Chapter 227
2008 -- H 7792
Enacted 07/05/08
A N A C T
RELATING
TO PUBLIC EMPLOYEES - MERIT SYSTEM
Introduced
By: Representative Jan Malik
Date
Introduced: February 26, 2008
It is enacted by the General Assembly as
follows:
SECTION 1. Section
36-4-2 of the General Laws in Chapter 36-4 entitled "Merit
System" is hereby amended to read as
follows:
36-4-2.
Positions in unclassified service. -- The classified service shall
comprise all
positions in the state service now existing or
hereinafter established, except the following specific
positions which with other positions heretofore
or hereinafter specifically exempted by legislative
act shall constitute the unclassified service:
(1) Officers and
legislators elected by popular vote and persons appointed to fill
vacancies in elective offices.
(2) Employees of
both houses of the general assembly.
(3) Officers,
secretaries, and employees of the office of the governor, office of the
lieutenant governor, department of state,
department of the attorney general, and the treasury
department.
(4) Members of
boards and commissions appointed by the governor, members of the
state board of elections and the appointees of
the board, members of the commission for human
rights and the employees of the commission, and
directors of departments.
(5) The following
specific offices:
(i) In the
department of administration: director, chief information officer;
(ii) In the department
of business regulation: director;
(iii) In the
department of elementary and secondary education: commissioner of
elementary and secondary education;
(iv) In the
department of higher education: commissioner of higher education;
(v) In the
department of health: director;
(vi) In the
department of labor and training: director, administrative assistant,
administrator of the labor board and legal
counsel to the labor board;
(vii) In the
department of environmental management: director;
(viii) In the
department of transportation: director;
(ix) In the
department of human services: director;
(x) In the state
properties committee: secretary;
(xi) In the
workers' compensation court: judges, administrator, deputy administrator,
clerk, assistant clerk, clerk secretary;
(xii) In the
department of elderly affairs: director;
(xiii) In the
department of mental health, retardation, and hospitals: director;
(xiv) In the
department of corrections: director, assistant director
(institutions/operations), assistant director
(rehabilitative services), assistant director
(administration), and wardens;
(xv) In the
department of children, youth and families: director, one assistant director,
one associate director, and one executive
director;
(xvi) In the
public utilities commission: public utilities administrator;
(xvii) In the
water resources board: general manager;
(xviii) In the
human resources investment council: executive director.
(xix) In the
office of health and human services: secretary of health and human services.
(6) Chief of the
hoisting engineers, licensing division, and his or her employees;
executive director of the veterans memorial
building and his or her clerical employees.
(7) One
confidential stenographic secretary for each director of a department and each
board and commission appointed by the governor.
(8) Special counsel,
special prosecutors, regular and special assistants appointed by the
attorney general, the public defender and
employees of his or her office, and members of the
Rhode Island bar occupying a position in the
state service as legal counsel to any appointing
authority.
(9) The academic
and/or commercial teaching staffs of all state institution schools, with
the exception of those institutions under the
jurisdiction of the board of regents for elementary
and secondary education and the board of
governors for higher education.
(10) Members of
the military or naval forces, when entering or while engaged in the
military or naval service.
(11) Judges,
referees, receivers, clerks, assistant clerks, and clerical assistants of the
supreme, superior, family, and district courts,
the traffic tribunal, jurors and any persons
appointed by any court.
(12) Election
officials and employees.
(13)
Administrator, executive high sheriff, sheriffs, chief deputy sheriffs, deputy
sheriffs,
and other employees of the sheriff's division
within the department of administration and security
officers of the traffic tribunal.
(14) Patient or
inmate help in state charitable, penal, and correctional institutions and
religious instructors of these institutions and
student nurses in training, residents in psychiatry in
training, and clinical clerks in temporary
training at the institute of mental health within the state
of Rhode Island medical center.
(15) (i) Persons
employed to make or conduct a temporary and special inquiry,
investigation, project or examination on behalf
of the legislature or a committee therefor, or on
behalf of any other agency of the state if the
inclusion of these persons in the unclassified service
is approved by the personnel administrator. The
personnel administrator shall notify the house
fiscal advisor and the senate fiscal advisor
whenever he or she approves the inclusion of a person
in the unclassified service.
(ii) The duration
of the appointment of a person, other than the persons enumerated in
this section, shall not exceed ninety (90) days
or until presented to the department of
administration. The department of administration
may extend the appointment another ninety (90)
days. In no event shall the appointment extend
beyond one hundred eighty (180) days.
(16) Members of
the division of state police.
(17) Executive
secretary of the Blackstone Valley district commission.
(18) Artist and
curator of state owned art objects.
(19) Mental
health advocate.
(20) Child
advocate.
(21) The position
of aquaculture coordinator and dredge coordinator marine
infrastructure specialist within the coastal
resources management council.
(22) Employees of
the office of the health insurance commissioner.
(23) In the
department of revenue: the director, secretary, attorney.
SECTION 2. This
act shall take effect upon passage.
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LC01678
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