Title 39 — Public Officers and Employees
20 chapters · 458 sections in this title.
AS 39.25.010 Purpose of chapter.
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(a) It is the purpose of this chapter to establish a system of personnel administration based upon the merit principle and adapted to the requirements of the state to the end that persons best qualified to perform the functions of the state will be employed, and that an effective…
AS 39.25.020 Appointing authorities.
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(a) The authority to appoint to positions in the state service is as follows: (1) the legislature is the appointing authority for all officers and employees of the legislature and the legislative agencies, but the authority to make appointments may be delegated; (2) the governor …
AS 39.25.030 Division of personnel and board.
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There is established within the Department of Administration a division of personnel. There is established within the division of personnel a personnel board.
AS 39.25.040 Director of personnel.
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The head of the division of personnel is the director of personnel appointed by the commissioner of administration and responsible to the commissioner of administration for the execution of the duties and responsibilities imposed by this chapter and the rules adopted under this c…
AS 39.25.050 Powers and duties of director.
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(a) The director of personnel shall direct and supervise the administrative and technical activities of the division of personnel. In addition to the other duties imposed on the director, the director shall (1) administer this chapter and the personnel rules; (2) encourage and ex…
AS 39.25.060 Personnel board.
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(a) The personnel board is composed of three members appointed by the governor and confirmed by the legislature meeting in joint session. The term of office of a member is six years. A vacancy in an unexpired term shall be filled by appointment by the governor for the remainder o…
AS 39.25.070 Powers and duties of personnel board.
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In addition to the other duties imposed by this chapter, the personnel board shall (1) approve or disapprove amendments to the personnel rules in accordance with AS 39.25.140; (2) consider and act upon recommendations for the extension of the partially exempt service and the clas…
AS 39.25.080 Personnel records confidential; exceptions.
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Article 2. Coverage of Personnel. (a) State personnel records, including employment applications and examination and other assessment materials, are confidential and are not open to public inspection except as provided in this section. (b) The following information is available f…
AS 39.25.090 Coverage of chapter.
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This chapter and the rules adopted under it apply to all positions in (1) the classified service; and (2) the exempt and partially exempt service as specifically provided.
AS 39.25.100 Classified service.
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The classified service consists of all positions in the state service not included in the exempt service or in the partially exempt service.
AS 39.25.110 Exempt service.
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Unless otherwise provided by law, the following positions in the state service constitute the exempt service and are exempt from the provisions of this chapter and the rules adopted under it: (1) persons elected to public office by popular vote or appointed to fill vacancies in e…
AS 39.25.120 Partially exempt service.
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(a) Positions in the partially exempt service are included in the position classification plan established under this chapter and are compensated according to the pay plan under AS 39.27.011. (b) A person holding a position in the partially exempt service is not required to compl…
AS 39.25.130 Extension of partially exempt and classified services.
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Article 3. Personnel Rules. (a) The personnel board, upon written recommendation of the commissioner of administration, may extend the partially exempt service to include any position in the classified service that, in the judgment of the board, (1) involves principal responsibil…
AS 39.25.140 Amendment of personnel rules.
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(a) The director of personnel shall prepare and submit to the commissioner of administration any proposed amendments to the personnel rules for all positions and employees subject to this chapter. (b) The commissioner of administration shall review the amendments and submit them …
AS 39.25.150 Scope of the rules.
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The personnel rules must provide for (1) the preparation, maintenance, and revision, by the director of personnel, subject to approval of the commissioner of administration and the personnel board, of a position classification plan for all positions in the classified and partiall…
AS 39.25.153 Departmental personnel officers.
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(a) If a principal department of the executive branch has a personnel officer, the personnel officer shall be employed by and located within that department. (b) [Repealed, § 16 ch 111 SLA 2000.] (c) [Repealed, § 16 ch 111 SLA 2000.] (d) [Repealed, § 16 ch 111 SLA 2000.]
AS 39.25.155 Vocational substitution program.
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(a) It is the purpose of this section to establish a liberal system under which Alaskan residents not employed by the state who do not meet the minimum educational or experience criteria for state employment may demonstrate their abilities and achieve temporary or permanent state…
AS 39.25.157 Position descriptions.
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The division of personnel, in consultation with the appropriate department or agency, shall require the preparation of and shall maintain a position description for each position in the classified service. The position description shall describe the essential functions of the pos…
AS 39.25.158 Reemployment rights for injured state employees.
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(a) An injured employee is eligible for reemployment rights under this section if the employee requests to return to work for the state within 30 days after receipt of a release from a physician indicating that the employee is able to return to full or modified work. (b) After an…
AS 39.25.159 Employment preference for military, veterans, and their spouses and children.
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Article 4. Prohibitions. (a) A person who possesses the necessary qualifications for a position or job classification applied for under this chapter is entitled to an employment preference as follows: (1) in an assessment using numerical ratings, (A) points equal to five percent …
AS 39.25.160 Prohibitions generally.
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Article 5. Hearings. (a) A classified employee may not take an active part in the management of a political party above the precinct level. (b) A person may not give, render, pay, offer, solicit, or accept money, services, or other valuable thing in connection with securing or ma…
AS 39.25.170 Hearings and appeals upon dismissal, demotion, or suspension.
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(a) An employee in the classified service who is dismissed, demoted, or suspended for more than 30 working days in a 12-month period shall be notified in writing by the employer of the action and the reason for it and may be heard publicly by the personnel board and may be repres…
AS 39.25.175 Subpoena authority.
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A subpoena shall be issued at the request of a party to a proceeding begun under AS 39.25.170.
AS 39.25.176 Effect of failure to respond or obey.
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Article 6. Political Rights. (a) If a person refuses to respond to a subpoena issued under AS 39.25.175, or refuses to testify at a hearing authorized by AS 39.25.170, the personnel board may apply to the superior court for an order requiring the person to respond to the subpoena…
AS 39.25.178 Employee political rights.
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A state employee may (1) be a member of a national, state, or local political party; (2) take part in a political campaign; (3) express political opinions; however, while engaged on official business, a state employee may not display or distribute partisan political material; (4)…
AS 39.25.180 Status of present employees. [Repealed, § 78 ch 59 SLA 1982; § 20 ch 112 SLA 1982.]
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[Repealed or reserved.]
AS 39.25.181 [Renumbered as AS 39.25.990.]
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[Repealed or reserved.]
AS 39.25.190 [Renumbered as AS 39.25.910.]
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Article 7. Nonpermanent Employees.
AS 39.25.195 Appointment of nonpermanent employees.
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(a) An individual may not be appointed as a nonpermanent employee in the state service without prior written approval of the director except as an emergency employee. (b) An appointment to state service, except an emergency appointment, shall be made from the list of applicants q…
AS 39.25.196 Local hiring exception.
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(a) Notwithstanding the provisions of AS 39.25.195, a hiring department or agency may grant a preference to local residents in the appointment of nonpermanent employees or in the appointment of permanent employees to perform seasonal work assignments of 180 calendar days or less …
AS 39.25.197 Termination of nonpermanent employees.
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When the director determines that an employee has been appointed as a result of a false certification under AS 39.25.195, the director shall immediately notify the head of the affected department or agency in writing and the department or agency shall terminate the employee from …
AS 39.25.198 Civil liability.
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A person who makes a false certificate under AS 39.25.195 is personally liable in a civil action to an individual terminated under AS 39.25.197 for any resultant damages and for punitive damages of an amount not to exceed three times the gross monthly salary at which the nonperma…
AS 39.25.200 Definitions.
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In AS 39.25.195 — 39.25.200, (1) “certified” means signed by the head of a department or agency or by a responsible person designated by the head of a department or agency; (2) “director” means the director of the division of personnel; (3) “emergency employee” means an employee …
AS 39.25.210 [Renumbered as AS 39.25.900.]
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[Repealed or reserved.]
AS 39.25.220 [Renumbered as AS 39.25.995.]
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Article 8. General Provisions.
AS 39.25.900 Penalties.
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(a) A person who wilfully violates a provision of this chapter or of the personnel rules adopted under this chapter is guilty of a misdemeanor. (b) A state employee who is convicted of a misdemeanor under this chapter or the personnel rules adopted under this chapter immediately …
AS 39.25.910 Conflict with federal requirements.
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If any part of this chapter conflicts with federal requirements that are a condition precedent to the allocation of federal funds to the state, the conflicting part of this chapter is inoperative solely to the extent of the conflict and with respect to the agency directly affecte…
AS 39.25.990 Definitions.
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In this chapter, (1) “fraud” means for a person to knowingly (A) create or confirm another's false impression which the person does not believe to be true, including false impressions as to law or value and false impressions as to intention or other state of mind; (B) fail to cor…
AS 39.25.995 Short title.
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This chapter may be cited as the State Personnel Act.