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2012 Tennessee Attorney General Reports and Opinions 1 (2012)

handle is hein.sag/sagtn0156 and id is 1 raw text is: STATE OF TENNESSEE OFFICE OF THE ATTORNEY GENERAL PO BOX 20207 NASHVILLE, TENNESSEE 37202 January 6, 2012 Opinion No. 12-01 State Employee Salaries QUESTION Do the provisions of the 2011 Appropriations Act grant discretion to the Executive Branch to include consideration of an employee's disciplinary history in withholding a pay raise to that employee? OPINION Yes. The interpretation of the term work performance to include an employee's disciplinary history in determining whether that employee is entitled to a salary increase is reasonable, particularly in light of the broad discretion the Appropriations Act of 2011 provides to the Commissioners of Human Resources and Finance and Administration to generally establish and approve State employee salary levels. ANALYSIS The 2011 Appropriations Act provides an across-the-board 1.6% salary increase for all State of Tennessee employees. See 2011 Tenn. Pub. Acts 473, § 49. This 1.6% salary increase is applicable to all state employees unless an employee is denied on the basis of unsatisfactory work performance. Id. The Act does not define the term work performance. The Act provides that a denial for unsatisfactory work performance shall be set forth in a statement from the head of the department or agency detailing the circumstances surrounding the denial and that the denied employee is allowed an opportunity to respond to the reasons for denial. Id. The Appropriations Act further states that, with a few noted narrow exceptions,' all salaries and wages in departments, institutions, offices and agencies shall be approved by the Commissioner of Human Resources, provided, however, that the establishment of salary ranges within such departments, institutions, offices and agencies shall be subject to the approval of the Commissioner of Finance and Administration. Id., at § 30. 1 Under Section 30, the salaries of employees of the Attorney General and Reporter, Judicial Branch, Treasurer, Comptroller, Secretary of State, Fiscal Review Committee, and the Joint Legislative Services Committee are not subject to approval by the Commissioners of Human Resources and Finance and Administration. See 2011 Tenn. Pub. Acts 473, § 30.

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