Sec. 12. Staff of University
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/bill/119/s/2140/is/section-12·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Except as otherwise provided in this section, title 5, United States Code, shall not apply to the University. The President of the University, with the approval of the Board, shall have the authority to appoint, fix the compensation of (including health and retirement benefits), and prescribe the duties of such officers and employees as the President of the University deems necessary for the efficient administration of the University, in accordance with this section. Not later than 180 days after the date on which the President of the University is appointed under section 11(a), the President of the University shall make or modify, as applicable, policies and procedures governing— the establishment of positions at the University; basic compensation for those positions (including health and retirement benefits); entitlement to compensation; conditions of employment; discharge from employment; the leave system; and such other matters as may be appropriate.
Policies and procedures promulgated under paragraph
(1)with respect to discharge and conditions of employment shall require— that procedures be established for the rapid and equitable resolution of grievances of individuals; and that no individual may be discharged without notice of the reasons for that discharge. Any officer or employee of the University may appeal to the Board any determination by the President of the University to not re-employ or to discharge the officer or employee. On an appeal made under paragraph
(1)by an officer of employee of the University, the Board may, on a majority vote of the Board, in writing, overturn the determination of the President of the University with respect to the employment of the officer or employee. Any individual who is an employee of the Federal Government and is transferred or reappointed, without a break in service, from a position under a different leave system to the University, shall be credited for purposes of the leave system provided under rules and regulations promulgated under subsection (c), with the annual and sick leave to the credit of that individual immediately before the effective date of the transfer or reappointment. On termination of employment with the University, any annual leave remaining to the credit of an individual covered by this section shall be liquidated in accordance with sections 5551(a) and 6306 of title 5, United States Code, except that leave earned or accrued under rules and regulations promulgated under subsection
(c)shall not be so liquidated. In the case of any individual who is transferred, promoted, or reappointed, without break in service, to a position in the Federal Government under a different leave system, any remaining leave to the credit of such person earned or credited under the policies and procedures promulgated under subsection
(c)shall be transferred to the credit of that individual in the employing agency on an adjusted basis in accordance with rules and regulations to be promulgated by the Office of Personnel Management. This section shall apply to any individual appointed after the date of enactment of this Act for employment in the University. Except as provided in subsection (g), the enactment of this Act shall not affect— the continued employment of any individual employed by the legacy institution before the date of enactment of this Act; or the right of the individual to receive the compensation attached to the position. This section shall not apply to— an individual whose services are procured by the University pursuant to a written procurement contract; or employees of an entity performing services pursuant to a written contract with the University. On the date of enactment of this Act, any position at the University that is occupied by an individual in the civil service shall terminate. The University shall be considered an agency for the purpose of chapter 71 of title 5, United States Code. Employees of the University shall receive compensation for work injuries and illnesses in accordance with chapter 81 of title 5, United States Code. An individual employed by the legacy institution before the date of enactment of this Act shall undergo a background check in accordance with the minimum standards established by the Board under paragraph
(2)to be eligible to be employed by the University. An individual that seeks employment with the University shall undergo a background check in accordance with the minimum standards established by the Board under paragraph (2). The Board shall establish minimum standards for the conduct of background checks for current and new employees of the legacy institution and University under subparagraphs
(A)and (B), as applicable, of paragraph (1), which shall— be equivalent to background check standards carried out by Federal education agencies; and allow the Board to contract services from Federal agencies, including the Office of Personnel Management, to conduct those background checks. Not later than September 1 of each year, the Board shall certify that all employees of the University received a background check in accordance with the minimum standards established under paragraph (2). The Board shall submit to the President, the Secretary, and the appropriate committees of Congress notice of each annual certification under subparagraph (A).