8-30-202 - Functions of commissioner of personnel. - Tennessee Statutes

8-30-202. Functions of commissioner of personnel.

(a)  The commissioner, as executive head of the department of personnel, shall direct and supervise all its administrative and technical activities with respect to state service. In addition to the other duties imposed upon the commissioner by law, the commissioner has the duty to:

     (1)  Attend all meetings of the commission and to act as its secretary and keep minutes of its proceedings;

     (2)  Establish and maintain a roster of all employees in the state service, in which there shall be set forth, as to each employee, the class title of the position held; the official station; the salary or pay, any changes in class title, pay or status; and such other data as may be deemed desirable and pertinent;

     (3)  Appoint, under the provisions of this part, such employees of the department as may be necessary to carry out the provisions of this part and part 3 of this chapter, including a deputy, who, in the absence of the commissioner, may perform the commissioner's duties;

     (4)  Develop, in cooperation with appointing authorities and others, training and educational programs for employees in the state service;

     (5)  Perform any other lawful acts which the commissioner may consider necessary to carry out the purposes and provisions of this chapter; and

     (6)  With respect to the executive service:

          (A)  Prescribe rules and regulations for the administration and execution of this chapter, which rules and regulations, when approved by the governor, shall have the force and effect of law. Due notice of the contents of such rules and regulations shall be given to appointing authorities and shall be printed for public distribution;

          (B)  Approve or disapprove and record the appointments, transfers, demotions, promotions, suspensions, layoffs, reappointments, sick and special leaves, leaves of absence, resignations, hours of service, vacations, and dismissals of employees; advise and assist in administering employee service ratings; and assist in the development of employee and training programs;

          (C)  Establish and maintain a roster of all of the officers and employees in the state service, showing for each such person the date of appointment, the title of position or positions held, the initial rate of compensation and changes thereof, and such other data as deemed desirable and pertinent;

          (D)  Check all payrolls or other compensation for personal services or supply the proper data to the commissioner of finance and administration for checking payrolls or other compensation for personal services before they may be lawfully authorized for payment;

          (E)  Establish, administer and execute a classification plan for the state service;

          (F)  Recommend to the governor a compensation plan for all positions in the state service and administer such compensation plan as approved by the governor. Such plan shall be based, as far as practicable, on prevailing wages paid in public and private service within the state;

          (G)  Make such investigations pertaining to personnel, salary rates and ranges, and employment conditions in the state service as may be requested by the governor, or by the general assembly, and require the attendance of witnesses and production of books, papers, public records and other documentary evidence pertinent to any such investigations; and

          (H)  Make an annual survey of rates of pay for persons performing graduate civil engineering functions in other southeastern states and federal agencies and transmit the results of the survey to the senate and house transportation committees no later than December 1 of each year;

     (7)  Process for payroll entry only the personnel records of the state special schools and the area vocational-technical schools; but employment of personnel and salaries at such schools shall be under the exclusive determination of the state board of education; and

     (8)  Require that appointing authorities who dismiss, demote, suspend, or transfer involuntarily, from one county to another county, an employee shall notify such an employee of the employee's rights to appeal that action and the time in which the employee must exercise those rights.

(b)  (1)  However, all commissioned and noncommissioned officers and enlisted personnel in the national guard, and personnel under the jurisdiction of the adjutant general whose salaries are paid in whole or in part with federal funds, are exempt from the provisions of this section.

     (2)  The following positions shall be exempt from the provisions of this section insofar as classification and salary determination is involved:

          (A)  Officers elected by popular vote and those appointed to fill any vacancy occurring in such positions;

          (B)  Members of boards and commissions and heads of departments required by law to be appointed by the governor if the salary is established by law; and

          (C)  One (1) executive officer for each board or commission created by statute, whose salary is established by statute.

[Acts 1939, ch. 221, § 4; C. Supp. 1950, § 1034.26 (Williams, § 423.24d); Acts 1955, ch. 311, § 4; impl. am. Acts 1959, ch. 9, §§ 3, 4; impl. am. Acts 1961, ch. 97, §§ 3, 4; Acts 1978, ch. 932, § 2; T.C.A. (orig. ed.), § 8-3102; Acts 1981, ch. 422, § 1; 1981, ch. 429, § 4; 1983, ch. 37, §§ 3-5; 1986, ch. 869, § 4; 1987, ch. 359, § 2.]