2019 -- S 0240

========

LC000900

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

____________

A N   A C T

RELATING TO PUBLIC OFFICERS AND EMPLOYEES - MERIT SYSTEM

     Introduced By: Senators Lombardi, Lawson, Metts, Ciccone, and Sheehan

     Date Introduced: January 31, 2019

     Referred To: Senate Labor

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 36-4-16.2 of the General Laws in Chapter 36-4 entitled "Merit

System" is hereby amended to read as follows:

     36-4-16.2. Duties and responsibilities of the department of administration.

     (a) It is the duty of the department of administration to maintain a pay plan for

unclassified employees of the state, including any rules and regulations that are necessary to

implement and complement the plan. In maintaining the pay plan, it will be the duty of the

department of administration to allocate all new unclassified positions to existing grades within

the plan, and to review at least once annually all existing unclassified positions and to reallocate

those positions within the pay plan as it deems proper. No new unclassified position shall be

created or allocated or reallocated to any grade within the plan unless state agency and

department heads have been afforded the opportunity to make recommendations regarding the

proposed changes; provided further, however that any unclassified position that has been vacant

for more than twelve (12) months shall be canceled and removed from the unclassified pay plan

unless within that twelve (12) months the person having supervisory authority over the position

requests an extension, in which case the department of administration may approve an extension

of not more than twelve (12) months; and provided further, that employees, appointing

authorities, and the general public, shall be afforded an opportunity at a public hearing to provide

testimony, orally and in writing, regarding the changes, prior to the department's submission of

recommendations to the governor. The agenda for the public hearing shall include a summary of

the proposed changes. Hearings conducted pursuant to this section shall be subject to the

provisions of chapter 46 of title 42.

     (b) The department of administration, notwithstanding any provision to the contrary, shall

only have the authority to make recommendations to the governor. The governor shall approve

and adopt the plan with such changes as he or she may deem necessary. Following approval by

the governor, all unclassified pay plan changes shall be included in the normal budget process in

the appropriate section of the personnel supplement.

     (c) When the pay plan and regulations have been adopted they shall constitute the official

pay schedule for the positions in the unclassified service. Thereafter, no person in the unclassified

service shall be paid a salary that is greater than the maximum or less than the minimum rates

fixed by the approved pay plan and regulations or by amendments thereto, nor shall salary

adjustments for unclassified employees made by the department of administration during its

review exceed two (2) grades per year at the maximum of the grade except for those positions

covered by the terms and provisions of collective bargaining; provided, however, that unclassified

employees shall be entitled to all monetary additives accorded other state employees, including,

but not limited to, longevity and incentive training awards.

     SECTION 2. This act shall take effect upon passage.

========

LC000900

========

LC000900 - Page 2 of 3

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PUBLIC OFFICERS AND EMPLOYEES - MERIT SYSTEM

***

     This act would exempt unclassified employees covered by the terms and provisions of

collective bargaining from the maximum two (2) grade increase limit per year at the maximum of

the grade.

     This act would take effect upon passage.

========

LC000900

========

LC000900 - Page 3 of 3