NC State Employee Reclassification Issue and Copy of Filing
NC State Employees May be Reclassified as Political Appointees with no right to Appeal
Note:  If you have questions about this issue I can be reached at joevincoli@gmail.com
 

From the NC Department of Public Safety Website

Improvements made in 2013 include:

> A new, centralized Security Services section that brings an integrated approach to security issues across all areas of the division — prisons, juvenile facilities and community supervision. It oversees prison security and special teams, extradition and gang-related programs for adult and juvenile offenders.

> A multimillion-dollar reduction in inmate health care spending resulting from fewer hospital admissions, Medicaid reimbursements and more treatment at new prison medical centers. An electronic medical records system is in development to modernize healthcare record keeping. 


NC worker sues over loss of right to appeal job classification

Posted by Craig Jarvis on August 29, 2014 
Read more here: http://www.newsobserver.com/2014/08/29/4106763_state-worker-sues-over-loss-of.html?rh=1#storylink=cpy



A fired prison health-care official filed a lawsuit on Friday challenging a law passed last year that took away state employees' ability to appeal if their job is reclassified as exempt from civil service protections.

[CLICK HERE FOR A COPY OF THE FILING].

The lawsuit, filed in Wake County Superior Court by Joe Vincoli of Clemmons, challenges the constitutionality of the law. The former Department of Public Safety employee is already suing the state alleging he was fired in December because he blew the whistle on possible misuse of funds. The department had reclassified him as a manager and exempt from the State Personnel Act, which allowed him to be fired at will. He contends that was a pretext.


Last year the legislature passed a law giving Gov. Pat McCrory more power to hire and fire by allowing 1,500 positions exempt. Under Gov. Bev Perdue, about 400 positions were allowed to be exempt and she designed about 330 of them to fire at-will. McCrory had assigned close to 1,000 at-will as of about a year ago.


The General Assembly also repealed state law that allowed state employees to appeal if they thought their positions were improperly re-classified. Vincoli's lawsuit says that amounts to an unconstitutional taking of his property interest without due process.


The suit, filed by Raleigh attorney Michael C. Byrne, says under the new law a custodian could be designated as an exempt policy-maker or an office assistant as an exempt manager.


The law "permits McCrory and DPS to simply take away plaintiff's property at their whim, in an arbitrary and capricious manner, and without any procedural safeguards or compensation," Vincoli contends in the lawsuit.


Vincoli saved the state millions of dollars by pointing out examples of wasteful spending and lax oversight. State law was changed because of his efforts. Public safety agency officials, however, had warned Vincoli not to pursue whistleblowing involving other departments on his work time.

END OF ARTICLE

NC GS 126-5(b)

(b)        As used in this section:
(1)        "Exempt position" means an exempt managerial position or an exempt policymaking position.
(2)        "Exempt managerial position" means a position delegated with significant managerial or programmatic responsibility that is essential to the successful operation of a State department, agency, or division, so that the application of G.S. 126-35 to an employee in the position would cause undue disruption to the operations of the agency, department, institution, or division.
(3)        "Exempt policymaking position" means a position delegated with the authority to impose the final decision as to a settled course of action to be followed within a department, agency, or division, so that a loyalty to the Governor or other elected department head in their respective offices is reasonably necessary to implement the policies of their offices. The term shall not include personnel professionals.
(4)        "Personnel professional" means any employee in a State department, agency, institution, or division whose primary job duties involve administrative personnel and human resources functions for that State department, agency, institution, or division.


Positions reclassified by McCrory as exempt policy-maker or exempt manager:

Child Day Care Program Manager
Dentist III

Facility Maintenance Manager I 
Mail Service Center Director
Nurse Supervisor  
Parking Systems Director
Personnel Officer I 
Personnel Analyst II  
Personnel Analyst III  
Personnel Analyst Ill  
Personnel Director I  
Personnel Director II  
Personnel Officer I  
Personnel Officer II  
Personnel Officer III  
Personnel Supervisor I  
Personnel Supervisor II
Physical Therapist I 
Social Work Coordinator II
Vehicle/Equipment Repair Supervisor
Zoo General Curator 


Here's a complete listing:

Application Analyst  
A/U Human Resources Director III  
Accountant  
Accountant Journey  
Accounting Director  
Accounting Manager  
Actuary  
Admin of Standards Management  
Admin Officer II  
Admin Officer III  
Administrative Officer II  
Administrative Officer III  
Administrative Officer Ill  
Administrative Support Associate (To Be Reclassified)  
Administrator Standards Management  
ADON  
Adult Services Program Administrator  
Agency / University HR Director I  
Agency / University HR Director II  
Agency General Counsel II  
Agency Legal Specialist II  
Agency Legal Specialist III  
Agency/University HR Director II  
Agency/University HR Director III  
Aquarium Assistant Director  
Aquarium Director  
Assistant Bureau Director  
Assistant Chief Certificate of Need  
Assistant Chief Of Program Services  
Assistant Commissioner, DMV  
Assistant Dir for Program Administration  
Assistant Director - MR Center  
Assistant Director of Public Information  
Assistant Director of Traffic Records  
Assistant Secretary of the Environment  
Assistant to the Secretary for HUB Outreach  
Associate Chief Medical Examiner  
Asst Dir For Disability Determination  
Asst Dir for Prgms & Facilities (DSB)  
Asst Dir for Professional Services I  
Asst Dir for Program Administration  
Asst Dir for Residential Services  
Asst Dir Professional Services I  
Asst Director for Residential Services  
Asst Secretary for Veterans Affairs  
Asst, Dir. Community Assistance  
Asst. Director Ferry Operations  
Asst. Director Maint. & Materials  
Attorney  
Attorney II  
Attorney III  
Attorney IIIE  
Attorney IIII  
Attorney Ill  
Attorney IV  
Attorney Supervisor  
Attorney Supervisor II  
Audit Director  
Audit Manager  
BTA Specialist (To Be Reclassified)  
Budget Analyst  
Budget Director  
Budget Manager  
Building and Environmental Manager  
Business and Technology Applic Specl  
Business Director  
Business Enterprise Rep III  
Business Manager  
Business Officer  
Business Officer I  
Business Officer II  
Business Officer III  
Business Systems Analyst  
Business Systems Manager  
Chairman Parole Commission  
Chairman-ESC  
Chief Certificate of Need  
Chief Child Care W/Force Stand Sect  
Chief Child Day Care Program Operations  
Chief Deputy III  
Chief Deputy IV  
Chief Emergency Medical Services  
Chief Financial Initiatives (MH/MR/SA)  
Chief Licensure and Certification  
Chief Local / Regional Affairs  
Chief Medical Examiner  
Chief of Dental Public Health Services  
Chief of Planning Budget & System Support  
Chief Of Security (DOP)  
Chief Operating Officer - OSBM  
Chief Standards Engineer  
Chief Toxicologist  
Child Day Care Assistant Director-Fld Op  
Child Day Care Prog. Manager  
Child Day Care Program Manager  
Child Dy Cre Asst Dir/adm  
Commission Compliance/Fraud  
Community Corrections Director  
Community Development Planner II  
Community Development Planner III  
Community Development Specialist II  
Correction Enterprise Director IV  
Correction Enterprise Director V  
Correctional Administrator I  
Correctional Administrator II  
Correctional Administrtor II  
Correctional Chaplaincy Services Coord  
Correctional District Mgr  
Correctional Food Service Dir  
Correctional Program Dir. III  
Correctional Supt. II  
Correctional Supt. III  
Correctional Supt. IV  
DCC-Chief Of Special Operations  
DDS Chief - Adm Services  
DENR Administrative Operations Director  
DENR Legal Advisor  
Dental Director  
Dentist III  
Dep Dir for Prison Hlth Services  
Department Purchasing Officer III  
Departmental Purchasing & Services Director  
Departmental Purchasing & Services Officer  
Departmental Purchasing & Svcs Director  
Departmental Purchasing and Services Dir  
Departmental Purchasing and Services Officer  
Departmental Purchasing Officer IV  
Depty Director DMH / DD / SAS  
Deputy Chairman for Programs (ESC)  
Deputy Dir Substance Abuse Services  
Deputy Dir., Emergency Mgt.  
Deputy Director  
Deputy Director Dept Social Services  
Deputy Director Division of Public Health  
Deputy Director for Mental Retard Services  
Deputy Director for Operations DSS  
Deputy Director of Community Corrections  
Deputy Director, Prisons  
Deputy Legal Counsel  
Deputy Secretary  
Deputy Secretary / Commissioner II  
Deputy Secretary / Commissioner III  
Deputy Secretary / Commissioner Ill  
Deputy Secretary / Commissioner IV  
Deputy Secretary/Commission III  
Deputy Section Chief Epidemiology  
Detention Director  
Dev Services Unit Director  
Developmental Serv Unit Dir  
Developmental Services Coordinator II  
Developmental Services Unit Dir  
Developmental Services Unit Director  
Dir Div Of Child Dev Svcs  
Dir Div Of Facility Sery  
Dir Div Of Mt Hlt Mt Ret/sub Abuse Sery  
Dir Div of Services for the Blind  
Dir Div of Social Services  
Dir Div of State Historic Sites  
Dir Div of Vocational Rehab Services  
Dir Div Svcs Deaf & Hard of Hearing  
Director Council on Development Disabilities  
Director DHHS Extended Care Facility  
Director Div Of Aging  
Director Division of Aquariums  
Director DMA  
Director Extended Care Facility  
Director Film Industry Development  
Director Nutrition Services Section  
Director of Administrative Analysis  
Director of Civil Rights  
Director of First Net  
Director of Government & Communications  
Director of Human Relations  
Director of Industrial Recruiting  
Director of Infants Program  
Director of Internal Operations  
Director of International Division  
Director of Juvenile Detention Services  
Director of Prisons  
Director of Program Admin II  
Director of Public Affairs  
Director Of Public Affairs II  
Director of Public Affairs III  
Director of Safety & Loss Control  
Director Of State Archives & History  
Director of Tourism Development  
Director of Zoological Park  
Director Office of Coastal Management  
Director Organizational Effectiveness  
Director State Economic Opportunity  
Director Wright School  
Director, Customer Services  
Director, Ferry Division  
Director, Motor Fleet Management  
Director, Nature Research Center  
Director, NC Arts Council  
Director/programming Mental Retard Cent  
Disability Determination Svcs Dep Admin  
DMA Legal Health Policy Advisor  
DMV Assistant Director  
DMV Director  
DOA, HR Director  
DOT  Coordinator of Strategic Initiatives  
Dpty Dir-div Of Fac Sry  
Economic Dev. Intelligence Dir.  
Economic Development Manager  
Education Services Dir. (DOP)  
Emergency Management Director  
Employment Security Manager II  
Employment Security Manager III  
Employment Services Deputy Director  
Employment Services Director  
Energy Division Director  
Energy Division Section Chief  
Engineer  
Engineer (Advanced)  
Engineer Manager  
Engineering / Architectural Manager  
Engineering / Architectural Supervisor  
Engineering Director  
Engineering Manager  
Engineering Manager (Contributing)  
Engineering Manager (Journey)  
Engineering Supervisor  
Engineering Supervisor (Advanced)  
Engineering/Architectual Manager  
Engineering/Architectural Man.  
Engineering/Architectural Manager  
Environmental Manager II  
Environmental Program Manager I  
Environmental Program Manager II  
Environmental Program Manager III  
Environmental Program Supervisor I  
Environmental Program Supervisor II  
Environmental Program Supervisor III  
Environmental Program Supervisor Ill  
Environmental Program Supervisor IV  
Environmental Senior Specialist  
ESC Special Assistant for Administration  
Exec Dir NC Council for Women & DVC  
Executive Air Ops. Supervisor II  
Executive Director  
Executive Director of Enterprise Resource Planning Operations  
Executive Director, Center for Safe Schools  
Facility Maintenace Manager I  
Facility Maintenance Manager  
Facility Maintenance Manager II  
Facility Maintenance Supervisor II  
Facility Maintenance Supervisor IV  
Facility Survey Branch Manager  
Financial Manager  
Fiscal Executive  
Geologist / Hydrogeologist  
Health & Human Services Planner  
Health & Human Services Senior Planner  
Highway Safety Program Coordinator  
Hospital CEO  
Hospital Chief Executive Officer  
HR Executive  
HR Manager  
HR Managing Partner  
Human Resources Plan Supvr II  
Human Resources Planning Supervisor III  
Human Services Planner / Evaluator IV  
Human Services Planner/Evaluator IV  
Infor Communications Spec III  
Information & Communications Specialist II  
Information & Communications Specialist III  
Information & Technology Dir.  
Information Technology Director  
Information Technology Executive  
Information Technology Manager  
Information Technology Manager - Bus & Tech  
Information Technology Manager - Bus&Te Ap  
Information Technology Manager - Operations  
Information Technology Manager - Systems  
Information Technology Manager- Bus & Tech  
Information Technology Managerial  
Information Technology Mgr.  
Informaton & Technology Manager  
IT Director  
IT Executive  
IT Manager  
IT Vendor Management Director  
Judicial District Manager I  
Judicial District Manager II  
Judicial District Manager III  
Judicial District Manger III  
Judicial Div Asst Admin  
Judicial Division Administrator  
Juvenile Court Area Administrator  
Law & Order Administrator  
Law Enforcement Director  
Law Enforcement Manager  
Leg Affairs Prgm Director  
Legal Specialist  
Legis Affairs Program Manager  
Legislative Affairs Program Coordinator  
Legislative Affairs Program Director  
Legislative Affairs Program Manager  
Legislative Affairs Program Manager  
Legislative Liaison  
Library Director  
License and Statistics Section Chief  
MA Program Admin II  
Mail Service Center Director  
Maintenance Director  
Management Engineer  
Management Engineer III  
Management Engineer IT  
Marine Fisheries Deputy Director For Ops  
Marine Fisheries District Manager  
Marine Fisheries Sect Chief--Fish Mgmt  
Marine Fisheries Section Chief  
Medical Assistance Deputy Director  
Medical Assistance Prog Administrator I  
Medical Assistance Prog Administrator II  
Medical Consultant Director  
Medical Director I  
Medical Director III  
Mental Health Program Administartor I  
Mental Health Program Administrator I  
Mental Health Program Administrator II  
Mental Health Program Manager II  
Mental Retardation Unit Director  
MH Prog. Mgr. II  
MR Program Coordinator  
Natural Science Exhibits Director  
Natural Science Museum Director  
Natural Science Research Curator III  
Natural Science Research Curator Ill  
NC Transportation History Museum Director  
NCGEAR Deputy Executive Director  
Networking Analyst (To Be Reclassified)  
NU HR Director I  
Nurse Director  
Nurse Director (ADON 1)  
Nurse Director (ADON 2)  
Nurse Director (ADON)  
Nurse Supervisor  
Nursing Supervisor  
Occupational Therapist II  
Oregon Inlet / Wanchese Seafood Park Dir.  
Parking Systems Director  
Parole Communtation & Pardon Analyst  
Permits Director  
Personnel Analyst II  
Personnel Analyst III  
Personnel Analyst Ill  
Personnel Director I  
Personnel Director II  
Personnel Officer I  
Personnel Officer II  
Personnel Officer III  
Personnel Supervisor I  
Personnel Supervisor II  
PH Program Manager I  
PH Program Manager III  
Pharmacy Director  
Physical Therapist I  
Physical Therapist II  
Physical Therapy Supervisor I  
Physical Therapy Supervisor II  
Physician - Ill B  
Physician Director  
Physician Director - III B  
Physician Director - Ill A  
Physician Director - Ill B  
Physician Director II - A  
Physician Director II - B  
Physician IV - B  
Physician Manager  
Planner Victims (VOCA)  
Plant Maintenance Supervisor Ill  
Policy Development Analyst  
Primary Care Systems Specialist  
Prison Warden I  
Prison Warden II  
Program Administrator  
Program Dev. Coord.  
Program Development Coord.  
Program Development Coordinator  
Program Standards Manager  
Proposed DHHS Planner  
Psychatric Unit Administrator II  
Psychiatric Unit Administration II  
Psychiatric Unit Administrator II  
Psychological Program Coordinator I  
Psychological Program Director  
Psychological Program Director I  
Psychological Program Director II  
Psycological Program Coordinator I  
Psyhological Program Director I  
Public Health Epidemiologist II  
Public Health Epidemiology Program Manager  
Public Health Laboratory Assistant Director  
Public Health Laboratory Director  
Public Health Physician III  
Public Health Physician IV  
Public Health Program Manager II  
Public Health Program Manager III  
Public Relations Officer  
Public Safety Director  
Public Safety Human Resources Director  
Public Safety Research & Planning Director  
Public Safety Staff Development Director  
QA Director  
Quality Assurance Officer  
Real Property Manager  
Real Property Officer  
Regional Alcohol Rehabilitation Ctr Dir  
Regional Mental Retardation Center Dir  
Regional Psychiatric Hospital Director  
Rehab Program Chief  
Revenue Administration Officer Ill  
Right of Way Assistant Branch Manager  
Right of Way Branch Manager  
School Administrator  
Sec Chief License & Certification  
Section Chief Carolina Access II and Ill  
Section Chief for Elder  
Section Chief Licensure & Certification  
Section Chief, Service Operations  
Senior Budget Analyst  
Senior Psychologist  
Senior Psychologist II  
Social Serv Prog Adm I  
Social Services Prog Administrator I  
Social Services Prog Administrator II  
Social Services Prog Administrator III  
Social Services Prog Administrator Ill  
Social Services Program Admin I - DF  
Social Services Program Administrator I  
Social Services Program Administrator II  
Social Work Coordinator II  
Social Work Program Director  
Social/Clinical    Research Manager  
Social/Clinical Research Executive  
Social/Clinical Research Manager  
Social/Clinical Research Specialist  
Spec Asst to Sec /Inmate Medical Srvcs  
Special Executive - DHHS  
Special Executive - Riddle Center  
Speech & Hearing Clinic Manager  
Speech and Hearing Director  
Speech and Hearing Program Director  
Sr. Psychologist II  
State Budget Mgmt Executive  
State Environmental Health Director  
State Equipment Superintendent  
State Health Director  
State History Museum Director  
State Homeless Policy Specialist  
State ITS Purchasing Director  
State Purchase and Contract Director  
State Purchasing Administrator  
Strategic Planning Manager for Energy  
Surplus Property Director  
Systems and Procedures Supervisor  
Tax Administrator I  
Tax Administrator II  
Transportation Program Director  
Transportation Program Sec. Chief  
Tryon Palace Director  
U I Quality Control Supervisor  
Unemployment Insurance Deputy Director  
Unemployment Insurance Director  
Vehicle/Equipment Repair Supervisor  
Veterans Affairs Assistant Director  
Vice Chief - State Operations  
VR Program Planning Chief  
VR Program Planning Director  
W/A Dir Subs.Abuse  
Youth Services Facility Director  
Youth Services Faculty Director  
Zoo General Curator  




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