GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 1999

SENATE BILL 532
RATIFIED BILL

AN ACT REWRITING THE LAWS RELATED TO THE CIVIL SERVICE BOARD OF THE CITY OF ASHEVILLE, AND AUTHORIZING BUNCOMBE COUNTY TO CONDUCT AN ADVISORY REFERENDUM ON ZONING.

The General Assembly of North Carolina enacts:

Section 1. Chapter 757 of the 1953 Session Laws, as amended, reads as rewritten:
"Section 1. There is hereby established as a part of government of the City of Asheville, a Civil Service Board which shall have the powers and perform the duties specified in this Act with respect to the classified service of the City of Asheville as defined in this Act.  The City Manager shall provide for the operational needs of the Civil Service Board in the City's annual budget.
Section 2.  
The Civil Service Board shall consist of five members as follows: (i) two members who shall be chosen by the City Council at a meeting of the Council and they shall serve at the pleasure of the Council; (ii) two members who shall be elected by the members of the classified service of the City, as defined in this Act, at an election held for that purpose and on a normal City workday not less than 10 nor more than 30 days after written notice of the date of the election is provided to each member of the classified service; and (iii) one member who shall be selected by majority vote of the four other members already selected or elected at a meeting held within 30 days after the members elected by the classified service have taken office.  If a member  is not elected by majority vote of the four other members, the City Council shall appoint a member to the Board. All members of the Board shall be eligible for successive terms, in the same manner in which they were initially selected or elected and may serve beyond the end of their respective terms until their successors take office. The chair of the Civil Service Board shall be appointed annually by the City Council, or more often as needed, from among the membership of the Board.  The members of the Board shall serve without compensation but may be reimbursed for expenses pursuant to policies adopted by the City.
The City Council shall, by ordinance not inconsistent with this act, establish the procedure for the election of the representatives of the employees in the classified service, and provide for meeting the expense for such elections.  The members of the Civil Service Board must all be qualified voters of the City of Asheville, not employed by the city or serving on the City Council.  In the event of a vacancy on the Board, such vacancy shall be filled by the body or group, choosing the member, a successor to whom is to be chosen, and in the manner herein provided for the selection of such member.
Section 3.  The classified service of the City shall include all officers and employees of the City of Asheville, except officers elected by the people, the city manager, directors of departments, as defined in the city charter, and members of advisory boards appointed by such directors, the city clerk, or any deputy clerk of the City of Asheville, and members of any board or commission appointed by the Council, and employees of independent boards now choosing their own employees.
Section 4.  The Civil Service Board shall make, and may amend, rules for promoting efficiency in the classified service of the rCity as provided in Section 5 of this Act. Such rules and any amendment thereto, shall be submitted to the Council for approval, and shall be open to public inspection, when filed with the Council for approval.  The City Council, after giving members of the classified service and citizens of Asheville an opportunity to be heard at a public hearing, shall act upon such proposed rules and amendments, and such rules or amendments, when approved by a majority vote of the Council, shall be in full force and effect.  The Council may, before approval, amend the rules or amendments thereto, submitted to it for approval.
Section 5.  Such rules, as authorized in Section 4 of this Act, among other things, may provide:
(1)	For the standardization and classification of all positions and employments in the classified service of the City.  Such classification into groups and subdivisions shall be based upon and graded according to duties and responsibilities, and so arranged as to promote the filling of the higher grades, so far as practicable, through promotions.  The City Manager or his or her designee shall consult representative employees in the Police and Fire Departments to establish criteria to be used to fill each position within those respective departments, including lateral entry positions.  If only one representative employee is consulted, he or she shall be a representative chosen by the employees of the respective department.  If a group of two or more employees is established for purposes of this subdivision, at least one-half of the employees shall be chosen by the employees of the respective department.  The Civil Service Board shall have the authority to approve any criteria established and the criteria shall apply only to persons promoted or hired after the effective date of the approval.  This provision shall not apply to hiring or promotional processes initiated prior to the effective date of this Act.
														(2)	For temporary or part-time employment to meet the transitory or seasonal needs of the City, except no temporary or part-time employment may occur or continue in violation of applicable State or federal law.
(3)	For the establishment of a probationary period for new City employees prior to employees becoming  members of the classified service, except no probationary period or any extension thereof may exceed one year in the aggregate.
(4)	For suspension for purpose of discipline, with or without pay, for not longer than 90 days.
(5)	For discharge or reduction in rank or compensation after the person to be discharged or reduced has, if he or she so requests, been presented by the person responsible for his or her appointment with the reasons therefor specifically stated in writing and has been given an opportunity to be publicly heard in his or her own defense by the Civil Service Board, in accordance with Section 8 of this Act. The written reasons for the discharge or reduction and any reply in writing thereto by any such officer or employee shall be filed with the Department of Civil Service.
(6)	For investigation and keeping a record of the efficiency of officers and employees in the classified service, and for requiring markings and reports relative thereto from appointing authorities.
Section 6.  The Civil Service Board shall have the authority, exercisable by any of its members, to review and approve all promotional processes in the Police and Fire Departments and may review any promotional decision in accordance with Section 7 of this Act but no promotional decision may be changed except in accordance with Section 8 of this Act. This section shall not apply to promotional processes initiated prior to the effective date of this Act.
Section 7.  The Council, the City Manager, the chair of the Civil Service Board, or any person designated by any of them, may make investigations concerning the facts in respect to the operation and enforcement of the provisions of this Act and of the rules established thereunder, and concerning the condition of the civil service of the City or any branch thereof and may refer such matters to the Civil Service Board for hearing in accordance with Section 8 of this Act, or for further investigation as appropriate.   Any person, or persons, making any investigation authorized or required by this section, shall have the power to subpoena and require the attendance of witnesses.  A copy of the report of the investigation shall be filed with the city clerk and be open for public inspection, subject to the provisions of the Personnel Privacy Act or other laws governing the disclosure of records in this State.
Section 8. (a)  Whenever any member of the classified service of the City is discharged, suspended, reduced in rank, transferred against his or her will, or is denied any promotion or raise in pay which he or she would be entitled to, that member shall be entitled to a hearing before the Civil Service Board to determine whether or not the action complained of is justified.
(b)	Any member of the classified service of the City who desires a hearing shall file his or her request for hearing with the city clerk within 10 days after learning of the act or omission of which he or she complains but not before the member shall have exhausted his or her remedy provided by the grievance procedures established by ordinance or policy of the City and the grievance procedure shall be concluded within 30 days.  If the grievance procedure is not concluded within 30 days, the member may proceed as provided in this section.  Upon receipt of notice as required in this section, the city clerk shall set the matter for hearing before the Civil Service Board at a date not less than five nor more than 15 days from the clerk's receipt of such notice.  Except for the time for filing the initial request for hearing with the Board, the Board may extend the time for taking action under this section for cause or by agreement of the parties to the proceeding.
(c)	Any member of the classified service of the City who requests a hearing pursuant to this Act shall be entitled to be represented by counsel of his or her choice at all stages of the proceeding. The City may be represented by its attorney at any such hearing.
(d)	At such hearing, the burden of proving the justification of the act or omission complained of shall be upon the City and the member requesting the hearing shall be entitled to inspect and copy any records upon which the City plans to rely at the hearing if the records are requested in writing by the member or his or her attorney prior to the day set for the hearing.
(e)	The Civil Service Board shall render its decision in writing within five days after the conclusion of the hearing.  If the Board determines that the act or omission complained of is not justified, the Board shall order to rescind whatever action the Board has found to be unjustified and may order the City to take such steps as are necessary for a just conclusion of the matter before the Board.  Upon reaching its decision, the Board shall, in writing, immediately inform the city clerk and the member requesting the hearing of the Board's decision.
(f)	Within ten days of the receipt of notice of the decision of the Board, either party may appeal to the Superior Court Division of the General Court of Justice for Buncombe County for a trial de novo.  The appeal shall be effected by filing with the Clerk of the Superior Court of Buncombe County a petition for trial in superior court, setting out the facts upon which the petitioner relies for relief.  If the petitioner desires a trial by jury, the petition shall so state.  Upon the filing of the petition, the clerk of the superior court shall issue a civil summons as in regular civil action, and the sheriff of Buncombe County shall serve the summons and petition on all parties who did not join in the petition for trial.  It shall be sufficient service upon the City for the sheriff to serve the petition and summons upon the clerk of the City.  Thereafter, the matter shall proceed to trial as any other civil action.
Section 9.  No person about to be appointed to any position in the service of the City shall sign or execute a resignation dated or undated, in advance of such appointment.  No person in the service of the City shall discharge, suspend, layoff, reduce in grade or in any manner change the official rank or compensation of any person in such service, or promise or threaten to do so, for withholding or neglecting to make any contribution or money or service or any valuable thing for any political purpose.  
Section 10.  It shall be the duty of the Civil Service Board to supervise the execution of the foregoing civil service provisions of this Act and of the rules made thereunder, and it shall be the duty of all persons in the service of the City to comply with such rules and to aid in their enforcement.  
Section 11.  Any and all employees of the classified service as defined in this Act, who are members of the classified service as defined in this Act at the time of the effective date of this Act, shall be deemed to hold and occupy such position as an employee of the civil service of the City, as established by this Act, subject only to layoff, suspension, or removal therefrom, as provided in this Act, and all of the provisions of this Act shall be applicable to any and all such employees.
Section 12.  If any section, subsection, subdivision, sentence, clause, or phrase of this Act shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Act.
Section 13.  All laws and clauses of laws in conflict with the provisions of this Act are hereby repealed.
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Section 2. Notwithstanding the provisions of this act, the existing Civil Service Board shall continue in operation, with no interruption in the term of any current member, and without affecting the manner of selection or eligibility for current service or successive terms of any member, and the powers, duties, and responsibilities of the Board shall be as prescribed by this act from and after the effective date of this act.
Section 3.(a) The board of commissioners of a county may direct the board of elections of that county to conduct a countywide advisory referendum on zoning in the unincorporated area of that county.
Section 3.(b) The board of commissioners shall decide the form and content of the issue on the ballot.
Section 3.(c) Any referendum under this section must be conducted on or before December 31, 1999.
Section 3.(d) This section applies to Buncombe County  only.
Section 4. Sections 1 and 2 of this act become effective 30 days after they become law. The remainder of this act is effective when it becomes law.
In the General Assembly read three times and ratified this the 15th day of July, 1999.

	─────────────────── 
	Dennis A. Wicker
	President of the Senate

	─────────────────── 
	James B. Black
				eaker of the House of Representatives