Bill Text: MS HB1308 | 2015 | Regular Session | Engrossed
Bill Title: Central Office of the Department of Corrections; exempt from State Personnel Board procedures.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2015-03-03 - Died In Committee [HB1308 Detail]
Download: Mississippi-2015-HB1308-Engrossed.html
MISSISSIPPI LEGISLATURE
2015 Regular Session
To: Judiciary B
By: Representative DeBar
House Bill 1308
(As Passed the House)
AN ACT TO PROVIDE THAT DEPARTMENT OF CORRECTIONS EMPLOYEES WHO ARE EMPLOYED WITHIN THE CENTRAL OFFICE OF THE DEPARTMENT SHALL BE EXEMPT FROM STATE PERSONNEL BOARD PROCEDURES FOR A PERIOD OF TWO YEARS; TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO PROVIDE CASH OVERTIME PAY INSTEAD OF COMPENSATORY TIME TO ALL CORRECTIONS OFFICERS, OTHER LAW ENFORCEMENT STAFF AND OTHER EMPLOYEES WHO WORK IN THE CORRECTIONAL FACILITIES UNDER THE JURISDICTION OF THE DEPARTMENT FOR ALL TIME WORKED BY THE OFFICER OR EMPLOYEE THAT IS CONSIDERED TO BE OVERTIME FOR THE POSITION INVOLVED UNDER THE FEDERAL FAIR LABOR STANDARDS ACT; TO PROVIDE THAT UPON THE TERMINATION OF EMPLOYMENT OR DEATH OF ANY CORRECTIONS OFFICER, OTHER LAW ENFORCEMENT STAFF OR OTHER EMPLOYEE WHO WORKS IN ANY OF THE CORRECTIONAL FACILITIES UNDER THE JURISDICTION OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, THE DEPARTMENT SHALL PAY THE OFFICER OR EMPLOYEE OR HIS OR HER ESTATE, AS APPROPRIATE, FOR ALL COMPENSATORY LEAVE ACCUMULATED BY THE OFFICER OR EMPLOYEE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) For the period beginning upon the effective date of this act through June 30, 2017, the personnel actions of the Mississippi Department of Corrections regarding employees at the central office of the department shall be exempt from State Personnel Board procedures. However, all new employees of the Department of Corrections at this location shall meet the criteria of the State Personnel Board that presently exists for employment. Whenever an employee at the central office of the department is dismissed or involuntarily terminated under the authority of this act during that period of time, that employee's position shall be eliminated.
(2) The Department of Corrections shall consult with the Office of the Attorney General before taking personnel actions permitted by this act to review those actions for compliance with applicable state and federal law.
SECTION 2. The Mississippi Department of Corrections shall provide cash overtime pay instead of compensatory time to all corrections officers, other law enforcement staff and other employees who work in the correctional facilities under the jurisdiction of the department for all time worked by the officer or employee that is considered to be overtime for the position involved under the federal Fair Labor Standards Act.
SECTION 3. Upon the termination of employment or death of any corrections officer, other law enforcement staff or other employee who works in any of the correctional facilities under the jurisdiction of the Mississippi Department of Corrections, the department shall pay the officer or employee or his or her estate, as appropriate, for all compensatory leave accumulated by the officer or employee.
SECTION 4. This act shall take effect and be in force from and after July 1, 2015.
