Tennessee § 8-30-101 - Purpose — Policy — Construction — Governance.

§ 8-30-101. Purpose — Policy — Construction — Governance.

The purpose of this chapter is to establish in the state a system of personnel administration that will attract, select, retain and promote the best employees based on merit and equal opportunity, and free from coercive political influences. Because the citizens of the state deserve services from the best employees, the goal of the state personnel system is to provide technically competent employees to render impartial services to the public at all times and to render such services in an ethical and honorable manner. Specifically, the intent of the general assembly is to further this purpose by allowing agencies greater flexibility in personnel management in order to enhance the overall effectiveness and efficiency of state government. The general assembly further intends that state government operate within a framework of consistent best practices across all state agencies and entities and that the state's most valued resource, its employees, be managed in a manner designed to enhance work force productivity and demonstrate sound business practices. It is the policy of the state that agencies treat all employees in accordance with the following principles: Assuring fair treatment of applicants and employees in all aspects of personnel administration without regard to race, color, national origin, gender, age, disability, religion or creed, or political opinions or affiliations. This “fair treatment” principle includes compliance with all applicable state and federal equal employment opportunity and nondiscrimination laws; Recruiting, selecting, and promoting employees on the basis of their relative skills, abilities, competencies and knowledge, including an open process to consider qualified applicants for initial employment; Providing equitable and adequate compensation based on merit, performance, job value, and competitiveness within applicable labor markets; Training and developing employees, as needed, to assure a high level of performance and to provide work force knowledge and skills needed to maintain and advance the state's goals and objectives; Retaining employees on the basis of the adequacy of their performance, correcting inadequate performance when possible and appropriate, and separating employees whose performance and personal conduct is inadequate, unsuitable or inferior; and Assuring that employees are protected against coercion for partisan political purposes and are prohibited from using their official authority for the purpose of interfering with, or affecting the result of, an election or nomination for office. This chapter shall be liberally construed in order to increase governmental efficiency and responsiveness and to secure the employment of qualified persons in the state preferred service. The personnel administration system adopted under this chapter shall govern and limit all other state employment matters and every appointing authority. Acts 2012, ch. 800, § 2. Compiler's Notes. Former part 1, §§ 8-30-101 — 8-30-108 (Acts 1939, ch. 221, §§ 2, 3, 5; C. Supp. 1950, §§ 1034.23, 1034.25, 1034.27 (Williams, §§ 423.24b, 423.24c, 423.24e); Acts 1953, ch. 30, §§ 1, 2; 1955, ch. 311, §§ 1, 2; 1957, ch. 222, § 1; impl. am. Acts 1959, ch. 9, § 4; impl. am. Acts 1961, ch. 94, §§ 1, 2, 4; impl. am. Acts 1961, ch. 97, §§ 2, 4; impl. am. Acts 1974, ch. 481, §§ 4, 6; impl. am. Acts 1975, ch. 248, § 1; 1976, ch. 806, § 1(18); modified; T.C.A. (orig. ed.), §§ 8-3001 — 8-3008; Acts 1980, ch. 701, §§ 2-5, 7; Acts 1981, ch. 429, § 2; 1983, ch. 37, §§ 1, 2; 1985, ch. 432, § 3; 1986, ch. 869, §§ 2-4, 19-21, 24; 1987, ch. 69, § 1; 1989, ch. 208, § 1; 1991, ch. 401, § 1; 1993, ch. 66, § 6; 1995, ch. 305, § 50; 2003, ch. 355, § 22; 2007, ch. 60), concerning the civil service commission, was repealed and reenacted by Acts 2012, ch. 800, §§ 2-9, effective October 1, 2012. Acts 2012, ch. 800, § 1 provided that the act, which repealed and reenacted this part, shall be known and cited as the “Tennessee Excellence, Accountability, and Management (T.E.A.M.) Act of 2012.” Acts 2012, ch. 1031, § 4 provided that, notwithstanding § 4-29-112 or any other law to the contrary, the civil service commission, created by § 8-30-102 , shall terminate and shall cease to exist on April 1, 2013. Cross-References. Administration by human resources department, § 4-3-1703 . Application to department of human services, § 71-1-108 . Chapter inapplicable to prison contractor employees, § 41-24-111 . Department of human resources, creation, § 4-3-101 . Inapplicability to assistant or deputy commissioner of employment security, § 50-7-609 . Waiver of competitive process for former public service commission employees, § 65-1-114 . Law Reviews. An Examination of the Tennessee Law of Administrative Procedure (George Street Boone), 1 Vand. L. Rev. 339 (1947).