2019 -- H 5170

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LC000253

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO PUBLIC OFFICERS AND EMPLOYEES - MERIT SYSTEM

     Introduced By: Representatives Corvese, Ucci, Azzinaro, Phillips, and Canario

     Date Introduced: January 23, 2019

     Referred To: House Labor

     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 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 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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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PUBLIC OFFICERS AND EMPLOYEES - MERIT SYSTEM

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     This act would allow a provisional employee in classified service, who has satisfactorily

served in their position for more than five (5) consecutive years, to be deemed qualified to be

awarded permanent status in that position, without the need of examination.

     This act would take effect upon passage.

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