2017 -- H 6258

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LC002762

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO PUBLIC OFFICERS AND EMPLOYEES -- MERIT SYSTEM

     

     Introduced By: Representatives Amore, and O'Brien

     Date Introduced: May 26, 2017

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 36-4-2 of the General Laws in Chapter 36-4 entitled "Merit

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System" is hereby amended to read as follows:

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     36-4-2. Positions in unclassified service.

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     (a) The classified service shall comprise all positions in the state service, now existing or

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hereinafter established, except the following specific positions which, with other positions

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heretofore or hereinafter specifically exempted by legislative act, shall constitute the unclassified

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service:

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     (1) Officers and legislators elected by popular vote and persons appointed to fill

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vacancies in elective offices.

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     (2) Employees of both houses of the general assembly.

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     (3) Officers, secretaries, and employees of the office of the governor, office of the

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lieutenant governor, department of state, department of the attorney general, and the treasury

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department.

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     (4) Members of boards and commissions appointed by the governor, members of the state

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board of elections and the appointees of the board, members of the commission for human rights

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and the employees of the commission, and directors of departments; provided that unless

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membership on a board or commission requires a professional license issued by the state or is

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otherwise specified or governed by statute, all members or designees serving on boards and

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commissions appointed by the governor shall be residents of the state.

 

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     (5) The following specific offices:

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     (i) In the department of administration: director, chief information officer, cybersecurity

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officer, director of office of management and budget, director of performance management,

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deputy director, chief of staff, public information officer and legislative/policy director, and

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within the health benefits exchange: director, deputy director, administrative assistant, senior

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policy analyst, and chief strategic planning monitoring and evaluation;

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     (ii) In the department of business regulation: director;

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     (iii) In the department of elementary and secondary education: commissioner of

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elementary and secondary education;

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     (iv) In the department of higher education: commissioner of postsecondary education;

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     (v) In the department of health: director, executive director, and deputy director;

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     (vi) In the department of labor and training: director, administrative assistant,

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administrator of the labor board and legal counsel to the labor board, executive director, and

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communications director;

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     (vii) In the department of environmental management: director;

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     (viii) In the department of transportation: director, chief operating officer,

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administrator/division of project management, administrator/division of planning, chief of staff,

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communications director, legislative director, and policy director;

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     (ix) In the department of human services: director and director of veterans' affairs;

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     (x) In the state properties committee: secretary;

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     (xi) In the workers' compensation court: judges, administrator, deputy administrator,

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clerk, assistant clerk, clerk secretary;

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     (xii) In the division of elderly affairs: director;

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     (xiii) In the department of behavioral healthcare, developmental disabilities and hospitals:

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director;

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     (xiv) In the department of corrections: director, assistant director (institutions/operations),

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assistant director (rehabilitative services), assistant director (administration), and wardens;

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     (xv) In the department of children, youth and families: director, one assistant director,

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one associate director, one executive director, and a chief of staff;

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     (xvi) In the public utilities commission: public utilities administrator;

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     (xvii) In the water resources board: general manager;

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     (xviii) In the human resources investment council: executive director.

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     (xix) In the office of health and human services: secretary of health and human services.

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     (xx) In the office of commerce: secretary, deputy secretary, chief of staff,

 

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communications director, legislative director, and policy director.

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     (6) Chief of the hoisting engineers, licensing division, and his or her employees;

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executive director of the veterans memorial building and his or her clerical employees.

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     (7) One confidential stenographic secretary for each director of a department and each

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board and commission appointed by the governor.

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     (8) Special counsel, special prosecutors, regular and special assistants appointed by the

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attorney general, the public defender and employees of his or her office, and members of the

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Rhode Island bar occupying a position in the state service as legal counsel to any appointing

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authority.

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     (9) The academic and/or commercial teaching staffs of all state institution schools, with

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the exception of those institutions under the jurisdiction of the board of regents for elementary

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and secondary education and the board of governors for higher education.

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     (10) Members of the military or naval forces, when entering or while engaged in the

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military or naval service.

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     (11) Judges, referees, receivers, clerks, assistant clerks, and clerical assistants of the

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supreme, superior, family, and district courts, the traffic tribunal, security officers of the traffic

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tribunal, jurors, and any persons appointed by any court.

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     (12) Election officials and employees.

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     (13) Deputy sheriffs and other employees of the sheriffs division within the department

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of public safety.

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     (14) Patient or inmate help in state charitable, penal, and correctional institutions and

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religious instructors of these institutions and student nurses in training, residents in psychiatry in

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training, and clinical clerks in temporary training at the institute of mental health within the state

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of Rhode Island medical center.

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     (15) (i) Persons employed to make or conduct a temporary and special inquiry,

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investigation, project, or examination on behalf of the legislature, or a committee therefor, or on

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behalf of any other agency of the state if the inclusion of these persons in the unclassified service

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is approved by the personnel administrator. The personnel administrator shall notify the house

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fiscal advisor and the senate fiscal advisor whenever he or she approves the inclusion of a person

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in the unclassified service.

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     (ii) The duration of the appointment of a person, other than the persons enumerated in

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this section, shall not exceed ninety (90) days or until presented to the department of

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administration. The department of administration may extend the appointment another ninety (90)

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days. In no event shall the appointment extend beyond one hundred eighty (180) days.

 

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     (16) Members of the division of state police within the department of public safety.

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     (17) Executive secretary of the Blackstone Valley district commission.

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     (18) Artist and curator of state-owned art objects.

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     (19) Mental health advocate.

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     (20) Child advocate.

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     (21) The position of aquaculture coordinator and marine infrastructure specialist within

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the coastal resources management council.

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     (22) Employees of the office of the health insurance commissioner.

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     (23) In the department of revenue: the director, secretary, attorney.

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     (24) In the department of public safety: the director.

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     (b) Provided, however, that, if any position added to the unclassified service by

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legislative act after January 1, 2015, is occupied by a classified employee on June 30, 2015, such

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position shall remain in the classified service until such position becomes vacant.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PUBLIC OFFICERS AND EMPLOYEES -- MERIT SYSTEM

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     This act would require that all persons serving on boards and commissions appointed by

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the governor have a connection to the state through residence or licensure.

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     This act would take effect upon passage.

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