MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Fees, Salaries and Administration

By: Senator(s) Gordon

AN ACT TO AMEND SECTION 25-9-131, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IF THE RESPONDING STATE AGENCY HAS ACTED IN ACCORDANCE WITH THE PUBLISHED POLICIES, RULES AND REGULATIONS OF THE STATE PERSONNEL BOARD, AND IF THE PERSONNEL ACTION TAKEN BY THE RESPONDING AGENCY IS ALLOWED UNDER SAID POLICIES, RULES AND REGULATIONS, THE EMPLOYEE APPEALS BOARD SHALL NOT ALTER THE ACTION TAKEN BY THE AGENCY; AND FOR RELATED PURPOSES.  

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 25-9-131, Mississippi Code of 1972, is amended as follows:

25-9-131. (1) Any employee in the state service may appeal his dismissal or other action adversely affecting his employment status to the Employee Appeals Board created herein. The proceedings before the Employee Appeals Board shall be de novo, and the employee shall be afforded all applicable safeguards of procedural due process. The Employee Appeals Board shall have the authority to administer oaths and affirmations and to issue subpoenas to compel the attendance of witnesses and the production of books, papers, records or other documentary evidence upon a showing of relevancy or materiality of the witnesses or documents to an appeal pending before the board. Subpoenas so issued shall be delivered to the sheriff of the county where they are to be executed, and the sheriff shall cause them to be served. In case of the failure of any person to comply with any subpoena issued by the board, the board or its authorized representative may invoke the aid of any court of this state of general jurisdiction. The court may thereupon order such person to comply with the requirements of the subpoena. Failure to obey the order of the court may be punished by the court as a contempt thereof. The Employee Appeals Board may modify the action of the department, agency or institution but may not increase the severity of such action on the employee. If the responding agency has acted in accordance with the published policies, rules and regulations of the State Personnel Board, and if the personnel action taken by the responding agency is allowed under said policies, rules and regulations, the Employee Appeals Board shall not alter the action taken by the agency. Such appointing authority shall promptly comply with the order issued as a result of the appeal to the Employee Appeals Board.

(2) Any employee aggrieved by a final decision of the Employee Appeals Board shall be entitled to judicial review thereof in the manner provided by law.

(3) It is the intent of Sections 25-9-127 through 25-9-131 to supersede and replace any existing statutory procedure conflicting in whole or in part which provides for the discharge of state employees in any state agency.

SECTION 2. This act shall take effect and be in force from and after its passage.