Chapter 388

2004 -- S 2656 SUBSTITUTE A

Enacted 07/05/04

A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - RHODE ISLAND HUMAN

RESOURCES INVESTMENT COUNCIL

Introduced By: Senators Walaska, Ruggerio, Alves, McCaffrey, and Paiva-Weed

Date Introduced: February 11, 2004

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.

      (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 unclassified pay plan

board. The unclassified pay plan board 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 within the coastal

resources management council.

     SECTION 2. Sections 42-102-1, 42-102-2, 42-102-3, 42-102-4 and 42-102-7 of the

General Laws in Chapter 42-102 entitled "Rhode Island Human Resource Investment Council"

are hereby amended to read as follows:

42-102-1. Establishment of council. -- There is established within the executive

department of labor and training a council to be known as "the Rhode Island human resource

investment council", hereinafter referred to as the "council", which replaces the workforce 2000

council. ,which shall be comprised of influential and dedicated leaders and shall have as its

purposes strategic planning for an evaluation and coordination of work force development efforts

in Rhode Island and support of innovative and state-of-the-practice initiatives and programs for

work development.

42-102-2. Composition of council. -- The (a) Effective until January 1, 2005, the

council shall be composed of twenty-seven (27) members of whom no less than one-third (1/3)

shall be women as follows:

      (1) One shall be appointed by the governor from the nongovernmental sector to serve as

chairperson of the council;

      (2) Eight (8) shall be appointed by the governor from the employer community, two (2)

of whom shall be from the nonprofit sector, and at least two (2) of whom must be women from

the following employer groups:

      (i) Two (2) from companies with fewer than twenty-five (25) employees;

      (ii) Two (2) from companies with twenty-five (25) to two hundred fifty (250) employees;

      (iii) Two (2) from companies with more than two hundred fifty (250) employees; and

      (iv) Two (2) from minority-owned companies;

      (3) Three (3) members from organized labor shall be appointed by the governor;

      (4) One member from a community-based organization representing minorities shall be

appointed by the governor;

      (5) One individual who serves as the chairperson of the governor's commission on

disabilities;

      (6) Six (6) individuals shall serve on the council by virtue of their respective positions as

chairpersons of the following organizations:

      (i) Three (3) individuals, who serve as chairpersons of their respective private industry

councils;

      (ii) One individual who serves as chairperson of the Rhode Island state apprenticeship

council; and

      (iii) One individual who serves as chairperson of the pathways to independence advisory

council;

      (7) The president of the senate and the speaker of the house shall appoint one individual

each from their respective chambers to become members of the council; and

      (8) The directors or commissioners of the following five (5) departments shall serve on

the council: employment and training, economic development, human services, elementary and

secondary education, and higher education.;

      (9) The executive director of the Rhode Island economic policy council shall serve on

the council.; and

(10) Any individual serving on the council as of June 1, 2004 shall remain on the council

until the new members are appointed and confirmed by the senate.

(b) Effective January 1, 2005, the council shall be composed of fifteen (15) members,

thirteen (13) members appointed by the governor, with the advice and consent of the senate, at

least four (4) of whom shall be women, at least three (3) of whom shall be from minority

communities, and at least one (1) of whom shall be a person with disabilities, as follows:

(1) One shall be appointed by the governor to serve as chairperson of the council;

(2) Six (6) shall be appointed by the governor from the employer community, in a manner

that is representative of employers of different sizes and sectors, including the nonprofit sector;

provided, however, that in the event that there is established a state workforce investment board

that is separate and distinct from the council, then one of the six (6) representatives of the

employer community shall be the chairperson of the state work force investment board, and if all

employer community appointments have been duly made and are filled, then the appointed

chairperson of the state workforce investment board shall be made with the next available

appointment of a representative of the employer community;

(3) Four (4) members from organized labor shall be appointed by the governor;

(4) Two (2) members from community-based organizations shall be appointed by the

governor;

(5) The president of the senate and the speaker of the house shall appoint one individual

each from their respective chambers to be members of the council.

(c) Transitional Provisions. The council as provided for in subsection (b) shall assume the

powers, duties and responsibilities set forth in this chapter, and the council as provided for in

subsection (a) above shall be terminated, and shall cease to exist and all the powers, duties, and

responsibilities of the council as provided for in subsection (a) above shall be transferred to the

council as provided in subsection (b) above; the governor may appoint persons serving on the

council as provided for in subsection (a) above to the council as provided for in subsection (b)

above, as provided for in subsection 42-102-4 (a), and may appoint an interim executive director

who shall serve until such time as an executive director is appointed in accordance with

subsection 42-102-3 (b). All rules, regulations, decisions, actions, and approvals taken by the

council as provided in subsection (a) above shall remain in full force and effect until superceded,

amended, revised, or rescinded by the council as provided for in subsection (b) above. The

present council will continue its duties and responsibilities until the new members of the council

are appointed and a number sufficient to satisfy a quorum are confirmed by the senate.

42-102-3. Officers. -- The director of the department of labor and training shall serve as

the executive director of the council. The director of the department of labor and training may

appoint a member of his or her staff to represent him or her in the capacity of executive director.

(a) The position of chairperson shall be unpaid and the individual that is appointed chairperson

shall serve a three (3) year term. The governor may reappoint the individual appointed

chairperson to serve another three (3) year term. The council shall elect from its own members a

vice-chairperson, who is authorized to preside over meetings in the absence of the chairperson. In

cases where the chairperson is unwilling and/or unable to perform his or her duties as chairperson

of the council, the executive director shall assume the responsibilities of the chairperson until the

time that the chairperson returns, or the governor appoints a replacement.

(b) Executive director. The council, in consultation with the governor, shall appoint an

executive director who shall serve at the pleasure of the council, provided that the executive

director’s initial engagement by the council shall be for a period of not more than three (3) years.

The position of executive director shall be in the unclassified service of the state and he or she

shall serve as the chief executive officer of the council.

42-102-4. Terms of office and voting. -- (a) Of the thirteen (13) nongovernmental

members appointed by the governor, seven (7) shall be appointed for a term of two (2) years, and

six (6) shall be appointed for three (3) years. After the initial appointments of those individuals

serving two (2) year terms, they or their successors shall be appointed to three (3) year terms. A

vacancy in the office of a member, other than by expiration of the member's term, shall be filled

in the same manner as the original appointment, but only for the remainder of the prevailing term.

Members whose terms expire may be reappointed. Individuals whose memberships are based on

their roles as chairpersons of specific councils shall serve for the duration of their term of office

in the function and organization they represent.

(b) Only members and authorized designees shall have the right to vote.

Only the following members shall be permitted to designate an individual to represent

them at council meetings:

(1) The directors or commissioners from the departments of labor and training, economic

development, human services, elementary and secondary education, and higher education;

(2) The executive director of the Rhode Island economic policy council;

(3) The chairperson of the Rhode Island state apprenticeship council; and

(4) The chairperson of the governor's commission on disabilities.

A majority of duly appointed members shall constitute a quorum, provided, however, that

at least six (6) members shall be necessary for quorum.

42-102-7. Authority. -- (a) The council shall have all authority necessary to fulfill its

responsibilities. The council shall adopt a mission statement, goals and objectives, policies, and a

biennial plan to accomplish the purposes of this chapter. The council shall have primary

responsibility to approve and certify all employment and training programs. To the extent that

there is a conflict between federal law and this section, federal law shall prevail.

      (b) The council shall develop policy and procedures whereby those entities not meeting

the goals and objectives of the council may be sanctioned. In addition, the council shall also:

      (1) Establish and publish standards for considering projects and awarding grants;

      (2) Provide ongoing evaluation of each project funded by the council;

      (3) Provide for fiscal and accounting controls to monitor and audit grants and awards;

and

      (4) Adopt by-laws consistent with this chapter. ,which bylaws shall include provisions

for the creation of an audit committee and a governance committee.

     SECTION 3. This act shall take effect upon passage.

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LC01911/SUB A

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