MISSISSIPPI LEGISLATURE

2014 Regular Session

To: Appropriations

By: Representatives Frierson, Hines

House Bill 253

(As Passed the House)

AN ACT TO AMEND SECTION 25-9-129, MISSISSIPPI CODE OF 1972, TO REQUIRE THE HEARING OFFICERS OF THE EMPLOYEE APPEALS BOARD TO BE RESIDENTS OF THE SUPREME COURT DISTRICTS FROM WHICH THEY ARE APPOINTED; 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 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.  Each hearing officer shall be a resident of the Supreme Court District from which the officer is appointed.  If a hearing officer moves his or her residence from the Supreme Court District from which the officer was appointed during the officer's term, the position shall be vacated and the State Personnel Board shall appoint another hearing officer to serve for the remainder of the unexpired term.  The members 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.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2014.