2024 -- S 2755

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LC005530

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO PUBLIC OFFICERS AND EMPLOYEES -- MERIT SYSTEM

     Introduced By: Senators Quezada, Acosta, Mack, Zurier, Lauria, Tikoian, and Ujifusa

     Date Introduced: March 08, 2024

     Referred To: Senate Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 36-4-16.2 of the General Laws in Chapter 36-4 entitled "Merit

System" is hereby amended to read as follows:

     36-4-16.2. Duties and responsibilities of the department of administration.

     (a) It is the duty of the department of administration to maintain a pay plan for unclassified

employees of the state, including any rules and regulations that are necessary to implement and

complement the plan. In maintaining the pay plan, it will be the duty of the department of

administration to allocate all new unclassified positions to existing grades within the plan, and to

review at least once annually all existing unclassified positions and to reallocate those positions

within the pay plan as it deems proper. No new unclassified position shall be created or allocated

or reallocated to any grade within the plan unless state agency and department heads have been

afforded the opportunity to make recommendations regarding the proposed changes; provided

further, however that any unclassified position that has been vacant for more than twelve (12)

months shall be canceled and removed from the unclassified pay plan unless within that twelve

(12) months the person having supervisory authority over the position requests an extension, in

which case the department of administration may approve an extension of not more than twelve

(12) months; and provided further, that employees, appointing authorities, and the general public,

shall be afforded an opportunity at a public hearing to provide testimony, orally and in writing,

regarding the changes, prior to the department’s submission of recommendations to the governor.

It is further, provided that, the board of elections shall be assigned separate and distinct employment

positions under the pay plan for unclassified employees for the purpose of establishing positions

and salaries for the board of elections employees. The agenda for the public hearing shall include

a summary of the proposed changes. Hearings conducted pursuant to this section shall be subject

to the provisions of chapter 46 of title 42.

     (b) The department of administration, notwithstanding any provision to the contrary, shall

only have the authority to make recommendations to the governor. The governor shall approve and

adopt the plan with such changes as he or she may deem necessary. Following approval by the

governor, all unclassified pay plan changes shall be included in the normal budget process in the

appropriate section of the personnel supplement.

     (c) When the pay plan and regulations have been adopted they shall constitute the official

pay schedule for the positions in the unclassified service. Thereafter, no person in the unclassified

service shall be paid a salary that is greater than the maximum or less than the minimum rates fixed

by the approved pay plan and regulations or by amendments thereto, nor shall salary adjustments

for unclassified employees made by the department of administration during its review exceed two

(2) grades per year at the maximum of the grade; provided, however, that unclassified employees

shall be entitled to all monetary additives accorded other state employees, including, but not limited

to, longevity and incentive training awards.

     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 separate and distinct employment positions and salaries under the

unclassified pay plan for the board of elections employees.

     This act would take effect upon passage.

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