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Session Laws, 1994
Volume 773, Page 2341   View pdf image
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WILLIAM DONALD SCHAEFER, Governor

Ch. 485

14-1A-09.

(A) EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED BY STATE LAW, THE
UNIVERSITY, ITS OFFICERS, AND ITS UNITS MAY NOT RAISE THE DEFENSE OF
SOVEREIGN IMMUNITY IN ANY ADMINISTRATIVE, ARBITRATION, OR JUDICIAL
PROCEEDING INVOLVING AN EMPLOYEE GRIEVANCE OR HEARING THAT IS HELD
UNDER:

(1)      THIS SUBTITLE OR A PROCEDURE ADOPTED UNDER IT;

(2)      SUBTITLE IB OF THIS TITLE; OR

(3)      A PERSONNEL POLICY OR PROCEDURE THAT GOVERNS CLASSIFIED
EMPLOYEES OF THE UNIVERSITY.

(B) (1) IN THIS SUBSECTION, "AWARD" MEANS A FINAL MONETARY OR
BENEFIT AWARD OR JUDGMENT IN AN ADMINISTRATIVE, ARBITRATION, OR
JUDICIAL, PROCEEDING INVOLVING AN EMPLOYEE GRIEVANCE OR HEARING THAT
IS HELD UNDER:

(I) THIS SUBTITLE OR A PROCEDURE ADOPTED UNDER IT;

(II) SUBTITLE IB OF THIS TITLE; OR

(III) A PERSONNEL POLICY OR PROCEDURE THAT GOVERNS
CLASSIFIED EMPLOYEES OF THE UNIVERSITY.

(2) IF THIS STATE HAS SUFFICIENT MONEY AVAILABLE AT THE TIME,
AN AWARD MADE AGAINST THE UNIVERSITY OR AN OFFICER OR UNIT OF THE
UNIVERSITY SHALL BE PAID AS SOON AS PRACTICABLE WITHIN 20 DAYS AFTER THE
AWARD IS FINAL.

(3) (I) IF SUFFICIENT MONEY IS NOT AVAILABLE AT THE TIME TO
SATISFY AN AWARD MADE AGAINST THE UNIVERSITY OR AN OFFICER OR UNIT OF
THE UNIVERSITY, THE AFFECTED UNIT OR OFFICER SHALL REPORT THE
OUTSTANDING AWARD TO THE STATE COMPTROLLER.

(II) THE COMPTROLLER SHALL:

1. KEEP AN ACCOUNTING OF ALL OUTSTANDING AWARDS;

AND

2. REPORT THAT ACCOUNTING ANNUALLY TO THE
GOVERNOR.

(III)    THE GOVERNOR SHALL INCLUDE IN THE STATE BUDGET
SUFFICIENT MONEY TO PAY ALL AWARDS MADE AGAINST THE UNIVERSITY OR AN
OFFICER OR UNIT OF THE UNIVERSITY.

(IV)    ON APPROPRIATION OF MONEY BY THE GENERAL ASSEMBLY,
THE COMPTROLLER SHALL AUTHORIZE PAYMENT OF ALL OUTSTANDING AWARDS
IN THE ORDER OF THE DATE ON WHICH EACH AWARD WAS MADE.

- 2341 -

 

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Session Laws, 1994
Volume 773, Page 2341   View pdf image
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