§ 116-40.6. East Carolina University Medical Faculty Practice Plan. - North Carolina Statutes

§ 116‑40.6.  EastCarolina University Medical Faculty Practice Plan.

(a)        Medical FacultyPractice Plan. – The "Medical Faculty Practice Plan", a division ofthe School of Medicine of East Carolina University, operates clinical programsand facilities for the purpose of providing medical care to the general publicand training physicians and other health care professionals.

(b)        Personnel. – Employeesof the Medical Faculty Practice Plan shall be deemed to be employees of theState and shall be subject to all provisions of State law relevant thereto;provided, however, that except as to the provisions of Articles 5, 6, 7, and 14of Chapter 126 of the General Statutes, the provisions of Chapter 126 shall notapply to employees of the Medical Faculty Practice Plan, and the policies andprocedures governing the terms and conditions of employment of such employeesshall be adopted by the Board of Trustees of East Carolina University;provided, that with respect to such employees as may be members of the facultyof East Carolina University, no such policies and procedures may beinconsistent with policies established by, or adopted pursuant to delegationfrom, the Board of Governors of The University of North Carolina. Such policiesand procedures shall be implemented on behalf of the Medical Faculty PracticePlan by a personnel office maintained by East Carolina University.

(1)        The board oftrustees shall fix or approve the schedules of pay, expense allowances, andother compensation, and adopt position classification plans for employees ofthe Medical Faculty Practice Plan.

(2)        The board oftrustees may adopt or provide for rules and regulations concerning, but notlimited to, annual leave, sick leave, special leave with full pay, or withpartial pay supplementing workers' compensation payments for employees injuredin accidents arising out of and in the course of employment, workingconditions, service awards, and incentive award programs, grounds fordismissal, demotion, or discipline, other personnel policies, and any othermeasures that promote the hiring and retention of capable, diligent, andeffective career employees. However, an employee who has achieved career Stateemployee status as defined by G.S. 126‑1.1 by October 31, 1998, shall nothave his or her compensation reduced as a result of this subdivision. Further,an employee who has achieved career State employee status as defined by G.S.126‑1.1 by October 31, 1998, shall be subject to the rules regardingdiscipline or discharge that were effective on October 31, 1998, and shall notbe subject to the rules regarding discipline or discharge adopted after October31, 1998.

(3)        The board oftrustees may prescribe the office hours, workdays, and holidays to be observedby the various offices and departments of the Medical Faculty Practice Plan.

(4)        The board oftrustees may establish boards, committees, or councils to conduct hearings uponthe appeal of employees who have been suspended, demoted, otherwisedisciplined, or discharged, to hear employee grievances, or to undertake anyother duties relating to personnel administration that the board of trusteesmay direct.

The board of trustees shallsubmit all initial classification and pay plans, and other rules andregulations adopted pursuant to subdivisions (1) through (4) of this subsectionto the Office of State Personnel for review upon adoption by the board. Anysubsequent changes to these plans, rules, and policies adopted by the boardshall be submitted to the Office of State Personnel for review. Any comments bythe Office of State Personnel shall be submitted to the Chancellor of EastCarolina University and the President of The University of North Carolina.

(c)        Purchases. – Notwithstandingthe provisions of Articles 3, 3A, and 3C of Chapter 143 of the General Statutesto the contrary, the Board of Trustees of East Carolina University shallestablish policies and regulations governing the purchasing requirements of theMedical Faculty Practice Plan. These policies and regulations shall provide forrequests for proposals, competitive bidding, or purchasing by means other thancompetitive bidding, contract negotiations, and contract awards for purchasingsupplies, materials, equipment, and services which are necessary andappropriate to fulfill the clinical and educational missions of the MedicalFaculty Practice Plan. Pursuant to such policies and regulations, purchases forthe Medical Faculty Practice Plan shall be effected by a purchasing officemaintained by East Carolina University. The board of trustees shall submit allinitial policies and regulations adopted under this subsection to the Divisionof Purchase and Contract for review upon adoption by the board. Any subsequentchanges to these policies and regulations adopted by the board shall besubmitted to the Division of Purchase and Contract for review. Any comments bythe Division of Purchase and Contract shall be submitted to the Chancellor ofEast Carolina University and to the President of The University of NorthCarolina.

(d)        Property. – Theboard of trustees shall establish rules and regulations for acquiring ordisposing of any interest in real property for the use of the Medical FacultyPractice Plan. These rules and regulations shall include provisions fordevelopment of specifications, advertisement, and negotiations with owners foracquisition by purchase, gift, lease, or rental, but not by condemnation orexercise of eminent domain, on behalf of the Medical Faculty Practice Plan.This section does not authorize the board of trustees to encumber realproperty. Such rules and regulations shall be implemented by a property officemaintained by East Carolina University. The board of trustees shall submit allinitial rules and regulations adopted pursuant to this subsection to the StateProperty Office for review upon adoption. Any subsequent changes to these rulesand regulations shall be submitted to the State Property Office for review. Anycomments by the State Property Office shall be submitted to the Chancellor ofEast Carolina University and to the President of The University of NorthCarolina. After review by the Attorney General as to form and after theconsummation of any such acquisition, East Carolina University shall promptlyfile, on behalf of the Medical Faculty Practice Plan, a report concerning theacquisition or disposition with the Governor and Council of State. Acquisitionsand dispositions of any interest in real property pursuant to this sectionshall not be subject to the provisions of Article 36 of Chapter 143 of theGeneral Statutes or the provisions of Chapter 146 of the General Statutes.

(e)        Property – Construction.– Notwithstanding G.S. 143‑341(3) and G.S. 143‑135.1, the board oftrustees shall adopt policies and procedures to be implemented by theadministration of East Carolina University, with respect to the design,construction, and renovation of buildings, utilities, and other propertydevelopments for the use of the Medical Faculty Practice Plan, requiring theexpenditure of public money for:

(1)        Conducting the feenegotiations for all design contracts and supervising the letting of allconstruction and design contracts.

(2)        Performing theduties of the Department of Administration, the Office of State Construction,and the State Building Commission under G.S. 133‑1.1(d), Article 8 ofChapter 143 of the General Statutes, and G.S. 143‑341(3).

(3)        Using open‑enddesign agreements.

(4)        As appropriate,submitting construction documents for review and approval by the Department ofInsurance and the Division of Health Service Regulation of the Department ofHealth and Human Services.

(5)        Using the standardcontracts for design and construction currently in use for State capitalimprovement projects by the Office of State Construction of the Department ofAdministration.

The board of trustees shallsubmit all initial policies and procedures adopted under this subsection to theOffice of State Construction for review upon adoption by the board. Anysubsequent changes to these policies and procedures adopted by the board shallbe submitted to the Office of State Construction for review. Any comments bythe Office of State Construction shall be submitted to the Chancellor of EastCarolina University and to the President of The University of North Carolina. (1998‑212, s. 11.8(f);1999‑252, s. 4(b); 2007‑182, s. 1.)