EMPLOYMENT SECURITY ORGANIZATION OF SOUTHERN STATES

The office is appointed by the Governor in every other SE state except for Georgia, where the state labor commissioner is an elected Constitutional officer. The following data includes a brief summary for each state followed by the specific statutory language. South Carolina The South Carolina Employment Security Commission consists of three members elected by joint session of the General Assembly. Vacancies are temporarily filled by the Governor until the General Assembly elects a commissioner to fill the term. Source: SC Code 41-29-10 Chapters 27 through 41 of this Title shall be administered by the South Carolina Employment Security Commission. The Commission shall consist of three members to be elected by the General Assembly, in joint session, for terms of four years and until their successors have been elected and qualified, commencing on the first day of July in each presidential election year. Any vacancy occurring shall be filled by appointment by the Governor 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 removed for 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 be appointed by the Governor. The Governor shall have the power to designate the member of said Commission who shall act as the chairman thereof. The chairman of the Commission shall not engage in any other business, vocation or employment. Three members 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 the expiration of the respective terms, the successors of said members shall be appointed for a term of four years each, thereafter, and the member of said Commission designated by the Governor as chairman shall serve at the pleasure of the Governor. Any member appointed to fill a vacancy occurring in any of the appointments made by the Governor prior to the expiration 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, remove any Commissioner for gross inefficiency, neglect of duty, malfeasance, misfeasance, or nonfeasance in office. Georgia The Georgia State Labor Commissioner is an elected constitutional officer. The commissioner may be removed only upon a majority vote of the state’s constitutional officers. Source: Georgia Code 34-2-3 (a) The Department of Labor shall be under the direction and supervision of a commissioner to be known as the Commissioner of Labor. The Commissioner shall devote his full time to the duties of his office and shall not hold any other office during his term of 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 Code Section 45-7-4, payable in semimonthly installments, and shall receive such travel expenses and allowances as are provided for in Code Section 45-7-20; provided, however, that pursuant to Code Section 45-7-4, the Commissioner shall in addition thereto be entitled to receive necessary and actual expenses incurred by him in the performance of his duties as administrator of Chapter 8 of this title. (d) The Commissioner may be removed by the Governor for neglect of duty or malfeasance in office, provided that written charges are served upon the Commissioner at least ten days prior 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 the charges 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 enforce except as provided in Chapter 9 of this title and shall direct all inspections and investigations except as otherwise provided. Florida The Agency for Workforce Innovation exists under the Department of Management Services. 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 20.50 There is created the Agency for Workforce Innovation within the Department of Management Services. The agency shall be a separate budget entity, as provided in the General Appropriations Act, and the director of the agency shall be the agency head for all purposes. The agency shall not be subject to control, supervision, or direction by the Department 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 workforce development, in accordance with chapter 216 for, and in conjunction with, Workforce Florida, Inc., and its board. The head of the agency is the director of Workforce Innovation, 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 Services The 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, the director may organize and structure the offices of the agency to best meet the goals and objectives 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 consisting of the Governor and Cabinet, however designated, employ an executive director to serve at its pleasure; and h) Make recommendations concerning more effective internal structuring of the department to the Legislature. Unless otherwise required by law, such recommendations 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 a department must be confirmed by the Senate. (3) The Governor may assign the Lieutenant Governor, without Senate confirmation, the duty 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 as secretary of the department. (4) Each head of a department may require any officer or employee of the department to give a bond for the faithful performance of his or her duties. The head of a department may determine the amount of the bond and must approve the bond. In determining the amount of the bond, the head of the department may consider the amount of money or property likely to be in custody of the officer or employee at any one time. The premiums for the bonds must be paid out of the funds of the department. Virginia The Virginia Employment Security Commissioner is appointed by the Governor subject to confirmation by the General Assembly. The commissioner serves at the pleasure of the Governor. Source: Virginia Code 60.2-108. The Virginia Employment Commission shall consist of one Commissioner, who shall be appointed by the Governor for a term of four years, subject to confirmation by the General

Assembly, if in session when such appointment is made, and if not in session, then at its next succeeding session. Appointments to fill vacancies shall be for the unexpired terms. The Commissioner may be suspended or removed by the Governor at his pleasure, and he shall receive such compensation as may be provided in accordance with law. Alabama The Department of Industrial Relations is headed by a director, appointed by and serving at the pleasure of the Governor. Source: Alabama Statute 25-2-6 The Department of Industrial Relations shall be headed by and shall be under the direction, supervision and control of an officer who shall be known and designated as the Director of Industrial Relations. The Director of Industrial Relations shall be the advisor of the Governor and the Legislature in matters relating to employer-employee relations and the welfare of the wage earners of the state. He shall be responsible to the Governor for the administration of the Department of Industrial Relations. The Director of Industrial Relations shall be appointed by and shall hold office at the pleasure of the Governor. Vacancies for any reason shall be filled in the same manner as original appointments are made. Before entering upon the discharge of his duties, the Director of Industrial Relations shall take the constitutional oath of office. Before entering upon the duties of his office, the Director of Industrial Relations shall execute to the State of Alabama a bond, to be approved by the Governor, in an amount to be fixed by the Governor, but not less than $10,000.00, for the faithful performance of his duties. The annual salary of the Director of Industrial Relations shall be fixed by the Governor at a sum comparable to salaries paid similar officers in other states, notwithstanding any limitation or maximum in any other law, $1,200.00 of which sum shall be paid from moneys of the State of Alabama and the remainder from grants of the United States of America to this state. Such salary shall be payable at the same time and in the same manner as the salaries of other state officers. The Director of Industrial Relations is authorized and empowered to make such agreements as may be necessary or proper with the United States of America with respect to the proration of funds from the State of Alabama and funds from the federal government for the salary paid to the Director of Industrial Relations by virtue of the provisions of this section. The Director of Industrial Relations shall devote his full time to his official duties and shall not hold another office under the government of the United States, or under any other state, or of this state or any political subdivision thereof, during his incumbency in such office, and shall not hold any position of trust or profit, or engage in any occupation or business the conduct of which shall interfere or be inconsistent with his duties as Director of Industrial Relations under the provisions of this title. Mississippi The Mississippi Department of Employment Security Commission consists of three members appointed by the Governor. A salaried executive director is appointed by the Governor with the advice and consent of the Senate.

Source: Miss. Code Ann. § 71-5-101 (1972) There is established the Mississippi Department of Employment Security, Office of the Governor. The Department of Employment Security shall be the Mississippi Employment Security Commission and shall retain all powers and duties as granted to the Mississippi Employment Security Commission. Wherever the term "Employment Security Commission" appears in any law, the same shall mean the Mississippi Department of Employment Security, Office of the Governor. The Executive Director of the Department of Employment Security may assign to the appropriate offices such powers and duties deemed appropriate to carry out the lawful functions of the department. There shall be a commission of three members to be known as the Mississippi Employment Security Commission. One member of said commission shall be a representative of employees. The members of the commission shall be appointed by the governor, one from each supreme court district, and the governor shall designate one member as chairman. The commissioners initially appointed shall serve for terms of two, four, and six years respectively, as designated by the governor. Thereafter the term of office of each commissioner shall be four years, with said terms expiring at two-year intervals. Any appointment to a vacancy shall be for the unexpired term in question, and from the supreme court district in which such vacancy occurred. No commissioner shall, during his term of office, serve as an officer or committee member of any political party organization. Source: Miss. Code § 71-5-107 The department shall administer this chapter through a full-time salaried executive director, to be appointed by the Governor, with the advice and consent of the Senate. He shall be responsible for the administration of this chapter under authority delegated to him by the Governor. Tennessee The Tennessee Department of Labor and Workforce Development is a cabinet level agency whose commissioner is appointed by the Governor. Within this department exists the Division of Employment Security, which is directed by an administrator appointed by the commissioner of labor Source: Tennessee Code 4-3-1408 (3) Each administrator shall be appointed by the commissioner of labor and workforce development for a four-year term. The first appointment shall be made July 1, 1999, or as soon as practical thereafter. The first four-year term shall begin on July 1, 1999, and end on June 30, 2003; additional four-year terms shall begin on July 1 and end on June 30 of appropriate years. The commissioner of labor and workforce development has the authority to remove an administrator only for non-performance of duties and responsibilities. If removed, a vacancy shall exist in the office of the administrator so removed. A vacancy in such office shall be filled for the unexpired term with a person meeting the requirements applicable to the original appointee.

Kentucky The Kentucky Office of Employment and Training administers the state unemployment program under the cabinet level agency Department for Workforce Investment. The office administrator is appointed by this cabinet secretary, which is appointed by the Governor.

Source: Kentucky Code 151B.280 (1) The Office of Employment and Training is created and established within the Department of Workforce Investment within the Education Cabinet. The Office of Employment and Training shall develop and operate employment development and placement programs, including job recruitment and business liaison functions, employability development and training programs, and job counseling and placement programs of the cabinet. In addition, the office shall develop and operate all programs relating to the unemployment insurance laws of the Commonwealth, including responsibilities relating to hearing and judging unemployment insurance benefit appeals. (2) The Office of Employment and Training shall be headed by an executive director appointed by the secretary with the approval of the Governor, in accordance with KRS 12.050. The executive director for employment and training shall be a person who, by experience and training in administration and management, is qualified to perform the duties of the office. The executive director for employment and training shall exercise authority over the Office of Employment and Training under the direction of the commissioner of the Department of Workforce Investment, and shall fulfill only the responsibilities delegated by the commissioner. Source: Kentucky Code 12.050 Deputy heads of departments and directors of divisions and institutions. Unless otherwise provided by law, deputy heads of departments, and directors of divisions and institutions shall be appointed by the heads of the departments and in statutory departments the appointment of deputy heads of departments, and heads of divisions shall be with the prior written approval of the Governor. In departments each division head shall report to the head of the department to which the division is assigned.

Nothing in the foregoing should be construed as an attempt to aid or hinder passage of any legislation. Copyright 2008. South Carolina Policy Council Education Foundation, 1323 Pendleton Street, Columbia, South Carolina 29201. Visit the Policy Council online at www.scpolicycouncil.com.

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