MISSISSIPPI LEGISLATURE

2018 Regular Session

To: Accountability, Efficiency, Transparency

By: Representatives Turner, Hughes

House Bill 1095

AN ACT TO AMEND SECTION 25-9-129, MISSISSIPPI CODE OF 1972, TO REVISE THE APPOINTEES TO THE EMPLOYEE APPEALS BOARD; TO PROVIDE THAT THE HEARING OFFICERS OF THE EMPLOYEE APPEALS BOARD SHALL CONSIST OF A POOL OF INDEPENDENT, LICENSED ATTORNEYS; TO PROVIDE THAT THE STATE PERSONNEL BOARD SHALL SET THE FEE FOR THE HEARING OFFICERS OF THE EMPLOYEE APPEALS BOARD; TO REMOVE THE PROVISION THAT AUTHORIZED MEMBERS OF THE EMPLOYEE APPEALS BOARD SHALL BE REIMBURSED FOR ANY ACTUAL AND NECESSARY EXPENSES INCURRED WHILE HEARING AN APPEAL; TO AMEND SECTIONS 25-9-131 AND 25-9-132, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ANY PARTY, AS OPPOSED TO ANY EMPLOYEE, AGGRIEVED BY A FINAL DECISION OF THE EMPLOYEE APPEALS BOARD SHALL BE ENTITLED TO JUDICIAL REVIEW OF THE DECISION; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 25-9-129, Mississippi Code of 1972, is amended as follows:

     25-9-129.  The State Personnel Board shall appoint an Employee Appeals Board * * *, which shall consist of three (3) hearing officers, for the purpose of holding hearings, compiling evidence and rendering decisions on appeals of state agency action adversely affecting the employment status or compensation of any employee in the state service.  Hearings before the Employee Appeals Board * * *may shall be conducted * * *by an individual hearing officer or by the board en banc, as provided in State Personnel Board Rules. * * * The original appointments shall be effective February 1, 1981, as follows:

  (a)  One (1) hearing officer from the First Supreme Court District, for a term of two (2) years to expire February 1, 1983;

  (b)  One (1) hearing officer from the Second Supreme Court District, for a term of three (3) years to expire February 1, 1984; and

  (c)  One (1) hearing officer from the Third Supreme Court District for a term of four (4) years to expire February 1, 1985.

Upon expiration of the foregoing terms, members shall be appointed by the board for terms to expire February 1 each four (4) years thereafter, and may be reappointed.

The hearing officers of the Employee Appeals Board shall consist of a pool of independent, licensed attorneys.  The * * *members hearing officers of the Employee Appeals Board shall be paid an appropriate fee, to be established by the * * *Attorney General, and they shall be reimbursed for any actual and necessary expenses incurred while hearing an appeal as authorized by general law State Personnel Board.

     SECTION 2.  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 or her dismissal or other action adversely affecting his or her 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.  Such appointing authority shall promptly comply with the order issued as a result of the appeal to the Employee Appeals Board.

     (2)  Any * * *employee party 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 supercede 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 3.  Section 25-9-132, Mississippi Code of 1972, is amended as follows:

     25-9-132.  Any * * *employee party aggrieved by a final decision of the Employee Appeals Board shall be entitled to judicial review thereof in the manner provided in this section.

     (1)  An appeal may be taken * * *by such employee to the circuit court of the principal county of the * * *employee's party's employment or the Circuit Court of the First Judicial District of Hinds County, by filing a petition with the clerk of such court and executing and filing bond payable to the State of Mississippi with sufficient sureties to be approved by the clerk of the court, in the penalty of Five Hundred Dollars ($500.00), conditioned upon the payment of all costs of appeal, including the cost of preparing the transcript of the hearing before the Employee Appeals Board.  The petition and bond shall be filed within thirty (30) days of the receipt of the final decision of the Employee Appeals Board.  Upon approval of the bond, the clerk of the court shall notify the Employee Appeals Board, which shall prepare its record in the matter and transmit it to the circuit court.

     (2)  The scope of review of the circuit court in such cases shall be limited to a review of the record made before the Employee Appeals Board * * *or hearing officer to determine if the action of the Employee Appeals Board is unlawful for the reason that it was:

          (a)  Not supported by any substantial evidence;

          (b)  Arbitrary or capricious; or

          (c)  In violation of some statutory or constitutional right of the * * *employee party.

     (3)  No relief shall be granted based upon the court's finding of harmless error by the board in complying with the procedural requirements of Sections 25-9-127 through 25-9-129; provided, however, in the event that there is a finding of prejudicial error in the proceedings, the cause may be remanded for a rehearing consistent with the findings of the court.

     (4)  Any party aggrieved by action of the circuit court may appeal to the Supreme Court in the manner provided by law.

     (5)  In each controversy in which the Employee Appeals Board assumes jurisdiction, the State Personnel Board shall assess the respondent state agency a reasonable fee to defray the cost of recording the hearing.  The State Personnel Board is hereby authorized to contract with certified court reporters to record hearings before the Employee Appeals Board.

     SECTION 4.  This act shall take effect and be in force from and after July 1, 2018.

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