§ 143B-10. Powers and duties of heads of principal departments. - North Carolina Statutes

§ 143B‑10.  Powers andduties of heads of principal departments.

(a)        Assignment ofFunctions. – Except as otherwise provided by this Chapter, the head of eachprincipal State department may assign or reassign any function vested in him orin his department to any subordinate officer or employee of his department.

(b)        Reorganization byDepartment Heads. – With the approval of the Governor, each head of a principalState department may establish or abolish within his department any division.Each head of a principal State department may establish or abolish within hisdepartment any other administrative unit to achieve economy and efficiency andin accordance with sound administrative principles, practices, and proceduresexcept as otherwise provided by law. When any such act of the head of theprincipal State department affects existing law the provisions of Article III,Sec. 5(10) of the Constitution of North Carolina shall be followed.

Each Department Head shallreport all reorganizations under this subsection to the President of theSenate, the Speaker of the House of Representatives, the Chairmen of theAppropriations Committees in the Senate and the House of Representatives, andthe Fiscal Research Division of the Legislative Services Office, within 30 daysafter the reorganization if the General Assembly is in session, otherwise tothe Joint Legislative Committee on Governmental Operations and the FiscalResearch Division of the Legislative Services Office, within 30 days after thereorganization. The report shall include the rationale for the reorganizationand any increased efficiency in operations expected from the reorganization.

(c)        Department Staffs.– The head of each principal State department may establish necessarysubordinate positions within his department, make appointments to thosepositions, and remove persons appointed to those positions, all within thelimitations of appropriations and subject to the State Personnel Act. Allemployees within a principal State department shall be under the supervision,direction, and control of the head of that department. The head of eachprincipal State department may establish or abolish positions, transferofficers and employees between positions, and change the duties, titles, andcompensation of existing offices and positions as he deems necessary for theefficient functioning of the department, subject to the State Personnel Act andthe limitations of available appropriations. For the purposes of the foregoingprovisions, a member of a board, commission, council, committee, or othercitizen group shall not be considered an "employee within a principaldepartment."

(d)        Appointment ofCommittees or Councils. – The head of each principal department may create andappoint committees or councils to consult with and advise the department. TheGeneral Assembly declares its policy that insofar as feasible, such committeesor councils shall consist of no more than 12 members, with not more than onefrom each congressional district. If any department head desires to vary thispolicy, he must make a request in writing to the Governor, stating the reasonsfor the request. The Governor may approve the request, but may only do so inwriting. Copies of the request and approval shall be transmitted to the JointLegislative Commission on Governmental Operations. The members of any committeeor council created by the head of a principal department shall serve at thepleasure of the head of the principal department and may be paid per diem andnecessary travel and subsistence expenses within the limits of appropriationsand in accordance with the provisions of G.S. 138‑5, when approved inadvance by the Director of the Budget. Per diem, travel, and subsistencepayments to members of the committees or councils created in connection withfederal programs shall be paid from federal funds unless otherwise provided bylaw.

An annual report listing thesecommittees or councils, the total membership on each, the cost in the last 12months and the source of funding, and the title of the person who made theappointments shall be made to the Joint Legislative Commission on GovernmentalOperations by March 31 of each year.

(e)        DepartmentalManagement Functions. – All management functions of a principal Statedepartment shall be performed by or under the direction and supervision of thehead of that principal State department. Management functions shall includeplanning, organizing, staffing, directing, coordinating, reporting, andbudgeting.

(f)         Custody ofRecords. – The head of a principal State department shall have legal custody ofall public records as defined in G.S. 132‑1.

(g)        Budget Preparation.– The head of a principal State department shall be responsible for thepreparation of and the presentation of the department budget request whichshall include all funds requested and all receipts expected for all elements ofthe department.

(h)        Plans and Reports.– Each principal State department shall submit to the Governor an annual planof work for the next fiscal year prior to the beginning of that fiscal year.Each principal State department shall submit to the Governor an annual reportcovering programs and activities for each fiscal year. These plans of work andannual reports shall be made available to the General Assembly. These documentswill serve as the base for the development of budgets for each principal Statedepartment of State government to be submitted to the Governor.

(i)         Reports toGovernor; Public Hearings. – Each head of a principal State department shalldevelop and report to the Governor legislative, budgetary, and administrativeprograms to accomplish comprehensive, long‑range coordinated planning andpolicy formulation in the work of his department. To this end, the head of thedepartment may hold public hearings, consult with and use the services of otherState agencies, employ staff and consultants, and appoint advisory andtechnical committees to assist in the work.

(j)         Departmental Rulesand Policies. – The head of each principal State department and the Director ofthe Office of State Personnel may adopt:

(1)        Rules consistentwith law for the custody, use, and preservation of any public records, asdefined in G.S. 132‑1, which pertain to department business;

(2)        Rules, approved bythe Governor, to govern the management of the department, which shall includethe functions of planning, organizing, staffing, directing, coordinating,reporting, budgeting, and budget preparation which affect private rights orprocedures available to the public;

(3)        Policies, consistentwith law and with rules established by the Governor and with rules of the StatePersonnel Commission, which reflect internal management procedures within thedepartment. These may include policies governing the conduct of employees ofthe department, the distribution and performance of business and internalmanagement procedures which do not affect private rights or proceduresavailable to the public and which are listed in (e) of this section. Policiesestablishing qualifications for employment shall be adopted and filed pursuantto Chapter 150B of the General Statutes; all other policies under thissubdivision shall not be adopted or filed pursuant to Chapter 150B of theGeneral Statutes.

Rules adopted under (1) and(2) of this subsection shall be subject to the provisions of Chapter 150B ofthe General Statutes.

This subsection shall not beconstrued as a legislative grant of authority to an agency to make andpromulgate rules concerning any policies and procedures other than as set forthherein. (1973,c. 476, s. 10; c. 1416, ss. 1, 2; 1977, 2nd Sess., c. 1219, s. 46; 1983, c. 76,ss. 1, 2; c. 641, s. 8; c. 717, s. 78; 1985 (Reg. Sess., 1986), c. 955, ss. 97,98; 1987, c. 738, s. 147; c. 827, s. 1; 1991 (Reg. Sess., 1992), c. 1038, s.15; 2006‑203, s. 101.)