Chapter 266 |
2019 -- S 0728 Enacted 07/15/2019 |
A N A C T |
RELATING TO PUBLIC OFFICERS AND EMPLOYEES - MERIT SYSTEM |
Introduced By: Senators Ciccone, Lombardo, Lombardi, and McCaffrey |
Date Introduced: March 21, 2019 |
It is enacted by the General Assembly as follows: |
SECTION 1. Section 36-4-31 of the General Laws in Chapter 36-4 entitled "Merit |
System" is hereby amended to read as follows: |
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 personnel administrator to have had experience and education which 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) of this section during that time, that provisional employee shall be deemed to have qualified |
for their 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 2. This act shall take effect upon passage. |
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LC002157 |
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