Public Officers and Employees

Merit System

SECTION 36-4-42

§ 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.

History of Section.
(P.L. 1952, ch. 2975, § 18; P.L. 1954, ch. 3324, § 1; P.L. 1955, ch. 3605, § 1; G.L. 1956, § 36-4-42; P.L. 1961, ch. 29, § 2; P.L. 1962, ch. 197, § 3; P.L. 1967, ch. 86, § 1; P.L. 1969, ch. 126, § 1; P.L. 1975, ch. 185, § 1; P.L. 1977, ch. 64, § 1; P.L. 1986, ch. 104, § 1; P.L. 1992, ch. 212, § 2; P.L. 1997, ch. 150, § 10.)