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6 <br />MEMORANDUM <br />TO: Directors, Local Departments of Social Services <br />Directors, Local Departments of Public Health <br />Directors, Area Mental Health Authorities (LMEs) <br />FROM: Drake Maynard <br />HR Managing Partner/Local Government <br />DATE: September 7, 2007 <br />SUBJECT: Career Status Defined for Local Government Employees <br />This session, the General Assembly passed, and the Governor signed into law on August 19, <br />2007, an amendment to the State Personnel Act that requires that local government employees <br />subject to the State Personnel Act must work for 24 consecutive months before they gain a <br />property interest that is protected by due process. <br />The law states: <br />§ 126-1.1. Career State employee defined. <br />For the purposes of this Chapter, unless the context clearly indicates otherwise, "career State <br />employee" means a State employee or an employee of a local entity who is covered b~his <br />Chapter pursuant to G.S. 126-5(a)(2) who: <br />(1) Is in a permanent position appointment; and <br />(2) Has been continuously employed by the State of North Carolina or a local entity <br />as provided in G.S. 126-5(a)(2) in a position subject to the State Personnel Act for the <br />immediate 24 preceding months." [Underlining indicates new language.] <br />A "local entity ...covered by ...126-5(a)(2)" includes: <br />All employees of the following local entities: <br />a. Area mental health, developmental disabilities, and substance abuse authorities. <br />b. Local social services departments. <br />c. County health departments and district health departments. <br />d. Local emergency management agencies that receive federal grant-in-aid funds. <br />Persons who complete this 24 consecutive month service period have what is known as "career <br />status." <br />This change divides your SPA employees into 2 groups: those who completed a probationary <br />period on or before August 18, 2007 and those who complete a probationary period on or after <br />August 19, 2007. The immediate practical effect is this: <br />For those persons who completed a probationary period with your agency ON OR <br />BEFORE August 18, 2007, they have gained a property interest that is protected by due <br />process. <br />For those persons who completed a probationary' period with your agency ON OR <br />AFTER August 19, 2007, they have will have to be employed with your county for at <br />Director's Office Phone: 919-807-4800 Fax: 919-715-9750 <br />An Equal Opportunity Employer <br />