(i) Brief biography of the nominee, summarizing positions held, educational background, civic and professional involvement, and other personal data; and (ii) Statement of achievement (a) Description of the nominee’s work, including but not limited to what was accomplished, how resources were maximized, and what was innovative about the nominee's work; (b) Description of the significance of the nominee’s work, including but not limited to the impact on efficiency and effectiveness; and (c) Description of the nominee's commitment to government in Mississippi and how his/her service exemplifies that commitment. C. Submission Guidelines Nominations may be submitted by email, mail, or hand-delivery. Emails must be time stamped on or before February 1st, and mail must be postmarked on or before February 1st. Nominations which are hand-delivered must be received by the MSPB Executive Director on or before the close of business on February 1st. D. Verification Information submitted in support of nominations is subject to verification by the Executive Director. In addition, the Governor or the Executive Director may request a nominating party or nominee to furnish additional information. 7.6.3 Selection Criteria A. The nominee must have primary and direct responsibility for administrative action and implementation of personnel-related improvements in productivity, efficiency, or effectiveness. B. Measurability and tangibility of results will be considered. Examples include, but are not limited to, increased revenues, reduced expenditures while maintaining same quality/quantity standards, or improved quality/quantity standards at equal or decreased cost. C. Adaptability of actions and/or transferability of approach to other state, district, and/or local jurisdictions will be considered. D. Innovation of action or approach will be considered.
provide employees of the State of Mississippi an opportunity, in compliance with the EAB’s rules, to appeal agency level decisions adversely affecting the employee’s service. DEFINITIONS “Agency” means the State agency against which an employee or job applicant is filing an appeal. “Administrative Office” means the office that receives, maintains, and provides data regarding the filings and other matters before the Employee Appeals Board. “Administrative Office Notice” means the process of informing the parties of action by a presiding hearing officer. Notice may be given electronically, including facsimile notice, or by any other method reasonably calculated to effect actual notice. This definition applies to notices of hearings, orders, decisions, and other pertinent documents. “EAB” means the three hearing officers presiding en banc. “File” means submitting pleadings and other documents to the Administrative Office. Filing may be accomplished electronically, including fax, by certified mail or personal delivery, or any other method specified by the presiding hearing officer. The date of filing is the date of receipt by the Administrative Office of the document. When a document is filed electronically, filing is considered accomplished on the date the electronic message is sent as indicated by the electronic message. “Hearing Officer” means one of the individual hearing officers appointed pursuant to Mississippi Code Annotated § 25-9-129. “Parties” mean the person or persons filing an appeal and all agencies against which an appeal is filed. “Presiding hearing officer” means the chief hearing officer when the EAB hears a matter en banc or the hearing officer assigned to an appeal. “Serve” means giving notice of a filing to all other parties. Service may be accomplished electronically, by certified mail, personal delivery, or any other method specified by the Administrative Office. The date of service will be determined by the date indicated on the serving party’s certification. ADMINISTRATIVE RULES I. Notice of Appellants’ Rights Each agency shall give notice to all applicants and employees of their rights regarding appeals and shall make available copies of these administrative rules. II. Time Calculations In computing any period of time prescribed or allowed by these rules, the day of the act or event from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, Sunday, legal holiday or any other day the Administrative Office is in fact closed, in which event the period runs until the end of the
next day that is not a Saturday, Sunday, legal holiday or other day the Administrative Office is closed. Intermediate Saturdays, Sundays and legal Holidays shall be excluded in the computation when the period of time prescribed or allowed is less than ten days. In the event any legal holiday falls on a Saturday or Sunday, the legal holiday will be observed as mandated by law. III. Who May Appeal; Actions Which May Be Appealed A. A permanent State Service employee may appeal any action adversely affecting his or her compensation or employment status after exhausting applicable agency grievance procedures. B. A permanent State Service employee may appeal any grievable action and/or a disciplinary action. (See Section 10.1 – 10.6 of the Mississippi State Personnel Board Policy and Procedures Manual). No person may appeal a non-grievable action. (See Section 10.3 of the Mississippi State Personnel Board Policy and Procedures Manual). A permanent State Service employee, probationary employee in a State Service position, or non-State Service employee in, or applicant for, an authorized employment position in an agency which employs State Service employees, may appeal alleged acts of discrimination based on race, color, religion, national origin, sex, age, disability, or political affiliation in any personnel action or unlawful employment practice. A permanent State Service employee, probationary employee in a State Service position, or non-State Service employee in, or applicant for, an authorized employment position in an agency which employs State Service employees, may appeal alleged acts of retaliation based upon the employee or applicant’s reports of alleged improper government action to a State investigative body. An employee may appeal the decision that he or she is not eligible to receive donated leave because the injury or illness of the employee or member of the employee’s immediate family is not, in the appointing authority’s determination, a catastrophic injury or illness. IV. Exhaustion of Remedies No person may file an appeal with the Administrative Office until all applicable grievance procedures have been exhausted in accordance with MSPB policies, rules and regulations. 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 EAB has been filed by the Administrative Office.
of the prehearing conference is to simplify the issues, procedures, and evidence in order to fairly hear and decide the case. XII. Prehearing Conference 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 pre-hearing 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. XIII. Prehearing Order After a prehearing conference, the presiding hearing officer will issue a prehearing order. XIV. Motions 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 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. Motions not filed in a timely manner pursuant to this rule will be heard only at the discretion of the presiding hearing officer. Motions for continuance will be granted only for good cause. Except for extraordinary reasons, motions for continuance may not be filed any later than fourteen days before the scheduled hearing. XV. Witnesses Each party shall file a list of witnesses such party will call to testify at the hearing. If the presiding hearing officer does not order the filing of witness lists at a different time, then 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: Name; Employer; Street address of employer; and Brief summary of testimony to be given. The issuance of subpoenas to compel the attendance of witnesses shall be governed by Rule XVI.