2007 -- H 5216 SUBSTITUTE A
A N A C T
RELATING TO PUBLIC OFFICERS AND EMPLOYEES -- MERIT SYSTEM
Introduced By: Representatives Pacheco, Ucci, Church, Melo, and Kilmartin
Date Introduced: January 25, 2007
It is enacted by the General Assembly as follows:
SECTION 1. Sections 36-4-6 of the General Laws in Chapter 36-4 entitled "Merit
System" is hereby amended to read as follows:
36-4-6. Appointments to noncompetitive branch. -- Appointments to positions in the
noncompetitive branch shall be designated as "noncompetitive appointments", and shall be made
upon recommendation of the appointing authority and approval of the personnel administrator
subject to established requirements for
character and physical condition.
Persons appointed to these positions must be residents of the state
of Rhode Island.
SECTION 2. Section 36-4-30 of the General Laws in Chapter 36-4 entitled "Merit
System" is hereby repealed.
in classified position dependent on residence. -- (a) Any person
who has been appointed to a position in the
classified service in accordance with the provisions of this chapter shall retain, subject to the other
provisions of this chapter, the position only as long as he or she continues to maintain his or her
residence within the state of Rhode Island, and except for registered nurses from the states of
Massachusetts and Connecticut who shall be eligible for state employment in the classified service for two (2)
year periods at the Rhode Island veterans' home. (b) Where
written documentation is provided that recruitment to certain technical and professional positions cannot be achieved from
state residents, the director of administration may waive the residency requirement. (c) The
director may also set requirements for the length of the waiver. Waivers shall
not exceed one year and may be extended for
additional one year periods when written documentation is provided. (d) The
director may limit the waiver to selected position(s) in the classified
service. Persons employed in those positions shall not be
required to obtain residency with the state provided that employees remain employed in those
positions. (e) Persons
employed in positions where the state residency has been waived may be appointed to other competitive and
non-competitive positions in the classified service subject to the other provisions of this chapter. Upon
appointment, the employee must, within six (6) months of the appointment, establish his or her
principal residence and domicile within the state of Rhode Island and maintain his or her principal
residence and domicile throughout the period of employment as a state employee.
SECTION 3. This act shall take effect upon passage.