2019 -- H 6211

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LC002536

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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 Filippi, Mattiello, Chippendale, Shekarchi, and
Nardone

     Date Introduced: June 12, 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. In

the event that the personnel administrator within the department of administration fails to

establish and administer any competitive test required by chapter 4 of title 36, for a period of

more than twelve (12) months from the time a position becomes vacant, there shall exist a hiring

freeze for all positions with the classification within that department, for which the competitive

test is required to be administered. Provided, however, any vacant position for which a hiring

freeze exists shall be permitted to be filled if the speaker of the house, president of the senate, and

the house and senate minority leaders unanimously agree in writing, that the position needs to be

filled for the health and safety of the general public. 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 create a hiring freeze for all state positions within a classification, for

which a competitive test is required, if no test is given within twelve (12) months of the vacancy.

It would allow the hiring freeze to be lifted and the position filled, by the unanimous written

agreement of the speaker, president and minority leaders of both the house and the senate,

indicating that the position needs to be filled for the health and safety of the general public.

     This act would take effect upon passage.

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