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For all vacancy listings: a closing date unless the classification has been determined as critical. Factors used in determining critical classifications include agency turnover; number of positions in class; geographic location; scarcity of skills; and safety, health or quality of care for clients.  The critical classifications shall be approved by the State Personnel Commission.  On those classes determined to be critical, which are considered open and continuous postings, agencies shall determine how long applications shall be considered active.  
(e)  Posting is not required when an agency determines that it will not openly recruit.  This decision shall be based upon a bona fide business need and is the responsibility of the agency head.  Examples are:
(1)Vacancies that are committed to a budget reduction;
(2)Vacancies used to avoid a reduction in force;
(3)Vacancies used for disciplinary transfers or demotions;
(4)Vacancies to be filled by transfer of an employee to avoid the threat of bodily harm;
(5)Vacancies that are designated exempt policymaking under G.S. 126-5(d);
(6)Vacancies that must be filled immediately to prevent work stoppage in constant demand situations, or to protect the public health, safety, or security;
(7)Vacancies to be filled by chief deputies and chief administrative assistants to elected or appointed department heads; and vacancies for positions to be filled by confidential assistants and confidential secretaries to elected or appointed department heads, chief deputies, or chief administrative assistants;
(8)Vacancies to be filled by an eligible exempt employee who has been removed from an exempt position and is being placed back in a position subject to all provisions of the State Personnel Act;
(9)Vacancies to be filled by a legally binding settlement agreement;
(10)Vacancies to be filled in accordance with a pre-existing written agency workforce plan; and
(11)Vacancies that must be filled immediately because of a widespread outbreak of a serious communicable disease.
(f)  The Office of State Personnel may withhold approval for an agency to fill a job vacancy as set out in G.S. 126-7.1.  

History Note:Authority G.S. 9629; 1264(4); 1265(d); 1267.1;

Eff.  March 1, 2007;

Amended Eff. May 1, 2008.

25 NCAC 01I .2108Compensation of Area

Mental Health Directors

Mental Health Directors by the Office of State Personnel and approved by the State Personnel Commission.  
(b)  Each director's salary shall be based upon labor market data from counties within the Local Management Entity.  The salary may not be less than the minimum of the range, nor more than the maximum of the range established for Area Mental Health Directors under this Rule.
(c)  Area boards may request an adjustment to the salary range for Area Mental Health Directors from the State Personnel Commission in accordance with G.S. 122C-121(a1).

History Note:Authority G.S. 1264; 122C-156(a);

Eff. May 1, 2008.

22:23                                                               NORTH CAROLINA REGISTER                                           JUNE 2, 2008


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