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ESC Fact Sheet

ESC Fact Sheet

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Published by Steve Council

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Published by: Steve Council on Nov 29, 2011
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E
MPLOYMENT SECURITY ORGANIZATION OF SOUTHERN STATES
 
The office is appointed by the Governor in every other SE state except for Georgia, wherethe state labor commissioner is an elected Constitutional officer. The following dataincludes a brief summary for each state followed by the specific statutory language.
South Carolina 
The South Carolina Employment Security Commission consists of three members electedby joint session of the General Assembly. Vacancies are temporarily filled by the Governoruntil the General Assembly elects a commissioner to fill the term.Source: SC Code 41-29-10Chapters 27 through 41 of this Title shall be administered by the South CarolinaEmployment Security Commission. The Commission shall consist of three members to beelected by the General Assembly, in joint session, for terms of four years and until theirsuccessors have been elected and qualified, commencing on the first day of July in eachpresidential election year. Any vacancy occurring shall be filled by appointment by theGovernor for the temporary period until the next session of the General Assembly, whereupon the General Assembly shall elect a commissioner to fill the unexpired term.Each commissioner shall receive an annual salary payable in monthly installments.
 North Carolina 
The North Carolina Employment Security Commissioners are appointed by the Governor.The Chairman serves at the pleasure of the Governor and commissioners may be removedfor gross inefficiency, neglect of duty, malfeasance, misfeasance, or nonfeasance in office.
 
N.C. Gen. Stat. § 96-3.The North Carolina Employment Security Commission consists of seven members to beappointed by the Governor. The Governor shall have the power to designate the memberof said Commission who shall act as the chairman thereof. The chairman of theCommission shall not engage in any other business, vocation or employment. Threemembers of the Commission shall be appointed by the Governor to serve for a term of two years. Three members shall be appointed to serve for a term of four years, and upon theexpiration of the respective terms, the successors of said members shall be appointed for aterm of four years each, thereafter, and the member of said Commission designated by theGovernor as chairman shall serve at the pleasure of the Governor. Any member appointedto fill a vacancy occurring in any of the appointments made by the Governor prior to theexpiration of the term for which his predecessor was appointed shall be appointed for the
 
remainder of such term. The Governor may at any time after notice and hearing, removeany Commissioner for gross inefficiency, neglect of duty, malfeasance, misfeasance, ornonfeasance in office.
Georgia 
The Georgia State Labor Commissioner is an elected constitutional officer. Thecommissioner may be removed only upon a majority vote of the state’s constitutionalofficers.Source: Georgia Code 34-2-3(a) The Department of Labor shall be under the direction and supervision of acommissioner to be known as the Commissioner of Labor. The Commissioner shall devotehis full time to the duties of his office and shall not hold any other office during his termof office.(b) The Commissioner shall be elected by those persons entitled to vote for the members of the General Assembly, and his term shall be for four years.(c) The Commissioner of Labor shall be compensated in the amount provided for in CodeSection 45-7-4, payable in semimonthly installments, and shall receive such travel expensesand allowances as are provided for in Code Section 45-7-20; provided, however, thatpursuant to Code Section 45-7-4, the Commissioner shall in addition thereto be entitled toreceive necessary and actual expenses incurred by him in the performance of his duties asadministrator of Chapter 8 of this title.(d) The Commissioner may be removed by the Governor for neglect of duty or malfeasancein office, provided that written charges are served upon the Commissioner at least ten daysprior to a hearing thereon before the Governor and the constitutional officers of this state,and provided, further, that a majority shall find that the Commissioner is guilty of thecharges preferred under this chapter, but for no other cause.(e) The Commissioner shall have charge of the administration and enforcement of all laws,rules, and regulations which it is the duty of the department to administer and enforceexcept as provided in Chapter 9 of this title and shall direct all inspections andinvestigations except as otherwise provided.
Florida 
The Agency for Workforce Innovation exists under the Department of ManagementServices. The agency is a separate budget entity, as provided in the General Appropriations Act, and the director of the agency is the agency head for all purposes. The agency executive director is appointed by the Governor and Cabinet and serves at its pleasure.
 
Source: Florida Statute 20.50There is created the Agency for Workforce Innovation within the Department of Management Services. The agency shall be a separate budget entity, as provided in theGeneral Appropriations Act, and the director of the agency shall be the agency head for allpurposes. The agency shall not be subject to control, supervision, or direction by theDepartment of Management Services in any manner, including, but not limited to,
 
personnel, purchasing, transactions involving real or personal property, and budgetary matters.b)The agency shall prepare and submit a unified budget request for workforcedevelopment, in accordance with chapter 216 for, and in conjunction with, WorkforceFlorida, Inc., and its board. The head of the agency is the director of WorkforceInnovation, who shall be appointed by the Governor.c) The agency shall include the following offices within its organizational structure:1. The Office of Unemployment Compensation ServicesThe director of the agency may establish the positions of assistant director and deputy director to administer the requirements and functions of the agency. In addition, thedirector may organize and structure the offices of the agency to best meet the goals andobjectives of the agency as provided in s. 20.04.Source: Florida Statute 20.05(g) If a department is under the direct supervision of a board, including a board consistingof the Governor and Cabinet, however designated, employ an executive director to serve atits pleasure; and h) Make recommendations concerning more effective internal structuringof the department to the Legislature. Unless otherwise required by law, suchrecommendations must be provided to the Legislature at least 30 days before the first day of the regular session at which they are to be considered, when practicable.(2) The appointment of a secretary appointed by the Governor to serve as the head of adepartment must be confirmed by the Senate.(3) The Governor may assign the Lieutenant Governor, without Senate confirmation, theduty of serving as the head of any one department, the head of which is a secretary appointed by the Governor, notwithstanding any qualifications for appointment assecretary of the department.(4) Each head of a department may require any officer or employee of the department togive a bond for the faithful performance of his or her duties. The head of a departmentmay determine the amount of the bond and must approve the bond. In determining theamount of the bond, the head of the department may consider the amount of money orproperty likely to be in custody of the officer or employee at any one time. The premiumsfor the bonds must be paid out of the funds of the department.
 Virginia 
The Virginia Employment Security Commissioner is appointed by the Governor subject toconfirmation by the General Assembly. The commissioner serves at the pleasure of theGovernor.Source: Virginia Code 60.2-108.The Virginia Employment Commission shall consist of one Commissioner, who shall beappointed by the Governor for a term of four years, subject to confirmation by the General

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