Title 36, Title 36 Officers and Employees

Each employment list shall remain in force until exhausted, until replaced, or combined with a more recently prepared list or until two (2) years from the date of its preparation.

The personnel administrator may use open continuous competitive tests to establish lists and fill vacancies in an agency or agencies where there is a continued shortage of available qualified persons or where there is a manifest imbalance of minorities (as currently defined in em…

(a)(1) Promotional examinations shall be conducted in the same manner as open competitive examinations subject to the following conditions: (i) A person is eligible for promotional examination provided the employee is currently employed in the classified, unclassified, or nonclas…

Any person in the classified service who holds permanent status and is laid off as a result of reorganization, abolishment of positions by reason of reduction of force due to lack of work or lack of funds shall be placed on the list in the order of length of service and appointme…

Any person who holds full status in the classified service and resigns in good standing shall be entitled to have his or her name placed on an appropriate reemployment list, provided that the person so requests in writing within three (3) years of the date of his or her terminati…

The personnel administrator may remove the name of any person from any list or lists who is physically so disabled as to be rendered unfit for performance of the required duties; or who is addicted to the use of narcotics or excessive use of intoxicating liquors; or who has been …

The preferred reemployment list shall have precedence over all other lists for the filling of vacancies of comparable or less comparable positions in state service until the list is exhausted. Vacancies in positions in the classified service shall be filled as far as practicable …

If the appointing authority has designated the employment list, the personnel administrator shall immediately certify all of the names. If any of the eligibles notifies the personnel administrator or appointing authority that he or she is unavailable for appointment, or if the pe…

(a) To eliminate the overall adverse impact of systemic barriers to the employment of minorities as a protected class, the office of personnel administration shall provide all appointing authorities the necessary flexibility to remedy the effects of systemic discriminatory practi…

An appointing authority or other person who shall procure the signing of a waiver or otherwise induce an eligible to withdraw his or her name through fraud, misrepresentation, duress, or promise shall be guilty of a misdemeanor.

All original appointments and promotional appointments to the classified service shall be for a probationary period of six (6) months, during which time the appointment authority shall report to the personnel administrator every sixty (60) days concerning the work of the employee…

Any promotional appointee who is dismissed from the position to which he or she was promoted during the probationary period or at the conclusion thereof by reason of the failure of the appointing authority to file a request for his or her continuance in the position shall be rest…

The classified service shall be divided into a competitive branch and a noncompetitive branch. The competitive branch shall consist of all positions in the classified service except those assigned to the noncompetitive branch as hereinafter provided.

(a)(1) Whenever it is not possible to certify the required number of eligible persons for appointment to a vacancy in the classified service because no appropriate list exists, the appointing authority may nominate a person to the personnel administrator and if the nominee is fou…

In case of emergency, an appointing authority may request an emergency appointment of any person to any position without regard to provisions of this chapter to carry on work that must be continued in the public interest, but no such emergency appointment shall continue for more …

Whenever in time of war a vacancy exists in any position in the classified service by reason of the position having been vacated by a person entering the armed forces of the United States or assigned to a position in a federal agency by action of the governor, the vacancy shall b…

An appointing authority may at any time transfer any classified employee under his or her jurisdiction from one position to another in the same class of position. In every such case the appointing authority shall give written notice of his or her action to the personnel administr…

(a) The director of the department of administration (the “director”) is hereby authorized to transfer any employee within the executive branch who is not covered by a collective bargaining unit as provided in chapter 11 of this title. Any employee may be transferred to a compara…

An appointing authority may demote a classified employee under his or her jurisdiction from a position in a class to a position in a lower class, subject to the personnel rules therefor prescribed. In every case the appointing authority shall give the personnel administrator and …

An appointing authority may, for disciplinary purposes, suspend a classified employee without pay for a period or periods not exceeding a total of thirty (30) days in any twelve (12) month period. In every case the appointing authority shall on or before the effective date of the…

An appointing authority may lay off a classified employee whenever he or she deems it necessary because of a material change in duties or organization, or shortage or stoppage of work or funds. In every case of layoff, the appointing authority shall, before the effective date of …

A classified employee with temporary status may be dismissed at the pleasure of an appointing authority under the provisions of § 36-4-31. A classified employee with provisional or probationary status may be dismissed for reasons relating to the employee’s qualifications or for t…

When an employee has become physically or mentally incapable of or unfit for the efficient performance of the duties of his or her position by reason of infirmities due to advanced age or other disability, it shall be the duty of the appointing authority to transfer the employee …

The noncompetitive branch shall include classes of positions that require the performance of routine, laboring, custodial, domestic tasks, or positions that are subject to continuing supervision. In addition to the foregoing, classes of positions that require licenses, certificat…

Any person with provisional, probationary, or permanent status who feels aggrieved by an action of the personnel administrator may, within ten (10) calendar days of the mailing of the notice of that action, make a request in writing for an appeal hearing to the administrator of a…

The administrator of adjudication or his or her designee shall hear all appeals from decisions of the personnel administrator as provided in this chapter and chapter 3 of this title. The administrator of adjudication shall hear such other appeal requests as may be provided by law…

(a) Immediately upon receipt of a written appeal request, the administrator of adjudication shall send a notice to all parties involved, pursuant to § 42-35-9. Hearings shall be held in an informal manner. However, the rules of evidence shall be followed whenever possible and a r…

Any person with provisional, probationary, or permanent status who feels aggrieved by a decision of the administrator of adjudication may, within thirty (30) calendar days of the rendering of a decision, request in writing for the personnel appeal board to review the decision or …

Any state employee with provisional, probationary, or permanent status who feels aggrieved by an action of an appointing authority resulting in a demotion, suspension, layoff, or dismissal or by any personnel action which an appointing authority might take which causes the person…

Conditions of service such as hours of work, attendance regulation, overtime, holidays, pay plan regulation, and leave regulation shall be prescribed by the personnel rules.

The personnel administrator shall cooperate with appointing authorities and other supervising officials in the conduct of employee training programs to the end that the quality of service rendered by persons in the classified service may be continually improved.

Every appointment, transfer, promotion, dismissal, vacancy, change of salary rate, leave of absence, absence from duty, and other temporary or permanent change in status of employees in both the unclassified service and the classified service shall be reported to the personnel ad…

The personnel administrator shall maintain a perpetual roster of all officers and employees in the unclassified and classified services and all persons from other departments or agencies of the state which receive funds from the state showing for each person the title of the posi…

All payrolls for the payment of a salary or other compensation for personal services shall contain the names of every person to be paid and shall be certified to the state controller by the appointing authority or his or her duly authorized agent to the effect that the persons na…

Any payment violating the provisions of the pay plan or the rules pertaining thereto, made to a person appointed or established in his or her position in a manner contrary to the provisions of this chapter, may be recovered from the appointing authority, or any officer or person …

No class of positions shall be assigned to the noncompetitive branch unless the assignment has been recommended by the personnel administrator, the director has held a public hearing thereon, has recommended the assignment to the governor, and the governor has approved the assign…

Except as provided in § 36-4-50.1, the determinations of eligibility for appointments, promotions, and demotions in and dismissals from the classified service shall be based solely upon merit, regardless of race, color, religion, sex, age, disability, country of origin, or ancest…

The personnel administrator in consultation with the equal employment opportunity administrator within the department of administration shall identify classes of positions within state government in which there exists a need for a particular linguistic background or skill. Servic…

(a) No member of the personnel appeal board shall seek the nomination of or be a candidate for any elective state office. (b) A classified employee, whose position is not fully funded through federal loans and/or grants, may seek the nomination of or be a candidate for elective s…

No classified employee shall during working hours engage to any extent in any form of partisan politics except that he or she may attend and vote at any party caucus, primary, or election held during working hours. Outside of working hours a classified employee may attend any par…

No classified employee or member of the personnel appeal board shall solicit contributions for nor shall he or she be solicited to contribute to any political party or campaign. Every officer, agent, clerk, or employee under the government of the state who may have charge or cont…

No person who is a candidate for nomination or for election for any elective office shall seek to influence the vote of any person by promising to use political influence in obtaining for that person an appointment or promotion in the classified service.

Any person violating any of the provisions of this chapter or chapter 3 of this title, or of the rules established in accordance with these chapters, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not more than five hundred dollars ($500) or b…

The provisions of this chapter, chapter 3 of this title, or of the personnel rules shall not apply in each instance where it is contrary to merit standards established by the federal government or any agency of the state where compliance with the merit standards is a condition pr…

The provisions of this chapter and chapter 3 of this title shall be severable, and if any of the provisions shall be held to be invalid, the decision of the court respecting the provision or provisions shall not affect the validity of any other provisions which can be given effec…

(a)(1) Every person who shall have twenty (20) years, not necessarily consecutive, of service credit, the credits having been earned in either the classified, nonclassified, or unclassified service of the state or a combination of both, shall be deemed to have acquired full statu…