Title 4, STATE OFFICES AND ADMINISTRATION

Sec. 13. The state personnel department is established. As added by P.L.229-2011, SEC.56.

Sec. 14. (a) The governor shall appoint a director who is responsible for administering the department. (b) The director serves at the governor's pleasure. (c) The governor shall set the director's compensation. As added by P.L.229-2011, SEC.56.

Sec. 15. The director shall do the following: (1) Direct and supervise all administrative and technical activities of the department. (2) Survey the administrative organization and procedures, including personnel procedures, of all state agencies, and submit to the governor measu…

Sec. 16. The director shall appoint one (1) or more employees of the department as the director's deputies. As added by P.L.229-2011, SEC.56.

Sec. 17. (a) The director may employ such expert or special examiners as may be required for the conduct of tests for positions in the state civil service. (b) The director may select officers or employees in the state civil service to act as examiners in the preparation and rati…

Sec. 18. The department may do the following: (1) Acquire, lease, own, or sell property in the name of the state in order to carry out its responsibilities under this chapter. (2) Adopt a seal. (3) Contract with persons outside the department to do those things that in the direct…

Sec. 19. The director may adopt rules under IC 4-22-2 that the director considers necessary, appropriate, or desirable to carry out the department's responsibilities under this chapter. As added by P.L.229-2011, SEC.56.

Sec. 2. As used in this chapter, "appointing authority" means the head of a department, division, board, or commission, or an individual or group of individuals who have the power by law or by lawfully delegated authority to make appointments to positions in the state civil servi…

Sec. 20. The state civil service is divided into the following parts: (1) The state classified service. (2) The unclassified service. As added by P.L.229-2011, SEC.56.

Sec. 21. (a) Except as provided in subsection (b), the state classified service consists of positions in programs that have a federal statutory or regulatory requirement for the establishment and maintenance of personnel standards on a merit basis, including positions under the f…

Sec. 22. (a) The unclassified service consists of all offices and positions in the state civil service other than those in the state classified service. (b) The unclassified service is separate from the state classified service. (c) Except as expressly provided in this chapter, t…

Sec. 23. (a) An employee in the state classified service who has successfully completed a working test period may be dismissed, demoted, or suspended only for just cause, including cause under section 49 of this chapter. (b) A classified employee is entitled to appeal a dismissal…

Sec. 24. (a) An employee in the unclassified service is an employee at will and serves at the pleasure of the employee's appointing authority. (b) An employee in the unclassified service may be dismissed, demoted, disciplined, or transferred for any reason that does not contraven…

Sec. 25. Whenever a state agency or state institution is added to the classified part of the state civil service established by this chapter, an employee of the state agency or state institution who is in a position that is not subject to the classified provisions of this chapter…

Sec. 26. (a) The director, after consulting with appointing authorities and other qualified authorities, shall determine, or cause to be determined, the authority, duties, and responsibilities of all positions in the state civil service. (b) The director shall prepare a classific…

Sec. 27. (a) After consultation with the budget agency, the director shall prepare and recommend to the governor a pay plan for all employees holding positions for which compensation is not fixed by law. (b) The pay plan must provide, for each class of positions, a minimum and ma…

Sec. 27.5. Before a revision or adjustment to a pay plan developed under section 27 of this chapter for which all employees are generally eligible may take effect, the director shall submit the proposed pay plan revision or adjustment to the budget committee for review. The requi…

Sec. 28. (a) Classification titles or corresponding code numbers must be used to designate positions in all personnel, accounting, budget, appropriation, and financial records and communications of all state departments, institutions, and agencies. (b) A person may not be appoint…

Sec. 29. Vacancies in the state classified service may be filled only by a process approved by the director in accordance with the merit principles set forth in section 12 of this chapter. As added by P.L.229-2011, SEC.56.

Sec. 3. As used in this chapter, "class" or "class of positions" means a group of positions in the state civil service determined by the director to have sufficiently similar duties, authority, and responsibility such that: (1) the same qualifications may reasonably be required f…

Sec. 30. An application for employment may be rejected if the department determines that the applicant: (1) lacks any of the required qualifications; (2) is incapable of performing the essential functions of the position that the applicant is seeking; (3) has been convicted of a …

Sec. 31. (a) The director shall inform prospective applicants for state employment of the process for obtaining state employment. (b) The director may advertise or employ any other methods of publicizing opportunities for employment in state civil service. As added by P.L.229-201…

Sec. 32. (a) Former members of the armed forces of the United States who meet both of the following requirements shall receive a preference for appointment or reemployment in the state classified service: (1) The veteran served in any branch of the armed forces. (2) The veteran w…

Sec. 33. (a) As used in this section, "individual with a disability" means an individual: (1) with a physical or mental impairment that substantially limits one (1) or more of the major life activities of the individual; or (2) who: (A) has a record of; or (B) is regarded as; hav…

Sec. 34. (a) Every person appointed to a classification in the state classified service shall complete a working test period while occupying a position in the classification. The working test period begins immediately upon the person's appointment and continues until a time estab…

Sec. 35. (a) An appointing authority may at any time reassign an employee from one (1) position to another position in the same class or rank in the division of the service. The appointing authority shall, immediately after making the reassignment, give notice of the reassignment…

Sec. 36. (a) In cooperation with appointing authorities, the director shall establish, and may periodically amend: (1) the standards of performance for employees; (2) the expected outcomes for employees; and (3) a system of service ratings based upon the standards described in su…

Sec. 37. (a) An appointing authority shall report to the director each appointment, transfer, promotion, demotion, dismissal, change of salary rate, absence from duty, and other temporary or permanent change in the status of an employee in the appointing authority's division of t…

Sec. 38. (a) The director shall maintain a perpetual roster that includes at least the following information for each employee in the state civil service system: (1) Whether the employee is in the state classified service or the unclassified service. (2) The title of the position…

Sec. 39. Rules adopted by the department for state civil service employees must provide for the hours of work and leaves of absence. As added by P.L.229-2011, SEC.56.

Sec. 4. As used in this chapter, "classified employee" means an employee who: (1) has been appointed to a position in the state classified service; (2) has completed the working test period under section 34 of this chapter; and (3) has been certified by the appointing authority f…

Sec. 40. (a) An appointing authority has the authority to lay off or furlough employees or to reduce hours of employment for any of the following reasons: (1) Lack of funds. (2) A reduction in spending authorization. (3) Lack of work. (4) Efficiency. (b) The appointing authority …

Sec. 41. (a) As used in this section, "state seniority" means the length of an employee's unbroken, continuous state employment. (b) A former employee in the state civil service system has a right of recall to the classification from which the employee was laid off. Recall rights…

Sec. 42. (a) An employee in the state civil service system may file a complaint concerning the application of a law, rule, or policy to the complainant. However, a gubernatorial appointee does not have standing to file a complaint under this section. (b) A complaint filed under t…

Sec. 43. (a) An employee covered by this chapter: (1) is eligible for; (2) must participate in; and (3) receives the benefits of; the public employees' retirement fund under IC 5-10.2 and IC 5-10.3. (b) An employee holding an hourly, temporary, or intermittent appointment: (1) is…

Sec. 44. (a) An officer or employee implementing or administering this chapter may not consider the gender or the political, religious, or racial characteristics of a classified employee. (b) A classified employee may not be compelled to make political contributions or participat…

Sec. 45. (a) This section does not apply to precinct committeemen, state or national party convention delegates, or candidates for these party positions. (b) A classified employee who is elected to a federal or state public office is considered to have resigned from state service…

Sec. 46. A person may not: (1) make a false statement, certificate, mark, rating, or report in connection with an appointment under this chapter; or (2) commit or attempt to commit in any manner fraud that prevents the impartial implementation or administration of this chapter or…

Sec. 47. A person may not, directly or indirectly, give, render, pay, offer, solicit, or accept money, service, or other valuable consideration: (1) for, or in connection with, an appointment, a proposed appointment, a promotion, or a proposed promotion to; or (2) to obtain any a…

Sec. 48. (a) For the purpose of enforcing this chapter, the director and authorized employees of the department have authority to: (1) administer oaths; (2) conduct examinations; (3) subpoena witnesses; and (4) require: (A) the attendance of witnesses; and (B) the production of b…

Sec. 49. The refusal or failure of an employee in the state classified service to do any of the following is sufficient grounds for the employee's dismissal by the appointing authority: (1) The employee willfully refuses or fails to appear before: (A) a court or judge; (B) a legi…

Sec. 5. As used in this chapter, "commission" refers to the state employees appeals commission created by IC 4-15-1.5-1. As added by P.L.229-2011, SEC.56.

Sec. 50. The director may enter into an agreement with a political subdivision (as defined in IC 36-1-2-13) to furnish services related to or involving the administration of the political subdivision's personnel system. The agreement must provide for the reimbursement to the stat…

Sec. 51. This chapter may not be construed so as to result in the delay or stoppage of grants-in-aid to the state by agencies of the federal government. As added by P.L.229-2011, SEC.56.

Sec. 52. (a) Any reference or cross-reference to the state personnel department in the Indiana Code shall be treated after June 30, 2011, as a reference or cross-reference to the department. (b) Any reference or cross-reference to IC 4-15-1.8 or IC 4-15-2 shall be treated after J…

Sec. 53. The human resources management system established by this chapter shall be known as the state civil service system. As added by P.L.229-2011, SEC.56.