary measure. Demotion may be made on the basis of
				  either unsatisfactory or grossly inefficient job performance or unacceptable
				  personal conduct.
(1) Unsatisfactory Job
				  Performance. An employee may be demoted for unsatisfactory job performance
				  after the employee has received at least one prior disciplinary
				  action.
(2) Grossly Inefficient Job
				  Performance. An employee may be demoted for grossly inefficient job performance
				  without any prior disciplinary action.
(3) Personal Conduct. An employee may be
				  demoted for unacceptable personal conduct without any prior disciplinary
				  action.
(4) An employee who is
				  demoted must receive written notice of the specific reasons for the demotion,
				  as well as notice of any applicable appeal rights.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter J - EMPLOYEE RELATIONS › Section .0600 - DISCIPLINARY ACTION: SUSPENSION AND DISMISSAL › Section 01J .0613 - PROCEDURAL REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
The following procedural requirements shall be followed to
					 issue disciplinary action under this Section:
(1) WRITTEN WARNING - to issue a written
				  warning to an employee, a supervisor shall issue the employee a written
				  warning, detailing the matters referenced in Rule .0610(a)(1) - (5) of this
				  Section and including any applicable appeal rights.
(2) DISCIPLINARY SUSPENSION WITHOUT PAY - to
				  place an employee on disciplinary suspension without pay, a supervisor shall
				  comply with the following procedural requirements:
(a) In matters of unsatisfactory job
				  performance, insure that the employee has received at least one prior
				  disciplinary action. In matters of grossly inefficient job performance or
				  unacceptable personal conduct there are no pre-conditions so an employee may be
				  suspended without pay for a current incident of grossly inefficient performance
				  or unacceptable misconduct;
(b)
				  Schedule and conduct a pre-suspension conference. Advance oral or written
				  notice of the appropriate pre-disciplinary conference shall be given to the
				  employee of the time, location, and the issue for which discipline has been
				  recommended. The amount of advance notice shall be as much as is practical
				  under the circumstances;
(c)
				  Furnish the employee a statement in writing setting forth the specific acts or
				  omissions that are the reasons for the suspension;
(d) Advise the employee of any applicable
				  appeal rights in the document effecting the suspension.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter J - EMPLOYEE RELATIONS › Section .0600 - DISCIPLINARY ACTION: SUSPENSION AND DISMISSAL › Section 01J .0614 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
As used in this Subchapter:
(1) Current Unresolved Incident means conduct
				  or performance that:
(a) constitutes a
				  violation of this Section; and
(b)
				  for which no disciplinary action has been previously imposed or issued by
				  agency or university management.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter J - EMPLOYEE RELATIONS › Section .0600 - DISCIPLINARY ACTION: SUSPENSION AND DISMISSAL › Section 01J .0615 - INVESTIGATORY LEAVE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Investigatory
				  leave with pay shall be used to temporarily remove an employee from work
				  status. Placement on investigatory leave with pay shall not constitute a
				  disciplinary action as defined in this Section,
				  G.S.
				  126-34.02, or in
				  G.S.
				  126-35. Management shall notify an employee
				  in writing of the reasons for placement on investigatory leave not later than
				  the second scheduled work day after the beginning of the placement.
				  Investigatory leave with pay may last no longer than 30 calendar days without
				  written approval of extension by the agency head and the State Human Resources
				  Director. The State Human Resources Director shall approve an extension of the
				  period of investigatory leave with pay, for no more than an additional 30
				  calendar days, for one or more of the following reasons:
(1) the matter is being investigated by law
				  enforcement personnel, the investigation is not complete, and the agency is
				  unable to complete its own independent investigation without facts contained in
				  the law enforcement investigation, and the agency is unable to conduct its own
				  investigation;
(2) a management
				  individual who is necessary for resolution of the matter is unavailable;
				  or
(3) a person or persons whose
				  information is necessary for resolution of the matter is/are
				  unavailable.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter J - EMPLOYEE RELATIONS › Section .0600 - DISCIPLINARY ACTION: SUSPENSION AND DISMISSAL › Section 01J .0616 - CREDENTIALS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Classifications
				  or positions required to be licensed, registered, or certified in accordance
				  with North Carolina General Statutes shall be specified in the statement of
				  essential qualifications or recruitment standards for classifications approved
				  by the State Human Resources Commission. Employees in such classifications or
				  positions shall obtain and maintain current, valid credentials.
(b) Failure to obtain or maintain the
				  required credentials constitutes a basis for dismissal without prior warning,
				  consistent with dismissal for unacceptable personal conduct or grossly
				  inefficient job performance. An employee who is dismissed for failure to obtain
				  or maintain credentials shall be dismissed under the procedural requirements
				  applicable to dismissals for unacceptable personal conduct or grossly
				  inefficient job performance.
(c)
				  Falsification of employment credentials or other documentation in connection
				  with securing employment constitutes just cause for disciplinary action. When
				  credential or work history falsification is discovered after employment with a
				  state agency, disciplinary action shall be administered as follows:
(1) If an employee was determined to be
				  qualified and was selected for a position based upon falsified work experience,
				  education, registration, licensure, or certification information that was a
				  requirement for the position, the employee shall be dismissed in accordance
				  with Rule .0608 of this Section.
(2) In all other cases of post-hiring
				  discovery of false or misleading information, disciplinary action shall be
				  taken, but the severity of the disciplinary action shall be at the discretion
				  of the agency head.