2025 -- H 5681

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LC001079

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

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A N   A C T

RELATING TO PUBLIC OFFICERS -- MERIT SYSTEM

     Introduced By: Representatives Chippendale, Finkelman, Fascia, Place, Newberry,
Nardone, Edwards, Paplauskas, Furtado, and Hull

     Date Introduced: February 26, 2025

     Referred To: House Labor

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 36-4-18 of the General Laws in Chapter 36-4 entitled "Merit System"

is hereby amended to read as follows:

     36-4-18. Competitive tests.

     (a) The competitive tests shall be designed to determine fairly the capacity of the persons

examined to perform the duties of the positions in the classes for which the lists are prepared. The

personnel administrator may waive the need for competitive testing to help fill temporary and

emergency positions. The competitive tests shall be open to applicants who are residents of the

state of Rhode Island; provided, that the personnel administrator may admit to competitive tests for

technical, professional, or unusual positions residents of other states. Any resident denied

admission to an examination on the grounds of insufficient qualifications as established in the class

specifications involved may, within five (5) calendar days of the mailing of the notices, appeal in

writing to the administrator of adjudication for a hearing or review of the denial. On the basis of

the review or hearing, the administrator of adjudication may direct the personnel administrator to

permit the appellant to take the examination. The tests may take into consideration elements of

character, education, aptitude, experience, knowledge, skill, personality, physical fitness,

professional license, or specialized training, and other pertinent matters, and may be written, oral,

physical, or in the form of demonstration of skill, or any combination of these types. Public notice

of every test shall be given in the manner prescribed by the personnel rules.

     (b) Exam studying and preparation materials shall be made available to all test takers. The

competitive test shall be available in Spanish and Portuguese.

     (c) Persons having a legitimate and proper interest in examination questions used in

connection with any examination shall be freely allowed to inspect the questions, when all phases

of the examination in which the questions were used have been completed under such conditions

as shall be specified in the personnel rules. The final earned rating of each person competing in any

test shall be determined by the weighted average of the earned rating on all phases of the test

according to weights for each phase established by the personnel administrator in advance of the

giving of the tests and published as part of the announcement of the examination. However, the

personnel administrator may discontinue the examination process for any competitor when it has

been determined that the required minimum final earned rating cannot be attained. All persons

competing in any test shall be given written notice of their standing on any employment list or of

their failure to attain a place upon the list. The personnel administrator may as deemed appropriate

establish broadband examinations for a wide variety of entry and/or other levels of positions which

would not be ranked in the traditional manner. The examinations would be ranked only upon

certification to an appropriate vacancy and subject to conditions established in the personnel rules

and the provisions of §§ 36-4-4 and 36-4-7 shall not apply to any appointments which are in the

unclassified service. When an appropriate vacancy exists, the appointing authority will certify as

to the appropriate knowledge, skills, and abilities required for successful performance in a

particular position or positions. The personnel administrator will then proceed to rank all eligibles

who have qualified and possess the requisite knowledge, skills, and abilities.

     SECTION 2. Chapter 36-4 of the General Laws entitled "Merit System" is hereby amended

by adding thereto the following section:

     36-4-18.1. Personnel action requests.

     The personnel administrator shall streamline the processing of personnel action requests to

reduce the time in which they are addressed.

     SECTION 3. 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 -- MERIT SYSTEM

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     This act would authorize the personnel administrator to waive the need for competitive

tests to fill temporary and emergency positions. It would also require the State to make exams

studying and preparation material available to all test takers and that the competitive examination

would be printed in Spanish and Portuguese. This act would also require the streamlining of the

process of personnel action requests (PAR).

     This act would take effect upon passage.

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