H 4041 Joint Resolution, By Koon, M.O. Alexander, L.E. Bennett, G.A. Brown, 
D.M. Bruce, P.M. Burch, C.D. Chamblee, J.G. Felder, McKay, M. McLeod, Rhoad, 
Sharpe, J.R. Shirley, R. Smith, J.J. Snow, D.C. Waldrop, J.B. Wilder and 
D. Williams
 A Joint Resolution providing that, with reference to the proposal of the State
 Superintendent of Education to merge fifty-two supervisory positions into
 twenty-four positions with the result that more than twenty-eight employees of
 the State Department of Education could lose their jobs, the persons
 ultimately selected to fill the twenty-four positions must come from the group
 of persons occupying the current fifty-two positions, providing that those
 employees in the current group of fifty-two who have less than five years
 before retirement shall have priority for the twenty-four positions to be
 filled, and requiring that certain procedures be followed before the State
 Superintendent's proposal may be implemented.

   06/05/91  House  Introduced and read first time HJ-5
   06/05/91  House  Referred to Committee on Ways and Means HJ-6
   03/04/92  House  Tabled in committee

A JOINT RESOLUTION

PROVIDING THAT, WITH REFERENCE TO THE PROPOSAL OF THE STATE SUPERINTENDENT OF EDUCATION TO MERGE FIFTY-TWO SUPERVISORY POSITIONS INTO TWENTY-FOUR POSITIONS WITH THE RESULT THAT MORE THAN TWENTY-EIGHT EMPLOYEES OF THE STATE DEPARTMENT OF EDUCATION COULD LOSE THEIR JOBS, THE PERSONS ULTIMATELY SELECTED TO FILL THE TWENTY-FOUR POSITIONS MUST COME FROM THE GROUP OF PERSONS OCCUPYING THE CURRENT FIFTY-TWO POSITIONS, PROVIDING THAT THOSE EMPLOYEES IN THE CURRENT GROUP OF FIFTY-TWO WHO HAVE LESS THAN FIVE YEARS BEFORE RETIREMENT SHALL HAVE PRIORITY FOR THE TWENTY-FOUR POSITIONS TO BE FILLED, AND REQUIRING THAT CERTAIN PROCEDURES BE FOLLOWED BEFORE THE STATE SUPERINTENDENT'S PROPOSAL MAY BE IMPLEMENTED.

Whereas, the State Superintendent of Education has announced a restructuring move that would merge fifty-two supervisory positions into twenty-four positions, with the result that more than twenty-eight employees of the State Department of Education could lose their jobs; and

Whereas, this proposal of the State Superintendent's has caused the members of the General Assembly deep concern; and

Whereas, most of these fifty-two loyal, dedicated state workers have been with the Department of Education for more than ten years, and, in some instances, the affected employees have more than twenty-five years of service and others are within a year of retirement eligibility; and

Whereas, the State Superintendent stated that she would be searching for replacement personnel in this scheme who "share her philosophy"; and

Whereas, the members of the General Assembly view the State Superintendent's action with alarm, inasmuch as this State's, as well as the nation's, economy is in the middle of a severe recession, and the individuals affected at the Department of Education face the prospect of protracted unemployment; and

Whereas, the State Superintendent's plan jeopardizes, in numerous instances, outstanding careers of service to the public in state government and has the effect of destroying the concept of "career state service" for employees who perform well; and

Whereas, the use of a large amount of funds involved in the State Superintendent's plan of "restructuring" should receive close scrutiny by the General Assembly; and

Whereas, the effects of the State Superintendent's proposal on the Department of Education, the State of South Carolina, the State's economy, and the lives of the state employees involved and the concern this gives to all state employees should be examined in detail before any proposal is allowed to be put into effect; and

Whereas, before anything is done at the State Department of Education along the lines outlined by the State Superintendent in her proposal of "restructuring" this agency, the State Superintendent should present her proposals not only to the State Budget and Control Board but also to the State Reorganization Commission, the Governor's Office, the Senate Education Committee, and the House Education and Public Works Committee and should receive the approval and backing of all of these bodies before actually carrying out her plans; and

Whereas, it is only in this way that the General Assembly and the general public can have confidence that the State Superintendent's proposals have true merit; and

Whereas, if the State Superintendent's proposal receives the approval of the State Budget and Control Board, the State Reorganization Commission, the Governor's Office, the Senate Education Committee, and the House Education and Public Works Committee, then in all fairness the persons selected by the State Superintendent to fill the twenty-four positions should come from the group of persons occupying the current fifty-two positions, and those employees in the current group of fifty-two who have less than five years before retirement should be accorded priority for the twenty-four positions to be filled. Now, therefore,

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Notwithstanding any other provision of law, with reference to the proposal of the State Superintendent of Education, announced in May, 1991, to merge fifty-two supervisory positions into twenty-four positions the following are mandated:

(1) The State Superintendent shall present the proposal of restructuring to the State Budget and Control Board, the State Reorganization Commission, the Governor's Office, the Senate Education Committee, and the House Education and Public Works Committee, and each of these bodies must approve the proposal before it may be implemented.

(2) If all of the bodies referenced in item (1) of this section approve the proposal, the persons selected by the State Superintendent of Education to fill the twenty-four positions must come from the group of persons occupying the current fifty-two positions. The employees in the current group of fifty-two who have less than five years before retirement must be accorded priority for the twenty-four positions to be filled.

SECTION 2. This joint resolution takes effect upon approval by the Governor.