§ 11-10-310 — Director - Personnel

(a) Subject to other provisions of this chapter, the Director of the Division of Workforce Services is authorized to appoint, fix the compensation, and prescribe the duties and powers of such officers, accountants, attorneys, experts, and other persons as may be necessary in the performance of his or her duties under this chapter. (b) The director may delegate to any such person such power and authority as he or she deems reasonable and proper for the effective administration of this chapter and may, in his or her discretion, bond any person handling moneys or signing checks hereunder. (c) The director is authorized and directed to provide for a merit system covering all persons employed in the administration of this chapter and shall have authority, by rule, to provide for all matters that are appropriate to the maintenance of this system on the basis of efficiency and fitness. (d) The director is authorized to adopt such rules as may be necessary to meet personnel standards promulgated by the Social Security Board pursuant to the Social Security Act, and the Wagner-Peyser Act, and to provide for the maintenance of the merit system required under this section in conjunction with any merit system applicable to any other state agency which meets the personnel standards promulgated by the board. (e) The director may establish new or additional full-time positions if: (1) The new or additional full-time positions are necessary to: (A) Carry out the objectives of the Division of Workforce Services' programs; or (B) Meet federal requirements of new or expanded programs when such needs are financed by federal funds; (2) The director receives the approval of the Office of Personnel Management; (3) Prior to establishing the new or additional full-time positions, the director shall seek approval by the Legislative Council, or if the General Assembly is in session, the Joint Budget Committee; (4) The director authorizes the employment of no more than two hundred (200) persons in new or additional full-time positions in addition to those positions authorized in the salary schedule; and (5) The rate of pay for the new or additional full-time positions does not exceed those set out in the salary schedule for comparable positions as authorized under the regular salaries section of the division's appropriation act. (f) If the division requests continuation of a growth pool position as established under this subsection and subsection (e) of this section, the position shall be requested as a new position in the division's next budget request. Determining the maximum number of employees and the maximum amount of appropriation and general revenue funding for a state agency each fiscal year is the prerogative of the General Assembly. This is usually accomplished by delineating such maximums in the appropriation act or acts for a state agency and the general revenue allocations authorized for each fund and fund account by amendment to the Revenue Stabilization Law, § 19-5-101 et seq. Further, the General Assembly has determined that the division may operate more efficiently if some flexibility is provided to the division authorizing broad powers under this subsection and subsection (e) of this section. Therefore, it is both necessary and appropriate that the General Assembly maintain oversight by requiring prior approval of the Legislative Council or Joint Budget Committee as provided by this subsection and subsection (e) of this section. The requirement of approval by the Legislative Council or Joint Budget Committee is not a severable part of this subsection and subsection (e) of this section. If the requirement of approval by the Legislative Council or Joint Budget Committee is ruled unconstitutional by a court of competent jurisdiction, this entire subsection and subsection (e) of this section are void.

Legislative History

Amended by Act 2023, No. 606,§ 24, eff. 7/1/2023. Amended by Act 2019, No. 315,§ 811, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 197, eff. 7/1/2019. Acts 1941, No. 391, § 11; A.S.A. 1947, § 81-1114.