Salary Continuation Plan

B. THE CRIMINAL JUSTICE TRAINING AND STANDARDS ACT

The Criminal Justice Education Training and Standards Act is codified in Chapter 17C of the North Carolina General Statutes. This act establishes a mechanism whereby criminal justice officers are provided professional education and training. Pursuant to the act, a commission is appointed to establish minimum educational and training standards which must be met in order to qualify for entry level employment as a criminal justice officer. G.S. 17C-6(a)(2); also G.S. 17C-10(a), (b), (c) and (d). Candidates who meet these standards are then certified as qualified for employment. G.S. 17C-6(a)(3). For purposes of the act, "criminal justice officer" is defined by G.S. 17C-2 (c) to include, "the administrative and subordinate personnel of all of the departments, agencies, units or entities comprising the "criminal justice agencies," as defined in subsection (a), who are sworn law enforcement officers, both State and local, with the power of arrest; State correctional officers; State probation and parole officers; officers, supervisory and administrative personnel of local confinement facilities; or youth correctional officers.

Pursuant to its rule making authority granted by G.S. 17C-6 the North Carolina Criminal Justice Education and Training Standards Commission adopted an advisory interpretative rule on August 28, 1987 further defining the term "criminal justice officer". As defined by the interpretative rule, the category of "criminal justice officer" within the Department of Correction includes and is limited to those classification of employees specifically listed on pages 1, 2, and 3 of the interpretative rule, a copy of which is hereto attached and incorporated herein by reference as Exhibit A.

Thus, if a given job classification is not contained in this interpretative rule then the first criteria of G.S. 143-166.13 is not met and the employee is not covered by the Salary Continuation Plan. If the employee’s classification is included in the listing contained in the interpretative rule and the employee is certified by the Commission, then one must look further to determine if the employee’s classification also is included in the specific listing contained in G.S. 143-166.13.

C. THE SALARY CONTINUATION PLAN: EMPLOYEES DESIGNATED BY G.S. 143

166.13

There has been no prior case in North Carolina interpreting the salary continuation statute discussed herein. Furthermore, neither the Sessions Laws, House Journal, Senate Journal nor the Institute of Government Daily Reports provides assistance in the interpretation of the act. In the absence of such precedent one must turn to the general rules for the construction of statutes. It has been said that to discover the true meaning of a statute, consideration should be given the law as it existed at the time of its enactment, the public policy as declared in judicial opinions and legislative acts, the public interest and the purpose of the act in question. Kendall vs Stafford, 178 N.C. 461, 101 S.E.15 (1919). Also, statutes relating to the same subject matter should be construed in connection with each other as together constituting one law, giving effect to all parts of the statute when possible; legislative history may be considered in the effort to ascertain the uniform and consistent purpose of the legislature. Allen vs Town of Reidsville, 178 N.C. 513, 101 S.E.267 (1919). Finally, when construing a statute the words used therein will be given their ordinary meaning, unless it appears from context that they should be given a different interpretation. Abernethy vs Board of Commissioners, 169 N.C. 631, 86 S.E.577 (1915).

Consideration of G.S. 143-166.13 in its entirety reveals a listing of personnel who have primary responsibility for enforcement of the laws of North Carolina. Considered as a whole, the statute covers individuals who are directly involved in enforcement of the law; thus, it is clear that the legislative intent was to provide full salary continuation benefits to these employees due to any incapacity suffered as a result of an injury by accident or an occupational disease arising out of and in the course of the performance of their duties. This law was not intended to provide benefits to employees serving in administrative capacities or providing support services to those employees in the categories specifically listed.

By its express language the Salary Continuation Plan covers people subject to the Criminal Justice Training and Standards Act who are within the category of "State Correctional Officers".

G.S. 143-166.13(a)(2). Applying the ordinary meaning standard to this phrase, it appears that it describes an individual who is (1) employed by the State, (2) in the prison system, and (3) in the capacity of an officer. This interpretation is supported by G.S. 148-4 et seq and by the definition of Correctional Officer as adopted by the Criminal Justice Training and Standards Commission. 12 NCAC 9A .0103 (5). Thus if a person is employed in a position falling within the category as defined by the Commission, he is covered by the Plan if he is certified.

Similarly, the term "state probation and parole officers" requires that the employee (1) be employed by the State, and (2) have supervisory responsibility over (3) probationers or parolees. As interpreted, this category would include regular probation parole officers, surveillance officers, intake officers and intensive officers certified by the Commission. 12 NCAC 9A .0103 (23), (26), (24) and (25).

Further, the term "sworn State law enforcement officers with the power of arrest" requires that the individual (1) be employed by the State, (2) as a sworn law enforcement officer and (3) have the power of arrest. Thus, other individuals employed by the Department of Correction who have the power of arrest come within this category if certified by the Commission. G.S. 143166.13(a)(4); 12 NCAC 9A .0103(6).

Finally, although parole case analysts are included in the category of "Criminal Justice Officers" as defined by the Criminal Justice Education and Training Standards Commission (12 NCAC 9A .0103(6)) the Salary Continuation Plan does not list them as covered persons. G.S. § 143-166.13. Thus, case analysts are not covered by the Plan.

D. CONCLUSION

In conclusion, most of the employees certified by the Criminal Justice Training and Standards Commission are covered by the Salary Continuation Plan of 143-166.13. If an employee is in a position which (1) requires certification by the Criminal Justice Education and Training Standards Commission and (2) is within a category listed in G.S. § 143-166.13 as defined by the Commission, the employee is covered by the Plan. Otherwise the employee is not covered.

Lacy H. Thornburg Attorney General

D. Sigsbee Miller Associate Attorney General