2020 -- S 2830

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LC004580

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2020

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A N   A C T

RELATING TO PUBLIC OFFICERS AND EMPLOYEES -- DIVISION OF PERSONNEL

ADMINISTRATION

     Introduced By: Senators Conley, DiPalma, Lynch Prata, Seveney, and Pearson

     Date Introduced: March 12, 2020

     Referred To: Senate Labor

     (Dept. of Administration)

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 36-3-3, 36-3-5, 36-3-10 and 36-3-14 of the General Laws in Chapter

36-3 entitled "Division of Personnel Administration" are hereby amended to read as follows:

     36-3-3. Definitions.

     The following terms, when used in this chapter and chapter 4 of this title, shall have the

following meanings unless the context clearly requires otherwise:

     (1) "Appointing authority" means the person or group of persons having the power by

virtue of the constitution, a state statute, or lawfully delegated authority to make appointments.

     (2) "Appropriate list" means any employment list, promotion list, or an employment list

which is declared appropriate by the personnel administrator for purposes of certification and

appointment.

     (3) "Classified employee" means any person holding a position in the classified service.

     (4) "Classified service" means all offices and positions of trust or employment in the state

service except those placed in the unclassified service by chapter 4 of this title or any other

legislation.

     (5) "Department" means the department of administration.

     (6) "Director" means the director of the department of administration.

     (7) "Disabled veteran" means any war veteran who is an examinee and who is certified by

the veterans administration to be physically disabled, as a result of a service connected disability,

with a disability rating of zero percent (0%) or more.

     (8) "Division" means the division of personnel administration.

     (9) "Employee" means any person holding a position subject to appointment by an

appointing authority.

     (10) "Employment list" means a list of names of persons arranged in the order of their

ratings who have been found qualified through suitable tests, and who are entitled to have their

names certified to appointing authorities for original appointment under the provisions of chapter

4 of this title and rules.

     (11) "Permanent status employee" means an employee in the classified service who:

     (i) Has successfully completed the required probationary period; and

     (ii) Whose appointing authority has filed a statement of satisfactory service with the

personnel administrator; and

     (iii) Who has fulfilled the requirements for character and, if applicable, physical condition.

     (11)(12) "Personnel administration" means the legal framework of the state government

personnel system, i.e., statutes, rules, and policies.

     (12)(13) "Personnel administrator" means the head of the division.

     (13)(14) "Personnel management" means the powers and duties of the personnel

administrator as set forth in this chapter and chapter 4 of this title.

     (14)(15) "Position" means any office or place of employment in the state service.

     (15) "Promotion list" means a list of names of classified employees arranged in order of

their ratings, who have been found qualified through suitable tests for promotion to positions in

other classes under the provisions of chapter 4 of this title and rules.

     (16) "Provisional status" means:

     (i) the status of an appointee who has completed one year of service in a position for which

no suitable list has been established; or

     (ii) the status of an appointee on leave from a position in which he or she holds permanent

status to accept a higher position for which no suitable list has been established.

     (18)(16) "Reemployment Preferred reemployment list" means a list of names of persons

who have occupied positions in the classified service, who have been separated from a position in

the classified service, and who are entitled to have their names certified to appointing authorities

under the provisions of chapter 4 of this title and rules § 36-4-23.

     (17)(17) "Public hearing" means an opportunity given after public notice of at least five (5)

calendar days for any citizen or party to appear and be heard on the matter involved.

     (19)(18) "State service" means all offices and positions of trust or employment in the

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service of the state.

     (20) "Temporary status" means the status of an appointee who has not acquired provisional,

probationary, or permanent status in the position held.

     (21)(19) "War veteran" or "veteran" means any person, male or female, who was employed

as an officer, member of the enlisted personnel or otherwise in the active military or naval service

of the United States or of any auxiliary unit of the military or naval service, except civilian

employees, during the Spanish American War, the Philippine Insurrection, the China Relief

Expedition or at some time during the period between April 6, 1917, and November 11, 1918, or

the period between December 7, 1941, and December 31, 1946, or who was engaged in the active

conduct of and/or fighting in the Korean campaign (active conduct of and/or fighting in the Korean

Campaign, shall mean service by any man or woman of the armed forces of the United States

between June 27, 1950, and January 31, 1955), or the conflict in Vietnam (active conduct of and/or

fighting in the conflict in Vietnam shall mean service by any man or woman of the armed forces of

the United States between August 5, 1964, and May 7, 1975), and who served for at least six (6)

months and one day; provided, however, that the definition shall not include any person who has

been separated from employment of service, except through honorable discharge, if the reason for

the separation shall be deemed by the personnel administrator to be sufficient cause to deny

inclusion.

     36-3-5. Powers and duties of the administrator. [Effective January 1, 2020.]

     In addition to the duties imposed upon the personnel administrator elsewhere in the law

and the personnel rules, it shall be the duty of the personnel administrator:

     (1) As executive head of the division of personnel administration, to direct, supervise,

develop, and authorize all personnel-related administrative and technical activities including

personnel administration and personnel management.

     (2) To prepare and recommend to the director of administration such rules as are deemed

necessary to carry out the provisions of the law.

     (3) To supervise the operation of the classification plan and to recommend to the director

amendments and additions thereto.

     (4) To supervise the operation of the pay plan and to recommend to the director

amendments and additions thereto.

     (5) To establish and supervise the maintenance of employment lists, promotion lists, and

reemployment lists; to develop recruitment procedures, monitor agency recruitment processes for

compliance with the statutes and policies, and make available to state agencies qualified candidates

as vacancies occur; direct and supervise equal opportunity programs; manage employee benefit

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plans, including the coordination of health insurance, prescription/vision care, group life insurance,

dental care, prepaid legal services, deferred compensation and cancer programs, and any other

programs established by the legislature related to employee benefits; and to manage career awards

programs and state and local enforcement firefighters incentive training programs.

     (6) To perform any other lawful act which he or she may consider necessary or desirable

to carry out the purposes and provisions of this chapter, and chapter 4 of this title, and the rules and

to conduct innovative demonstration projects to improve state personnel management.

     (7) To facilitate and/or coordinate state and national background checks for applicants

and/or employees in state positions with access to federal tax information, as defined in § 36-3-

16(a)(6).

     (8) The personnel administrator is authorized and empowered to revise state job

descriptions to ensure the use of appropriate disability language as required by § 43-3-7.1.

     36-3-10. Appeals to appeal board.

     (a) The personnel appeal board shall hear appeals:

     (1) By any person with provisional, probationary, or permanent status in a position in the

classified service aggrieved by an action of the administrator of adjudication for the department of

administration on matters of personnel administration.

     (2) By any person with provisional, probationary, or permanent status in a position in the

classified service who has been discharged, demoted, suspended, or laid off by any appointing

authority.

     (3) By any person who holds the belief that he or she has been discriminated against

because of his or her race, sex, age, disability, or his or her political or religious beliefs in any

personnel action.

     (4) By any person who by the personnel policy of the state of Rhode Island or by

contractual agreement with the state of Rhode Island is vested with the right of appeal to the board.

     (b) Appeals shall be taken in accordance with the provisions of this chapter and chapter 4

of this title of the personnel rules provided, however, that the personnel appeal board may dismiss

the appeal of a person who has already appealed or seeks to appeal the same matter under provisions

of a contractual agreement or other law or regulation.

     36-3-14. Facilities for division.

     The division shall be provided by the director with the necessary funds and employees to

enable the division to examine temporary employees within the time prescribed by law and with

suitable offices, examination rooms, and accommodations for itself and staff in the city of

Providence, and in localities throughout the state as may be required to suit the public convenience

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and carry on the work of the division. It shall be the duty of the officers of the state, or any political

subdivisions thereof, at any place where examinations or hearings are directed to be held by the

personnel administrator to allow the reasonable use of public buildings and rooms and to furnish

the buildings and rooms with heat and light for holding hearings and examinations and in all proper

ways to facilitate the work of the division in carrying out the provisions of this chapter and chapter

4 of this title.

     SECTION 2. Sections 36-4-6, 36-4-7, 36-4-10, 36-4-17, 36-4-18, 36-4-19, 36-4-21, 36-4-

22, 36-4-24, 36-4-25, 36-4-26, 36-4-26.1, 36-4-37, 36-4-38, 36-4-40, 36-4-41, 36-4-42, 36-4-46

and 36-4-57 of the General Laws in Chapter 36-4 entitled "Merit System" are hereby amended to

read as follows:

     36-4-6. Appointments to noncompetitive branch Appointments to classified service.

     Appointments to positions in the noncompetitive branch shall be designated as

"noncompetitive appointments", and classified service shall be made upon recommendation of the

appointing authority and approval of the personnel administrator subject to established

requirements for character and, if applicable, physical condition.

     36-4-7. Probationary period in noncompetitive branch -- Acquisition of full status

Probationary period in the classified service -- Acquisition of permanent status.

     (a) Persons appointed to positions in the noncompetitive branch, and persons appointed to

competitive positions from a list certified by the personnel administrator, shall serve a probationary

period of six (6) months during which time the appointing authority shall report to the personnel

administrator every sixty (60) ninety (90) days concerning the work of the employee and at the end

of the probationary period no further salary or other compensation shall be paid to the employee

unless the appointing authority has filed with the personnel administrator a statement, in writing,

that the services of the employee have been satisfactory and that it is desired that his or her services

be continued. The probationary period for persons appointed in the noncompetitive branch is

further defined to be one hundred-thirty (130) days worked in the non-competitive position to

which the person has been appointed. Upon completion of the probationary period and receipt of

the statement of satisfactory service by the personnel administrator and having fulfilled the

requirements for character and, if applicable, physical condition, the employee shall be deemed to

have acquired full permanent status and shall enjoy all the rights and privileges of that status.

Whenever a class of positions shall be assigned to the noncompetitive branch, every employee

holding a position in that class at the time of assignment who is a temporary employee and has

served in that class for six (6) months or more shall be considered to have completed the required

probationary period and upon receipt of a statement from his or her appointing authority that his or

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her services have been satisfactory shall be deemed to have acquired full status and shall enjoy all

the rights and privileges of that status. A temporary employee who has served at least four (4)

months but has not completed six (6) months shall be deemed to have served four (4) months of

the required probationary period and his or her appointing authority shall submit a report

concerning the work of the employee to the personnel administrator and shall at the end of sixty

(60) days submit a final probationary report for the employee. An employee who has served at least

two (2) three (3) months but has not completed four (4) months shall be deemed to have served two

(2) three (3) months of the required probationary period and his or her appointing authority shall

submit a report concerning the work of the employee to the personnel administrator and shall

subsequently submit a probationary report at the end of the next sixty (60) days and a final

probationary report at the end of six (6) months of service.

     (b) Persons appointed to positions in the competitive branch, where no list for certification

exists, shall be probationary for a period of one year. The probationary period for persons appointed

in the competitive branch is further defined to be two hundred sixty (260) days worked in the

position to which the person has been appointed. Upon completion of the probationary period and

receipt of the statement of satisfactory service by the personnel administrator and having fulfilled

the requirements for character and, if applicable, physical condition, the employee shall be deemed

to have acquired permanent status and shall enjoy all the rights and privileges of that status. The

appointing authority shall submit reports to the personnel administrator at ninety (90) days and one

hundred eighty (180) days concerning the work of the employee and shall subsequently submit a

final probationary report at the end of the one year of service.

     (c) A classified employee with probationary status may be dismissed at any time during

the probationary period at the discretion of the appointing authority.

     36-4-10. Changes in plan -- Notice of establishment of new positions.

     (a) Additional classes may be established and existing classes may be divided, combined,

altered, or abolished upon recommendation of the personnel administrator, recommendation by the

director after public hearing, and approval by the governor. This action may be initiated either by

the personnel administrator, the director, or on request of an appointing authority. Appointing

authorities intending to establish new positions shall so notify the personnel administrator, and

except as otherwise provided in this chapter, no person shall be appointed to or employed for a new

position until it has been properly classified as herein provided and an appropriate list established

therefor.

     (b) When amendments are required by federal or state law to the classified pay plan the

personnel administrator may make such amendments without a public hearing.

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     36-4-17. Preparation of employment lists.

     The personnel administrator shall may, as in his or her estimation the need requires and in

his or her discretion, prepare for the several classes of positions in the classified service statewide

or regional lists of persons eligible for original appointment to positions in those classes. Each

employment list shall include the names of those persons who have shown by competitive civil

service tests that they possess the qualifications which entitle them to be considered eligible for

appointment to any position in the class or classes for which the list is prepared.

     36-4-18. Competitive tests Civil service tests.

     The competitive Civil service tests shall be designed to determine fairly the capacity of the

persons examined to perform the duties of the positions in the classes for which the lists are

prepared. The competitive tests shall be open to applicants who are residents of the state of Rhode

Island; provided, that the personnel administrator may admit to competitive tests for technical,

professional, or unusual positions residents of other states. Any resident individual denied

admission to an examination on the grounds of insufficient qualifications as established in the class

specifications involved may, within five (5) calendar days of the mailing of the notices, appeal in

writing to the administrator of adjudication for a hearing or review of the denial. On the basis of

the review or hearing, the administrator of adjudication may direct the personnel administrator to

permit the appellant to take the examination. The tests may take into consideration elements of

character, education, aptitude, experience, knowledge, skill, personality, physical fitness,

professional license, or specialized training, and other pertinent matters, and may be written, oral,

physical, or in the form of demonstration of skill, or any combination of these types. Public notice

of every test shall be given in the manner prescribed by the personnel rules. Persons having a

legitimate and proper interest in examination questions used in connection with any examination

shall be freely allowed to inspect the questions, when all phases of the examination in which the

questions were used have been completed under such conditions as shall be specified in the

personnel rules. The final earned rating of each person competing in any test shall be determined

by the weighted average of the earned rating on all phases of the test according to weights for each

phase established by the personnel administrator in advance of the giving of the tests and published

as part of the announcement of the examination. However, the personnel administrator may

discontinue the examination process for any competitor when it has been determined that the

required minimum final earned rating cannot be attained. All persons competing in any test shall

be given written notice of their standing on any employment list or of their failure to attain a place

upon the list. The personnel administrator may as deemed appropriate establish broadband

examinations for a wide variety of entry and/or other levels of positions which would not be ranked

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in the traditional manner. The examinations would be ranked only upon certification to an

appropriate vacancy and subject to conditions established in the personnel rules and the provisions

of §§ 36-4-4 and 36-4-7 shall not apply to any appointments which are in the unclassified service.

When an appropriate vacancy exists, the appointing authority will certify as to the appropriate

knowledge, skills, and abilities required for successful performance in a particular position or

positions. The personnel administrator will then proceed to rank all eligibles who have qualified

and possess the requisite knowledge, skills, and abilities.

     36-4-19. Placement of names on employment lists -- Listing of veterans.

     (a) The names of all persons attaining the minimum final earned rating established by the

personnel administrator shall be placed upon the employment list in the order of their ratings;

provided, however, that there shall be added to the final earned ratings of examinees who are

veterans in competitive civil service tests for entrance into the classified service, but not for

promotion in the service, who receive at least the minimum required final earned rating as stated in

the public notice, service credits amounting to five (5) points for veterans or service credits

amounting to ten (10) points for disabled veterans. On all employment lists, the letter "V" shall be

placed opposite the name of each veteran as defined in chapter 3 of this title, who, by reason of his

or her final earned rating, is entitled to have his or her name placed on an employment list, and the

letters "DV" shall be placed opposite the name of each disabled veteran, as defined in chapter 3 of

this title, who, by reason of his or her final earned rating is entitled to have his or her name placed

on the list.

     (b) For the purposes of this section:

     (1) "War veteran" means any veteran of any conflict war, undeclared war or contingency

operation who has earned a campaign ribbon or expeditionary medal for his or her service, in these

operations, as noted on acceptable military documentation. The war veteran must have been

honorably or generally discharged from the armed forces of this nation.

     (2) "Veteran" means a person who served on active duty for other than training for a period

of more than thirty (30) days and was discharged or released there from with other than a

dishonorable discharge; or was discharged or released from active duty because of a service-

connected disability; or served as a member of the national guard or reserve forces and served a

minimum of twenty (20) years of honorable service in the national guard or reserve forces, has

received a certificate of retirement and has been honorably or generally discharged from the

national guard or reserve forces.

     36-4-21. Open continuous competitive tests Open continuous civil service tests.

     The personnel administrator may use open continuous competitive civil service tests to

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establish lists and fill vacancies in an agency or agencies where there is a continued shortage of

available qualified persons or where there is a manifest imbalance of minorities (as currently

defined in employment law as Blacks, Hispanics, American Indians including Alaska Natives, and

Asians including Pacific Islanders) Black or African American (not Hispanic or Latino), Hispanic

or Latino, Native American or Alaska Native (not Hispanic or Latino), Asian (not Hispanic or

Latino), Native Hawaiian or Pacific Islander (not Hispanic or Latino), and two (2) or more races in

the job category. Open continuous competitive civil service tests shall be subject to the conditions

established in this chapter for the preparation of employment lists.

     36-4-22. Promotion examinations and lists Promotion points Promotional points.

     (a)(1) Promotional examinations shall be conducted in the same manner as open

competitive examinations subject to the following conditions:

     (i) A person An existing employee is eligible for promotional examination points provided

the employee is currently employed in the classified, unclassified, or nonclassified service as of the

official closing date of the examination announcement or twenty one (21) calendar days prior to

the administration of the first phase of the examination, whichever is later. , and meets one or more

of the following requirements:

     (A) Any employee who holds or within three (3) years has held permanent status in the

classified service;

     (B) Any employee who is serving in a probationary period as of the official closing date of

the examination announcement;

     (C) A minority (as currently defined in federal employment law as Blacks, Hispanics,

American Indians including Alaska Natives, and Asians including Pacific Islanders) who is a

qualified exam applicant seeking entry to a classification where there is a manifest imbalance in

the job category; or

     (D) Any employee who has served twelve (12) months service in the classified,

unclassified, or nonclassified service and, in addition, meets the minimum requirements established

in the class specification.

     (ii) Promotion lists shall remain in effect for a period of three (3) years or until exhausted

or until combined with or replaced by a more recently prepared list. Existing classified, unclassified

or nonclassified employees, who receive at least the minimum required final earned rating as stated

in the public notice, will have five (5) additional promotional points added to their final earned

ratings.

     (b) This section shall not apply to the Rhode Island state police or the legislative branch of

state government.

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     (c) An employee who is not on the promotional list shall be eligible to take the promotional

examination for the position the employee occupies.

     36-4-24. Removal of disqualified names from lists.

     The personnel administrator may remove the name of any person from any list or lists who

is physically so disabled as to be rendered unfit for performance of the required duties; or who is

addicted to the use of narcotics or excessive use of intoxicating liquors; or who has been found

guilty of any infamous or notoriously disgraceful conduct; or who has made false statement of

material fact in his or her application; or who has terminated or retired from state service, except

as provided under § 36-4-23.1; and those individuals who have had their certification notices

returned with no forwarding address provided the notice was sent by certified mail.

     36-4-25. Designation of appropriate list for filling of vacancies.

     The preferred reemployment list shall have precedence over all other lists for the filling of

vacancies of comparable or less comparable positions in state service until the list is exhausted.

Vacancies in positions in the classified service shall be filled as far as practicable by promotional

appointments. Whenever a vacancy does exist in any position in the classified service, the

appointing authority may choose to use either the employment, promotion, or reemployment list to

fill the vacancy and shall request the personnel administrator to certify the names of persons eligible

for appointment from the designated list; provided, however, that in In the event of the

reorganization of a department or division, or the abolishment of a position or positions in state

service, any classified employee with permanent status affected thereby shall be placed in a

comparable position for which they meet the qualifications of within the department or division, if

such vacancy exists. If, however, placement within the department or division is not possible, then

the affected employee shall be placed in a comparable position elsewhere in state service.

Whenever a position is allocated or reallocated upward, the classified employee with permanent

status holding that position shall be given an opportunity to qualify for the allocated or reallocated

position by taking a qualifying examination and shall be placed on leave of absence from the old

position until the employee has gained status or failed to qualify for the position, if one should be

given.

     36-4-26. Certification and appointment to positions in classified service.

     If the appointing authority has designated the established an employment list, and in the

event of a need to fill a vacancy, the personnel administrator shall immediately certify the names

of the six (6) persons standing highest thereon who are available for appointment, if there are as

many as six (6) names thereon, or all the names on the list if there are less than six (6). If any of

the eligibles notifies the personnel administrator that he or she is unavailable for appointment,

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another name shall be certified to the appointing authority. The appointing authority shall appoint

one of the persons so certified to the position from the appropriate list, or in accordance with the

special certification provided for in § 36-4-26.1 of this chapter. If he or she has designated the

promotional list, certification shall be made in the manner prescribed for the employment list. If he

or she has designated the reemployment list, the names of all available eligibles on the list shall be

certified to him or her for appointment. He or she may choose from any of the names so certified.

If there are as many as three (3) four (4) available eligibles certified from an employment list, a

promotion list, or a reemployment list, the appointing authority shall make an appointment from

one of these lists the list. If there are less than three (3) available eligibles certified from any of

these lists, the appointing authority may choose to appoint one of the persons so certified. If the

appointing authority decides not to make an appointment from any of the names so certified when

there are less than three (3) available eligibles, the personnel administrator shall certify the names

of three (3) available eligibles from any list which he or she shall declare to be appropriate and the

appointing authority shall appoint one of the persons so certified. If there are less than three (3)

four (4) available eligibles certified from an appropriate employment list, the appointing authority

may elect to appoint one of the names so certified or may make a temporary an appointment of

some other person as hereinafter provided. Whenever the personnel administrator is requested to

certify names to fill more than one vacancy in a given class, he or she shall certify to each of the

appointing authorities concerned one three (3) additional name names for each additional vacancy.

     36-4-26.1. Supplemental certification in the civil service -- Expanded certification for

equal opportunity and affirmative action.

     (a) To eliminate the overall adverse impact of systemic barriers to the employment of

minorities as a protected class, the office of personnel administration shall provide all appointing

authorities the necessary flexibility to remedy the effects of systemic discriminatory practices.

Supplemental certification does not guarantee employment of protected classes. It guarantees the

appointing authority increased opportunities, where possible, to appoint qualified employees from

an expanded eligibility list whenever a department can demonstrate that there is statistical

underrepresentation based on demographic analysis, otherwise called a "manifest imbalance"

elsewhere in this chapter.

     (b) Wherever a manifest imbalance exists, as substantiated by the appointing authority and

certified by the equal opportunity administrator in conjunction with the state personnel

administrator, a supplemental certification list of minorities may shall be called for in addition to

the appropriate employment or promotion list, except in the following instances:

     (1) The absence of statistical data or reasonable evidence to show significant past

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discrimination, patterns of possible discrimination, and/or adverse impact on the protected classes;

     (2) The presence of at least one minority ranked among the three (3) persons standing

highest on the list of persons certified by the personnel administrator for the position in question;

     (3) The absence of any minorities on the appropriate eligibility list; or

     (4) Any instance in which the department or agency is subject to a contradictory or

inconsistent court order.

     (c) Supplemental certifications based on race or color as a protected class shall be made by

an appointing authority whenever:

     (1) The appointing authority shall make requisition to fill one or more positions included

in the appointing authority's affirmative action plan on file with the equal opportunity

administrator;

     (2) The equal opportunity administrator has made a written determination substantiating

that previous practices of the department and/or of the appointing authority with respect to the

filling of the position or positions have discriminated against minorities in contravention of any

provision of the Constitution of the United States or the Constitution of Rhode Island and

Providence Plantations, title VII of the federal Civil Rights Act of 1964 (42 U.S.C. 2000e) or any

other federal or state statute; and

     (3) Eligible minorities have passed an examination for the classification being recruited

and/or other list deemed appropriate by the personnel administrator.

     (d) At least seven (7) days prior to certifying names under this section, the appointing

authority shall post a notice of intention to do so in the offices of the personnel administrator and

of the equal opportunity administrator, and shall mail a copy of the notice to the applicable union,

if any, with instructions to post copies of the notice at all locations where persons whose names

may be certified under the provisions of this section may, if employed, be assigned.

     (e) In certifying names for appointment to a classification for which supplemental

certification is required, the personnel administrator shall include upon the applicable list the names

of six (6) persons certified pursuant to this section.

     36-4-37. Layoffs -- Preference for retention or reemployment.

     An appointing authority may lay off a classified employee whenever he or she deems it

necessary because of a material change in duties or organization, or shortage or stoppage of work

or funds. In every case of layoff, the appointing authority shall, before the effective date of the

layoff, give written notice of his or her action to the personnel administrator and the employee and

shall certify that consideration has been given to length and quality of service of all employees in

the affected class under his or her jurisdiction. No employee with full permanent status shall be laid

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off while probational, provisional, or temporary probationary employees are employed by the same

appointing authority in the same class of positions. No probationary employee shall be laid off

while provisional or temporary employees are employed by the same appointing authority in the

same class of positions. No provisional employee shall be laid off while temporary employees are

employed by the same appointing authority in the same class of positions. Nor shall any temporary

appointment be made to any position in the class by the appointing authority while any employee

who has been laid off by the appointing authority is available for certification from a reemployment

list. Any person who has held full permanent status and who has been laid off shall have his or her

name placed on the appropriate reemployment list.

     36-4-38. Dismissal.

     A classified employee with temporary status may be dismissed at the pleasure of an

appointing authority under the provisions of § 36-4-31. A classified employee with provisional or

probationary status may be dismissed for reasons relating to the employee's qualifications or for

the good of the service at any time during the probationary period, at the discretion of the appointing

authority. A classified employee with permanent status may be dismissed by an appointing

authority whenever he or she considers the good of the service to be served thereby, stated in

writing, with full and sufficient reason, and filed with the personnel administrator. Any removal or

separation of an employee from the classified service not otherwise provided for in this chapter

shall be deemed to be a dismissal. In every case of dismissal, the appointing authority shall on or

before the effective date thereof give written notice of this action and the reason therefor to the

employee and shall file a copy of the notice with the personnel administrator not later than three

(3) days after the effective date.

     36-4-40. Appeal from administrator to administrator of adjudication.

     Any person with provisional, probationary, or permanent status who feels aggrieved by an

action of the personnel administrator may, within ten (10) calendar days of the mailing of the notice

of that action, make a request in writing for an appeal hearing to the administrator of adjudication

for the department of administration, and be heard within fourteen (14) calendar days of receipt of

the appeal request.

     36-4-41. Appeal from administrator of adjudication to appeal board.

     Any person with provisional, probationary, or permanent status who feels aggrieved by a

decision of the administrator of adjudication may, within thirty (30) calendar days of the rendering

of a decision, request in writing for the personnel appeal board to review the decision or conduct a

public hearing. Within thirty (30) calendar days of the receipt of the request, the personnel appeal

board shall make a report of its findings and recommendations to the governor based upon the

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decisions of the administrator of adjudication or the testimony taken at a hearing. Copies of the

report shall be forwarded to the office of labor relations within the department of administration

and to the office of the administrator of adjudication. Within fifteen (15) calendar days of the receipt

of the report, the governor shall make his or her decision and so notify the appellant, the personnel

appeal board, administrator of adjudication, and the office of labor relations.

     36-4-42. Appeal from appointing authority to appeal board.

     Any state employee with provisional, probationary, or permanent status who feels

aggrieved by an action of an appointing authority resulting in a demotion, suspension, layoff, or

dismissal or by any personnel action which an appointing authority might take which causes the

person to believe that he or she had been discriminated against because of his or her race, sex, age,

disability, or his or her political or religious beliefs, may, within thirty (30) calendar days of the

mailing of the notice of that action, appeal in writing to the personnel appeal board for a review or

public hearing. Within thirty (30) days after conclusion of the hearing the personnel appeal board

shall render a decision and shall notify the affected employee and other interested parties of the

decision which may confirm or reduce the demotion, suspension, layoff, or dismissal of the

employee or may reinstate the employee and the board may order payment of part or all of the

salary to the employee for the period of time he or she was demoted, suspended, laid off, or

dismissed. The decision of the board shall be final and binding upon all parties concerned, and upon

the finding of the personnel administrator, or upon appeal, in favor of the employee, the employee

shall be forthwith returned to his or her office or position without loss of compensation, seniority,

or any other benefits he or she may have enjoyed, or under such terms as the appeal board shall

determine. The employee who is returned to his or her office or position by the appeal board

following a review or public hearing shall be granted by the state of Rhode Island counsel fees,

payable to his or her representative counsel, of fifty dollars ($50.00) for each day his or her counsel

is required to appear before the appeal board in the behalf of the aggrieved employee.

     36-4-46. Reports of changes in status of employees.

     Every appointment, transfer, promotion, dismissal, vacancy, change of salary rate, leave of

absence, absence from duty, and other temporary or permanent change in status of employees in

both the unclassified service and the classified service shall be reported to the personnel

administrator at such time, in such form, and together with such supporting or pertinent information

as the personnel rules shall prescribe.

     36-4-57. Compliance with federal standards.

     The provisions of this chapter, chapter 3 of this title, or of the personnel rules shall not

apply in each instance where it is contrary to merit standards established by the federal government

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or any agency of the state where compliance with the merit standards is a condition precedent to

the granting of federal funds to the state or any agency of the state. Pursuant to § 36-4-17, the

personnel administrator shall prepare an employment list for any classes of employees required to

maintain merit standards by federal law or regulations for grant-in-aid programs.

     SECTION 3. Sections 36-4-23.1, 36-4-28 and 36-4-31 of the General Laws in Chapter 36-

4 entitled "Merit System" are hereby repealed.

     36-4-23.1. Reemployment lists.

     Any person who holds full status in the classified service and resigns in good standing shall

be entitled to have his or her name placed on an appropriate reemployment list, provided that the

person so requests in writing within three (3) years of the date of his or her termination from the

state service. Any person with full status who has resigned and whose appointing authority has

failed to certify that he or she has resigned in good standing or any person with full status who has

been dismissed from the classified service may request in writing within three (3) years of the date

of his or her termination that his or her name be placed on the appropriate reemployment list and

the request may be granted at the discretion of the personnel administrator. Each name placed on a

reemployment list shall be stricken therefrom at the expiration of three (3) years from the official

termination date.

     36-4-28. Probationary period.

     All original appointments and promotional appointments to the classified service shall be

for a probationary period of six (6) months, during which time the appointment authority shall

report to the personnel administrator every sixty (60) days concerning the work of the employee

and at the expiration of the probationary period unless the appointing authority files with the

personnel administrator a statement in writing that the services of the employee during the

probationary period have not been satisfactory and that it is not desired that he or she be continued

in the service, he or she shall receive permanent status in this classification. Any employee may be

dismissed by the appointing authority during the probationary period for reasons relating to the

employee's qualifications or for the good of the service stated by the appointing authority in writing

and filed with the personnel administrator. The probationary period is further defined to be one

hundred and thirty (130) days worked in the classified position to which the person has been

appointed.

     36-4-31. Temporary appointment when no list available.

     (a) Whenever it is not possible to certify the required number of eligible persons for

appointment to a vacancy in the classified service because no appropriate list exists, the appointing

authority may nominate a person to the personnel administrator and if the nominee is found by the

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personnel administrator to have had experience and education that appear to qualify him or her for

the position and meets such other requirements as are established by this chapter and the personnel

rules, he or she may be temporarily appointed to fill the vacancy. All persons with temporary status

who have been or who shall be temporarily appointed to those vacancies shall serve at the pleasure

of the appointing authority or until removed in accordance with other provisions of this chapter.

The personnel administrator shall within one year of the appointment of the temporary appointee

establish an appropriate list. In the event the personnel administrator has failed or fails to establish

an appropriate list within one year of a temporary appointment, the temporary employee shall

become a provisional employee until a suitable list is established, at which time the appropriate

merit system laws, rules, and regulations shall apply.

     (1) Whenever any provisional employee who is serving in a competitive branch position

within the classified service completes five (5) consecutive years of satisfactory service, and the

personnel administrator has failed to establish a timely appropriate list as required by subsection

(a) during that time, that provisional employee shall be deemed to have qualified for his or her

position and shall be awarded permanent status, without the need of examination.

     (2) When an appropriate list is established for a position held by a temporary or provisional

appointee, the position shall be deemed to be vacant for the purposes of certification and

appointment, and no salary or other compensation shall be paid to any temporary or provisional

appointee for services in the position for more than fifteen (15) days after certification of at least

three (3) available eligibles from the appropriate list.

     (b) Any employee who holds temporary or provisional status for at least twelve (12)

consecutive months in the class in which he or she is serving and who takes the appropriate

examination for the position shall receive in addition to his or her test score five (5) additional

points for each year of state service, which shall be added to his or her test score; provided,

however, that in no case shall an employee receive credit for more than four (4) years of service.

An employee who holds temporary provisional status for at least twelve (12) consecutive months

in the class in which he or she is serving and is found to be reachable for certification to the position

he or she holds shall be appointed to the position unless the appointing authority certifies to the

personnel administrator that the individual's service has been unsatisfactory.

     SECTION 4. 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 -- DIVISION OF PERSONNEL

ADMINISTRATION

***

     This act would make numerous changes to the merit system.

     This act would take effect upon passage.

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