1988 personnel rules with - rhode island
TRANSCRIPT
1988 Personnel Rules
WithADDENDUM
RULES &: REGULATIONSRULES &: REGULATIONSRULES & REGULATIONSRULES /& REGULATIONSRULES &: REGULATIONSRULES & REGULATIONSRULES /& REGULATIONS'RULES &: REGULATIONSRULES &: REGULATIONSRULES &: REGULATIONSRULES &: REGULATIONSRULES &: REGULATIONSRULES & REGULATIONSRULES & REGULATIONSRULES & REGULATIONSRULES & REGULATIONSRULES & REGULATIONSRULES & REGULATIONSRULES & REGULATIONSRULES &: REGULATIONSRULES & REGULATIONSRULES & REGULATIONSRULES & REGULATIONSRULES & REGULATIONSRULES &: REGULATIONSRULES & REGULATIONSRULES &. REGULATIONSRULES &. REGULATIONSRULES & REGULATIONSRULES & REGULATIONSRULES &. REGULATIONSRULES & REGULATIONSRULES" REGULATIONSRULES &. REGULATIONSRULES & REGULATIONSRULES. REGULATIONSRULES &. REGULATIONSRULES'" REGULATIOl'·
May, 1988
StAtoil ofR.HODE ISLAND
PERSONNELRULES &
REGULATIONS
THE
OFFICE OF
PERSONNEL
ADMINISTRAnON
FOREWORD
Chapters 3 and 4 of Title 36 of the General Laws of 1956, together, areknown as the State Merit System Act. Title 36-4-8 of this Act reads asfollows: "(1) The Personnel Administrator shall recommend such rulesas he may consider necessary, appropriate, or desirable to carry out theprovisions of this Chapter and Chapters 3 of this Title, and may fromtime to time recommend amendments thereto. When such rules oramendments are recommended by the Personnel Administrator, thedirector shall hold a public hearing thereon, and shall have the powerto approve.or reject the recommendations of the PersonnelAdmlnistrato'r wholly or in part or to modify them and approve themas so modified. Rules or amendments thereto which are approved bythe Director, shall be submitted to the Governor, who shall have powerto approve them with or without modification or to reject them. Suchrules or amendments thereto shall become effective when approvedby the Governor. Rules adopted under this section shall have the forceand effect of law."
It is the purpose of these rules to establish procedures for handlin!lpersonnel activities and transactions provided for in the "State MeritSystem Act" in such a manner as to insure that the controlling factor inmaking appointments to and discharges from the State service, indetermining promotions and demotions within the State service, andin doing all other things which in any way affect an employee orprospective employee of the state service will always be based on themerit and fitness of the person concerned without regard to personal,political or other factors not relating to true merit and fitness.
The Personnel Administrator shall promulgate, rescind or amendadministrative regulations deemed necessary for the interpretation orapplication of Hie Act and Rules or to establish procedures to befollowed in their application. Such regulations, when approved by theDirector shall be deemed to be the official policy of the State and shallbe binding upon all parties concerned.
TABLE OF CONTENTS
Page
AUTHORITy .
RULE I DEFINITIONS (listed Alphabetically). . . . . . . . . . . . . . . . . . . . . . . . . . . 2
RULE II CLASSIFICATION AND PAY PLAN............ 12
2.012.0112.0122.0132.0142.0152.016
2.022.0212.022
The Classification Plan .Content " .Scope of Class Specifications .Occasion for Allocations & Reallocations .Occasion for Allocations & Reallocations-Unclassified ServiceRevision of Class Specification .Reallocation to a Different Class .
The Pay Plan (Relates to Classified and Unclassified Service)Regulations Affecting Administration of .Salary Ranges - Positions .
12121212121313
131313
RULE III EXAMINATIONS.............................................. 14
3.013.011
3.012
3.023.021
3.033.0313.0323.0333.034
3.035
3.04
3.0413.0423.0433.0443.0453.046
Notice of Examinations .Announcement. .3.0111-3.0116Information Included on Announcement. .Publication .3.0121-3.0125 MannerofPublication .
Application for Examinations .Scope of Information Required on Application '.(Closing Date - Grace Period). .
Dis ualification of A Iicants .Occasion or Disquali ication " .Basis for Disqualification .Supplementary Information .Types of Disqualifications .3.0341-3.0348 Reason for Disqualification .Right of Appeal When Disqualified .
Conduct of Examinations .Policy Statement .
Anonymity of Candidates .Notification of Examination Results .Cancellation of Examination ~ .Breaking the Scores .Manifest Error .Availability for Certification .
1414141414
151515
15151516161617
1717
171717181818
3.053.051
3.063.0613.0623.063
Review of Examinations .Persons Eligible to Review .3.0511-3.0513 Conditions of Review .
Appeal from Results of Examinations .Appeal Procedure .Changes in Lists Resulting from Appeals .Further Rights of Appeal. '" .
Page
191919
19191919
3.07 Promotional Examinations & Additional Points. . . . . . . . . . . . 203.071 Conduct of Promotional Examinations. . . . . . . . . . . . . . . . . . . 20
A - D Eligibility Requirements for. . . . . . . . . . . . . . . . . . . . . . . . . 203.0711 Promotional Examination for Position Employee Occupies. . 203.072 Departmental or Division Examinations.. . . . . . .. . . . . .... . 203.073 Eligibility for Additional Points. . . . . . . . . . . . . . . . . . . . . . . . . . . 213.0731 Qualification for Bonus Points.,.............. 213.0732 Allocation of Bonus Points " '" . . . . .. .. 213.0733 Computation of Time - Unpaid Leaves. . . . . . . . . . . . . . . . . . . . 213.0734 Bonus Points Effective Date. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
3.08 Handicapped Persons-Special List of Eligibles. . . . . . . . . . . . . . 223.081 Eligibility Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
3.0811 Certification of Inability to Compete in Examination 223.0812 Certification of Ability to Perform in Classification. . 223.0813 Possession of Minimum Qualifications , 22
3.09 Compliance with Federal Standards. . . . . . . . . . . . . . . . . . . . . .. 223.091 Conduct of Examinations for Temporaries in Federally Grant
Aided Agencies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 22
RULE IV CERTIFICATION AND APPOINTMENT............................ 23
4.014.0114.012
4.013
4.0144.0154.0164.017
Certification 23Certification Procedure : . . . . . . . . . . . .. 23Definitions of Refusal/Non-Availability " 234.0121 Appeal for Reinstatement to Active List.. . . . . . . . . . .. 24Removal of Name(s) from all Lists as Defined in G.L.36-4-23,24,25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . .. 24Interview of Certified Eligibles. . . . . . . . . . . . . . . . . . . . . . . . . .. 24Time Limit on Certifications , 25Foreign Language " " . . . . .. . .. 25Certification of an Additional Name. . . . . . . . . . . . . . . . . . . . .. 25
Certification (Continued)
4.018 Effective Date of Lists .4.0181 Temporary Appointees .4.0182 Order of Replacement for Temporaries .4.0183 Certification from Handicapped List .4.01831 Appointment from Handicapped List .
Page
2626272727
4.024.021
4.02144.02154.02164.02174.02184.0219
4.02204.02204.0221
4.02224.02234.02244.02254.02264.02274.02284.02294.0230
4.034.031
4.044.0414.0424.0434.0444.045
4.054.051
Appointments .Appointments at Minimum Salary .4.0211-4.0213 Exceptions .Noncompetitive Appointments .Emergency Appointments .Appointments Above Minimum: Authorization .Out of Class Assignment .Residency/Domicile. " .Appointment: Statutory Service .
A ointments (Relates to Unclassified Service) .Exceptions Federal Standards) " .Mode of Appointments .a, b, c, d, e Specific Provisions .Publication .Applications for Vacancies .Place of Filing Applications : .Selection and Appointment .Certification of Qualified Applicants .Equal Employment Opportunity .Emergency Appointments '" .Reappointment at Same Salary .Appointment Above Pay Range Minimum .
Reclassifications .Salary and Service Credits .
Salary Increases .Eligibility and Conditions for - Classified Service .Eligibility and Conditions for - Unclassified Service .Effective Date .Pay Plan Changes - Classified Service .Pay Plan Changes - Unclassified Service .
Maintenance .Scope of Provision .
282828292929303032
32323232333333333434343434
3535
353536363636
3636
4.064.0614.0624.06214.06224.06234.06244.06254.06264.06274.063
4.074.0714.072
Page
Longevity Increases " . . . . . . . . . . . . . . . . . . . . . . . . . . . 37State Service Eligibility for Longevity. . . . . . . . . . . . . . . . . . . .. 37Formula for Longevity Increases. . . . . . . . . . . . . . . . . . . . . . . ... 37Definition of Gross Rate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 37Approval for Longevity Increases. . . . . . . . . . . . . . . . . . . . . . . .. 37Effect of Change in Position or Longevity Increases '" . . . .. 37Salary Range Changes 38Pay Plan Adjustments - Relates to Classified Service. . . . . . .. 38Pay Plan Adjustments - Relates to Unclassified Service..... , 38Establishment of Specific Salaries - Unclassified Pay Board.. 38Charge Duty Assignment 39
Shift Differential. 39Determination of Hours Eligible for Premium Pay 39Amount of Premium Pay. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
4.08
4.081 Curricula " '" '" .4.0811 Basic Courses '" .4.0812' Courses Approved in Advance .4.082 ·Incentive Awards .4.0821 Awards of Certificate .4.0822 One Step Pay Increment and Retention of Said Increment.4.0823 Restrictions as to Increment .4.0824 Increment - Flat Rate Salary
40
4040404040414141
RULEV WORKING CONDITIONS (Relates to Classified and UnclassifiedServices Unless Qualified by Individual Union Contracts).... _ 42
5.025.0215.0225.023
Hours of Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42Establishment of Work Weeks. . . . . . . . . . . . . . . . . . . . . . . . . . . 42a, b, c Definition of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 42Other Work Schedules " . . . .. 42Assignment to - Classified Service. . . . . . . . . . . . . . . . . . . . . . . . 42Assignment to - Unclassified Service ',' . . . . . . . . . . .. 43Fringe Benefits.. : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 43Meal Period................................... 43Coffee Break. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 43Minimum Pay for Emergency Work. . . . . . . . . . . . . . . . . . . . . . 43
Attendance ~ . . . . . . . . . .. 44Requirement for Pay. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 44Attendance Records " , . . . . . 44Non-Standard Category. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 44
5.035.0315.0311
Page
Overtime. 44Definition " 44Compensation for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
5.04 Holidays " 45
5.05 Special Time Off " 465.051 Granting of and Compensation for : " 46
5.06 Leave Regulations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
5.061 Annual Leave " 475.0611 Rights to .... , . . .. .. . .. . . .. . . . . .. . . .. . .. . . . . . . .. 475.0612 Rate of Accrual. " ' " . " 475.06121 Employees Hired Priorto December 28,1980 475.06122 Employees Hired After December 28,1980.............. 475.0613 Discharge of Vacation Leave Credits (With Exception
Provisions) 485.06131 Carry - Over.......................................... 485.06132 Frozen Balance........................................ 485.06133 Retention of Vacation Leave Credits - Non-Standard
Employee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 485.0614 Modified Vacation Accrual. . . .. . .. ... . .. .. . .. . . . . . 485.0615 Vacation Compensation Rights Upon Termination " . . 495.0616 Granting of Excess Vacation Leave Credits. . . . . . . . . . . . . . . 495.0617 Change of Position-Effect on Vacation Leave Credits. . . . . . 495.0618 Conditions for Full Vacation Leave Credit Accrual. . . .. . . . . 495.0619 Reporting and Recording of Vacation Leave (Including Non-
Standard Employees). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 495.06191 Manner of Discharge of Vacation Leave Credits. . . . . .. ... 495.06192 Hours Discharged in One Week. . . . . . . . . . . . . . . . . . . . . . . . 49
5.062 Sick Leave. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 505.0621 Eligibility for. . . .. .. . .. . . ..... . ..... . . . .. ..... . . . . .. . .. 505.0622 Rate of Accrual. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 505.06221 Maximum Accrual , ,. . . . . . .. .. . . .. . . . . . . . 50
5.0623 Definition of Sick Leave (Including Provisions for Illness andDeath in Immediate Family, Pregnancy and Physician'sCertificate). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
5.06231 Definition of Immediate Family , '" . . 51
5.0624 Reporting and Recording of Sick Leave. . . . . . . . . . . . . . . . . . . 51
5.0625 Conditions for Full Sick Leave Credit Accrual (Including Loanof Sick Leave in Advance of Accrual) '" " 51
5.0626 Compensation for Unused Sick Leave Credits. . . . . .. 51
Page
Sick Leave (Continued)
5.0627 Special Sick Leave " 525.06271 As Affected by Workers' Compensation (Including Applica-
tion of Annual Leave Credits) .. , . .. ... . . .. . . . . . . . . . . . . . . 525.06272 As Affected by X-Ray Exposure or Other Unusual Employ-
ment Hazards 525.0628 Nonchargeable Absences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 535.06281 Death in the Family 535.06282 Personal Leave. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
5.06283 Administrative Leave (Special Time Off) . . . . . . . . . . . . . . . . . 54
5.0635.06315.06325.06335.06345.0635
Military Leave " 55Definition of and Eligibility for " 55Salary Paid " 55Provision for Sick and Annual Leave Credit Accrual. " 55Conditions of Eligibility for Salary and Longevity Increases.. 55Conditions of Entitlement on Return from Military Leave(Including Carry-Over of Annual and Sick Leave CreditsAccrued). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
5.064
5.0663
5.06645.0665
5.0665.06615.0662
565.0641 56
5656
5.065 Jury Leave. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 565.0651 Granting of Leave of Absence and Salary Allowance. . . . . . 56
Leave Without Pay. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. 57Types of Leave 57Return from Leave (Including Dismissal and Extensionof Leave Provisions). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 58Effect on Probationary Period (Relates to ClassifiedService Only). . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 58Conditions for Granting Salary and Longevity Increases. . . . 58Provisions for Attendance at a Personnel Appeal BoardHearing............................................... 58
5.07 Benefits . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 595.071 Health Benefits .... _. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
5.08 Layoffs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 595.081 Procedures Used in a Departmental Layoff ; 59
Page
RULE VI GENERAL PROVISIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 60
6.01
6.026.0216.0226,023
6.03
6.04
6.05
6.06
Physical Examinations .
Conduct of EmWOyees .Paid Leave Aut orization .Administrative Leave With Pay .Expiration of Administrative Leave " .
Demotions .
Resignations .
A Iication: (CS·14 New Hires and Transfers to OtherPositions .
Solicitation on State Premises .
60
60616161
62
62
63
63
RULE VII STATE AWARDS PROGRAM................................. 64
7.017.027.037.047.057.067.077.087.097.107.117.127.137.147.15
Scope and Purpose ...............•................... 64Statements of Policy 64Eligibility of Employees. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . 65Eligibility of Suggestions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 65Modification of Ideas. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66Interagency Referrals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66Duplicate Suggestions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66Group Suggestions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66Inventive Suggestions " " . .. . . . . . 67Time Limit on Awards Consideration. . . . . . . . . . . . . . . . . . . . 67State Awards Committee.... . . . . .. . .. . . . . .. 67Agency Awards Committees. . . . . . . . . . . . . . . . .. . . . . . .. . . . . 68Division and Institutions Awards Committee. . . . . . . . . . . . . 69Awards............................................... 69Career Service Awards 70
RULE VIII HUMAN RESOURCE PUBLIC DOCUMENTS:SEX NEUTRAL LANGUAGE ... " ...... . .... ... ..... ..... 71
8.01 Neutral Language. . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. 718.02 Employee's Personnel File. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
RULE IX ORGANIZATIONAL CHARTS.. .. .. . .. .. .. . . . .. .. .. .. . .. .. .. . .. . 72
9.01 Filing of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
CERTIFICATIONState of Rhode Island
Department of Administration
We Bradford E. Southworth, Personnel Administrator of the Office of PersonnelAdministration and John J. Hogan, Chairman, of the Unclassified Pay Plan Board,certify the attached is a true and correct copy of the Classified and UnclassifiedPersonnel Rules as amended. These rules were adopted after a public hearing heldon April 25, 1988.
The purposes of these rules are to:
1) Promote economy and efficiency in state government through the recruitment,selection, employment, compensation, and advancement of employees, basedon their relative knowledge, abilities and skills, with consideration of experienceand longevity, including open consideration of qualified applicants for initialappointments.
2) Assure equal opportunity to applicants and employees in all aspects of personneladministration without regard to political affiliation, race, color, national origin,sex, age, marital status, mental or physical disability, or religious creed, and withproper regard for their privacy and constitutional rights.
3) Retain maximum authority and responsibility at the agency level for decisions toselect or to terminate employees and for other facets of personnel managementas may be consistent with the rule-making authority of the PersonnelAdministrator and the Chairman of the Unclassified Pay Plan Board for thedevelopment of uniform personnel administrative procedures.
4) Establish the necessary procedures to assure reasonably uniform and consistentpersonnel practices and provide a reliable basis for personnel cost projectionsand staffing patterns.
5) Encourage the retention and improved performance of employees in the state'sservice by establishing procedures, rules regulations, or guidelines regardingtraining, staff development, and career advancement.
6) Establish uniform systematic processes for Personnel Administration.
We further certify that all previous agency rules are superseded by the contents ofthis filing.
AFFIDAVIT OF PUBLICATION
The undersigned certifies the attached printed notice waspublished in the Providence Sunday Journal newspaper onesuccessive time the first insertion having been on the 3rd dayof April, 1988, and that said newspaper is recognized as theState newspaper with the largest circulation.
"iEGALNOTICE" LEGALNOTlCE
Debra A. JoOffice of Personnel 'A ministration
Department of Administration
AFFIDAVIT OF COMPLIANCE WITHADMINISTRATIVE PROCEDURES ACT
STAn: Of RHODE ISlAND ANDPROVIDENCE PLANTATIONS
DEPARTMENT OF ADMINISTRATION()f1ice of P$I'sonnei Administration
289 Promenade StreetProvidence, Rhod4l lal$nd 0290SNOTICE OF PU8UC HEARING
In" &eCOId:lnCe with And pUl'llLI$I'll to the ptovWonsof ths "Adminial1l1lNo Procedure. Act", lChaptltt42-35 cI tho Gono<s Law. of Rhoda IalMd "'"~..,.S4ction 42-36-31 a Maling wW be Midfa tho put~ of IIfI4Inding the PwSQl'U'lGd Ru/$8,and ruIet ;nd regut4tiona for conducting hearitlgaby/bGfOfO thO OC?f4UMflt of AdmiMtration.A heWing wilt be IleId on April 25. 1988 It 10:00tin il Room 313 Statl HQlJM. PrO\lidaoca. RhOda\$lend.
PlllUU Intereated LnlOf concacned with the abovementioned mattet, aUI invited to bo ptO$8flt a.odmay offet tutimonv 0( writtao atatement. at tNttim«!. tapiR of tho proposod rullt chlll9'" will beav~ Wl ths Office of P.,:&OMOI Admml1ationbotwt4ll the bout8 of 8:30 am end 4:00 pm.
BtadfOld E. SouthworthPiK\lOOl"II$I AdmWlttator
OOic. of Pt:rIClIWi'! AdminiIUllion\
I, Charles J. McCarthy, Administrator of Adjudication, certifythat the aattached is a true and correct copy of the ClassifiedPersonnel Rules as amended at a Public Hearing conducted onApril 25, 1988.
April 25, 1988
These rules were approved pursuant to R.I.G.L. 36-4-8 and the State Classified andUnclassified System Rules and Regulations dated May 16, 1988, as amended andpromulgated under provisions of Chapter 42-35 of the Rhode Island General Laws,Administrative Procedures Act.
2hdll~\~Edward'D. DiPrete
Governor
~k~,d 41~Frederick Lippitt
Director of Administration
6/
//) 1/.' \
//' 1/·;~,,:L /f!d/~~.~Richard M. WesselsAssociate Director
AUTHORITY
Statutory Authority
These rules are published in accordance with the provisions of RhodeIsland General Law 36-3-5, entitled "Powers and Duties ofAdministrator" .
A. Applicability:
These rules apply to all employees in Rhode Island StateGovernment, unless specifically exempt by statute or notauthorized by a respective governing body.
Branch of Service Governing Body
Classified
Unclassified,#oncl-a~ified
Exec. Branch: Governor and PersonnelAdministratorUnclassified Pay BoardBoard of Governors
B.
c.
D.
Agency heads are responsible for the application of these ruleswIthin their agency, and shall ensure that all employees complywith the provisions of these rules.
These rules shall not be construed as limiting in any way thepower and authority of any agency head to make rulesgoverning the conduct of departmental employees and theperformance of departmental functions, provided that suchdepartmental rules shall be consistent with and limited by theprovisions of these rules. In cases of conflict between these rulesand agency rules, State Personnel Rules shall prevail.
Collective Bargaining Agreements - These rules will not beinterpreted to conflict with the provisions of existing collectivebargaining agreements.
Management Authority:
Agency heads are responsible for organizing their agency's work andhave the authority to determine the need for creation of positions and
. in recommending to the Office of Personnel Administrationappropriate job specifications. The agency is responsible for creationand maintenance of job specifications for all positions in ·theirdepartment to insure job relatedness. The Office of PersonnelAdministration will review proposed specifications and properly assignclassifications. The agency head may delegate authority to desIgnatedrepresentatives for purposes of administering any portion of theserules.
Availability:
Each employee has the right to examine these rules. A copy isavailable for inspection in the State Office of PersonnelAdministration, the Office of the Secretary of State, and every agency.
1
APPOINTMENT: Various types of appointments include thefollowing:
(a) Emergenc:y -
An appointment made consistent with R.IG.L.36-4-32 for a specified time (generally 30working days) processed via a CS-16 to OPA tocover an unforeseen emergency.
(b) Intermittent-
An appointment to recurrent employmentwhich may be regular or irregular in structure asthe needs of the service require.
(c) Non-Competitive-
An appointment to a class not subject to anexam in accordance with personnel rules. (seenon-competitive appointment branch andposition definitions)
(d) Original-
An appointment from an established list. (Seeoriginal appointment definition)
(e) Permanent-
An appointment to a position without fiscal orpersonnel leave restrictions. Position may befull or part-time.
(f) Promotional-
An appointment to a position from thepromotional list.
2a
i"lI,
APPROPRIATE LIST:
(9) Re-employment-
An appointment made consistent with thegeneral laws and personnel rules covering thissection. These appointments cover preferredhires and rehires within 3 years fromtermination. (See re-employment list andpreferred reemployment list definitions and R.t.G.L) 36-4-23,24,25 &37 and 36-3-3(16)
(h) Statutory Service -
An appointment made to a position after 20years state service regardless of branch ofservice. (See statutory service definition)
(i) Temporary·
An appointment of a person subject toexamination. (See temporary appointmentdefinition)
means any employment list, promotional list orreemployment list or any combination' thereofwhich is declared appropriate by the PersonnelAdministrator for purposes of certification andappointment to a given position. Means anyperson whose name appears upon anemployment, reemployment or promotional listany who is available for appointment to a givenposition.
2b
ASSEMBLED. EXAMS: Applicants are physically gathered to participatein competitive or continuous examinationswhich measure job knowledge, aptitude orconsists of work samples.
AUTHORIZED AGENT: an individual given the authority to act onbehalf of his/her superior.
CERTifiCATION means the act of submitting the requirednumber of available names on an appropriatelist to an Appointing Authority for the purposeof making an appointment.
CIVIL SERVICE: Classified positions governed by civil serviceunder the Rhode Island General Laws of Title 36and rules and policies promulgated.
CIVIL SERVICE APPOINTMENT: An original classified service appointment or apromotional appointment made pursuant tothe provisions of the Civil Service law and rules.
CIVIL SERVICE EMPLOYEE: A person holding a Civil Service classifiedappointment.
CIVIL SERVICE LAW: Title 36 of the General Laws, primarily Chapters3 and 4.
CIVIL SERVICE LAW AND RULES: Title 36 of the Rhode Island General Laws (RIGL)and the rules promulgated pursuant to theAdministrative Procedures Act (RIGL 42-35).
3
COMPETITIVE EXAMINATION:
CONTINUOUS EXAMINATION:
DELEGATION:
DEMOTION:
DIRECTOR:
DISABLED VETERAN:
A competitive test held (from time to timewhenever the Personnel Administratordetermines the public convenience so requires)for original appointment and open to alleligible persons, as provided for in Rhode IslandGeneral Laws, Title 36, Chapters 3 and 4 and theRules.
On-going competitive tests held (from time totime whenever the Personnel Administratordetermines the public convenience so requires)for original appointment and open to alleligible persons in accordance with Rhode IslandGeneral Laws, Title 36.
The delegation of the administration ofpersonnel functions to selected staff oragencies.
means a change of an employee from a positionof one class to a position of another class forwhich a lower maximum rate of pay is provided.
means the Director of the Department ofAdministration.
Any war veteran who is an examinee and who iscertified by the veterans administration to bephysically disabled, as a result of a serviceconnected disability, with a disability rating ofzero per cent (0%) or more.
4
DISCHARGE:
DISMISSAL:
DOMICILE:
DUTY:
ELIGIBLE:
EMPLOYEE:
EMPLOYMENT LIST:
The permanent, involuntary separation of aperson from employment by an AppointingAuthority.
means separation of an employee from the stateservice other than by lay-off, resignation orretirement.
(1) the place of residence of an individual or afamily, (2) the place with which a person has asettled connection for determination .of his/hercivil status or other legal purposes because it isactually or legally his/her permanent andprincipal home.
A work activity, function, or mission recognizedby management as being a principalresponsibility of a position.
means any person whose name appears upon anemployment, reemployment or promotional listfor a given di,:;S.
Any person holding a position subject toappointment by an appointing authority.
means a list of names of persons arranged in theorder of their ratings who have been foundqualified through suitable tests, and who areentitled to have their names certified toAppointing Authorities for originalappointment under the provisions of the the actand these rules.
4a
ENTRANCE REQUIREMENTS:
EQUAL EMPLOYMENTOPPORTUNITY:
EXAMINATION:
FLEXTIME:
The prerequisites, otherwise known as minimumrequirements, which an applicant must satisfy tobe eligible to take an examination.
The removal of all barriers to employmentwhich unfairly discriminate against certaingroups of individuals. This applies to the areasof hiring, promotion, demotion, transfer,recruitment, layoff or termination, rate ofcompensation, inservice or apprenticeshipprograms, and all other terms and conditions ofemployment.
Civil service testing of employees or prospectiveemployees for positions in the classified service.Said testing is governed by federal and statemerit sytem principles, personnel rules andpolicies/procedures for examination. Types ofexams include:
'Assembled: * ll> Competitive *ll> Continuous *
Oral *Promotional *Unassembled *
* Refer directly to specific term.
A program that allows participating employeesto schedule their work hours on a daily basiswithin the guidelines and bandwidthestablished by their department. The numberof hours worked per weeks remains constant,but the daily amount of hours can vary withemployee selected starting and departing times.
5
HANDICAPPED LIST:
INACTIVE LiST:
INTERMITTENTEMPLOYMENT:
INVOLUNTARYRESIGNATION:
JOB:
means a list of names arranged in alphabeticalorder of handicapped persons certified by theDivision of Vocational Rehabilitation asphysically capable and adequately trained topeform the duties and responsibilities of aspecified class. Such persons may be appointedwith temporary status for five (5) months in lieuof competitive examination at which time theAppointing Authority must certify that theperformance of the individual so appointed hasbeen satisfactory and request that the individual
.be pl2ced in probational status.
means list of persons whose eligibility forcertification is temporarily suspended due towaiver, failure to reply to official notice, orother reason consistent with the act and rules.
means part-time employment, in which personson call for emergencies are employed during apeak load or rush period. Such employment isusually not scheduled for a full day or workweekand is restricted to situations where additionalemployees are required for short periods.
is a separation from State service by will of theAppointing Authority in accordance withprovisions of law.
A non-technical term for 'a set of duties andresponsibilities of a position or group ofpositions.
5a
JOB· ANALYSIS:
JOB GROUP:
LAY OFF:
LATERAL TRANSFER:
LIMITED PERIODAPPOINTMENT:
A systematic process for the examination anddetermination of:
(1) The nature, characteristics, functions, duties,activities or responsibilities of a job;
(2) The knowledge, skill or experience which isessential to have for its performance;
(3) The environmental conditions, safety,equipment, tools and related factors of thejob.
A unit of the general salary schedule whichincludes all classes in the position classificationplan which are sufficiently comparable in valueas regards duties and responsibilities,irrespective of the field of work of which theyform a part, so that the same salary range maybe made to apply to all classes in the same unitof the general salary schedule.
means an involuntary separation of anemployee from a position in the State serviceeither by reason of reduction of force due tolack of work or lack of funds or by reason of theabolishment of the position.
means a change of an employee from oneposition to another in the same class.
is either a temporary, original, or promotionalappointment of a person to a position for astated limited period oftime.
6
LIMITED PERIODPOSIT10N:
NON~COMPETITIVE
APPOINTMENT:
NON-COMPETITIVE BRANCH:
NON-COMPETITIVEPOSITION:
OCCUPATIONAL GROUP(OCCUPATION):
OPEN COMPETITIVEEXAMINATION
ORAL EXAMINATION:
means any position in the classified servicewhich is established for a stated period of time,whose duration is greater than fourteencalendar days, but not in excess of one year.
is the appointment of a person to a class ofposition assigned to the non-competitive branchof the classified service.
All offices or positions authorized by thePerlo;lnel Administrator for originalappointment by an appointing authoritywithout civil service examination but satisfy th'requirements for class specificatic- .
is a position which has been assigned to thenon-competitive branch of the classified service,
All positions within a given discipline or field ofwork (all positions that are similar in kind)regardless of level of responsibility.
means an examination which permits persons tocompete who meet the requirements of theofficial announcement and the appropriate classspecification but is not restricted to personscurrently employed by the State. Residencerequirements are sometimes waived as providedbylaw.
An oral panel evaluation of qualificationsspecified in the. recruitment announcement,which provides a better means of assessment fortraits, behaviors, etc, which a written test doesnot appropriately assess,
6a
ORIGINAL APPOINTMENT:
PART-TIME POSITION:
PAY PLAN:
PERFORMANCE APPRAISAL:
PERMANENT EMPLOYEE:
means the appointment by an AppointingAuthority of a person to a position in the StateService from an employment list.
means any position which is established with awork schedule having fewer hours than theofficial workweek to which the class is assigned.
means a schedule of salaries established for theseveral classes of positions recognized in theclassification plan so tht ail positions of a givenclass will be paid the same salary rate or rangeestablished for the class.
A report written on an employee within stateservice, resulting from the process of comparingan employee's performance againstpreestablished written performance standardsin order to arrive at a performance evaluation orrating.
A person who is employed in a civil serviceposition (1) following an original appointment,subject to serving of a probationary period asrequired by law, but otherwise withoutrestriction as to the duration of his/heremployment; or (2) following a promotionalappointment, without restriction as to theduration of his/her employment.
7
PERMANENT STATUS:
PERMANENT POSITION
POSITION:
POSITION CLASSIFICATION:
POSITIONRECLAS SIFICATION:
is the status acquired by an appointee,
(a) .when his/her Appointing Authority fileswith the Personnel Administrator astatement in writing that the services of theappointee during the requiredprobationary period have been satisfactoryand that it is desired that (s)he be continuedin the classified service.
Or,
(b) when, by the provisions of any general orpublic law (s)he shall be deemed to havereceived an original appointment to his/herposition and to have served theprobationary period.
means any position in the classified servicewhich is established without limiting itsduration.
means one or more duties and/or responsibilitiesassigned or delegated by an AppointingAuthority requiring the full-time or part-timeemployment of one position.
means the process of ascertaining, analyzing,and evaluating the current duties andresponsibilities of a position for the purpose ofdetermining the relative place in theClassification Plan.
means a second or a subsequent positionclassification.
7a
PREFERREDREEMPLOYMENT LIST:
PRIMARY SENIORITY:
PROBATIONARY PERIOD:
PROBATIONARY STATUS:
PROMOTIONALAPPOINTMENT:
PROMOTIONALEXAMINATION:
Any person in the classified service who holdspermanent status and is laid off as a result ofreorganization or abolishment of a position(s)shall be placed on said list in the order of lengthof service and appointment therefrom shall bein the same order. This list supersedes all otherclassified lists.
is the length of service within a class of position.
is a working test period and a part of theexamination process, following an original,promotional or noncompetitive appointment.during which an employee is required todemonstrate his/her fitness for the position towhich. (s)he is appointed by the satisfactoryperformance of the duties of said position. Suchprobationary period shall be for one hundredand thirty (130) days worked in a normal workschedule in the classified position to which theperson has been appointed.
is the status acquired by virtue of an original,promotional or noncompetitive appointment.
means the appointment by an AppointingAuthority of a person to a position in the stateservice from a Promotional List.
A competitive test which is open only to stateemployees in the classified, unclassified andnonclassified services who are employed at thetime of the first phase of adm'inistration of theexamination under conditions as specified inPersonnel Rule 3.071, General laws, Title 36.
8
PROMOTIONAL LIST:
PUBLIC HEARING:
PUBLIC PERSONNELROSTER:
RACE/ETHNIC GROUPS:
means a list of names of classified employees, arrangedin order of their ratings who have been found qualifiedthrough suitable tests for promotion to positions inhigher classes under the provisions of the act and theserules.
means a hearing, held after public notice of at least five(5) calendar days, at which interested persons mayappear and be heard on the matters involved.
A list of state employees in Rhode Island StateGovernment by departmental unit, arrangedalphabetically including all public information inaccordance with General Laws and Rules.
White:
Black:
Hispanic:
Asian orPacific Islander:
All persons having origins in any of theoriginal peoples of Europe, NorthAfrica, or the Middle East.
All persons having origins in any of theBlack racial groups of Africa.
All persons of Mexican, Puerto Rican,Cuban, Central or South Americanculture or origin.
All persons having origins in any of theoriginal peoples of the Far East,Southeast Asia, the IndianSubcontinent, or the Pacific Islands.This area includes, for example, China,Japan, Korea, the Philippine Islands,and Samoa.
American Indian orAfaskin Native: All persons having origins in any of the
original peoples of North America,and who maintain culturalidentification through tribalaffiliation or community recognition.
8a
REALLOCATION:
REEMPLOYMENT LIST:
REGISTER:
REGULAR PART-TIMEEMPLOYEE:
REINSTATEMENT:
means the action taken to place an existingposition into an appropriate class of positionbecause of a change in duties and/orresponsibilities of said existing position, orbecause of amendment of the ClassificationPlan, and officially assigning to that position theclass title for such appropriate class of position.
means a list of names of classified employeesarranged in the order as provided in the act andthe rules who have formerly occupied positionsin the classified service, who have beenseparated from the classified service and whoare entitled to have their names certified toAppointing Authorities under the provisions ofthe act and these rules.
A list of certified eligibles established by thePersonnel Administrator, pursuant to the CivilService law and rules, from which certificationsare made to Appointing Authorities to fill CivilService positions in the classified service.
A person who works a regularly scheduled workweek of at least half the hours of a full-timeemployee and who receives benefits proratedon the percentage of time worked.
The restoration of an employee to a positionpursuant to the Civil Service law and rules.
9
SEASONAL POSITION:
SECONDARY SENIORITY:
SENIORITY:
A position requIring the services of anincumbent, on either a full-time or less thanfull-time basis, beginning no earlier than Mayfirst and ending no later than Septemberthirtieth in any calendar year.is the length of service in which an employee hasworked in the next lower rated position in theclassification hierarchy.
Ranking based on length of service.
Primarv Senioritv
Secondarv Senioritv -
State Seniority
Bargaining UnitSeniority
Union Seniority
10
is the length of servicewithin a class ofposition.
is the length of service inwhich an employee hasworked in the nextprevious position.
is the length ofcontinuous service inwhich an employee hasworked for the State. Aleave of absence orabsences does notconstitute a break inservice.
Length of service servedin a subdivision(s} of amajor union recognizedby the State LaborRelations Board as abargaining unit.,categorized by EEnumber(s} assigned byState Labor RelationsBoard.
Length of service servedin a major unionrecognized by the Stateas a collectivebargaining agent underlaw.
SERVICE RATING:
STATE SENIORITY:
STATE SERVICE:
STATUTORY STATUS:
SUSPENSION:
TASKS:
TEMPORARYAPPOINTMENT:
means the periodical measurement or appraisalof an employee's worth or value to his/heremployer.
is the length of service in which an employee hasworked for the State.
All offices and positions of trust or employmentin the service ofthe state.
means to acquire full status in the position (s)heshall be holding at the time of obtaining 20years service credit not necessarily consecutive,in the classified, non-classified or unclassifiedservice, and for any other position (s)he maysubsequently hold, without examination.
A temporary involuntary separation of a personfrom employment by his appointing authority.
Official assignments for carrying out a specificduty. A task may be an entire duty or may bepart of a duty.
means the appointment of a person to aposition in the state classified service, for whichno list of available eligibles exists, until suchtime as a suitable list is established.
lOa
TEMPORARY STATUS: is the status of an appointee who has notacquired probationary status or permanentstatus in the position held. The PersonnelAdministrator shall within one (1) year of theappointment of such temporary appointeeestablish an appropriate list. In the event thePersonnel Administrator has failed or fails toestablish an appropriate list within one (1) yearof a temporary appointment, said temporaryappointee shall become a provisional employeeuntil a suitable list is established, at which timesaid provisional employee shall revert to atemporary employee. (For the.purpose of theserules" Provisional Status" as defined in Chapter197, ofthe Public Law of 1962 is included in thedefinitiol1 of "Temporary Status".)
TRANSFER: means a 'change of qn employee from oneposition to another regardless of class change.
UNASSEMBLED EXAMINATION: An evalu~tion of examination application andsupplemental applications which consists ofgrading an' applicant on the basis of his/hertraining and experience.
UNAUTHORIZED ABSENCE: An absence from work for a period of more thanfive (S) consecutive calendar days for which noproper notice has been given to the appointingauthority by the employee, or personauthorized to do so, and which may not becharged to vacation or sick leave allowance, orfor which no approval was given as provided forin.personnel Rules, 6.04 whiC;h absence shall bedeemed to be an abandonment of his/herposition and to be a permanent and voluntarysep,aration from the service. '
UNCLASSIFIED SERVICE: position within the unclassified service are thoseest;ablished by law, specifically GL 36-4-2 or asstated in other statutes pertinent to departmentorganization governed by the Unclassified PayPlan Board, and include positions of trust instate government excepting classified andnonclassified. Generally, i~ may include theemployees of elected officials, courts,independent agencies or PlIblic authorities andvarious positions of a policy making character.Rules are established for the unclassified servicewhich have the force and effect of law.
11
VOLUNTARY RESIGNATION:
WAR VETERANOR VETERAN:
WORKWEEK:
separation from state service by employee's ownvolition.
Any person, male or female, who was employedas an officer, member of the enlisted personnelor otherwise in the active military or navalservice of the United States or of any auxiliaryunit of such military or naval service, exceptcivilian employees during the Spanish AmericanWar, the philippine Insurrection, the ChinaRelief Expedition or at soine time during theperiod between April 6, 1917, and November 11,1918, or the period between December 7, 1941,and December 31, 1946, or who was engaged inthe active conduct of and/or fighting in theKorean Campaign (active conduct of an/orfighting in the Korean Campaign, shall meanservice by any man or women of the armedforces of the United States between June 27,1950, and January 31, 1955, inclusive), or theconflict in Viet Nam (active conduct of and/orfighting in the conflict in Viet Nam shall rheanservice by any man or women of the armedforces of the United States between August 5,1964, and May 7,1975, inclusive, and served forat least six (6) months and one (1) day; Provided,however, That such definition shall not includeany person who has been separated from suchemployment or service, except throughhonorable discharge, if the reason for suchseparation shall be deemed by the personneladministrator to be sufficient cause to denysuch inclusion.
shall mean a period of hours worked within aseven day period beginning on Sunday.
11a
2.01
2.011
2.012
2.013
RULE IICLASSIFICATION AND PAY PLAN
THE CLASSIFICATION PLAN
The Classification Plan shall consist of the approved classspecifications adopted for each class of position in the stateclassified service. Class specifications are intended to bedescriptive and explanatory and are not necessarily inclusiveor exclusive.
In determining the class of position to which a positionshould be allocated, or reallocated, the specification of eachclass shall be read as a whole. Consideration shall be givento the general and specific duties, responsibilities,qualifications required for appointment, and relationship toother classes, as together affording a description of the kindof employment that the class is intended to embrace orinclude. The use of a particular expression or illustration asto the duties and/or responsibilities shall not be held toexclude others not mentioned that are substantially similaras to the kind and level of difficulty and responsibility.
Whenever new positions are authorized and created,whenever the duties and responsibilities of existingpositions change, or whenever the Classification Plan isamended, the Personnel Administrator shall allocate orreallocate the affected positions.
2.014 (Relates to Unclassified Service)
Whenever new positions are authorized and created,whenever the duties and responsibilities of existingpositions change, or whenever the Classification Plan isamended, the Personnel Administrator shall allocate orreallocate the affected positions in the unclassified servicesubject to the approval of the Board and the Governor inaccordance with Title 36-4-16.2.
12
2.015 When a class specification is revised, the incumbents ofpositions in the class shall be employed in the revised classwith the same status held prior to the revision and if the payrange is changed in a concurrent action, the appropriaterate or step in the new range shall apply.
2.016 When an employee holds permanent status or is serving aprobationary period in a class of position and the position isreallocated to a different class of position, the PersonnelAdministrator may approve his/her employment in saiddifferent class of position with the status held in the formerclass if his/her name appears on a current list deemedappropriate by the Personnel Administrator, or if (s)hepasses a non-competitive examination of the same degreeof difficulty as an open competitive examination for saiddifferent class of position; otherwise the employee may beemployed in the said different class of position only withtemporary status, subject to the provisions of the Act andRules.
2.02 THE PAY PLAN· (Relates to Classified and Unclassified)
2.021 For the convenience of all concerned, the regulationsaffecting the administration of the Pay Plan have beenincluded in the appropriate sections of these rules.
2.022 The Personnel Rules for the classified and unclassifiedservice together with the pay plan establishe.d for theclassified and unclassified service with the intermediaterates established within the several salary ranges shall applyto all positions within said services with the exception of allpositions the salaries for which are so irrevocably fixed byspecific statute that they can only be changed by additionalle.gislation.
.13
RULE IIIEXAMINATIONS
3.01 NOTICE OF EXAMINATIONS
3.011 ANNOUNCEMENT The Personnel Administrator shallprepare oifi~ial announcements for
. open competitive and promoTIonalexaminations which shall include thefollowing information:
3.0111 The title, salary range, and a brief statement of the dutiesto be performed in the class to be examined.
3.0112 The opening and closing date of the application periodand place(s) where applications may be obtained.
3.0113 The relative weights assigned to the various phases of theexamination.
3.0114 The minimum required final earned rating.
3.0115 The requirements as to residence and citizenship.
3.0116 That accommodations will be made in the examinationprocess for those individuals having handicaps whichwould affect their ability to participate in theexamination process.
3.012 PUBLICATION .'The official announceme_nt of all. examinations shall be posted in the Officeof Personnel Administration. Officialannouncements of promotionalexaminations shall be posted in all stateagencies if the examination is statewideor in the department to which the,exa min atio n is lim ited. .9 ffjS:,Li!lan_n_Q.uncements of open competitIveexaminations shall be published in atleast one daily newspaper published inRhode Island, and may be forwarded forpu blication to:
3.0121 Other daily newspapers published in Rhode Island.
3.0122 Radio and television stations.
3.0123 Members of the Rhode Island legislature.
3.0124 The Rhode IslandState Employment Service.
3.0125 Any other appropriate officials or groups who haverequested such notification.
14
3.02
3.021
3.03
3.031
3.032
APPLICATION FOR EXAMINATIONS
All applications for examinations shall be made on formsprescribed by the Personnel Administrator and shallconstitute an integral part of every examination. On suchforms the Personnel Administrator may requireinformation as to the education, training and experienceof the applicant and such other information as (s)he maydeem pertinent. The Personnel Administrator mayrequire any applicant, for. any examination, to submitdocumented proof of the possession of any license,certificate, degree or other qualification claimed orrequired by law or these rules and may refuse credit forsuch claimed or required qualification in the absence ofsuch proof.
Claims made by applicants relative to citizenship,residence, preference as a war veteran or disabled warveteran, age, education, experience, or other evidence ofeligibility or qualification shall be subject to verification,by authentic proof thereof, under such regulations as thePersonnel Administrator may prescribe, and credit forsuch claims may be denied in the absence of such proof.
No application may be accepted after the close of theannounced filing period, except that the Director mayorder the acceptance of any application or informationsupplementary thereto received after the close of suchperiod and at least seven calendar days prior to theadministration of the first phase of the examination. Thisperiod shall be called the "grace period".
DISQUALIFICATION OF APPLICANTS
The Personnel Administrator may deny admission toexamination to any applicant, if the informationcontained in said application conclusively shows that theapplicant has failed to present evidence that (s)hepossesses sufficient qualifications to warrantexamination, as set forth in the specifications for the classof position(s).
Information as to education and experience as submittedin such application and subject to verification as providedin subsection 3.021 of this Rule shall be the major factorupon which the Personnel Administrator may reject oraccept the application of any applicant for admission toexamination.
15
3.0:n After an application has been filed, and the grace periodhas ended, no supplementary statement, explanation oradditional claim of qualification may be accepted orconsidered in any appeal from denial of admission to theexamination or from any examination ratings; except thatthe Personnel Administrator may request from theapplicant or any other source such information as (s)hedeems necessary to clarify or verify statements on claimsappearing in the original application and may accept allof such information or such part as (s)he deemsappropriate as part of the original application. Nothingin this rule shall be interpreted, however, to require thePersonnel Administrator to request such information, norshall his/her failure to do so constitute a grievance in anyinstance.
3.034 The Personnel Administrator may reject the application ofany person for admission to an examination, may refuseto examine an applicant; or after examination, mayremove his/her name from the promotional and/oremployment list, or may refuse to certify forappointment; or, following certification, may withdrawthe certification of any eligible: .
3.0341 Who is physically or mentally so disabled as to beincapable of proper performance of the required duties;
3.0342 Who is addicted to the use of narcotics or excessive use ofintoxicating liquors;
3.0343 Who has been found guilty of any infamous ornotoriously disgraceful conduct;
3.0344 Who has been dismissed from the state service fordelinquency, misconduct or other similar cause;
3.0345 Who has made false statement of material fact in his/herapplication;
3.0346 Whose conduct during an examination is deemed to beimproper;
3.0347 Who has otherwise violated the Act and these Rules.
16
3,(1348 Who falsifies or deceives the Office of PersonnelAdministration on material fact in the examinationapplication process or misrepresents a person in thecompetitive or non-competitive branch shall result indisqualification from examination and all otherexaminations for a period of 6 months. Subsequentoffenses as outlined above shall carry further !enaltybarring applicants from examination for a perio not toexceed one year or may include removal of employeefrom state service subject to hearing.
3.035 Any person who feels aggrieved by a decision of thePersonnel Administrator under this section may appeal tothe Administrator of Adjudication and to the PersonnelAppeal Board under the procedure defined in Titles 36-440 and 36-4-41 of the General laws of 1956, as amended,subject to such law and the Personnel Rules adoptedthereunder.
3.04 CONDUCT OF EXAMINATIONS
3.041
3.043
Policy Statement
Appointing Authorities or their duly authorizedrepresentatives shall be granted, at their request, theprivilege of reviewing proposed examination material toassure a proper relationship between the examinationand the classes of position(s) to be covered by theresulting Iist(s).
The Personnel Administrator shall make all reasonableefforts to preserve the anonymity of candidates. The useof identification numbers instead of names on all testpapers shall be required.
When an employment or promotional list is established,each candidate shall be notified by mail of his/her relativeposition on the employment or promotional list or his/herfailure to attain a place on said list.
If the Personnel Administrator is of the opinion that the. conditions under which any examination was held werenot such as to be fair to the candidates, the PersonnelAdministrator may order that the completed examinationor any part thereof be cancelled and that a newexamination be held.
17
3.044 Whenever two or more competitors have equal finalearned ratings, their names shall be arranged onemployment or promotional lists in the order of theirperformances in the written tests; provided, however,that when such arrangement fails to resolve a tie, theorder on the lists shall be the same as the order in whichtheir applications were time-stamped in the Office ofPersonnel Administration, or by seniority within the stateservice. Where practical, determination by seniority shallhave preference.
3.045 A manifest error in any examination, if called to theattention of the Personnel Administrator within tencalendar days after the establishment of a list resultingfrom such examination, shall be corrected by him/her.Person(s) affected by such correction shall be notified bymail.
3.046 Candidates are required to indicate their availability forcertification on the form provided for said purpose at thetime of the examination and are required to immediatelyinform the Office of Personnel Administration in writingof any change of availability.
18
REVIEW OF EXAMINATIONS
Any examinee, or his/her authorized representative,shallbe permitted to review the test papers of said examinee,and the score assigned thereto, under the followingconditions:
3.0511 All phases of the examination must have been completedand the list or lists established therefrom.
3.05
3.051
3.0512
3.0513
Written request for such review must be made to thePersonnel Administrator by the examinee or his/herauthorized representative wIthin five calendar days afterthe mailing of the official NOTICE OF EXAMINATIONRESULTS of said examination to him/her by said PersonnelAdministrator.
Such review shall be permitted only in the Office ofPersonnel Administration( during business hours, in thepresence of a person aesignated by the PersonnelAdministrator to assist in the review and to safeguardofficial records from addition, deletion, or otheralteration.
3.06
3.061
3.062
3.063
APPEAL FROM RESULTS OF EXAMINATIONS
Within five calendar days after the review of anexamination, as provided for in the previous section, orwithin ten calendar days after the mailing of the results ofan examination to said examinee by the PersonnelAdministrator, whichever date is later, an examinee whoconsiders himself/herself aggrieved by such results mayfile with the Administrator of Adjudication an appealfrom the score assigned him/her in said examination andbe heard at reasonable length thereon. Such appeal shallbe in writing and shall include a detailed statement of theitem(s) of tlie examination to which exception is taken bysaid examinee.
Any changes in lists resulting from procedures outlined inthe above or following sections sliall not invalidate anycertification or appointment previously made from saialists.
Any person who feels aggrieved by a decision of thePersonnel Administrator as a result of such appeal mayfurther appeal to the Administrator of Adiudication anato the Personnel Appeal Board under the proceduredefined in Titles 36-4-40 and 36-4-41 of the General Lawsof 1956, as amended.
19
3.07 PROMOTIONAL EXAMINATIONS AND ADDITIONALPOINTS
3.071 Promotional examinations shall be conducted in the samemanner as open competitive examinations subject to thefollowing conditions per 36-4-22. A person is eligible forpromotional examinations provided the employee iscurrently employed in the classified, un~lassified andnonclassified service as of the official closing date of theexamination announcement or twenty-one (21) calendardays prior to the administration of the first phase of theexamination, whichever is later, and meets one or more ofthe following requirements:
(a) any employee who holds or within three (3) years has heldpermanent status in the classified service; or
(b) any employee who is serving in a probationary period asof the official closing date of the examinationannouncement; or
(c) any employee who has served twelve (12) months servicein the classified, unclassified or nonclassified service. Inaddition, meets the minimum requirements established inthe class specifications. Promotion lists shall remain ineffect for a period of eight (8) years or until exhausted oruntil combined with or replaced by a more recentlyprepared list ..
(d) This section shall not apply to the Rhode Island StatePolice.
3.0711 An employee who is not otherwise eligible above shall beeligible to take the promotional examination for theposition the employee occupies.
3.072 Whenever the Personnel Administrator shall deem thebest interests of the state to be served thereby, (s)he mayconduct Promotional Examinations on an agency basis, inwhich case admission to such examination(s) shall berestricted to candidates who meet the foregoingrequirements and whose employment requirements shallbe met through service in the agency(s) designated in theANNOUNCEM ENT.
20
A state employee who holds temporary or provisionalstatus for at least twelve (12) consecutive months in theclassification for which the examination is announcedshall be eligible for additional points, provided theemployee has met the twelve (12) consecutive months ofservice requirement prior to the administration of the firstphase of the examination.
3.0731 The first phase of the examination shall be defined asfollows:
In the case of any on'e hundred percent (100%) writtenexamination or when a written examination componentis included in combination with another examinationmethod, the final date for qualifying for bonus pointsshall be considered the date of the administration of thewritten examination or written component; in the case ofexaminations consisting of one hundred percent (100%)oral ratings, the final date for qualifying for bonus pointsshall be considered the administration of the first oralexamination by the oral panel; in the case ofexaminations which have one hundred percent (100%)education and experience ratings, the final date forqualifying for bonus points shall be considered to be the'official closing date specified on the examinationannouncement.
3.0732 A state employee shall receive additional points for stateservice at the rate of five (5) points for each year to amaximum of twenty (20) points for four (4) years of stateservice. Additional points shall be added to the finalearned rating for the examination for the classification inwhich the employee is serving provided the employeesatisfies the provisions of 3.073. Points shall be proratedon a quarter year basis at the rate of 1.25 points perquarter.
3.0733 Twelve (12) consecutive months of service in theclassification for which the examination is announcedshall include time for all paid or unpaid leaves.
3.0734 All examinations in process that have not culminated in.an official list prior to July 1, 1985 shall be construed to beaffected by the passage of 36-4-31 as amended; and,therefore, all candidates who would be eligible under thelaw and these rules shall be awarded additional pointsprovided that they meet the requirements outlined abovein 3.073,3.0731,3.0732 and 3.0733 above.
21
3.08 HANDICAPPED PERSONS - SPECIAL LIST OF ELIGIBLES
3.081 Whenever the Personnel Administrator shall deem it inthe best interest(s) of the state, (s)he may prepare aHandicapped list of eligibles for appointments toposition(s) in the Classified Service. Qualifications forinclusion on "Handicapped lists" shall be subject to thefollowing conditions:
3.0811 Certification by the Division of Vocational Rehabilitationthat said individual is a severely handicapped personunable to compete in a standard examination for aparticular classification.
3.0812 Certification by the Division of Vocational Rehabilitationthat said individual is physically able and adequatelytrained to perform the duties and responsibilities of saidclassification.
3.0813 Subject individual must meet minimum qualifications forthe particular classification as detailed in the classspecification.
3.09 COMPLIANCE WITH FEDERAL STANDARDS
3.091 ' The following provisions are adopted to provide forcompliance with the Federal Standards for a Merit Systemof Personnel Administration by those agencies receivinggrants-in-aid under Federal statutes which requireapplication of personnel standards on a merit basis:
To the maximum extent possible, lists of eligiblesestablished through open competition will be maintainedfor those classes where vacancies can be anticipated.Since it may not be possible to fill all vacancies from suchlists. The Personnel Administrator will determine, as ofJune 30 and December 31 each year, the classes in whichtemporary employees are serving in the Federally grantaided agencies subject to the Federal Merit SystemStandards. (S)he will conduct an examination during the6-month period preceding the date the determinationwas made.
22
4.01
4.011
4.012
RULE IVCERTifiCATION AND APPOINTMENT
CERTIFICATION
The Office of Personnel Administration shall certify a listof eligibles, subject to reachability and availability criteria,for an interview by the Appointing Authority or designeefor the class of position for which the list was establishedor deemed !'IPpropriate. The certified eligible isresponsible for contacting the interviewing official asinstructed in the certification notice.
A A refusal for certification shall mean the refusal of ajob offer by the Appointing Authority/designee or thefailure to report for duty upon acceptance ofappointment.
B Non-availability shall refer to any of the followingcircumstances:
e Waiver of availability in writing at any time
111 Failure to respond to availability survey
111 Failure to respond to certification notice
111 Responded to certification notice stating nonavailability
It Eligible interviewed finds terms and conditions ofemployment, as described by interviewing official,unacceptable
• An eligible who has status in a permanent position ofequal or higher pay, unless employee requestsretention of name on list.
23
4.0121 In all instances of non-availability for or refusal of apermanent, unrestricted position as outlined in 4.012except waiver, eligibles will be placed on an inactive listfor a period of 6 months. If eligible wishes to have his/hername certified at the end of that period (s)he must notifythe Office of Personnel Administration in writing. In thecase of a waiver, an eligible may have his/her namereturned to the active list at any time by writing to theOffice of Personnel Administration.
If an eligible can show good cause why (s)he refused orwas non-available as outlined in 4.012 and wishesreinstatement to the active list during the 6 monthpenalty periop, (s)he may appeal to the Office ofPersonnel Administration, who may order restoration ofname to original rank on list. Reinstatement to a list canonly be made during the legal existance of the list.
4.013
(a)
(b)
(c)
(d)
(e)
(1)
4.014
Names shall be removed from the certification processbecause of:
evidence of conduct which indicates that the individualwould be unsuitable as defined in G.L. 36-4-24 or in otherstatutes and rules.
acceptance of permanent appointment for theclassifications.
falsification of recor-ds.
refusal of a job offer.
termination or retirement from state service, unlessspecifically requested by the employee to do otherwise.
evidence that an individual could not satisfactorilyperform the duties of the job.
All available eligibles certified by the Office of PersonnelAdministration shall be granted an interview unless theincumbent is certifiable and satisfactory to theAppointing Authority.
24
4.015
4.016
4.017
(Deleted in its entirety effective November 13,1983)
An Appointing Authority may request that certification be·restricted to those who possess the ability to read, write andspeak a foreign language, provided that said AppointingAuthority shall certify that said position requires as anintegral part of the job a specific level of fluency in a foreignlanguage in order to achieve satisfactory performance.
If the Personnel Administrator deems the request valid, theAdministrator shall order the certification of the top sixcandidates who shall have indicated that they have theability to read, write and speak in the appropriatelanguage. This Appointing Authority shall then convene apanel of three persons conversant with the jobrequirements and fluent in the language to screen thecertified applicants. The panel shall interview all personscertified to validate the level of proficiency possessed bythose persons certified by the Office of Person nelAdministration.
In the event that the panel determines that person(s) do notpossess an adequate level of proficiency, the AppointingAuthority shall request the Personnel Administrator todecertify person(s).
When an eligible who has been certified to an AppointingAuthority becomes legally ineligible for appointment, thatis as specified in 4.012 and 4.013, an additional name shallbe immediately certified to said Appointing Authority foran interview upon request of the agency.
25
4.018
4.0181 (A)
(1 )
(2)
(B)
The Personnel Administrator or designee shall establishlist(s) for specified classifications subsequentexamination In accordance with law. The date thePersonnel Administrator or designee signs the list(s) isthe official date of establishment of Iist(s). Upon listestablishment, the Personnel Administrator shallreplace temporary appointments, who are notreachable in accordance with G.L. 36-4-31.
Temporary appointees
who are incumbents in the class examined or for whicha list has been deemed appropriate, and
who are reachable; that is, in the "top" (6) forcertification from the appropriate list
shall be immediately certified by the Office of PersonnelAdministration from temporary to probationary statusto the respective department Appointing Authority.The Appointing Authority shall authorize appointmentfrom temporary to probationary, barring any "justcause" for dismissal, effective the date of certification.Each such temporary appointee shall be immediatelynotified that such certification has been made.
Where the Appointing Authority finds "just cause" fordismissal of the incumbent, then the AppointingAuthority may request additional available
lreachable
eligibles. The Personnel Administrator sha I certify inthis order in accordance with G.L. 36-4-25:
(1) Preferred Reemployment List
(2)* Promotional, Employment or ReemploymentList.
Selection of these lists are at the Appointing Authority'sdiscretion. An Appointing Authority may reguest namesfrom the Reemployment list, composed of former stateemployees with status for said classification who areeligible for reemployment 3 years from termination date.
If the reemployment list has insufficient eligibles, theOffice of Personnel Administration will certify additional
. names from the Promotional List unless the AppointingAuthority requests otherwise.
26
4.0182
(a)
(b)
(c)
(d)
4.0183
4.01831
Temporary appointees, who are not reachable forcertification, shall be replaced in the following order:
Those who did not apply for the examination in thereverse order of length of service;
Those who applied for the examination but did notappear for the examination in the reverse order oflength of service;
Those who did not pass the examination in order ofthe lowest score first;
Those who passed the examination in order of thelowest rank first.
Upon receipt of a request for a list of eligibles (eitherpromotional or employment) for appointment, thePersonnel Administrator will certify the list requestedand in addition certify all persons on the"Handicapped List.
Eligibles appointed from the "Handicapped List" willbe appointed in a temporary status for a period of five(5) months. Upon completion of the five (5) months,the Appointing Authority must signify intent tocontinue employment whereupon said employee willbe placed in a probationary status. Upon satisfactorycompletion of the probationary period, said employeeshall be granted permanent status.
27
4.02
4.021
APPOINTMENTS
Appointment" at Minimum Salary
All appointments to positions in the classified service shallbe made at the minimum salary applicable to the classwith the following exceptions:
4.0211 Upon recommendation of the Appointing Authorityconcerned, appointments of employees who leave oneclass of position to accept appointment in another may bemade at the existing salary of such employees, provided,however, that no appointment shall be made at any salaryhigher than the maximum of the range, except that theprovisions of subsection 4.0613 shall apply to longevityincreases. When under the provisions of this rule anexisting salary falls between two successive steps of thenew salary range, the appointment shall be made at thehigher step. However, upon recommendation of theAppointing Authority concerned, an employee wholeaves one class of position to accept appointment in ahigher class of position, may be appointed at the nearestsalary step of the new range which provides minimally fora salary adjustment which is equal to or greater than thedifference between the first and second steps of the newclass.
4.0212 Upon recommendation of the Appointing Authorityconcerned, appointments from reemployment lists maybe made at a salary which would place the emplo.yee inthe same position in the pay range that (s)he heldimmediately prior to his/her termination from the stategovernment; except that an employee presently in stateservice who is eligible for the reemployment list mayreturn to a former class of position at. his/her presentsalary but never higher than the maximum salary of thegrade for the class to which (s)he is being appointed.
4.0213' Original or promotional appointments of temporaryemployees who have qualified for their own positionsshall be made at the existing salaries of such temporaryemployees.
28
4.0214 Non-competitive appointments shall .be made uponrecommendation of the Appointing Authority andapproval of the Personnel Administrator, subject toestablished requirements for character, registration,certification, and/or licensure or physical condition as setforth in Title 36-4-6 of the General Laws of 1956, asamended. Appointees must maintain current and validlicensure or certification of registration as required byclass specification to be eligible for continuedemployment. Annually on the anniversary date of hire,employee must provide the Appointing Authority and thePersonnel Administrator with documentation ofcompliance. Failure to do so within 10 days of saidanniversary date will result in termination of service forjust cause.
A false or misleading statement of material fact in theapplication of any person for a position in the competitiveor non-competitive branch shall revoke anyrecommendation or approval accorded such application,and the Personnel Administrator may order theimmediate dismissal of an employee upon discovery ofsuch false or misleading statement in such application.
4.0215 Title 36-4-32 of the General Laws of 1956, as amended,defines emergency appointments as follows: In case ofemergency, an Appointing Authority may request anemergency appointment of any person to any positionwithout regard to provisions of this chapter to carryonwork that must be continued in the public interest but nosuch emergency appointment shall continue for morethan thirty (30) working days in a twelve-month periodnor shall successive emergency appointments .be made.Approvals for such appointments shall be requested inwriting in advance to the Personnel Administrator. Allsuch appointments must be approved by the PersonnelAdministrator and state Budget Officer.
4.0216 Appointments Above Minimum: Authorization
Wherever a critical shortage exists in recruiting qualifiedcandidates for specific classifications, the AppointingAuthority may request of the Personnel Administratorappointment at a salary above minimum, provided thatthe Appointing Authority presents sufficient proof ofrecruitment efforts and evidence for said shortage,Updated records of approved classes shall be maintainedby the Personnel Administrator.
29
4.0217 When an employee is required to work in a higher class ofposition for a period of eleven (11) consecutive days ormore, or for any number of days that may be stipulated ina particular union contract, such employee shall receivethe lowest salary rate of that higher class which willprovide a pay increase of at least one step over his/herpresent base rate retroactive to the first day of suchassignment.
4.0218 Residency/Domicile
Any person who has been appointed to a position in theclassified service must, within six months of saidappointment, establish his/her principal residence anddomicile within the State of Rhode Island and maintainsaid principal residence and domicile throughout theperiod of employment as a State employee.
Residency/Domicile for Classified Employee Purposes
(a) A person's residence for employment purposes is his/herfixed and established domicile. The determinant of one'sdomicile is that person's factual physical presence inRhode Island on a regular basis incorporating an intentionto reside for an indefinite period. This domicile is theplace to which, upon temporary absence, (s)he has theintention of returning. Once acquired, this domicilecontinues until another such domicile is established. Suchdomicile shall not be considered lost by reason of absencefor any of the following reasons:
1. Employment or service outside of the state intimatelyconnected with military operations or with the federalgovernment, including the spouse and dependents of anelector so employed;
2. Confinement in a correctional facility;
3. Being a patient in a hospital, convalescent home, nursinghome or rest home or like facility; or
4. Attendance as a student at an academic institution,including the spouse and dependents of an employeewho is such a student.
30
(b)
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
14.
The following may be considered prima facie evidence of aperson's residence for employment purposes:
Proof of qualification to vote as-Rhode Island resident ascertified by municipality.
The address furnished to the Registry of Motor Vehicles forthe employee's operator's license;
The address from which the employee's motor vehicle isregistered;
The address from which the employee filed his/her lastfederal income tax return;
The address from which the employee filed his/her last stateincome tax return;
The address furnished to the companies from which theemployee has obtained retail credit cards;
The address furnished to the financial institutions where theemployee maintains accounts;
The address furnished to the tax collector and/or assessor inthose communities where the employee owns taxable realor personal property for the purpose of notification tohim/her;
The address furnished to the insurance companies withwhich the employee maintains policies;
The address furnished to the employee's AppointingAuthority;
The address furnished by the employee to any business,professional, union or fraternal organizations of which (s)heIsa member;
. The address furnished to governmental agencies with whichthe employee has contact;
The address of a hospital, convalescent home, nursing homeor rest home or like facility at which the emp oyee has beena patient or resident for the preceding thIrty (30) days orlonger;
The address furnished to the United States Postal Service ona change of address form as verified by the United StatesPostal Service.
Evidence must satisfy Appointing Authority(s). Other formsof evidence must be approved by the PersonnelAdministrator.
31
4.0221
4.0220
4.0219 Appointment: Statutory Service
(a) In accordance with 36-4-59, the employee shall have beendeemed to have acquired full status in the position (s)heshall be holding at the time of obtaining such status or forany position (s)he may su bsequently hold, withoutexamination.
(b) . A person with statutory service must be reachable on anappropriate or designated list in order to be appointed toa classified position.
APPOINTMENTS (Relates to Unclassified Service)
All appointments to positions within the UnclassifiedService shall be made by Appointing Authorities or theGovernor in accordance with theJrovisions of the lawsgoverning such appointments an the Personnel Rulesadopted for the Unclassified Service which upon approvalof the Governor shall have the force and effect of lawaccept where in those agencies of State governmentcertain requirements ana standards of the FederalGovernment must be adhered to for the operation ofspecific programs. Such agencies shall be designated bythe Personnel Administrator for compliance with thefollowing regulations:
In such agencies, the following mode of appointments topositions in the Unclassified Service shall apply.
(a) Notice of Vacancies The Appointing Authority, with theapproval of the PersonnelAdministrator, shall prepareofficial notice of vacancies whichshall include the followinginformation:
(b) The title, salary range, and a brief statement of the dutiesto be performed by the class to which the position isassigned.
(e) The opening and closing date of the application periodand places where applications may be obtained.
(d) The minimum qualifications that are required forappointment to such positions including education andexperience.
(e) Any special requirements such as licensure in a specific·profession or trade, motor vehicle operator's license, etc.
32
4.0222
4.0223
4.0224
4.0225
Publication
Applicationsfor VacanCIes
Place of FilingApplications
Selection andAppointment
The official announcement of allvacancies shall be posted in the Office ofPersonnel Administration, the office ofthe employing agency, and other placesthat shall be aeemed appropriate. TheAppointing Authority shall further causesuch notice to be published in at leastone daily newspaper published in RhodeIsland, and may be forwarded forpublication in other public media.
Applications for such vacancies asdefined in this rule shall be made onforms prescribed by the PersonnelAdministrator ana may requireinformation as to the education,training and experience of the ap'plicantand such other information as (s)he maydeem lawful and pertinent.
Such applications shall be filed withthe Appointing Authority of the agencywherein the vacancy exists or as outlinedin notice on or before the time prescribedin the Notice of Vacancy.
Upon the determination of need to filla position or positions under theprovisions of these rules, the AppointingAuthority shall appoint a committee oftwo senior staff members of the agencywho are knowledgeable in the areawherein the position(y) exist togetherwith a representative designated by thePersonnel Administrator. Suchcommittee shall be charged withreviewing all applicants and preparing alist of tnose applicants that In theiropinion are qualified for appointment tosuch vacancies that shall eXist or hereafterexist in the class of positions in the agencyfor a period of one year.
This committee shall in the process ofreviewing such applicants for.appointment, employ such methods as'they. may deem necessary. The methodsusea may include, but are not limited tO Ireview of applicants' education anaexperience, conduct of oral interviews,and the use of subject matter experts forconsultation.
33
4.0226
4.0227
4.0228
4.0229
4.0230
Upon the completion of the selection process and thecertification of the committee of a list of qualifiedapplicants to the Appointing Authority, suchAppointing Authority shall make appointments tovacancies from this list in accordance with theprovisions of the Rules for the Unclassified Service ofthe State. .
Equal Emplovment opportunity
All agencies employing persons in the UnclassifiedService of the State will assure that all employees andapplicants for employment are provided equalemployment opportunity, without discrimination onthe basis of race, color, religion, sex, national origin, orage through a continuing affirmative action program.
Title 36-4-32 of the General Laws of 1956, as amended,limits emergency appointments to fourteen calendardays and prohibits successive emergency appointments.Therefore, persons appointed as emergency appointeesmay be continued in employment only in accordancewith the normal procedure established by the law andthe rules.
Upon recommendation of the Appointing Authorityconcerned, an employee who has terminated in theClassified or Unclassified Service may be appointed to aposition in his/her former service at a salary no less thanthe salary (s)he held prior to his/her termination,provided that the time elapsed between terminationand appointment shall not exceed three years andprovided that the salary at which appointment is madeshall not be above the maximum of the grade in which(s)he is appointed.
Upon written presentation of a department head that itis impossible to recruit to a vacancy at the minimum ofthe range, an Appointing Authority, with approval ofthe Personnel Administrator, may appoint at a stepother than the minimum of the pay range allocated tosuch vacancy.
34
4.03
4.031
4.04
4.041
RECLASSIFICATIONS
Whenever a p'osition is reallocated to a different class ofposition and the incumbent of the position so reallocated isto be employed in the said different class, his/her salary shallbe the minimum of the class or his/her existing salary,whichever is greater, provided, however, that such salarydoes not exceed the maximum salary of this said differentclass, except in the case of employees enjoying a longevityincrease in which case the provisions of subsection 4.0613shall apply, In cases of reclassification where there issubstantial evidence that the employee has beenperforming the duties of a new classification for aconsiderable period of time, the Appointing Authority mayrecommend, that special service credits De allowed theemployee for the period of service, . Provided, however,that such service credits shall be limited to a period not toexceed one year prior to the date of the receipt of theofficial request from the Appointing Authority for suchreclassification by the Office of Personnel Administration. Ifthis recommendation is approved by the PersonnelAdministrator, the employee shall be given such credit inthe pay range of the new classification for performance ofthe duties of the new classification as shall be determinedby the Personnel Administrator.
SALARY INCREASES
An employee appointed from an employment orpromotional list shall receive a one-step increase at thesatisfactory completion of the probationary period and shallreceive an additional one-step increase each year thereafteruntil (s}he has reached the maximum of hislher grade. 8nemployee with temporary status shall receive a one-stepincrease after six months of service in his/her classificationand shall receive an additional one-step increase each yearthereafter until (s}he has reached the maximum of his/hergrade. A chance in status from temporary to e-robatioflalau,,r:iruL."the_w't-~.'v m,.qnt.!-,!S of su~h ,elviee, J, hqJ,J]ot In any
. w;j,v affect the nr"nt'f'n or sdid ".'l1Cfh il"Jea,€', Eachi'ncrease-si,all require t"t:ap'p'rovai- or 'th-eV"ersonnelAdministrator as to the eligibility under the law and therules, Each step in the pay grade shall constitute a salaryIncrease, and no employee may be granted more than onesalary increase in the same year of service, except thoseincreases granted under Section 4.08. A year of service shallbe deemea to be 26 bi-weekly pay periods, Any temporaryemployee who fails to apply for an announced examinationfor the class to which his/her position is allocated or who,when notified to do so, fails to appear and participate insuch an examination shall not be eligible for a salaryincrease until (s}he has appeared for and participated in
. such an examination or for two years from the date of theestablishment of the list resulting from such requiredexamination, whichever date is the earlier.
35
4.042 Salary Increases (Relates to Unclassified Service)
This regulation contemplates the gradual advancement ofan employee from the minimum to the maximum of theappropriate range established within the Unclassified PayPlan. Salary and longevity increases shall be granted inaccordance with the law and the Rules and shall take effecton the first day of a biweekly pay period next following theanniversary date. Step increases shall be granted to newappointees after completion of six months of service, whichis construed to be 13 biweekly pay periods, and each yearthereafter until the maximum ofthe range is attained.
4.043 The effective date of salary increases shall be the start of thenew pay period next following the employees's anniversarydate.
4.044 Whenever a revision of the pay plan is proposed orauthorized, the Personnel AdmInistrator shall recommendto the Director of Administration appropriate regulationsfor the purpose of giving effect to such pay plan change.
4.045 (Relates to Unclassified Service)
Whenever a revision of the Unclassified Pay Plan is proposedor authorized, the Personnel Administrator shallrecommend to the Board appropriate regulations for thepurpose of giving effect to such pay plan change.
4.05 MAINTENANCE
4.051 The official Pay Plan shall be deemed' to provide fullcompensation for services rendered.
Meals, quarters or other maintenance privileges which maybe made available to employees shall be granted only afterrecommendation of the appropriate Appo.inting Authorityand approval by the Budget Officer, who shall be vestedwith authority to conduct reviews and order such revisionsor modifications as may be deemed to be in the bestinterests of the State and the employees. All presentmaintenance privileges shall remain in full force and effectuntil such time as a change may be made as provided above.
36
4.06
4.061
4.062
LONGEVITY INCREASES
Longevity is defined as total length of service with theState of Rhode Island not necessarily continuous. Incomputing length of service for longevity purposes all'full-time and part-time employment is to be counted.Emergency appointments are to be counted and workperformed by an individual under contract to the State isto be counted, State Representatives and Senators will begiven two years credit for each full term served and pages,doorkeepers and clerks of legislative committees will begiven 60 calendar days credit for each year served.Members of boards and commissions who are paid on adaily rate and individuals on a monthly payroll or studentsin assistance programs at the State Colleges receive nocredit toward longevity.
Each member shall be granted longevity increasesaccording to the following formula unless modified by aparticular union contract:
PERCENTAGE INCREASEON GROSS RATE
5%10%15%
17.5%20%
4.0621 Gross rate is the base rate as it appears in the pay gradeplus shift differential, charge duty and incentive awards.
4.0622 Longevity increases shall .receive the approval of thePersonnel Administrator as to elig.ibility under thePersonnel Rules.
4.0623 Changes in Positions--Effect on Longevity Increases
Whenever an employee is receiving a longevity increase(s)and thereafter is promoted, demoted, reclassified orotherwise lawfully established in a different class ofposition, this change shall in no way effect the longevityincrease which said employee is currently enjoying.
37
4.0624 Salary Range Changes
Whenever a class of positions is advanced from one range toanother, the salary of each employee in the classificationaffected shall be advanced to the corresponding step in thenew pay range. This action shall be called a pay planadjustment. It shall not be deemed to be a salary increase.
Employees enjoying the benefits of a longevity increase orincreases on the effective date of any pay plan adjustmentshall continue to have the benefit of their longevityincrease(s) recalculated on the new base rate for theclassification. Eligibility for future longevity increase(s) shallnot be impaired.
4.0625 Pay Plan Adjustments
Whenever a general revision of the Pay Plan is authorized,the necessary adjustments to implement such authorizationshall be made in accordance with procedures recommendedby the Personnel Administrator and approved by theDirector of Administration.
4.0626 Pay Plan Adjustment (Relates to Unclassified Service)
Whenever a general revision of the Unclassified Pay Plan isauthorized, the necessary adjustments to implement suchauthorization shall be made on a step basis between payranges or as otherwise indicated in the authorization.
4.0627 (Relates to Unclassified Service)
Salaries of Directors of State Departments, Judges of allState courts including Commissioners of Workers'Compensation shall be established by the Unclassified PayBoard as provided in Title 36-4-16.4 of the General Laws,1956, as amended.
38
4.063 Charge Duty Assignment
It is hereby provided that Appointing Authorities may. designate the duties of certain nurses' positions to be in
charge of other nurses and/or attendants, certain practicalnurses' positions to be in charge of other practical nursesand/or attendants, and certain attendants' to be in chargeof other attendants in a Ward or Unit, and certain powerplant engineers' positions of other power plant engineers ina Unit, and certain cooks' positions to be in charge of othercooks in the School Lunch Program. The persons holdingsuch positions shall be paid additional salary over and abovethe salary which such employee is receiving under the PayPlan, according to the following schedule:
Cook (School Lunch Program), when so designated shallreceive an additional 23~ per hour;
Institution Attendant when so designated, shall receive anadditional salary at the annual rate of $130.00; InstitutionAttendant (Psychiatric) and Institution Attendant (MentalRetardation), when so designated, shall receive additionalsalary at the annual rate of $195.00;
Licensed Practical Nurse and Correctional Officer-Hospital,when so designated, shall receive additional salary at theannual rate of $195.00;
Registered Nurse, when so designated, shall receiveadditional salary at the annual rate of $250.00;
Power Plant Engineer, when so designated, shall receiveadditional salary at the annual rate of $260.00.
The rates specified in this rule may be modified by aparticular union contract.
When such designations are made, or withdrawn, the Officeof Personnel Administration shall be duly notified onprescribed forms.
4.07 SHIFT DIFFERENTIAL
4.071 ElJ1ployees on any shift that starts on or after 3:00 pm andends on or before 8:00 am may be entitled to a shiftdifferential, however, employees whose scheduled hoursare 7:00 am to 3:00 pm or 8:00 am to 4:00 pm shall notreceive a shift differential for the 7:00 am to 8:00 am houror the 3:00 pm to 4:30 pm hour and one-half.
39
4.072
4.08
Purpose:
Objectives:
4.081
4.0811
4.0812
4.082
4.0821
All employees who are permanently assigned to worksixteen (16) or more hours of a forty (40) hourworkweek or fourteen (14) or more hours of a thirtyfive (35) hour workweek during the period defined in4.071, shall be compensated an additional forty cents(40~) an hour over the rate prescribed for theclassification in which their work is performed for allhours of the workweek; or they may be compensatedat a rate that is stipulated in a particular unioncontract.
INCENTIVE IN-SERVICE TRAINING PROGRAM
To encourage the development of the individual stateemployee and to improve the service of the State to itscitizens.
To familiarize employees of state government in theintricate functions of all the facets of government; tomake state employees more conscious of the workingof state government; to insure a broader knowledge ofeach department; to better evaluate their own jobs byusing the knowledge received in these courses inrelation to their own jobs; to improve employees'performance on the job by in-service training inspecialized and general basic areas of knowledges, skillsand abilities required in state employment.
Curricula to be established in accordance with thefollowing principles:
Training courses to be in the areas of knowledges, skills,and abilities required in the performance of the dutiesof the classification and the legal objectives andresponsibilities of the state agency to which theemployee is assigned.
All courses integral to this program must be approvedin advance by the Personnel Administrator or designee.
Incentive awards to be implemented in accordance withthe folloWing regulations:
A certificate to be awarded at the successful completionof each course.
40
4.0822
4.0823
4.0824
A one-step pay increment next above the current base step(or if the employee is at the maximum of the grade or has alongevity pay increase above the maximum of the grade, anincrement equal in amount to the last step in the pay grade)after the successful completion of a four-course curriculumto be effective on the beginning of the pay period nextafter the issue date of the certificate of completion by theTraining Section, Office of Personnel Administration. Saidincrement to be retained, separate and apart from anysalary or longevity increase that the employee may at thattime, or thereafter receive, restricted, however, to thelimitation contained in section 4.0823.
Each employee shall be eligible for only one such increment,under the Incentive In-Service Training Program, during thecourse of his/her employment with the State.
Employees who are paid on a flat rate schedule, uponsuccessful completion of a four (4) course curriculumapproved by the Office of Personnel Administration, inaccordance with 4.0822, shall be eligible for a pay incrementincrease, the Pay Plan shall be studied to determine thenearest comparable salary grade and the increment shall beequivalent to the last step in that pay grade.
41
RULE VWORKING CONDITIONS
5.01 HOURS OF WORK
5.011 There is hereby established three basic workweeks asfollows (a, and b may be modified by an individual unioncontract) :
(a) A 35 hour workweek (five 7 hour days)
(b) A 40 hour workweek (five 8 hour days)
(c) A non-standard workweek (an average of at least 35hours per week)
5.012 It is recognized that there are now other work schedulespeculiar to certain classes of positions and such exceptionsshall remain in full force and effect.
5.013 Guided by the policy herein set forth, the PersonnelAdministrator shall make such recommendations to theDirector as may be necessary to insure that each class ofposition(s) is assigned to a work schedule. The Directormay either approve this plan as submitted or makechanges therein. This plan and the established workschedule shall take effect upon order of the Director.When a new classification is approved by the Director andthe Governor, the Director shall establish the workschedule for that classification. Upon recommendation ofan Appointing Authority or the Personnel Administrator,the Director may transfer classes of positions or individualpositions from one category to another.
42
5.014
5.015
5.016
5.017
5.018
(Relates to Unclassified Service)
Guided by the policy hereih set forth, the PersonnelAdministrator shall make such recommendations to theBoard as may be necessary to insure that each class ofpositions is assigned to a work schedule. The Board mayeither approve this plan as submitted or make changestherein. This plan and the established work schedule shalltake effect upon order of the Board. When a newclassification is approved by the Board and the Governor,the Board shall establish the work schedule for thatclassification. Upon recommendation of an AppointingAuthority or the Personnel Administrator, the Board maytransfer classes of positions or individual positions fromone category to another.
Employees who work at least sixteen (16) hours a weekshall be entitled to accrue sick leave and annual leave on a.pro-rata basis.
All employees shall be granted a meal period of not lessthan one-half hour duration nor more than one hourduration during each work day to be determined by thework day schedule that applies.
Employees shall be granted a fifteen (15) minute coffeebreak during the first half and second half of their workday.
Employees who are called in to report for emergencywork after having left their place of employment andoutside their regularly scheduled work hours shall, receivenot less than four (4) hours pay at their overtime rate.
43
5.02
5.021
5.022
5.023
5.03
5.031
5.0311
ATIENDANCE
No employee in the classified service shall be paid unless(s)he is at work, or in accordance with the conditionsoutlined in the rules, is authorized to be absent therefrom.Every employee shall notify his/her Appointing Authority,whenever possible, of his/her failure to reportfor work andthe reason for such absence. Continued failure by anemployee to conform with the requirements of attendance(such as unauthorized absence or chronic tardiness) shall bereported to the Personnel Administrator and shall be madea part of the employee's service rating record and may besubject to disciplinary action by the Appointing Authority.
Each department or agency shall keep daily attendancerecords of classified employees and shall submit reports ofattendance to the Personnel Administrator in the form andon the dates (s)he shall specify.
Such reports of attendance shall not apply to employeeswhose positions are in the non-standard category.However, absence due to sick leave or annual leave for suchemployees shall be reported in accordance with subsections5.0619 and 5.0624.
OVERTIME
It is agrel!d that when it becomes necessary for the efficientconduct of the business of the State, an AppointingAuthority may direct or authorize overtime work. Overtimework shall be defined as the required performance of workin excess of the established workweek. Compensation forovertime work shall not be paid to employees in the nonstandard category.
Time and one-half shall be paid in each of the followinginstances: All work performed in excess of forty (40) hoursand, in those classes of positions in which it is applicable, allwork performed in excess of thirty-five (35) hours in anyweek.
44
5.04 HOLIDAYS
5.041 The following shall constitute the official holidays for stateemployees:
New Year's Day (1st day, January)Dr. Martin Luther King Jr. 's Birthdar (3rd Mon., January)Memorial Day (last Monday, MayIndependence Day (July 4) ,Victory Day (2nd Monday, August)Labor Day (1st Monday, September)Columbus Day (2nd Monday, October)Election Day (State Offices)Veterans Day (November 11)Thanksgiving Day (4th Thursday, November)Christmas Day (December 25), except when falls on
Sunday then December 26.
Any day which the Governorshall appoint as a holidayAny day which shall hereafter be appointed by the generalassembly to be a holiday
5.042
5.043
5.044
Every employee shall be entitled to time off with pay for theofficial holidays specified above, when such holidays fall onhis/her regularly scheduled work day(s) and shall be creditedwith the number of hours in his/her official work scheduleforthat day,
When a holiday falls on one of an' employee's regularlyscheduled days off (s)he shall be credited with the numberof hours for one day in his/her official work schedule. Thehours so credited for this day shall not be used in thecomputation of overtime,
Whenever an employee is required to work on a holidaywhich falls on his/her regularly scheduled work day, (s)heshall be credited with the numBer of hours in his/her officialwork schedule for that day plus the number of hoursactually worked. The hours actually worked shall becompensated at the rate of one and one-half times.
45
5.0441
5.045
5.046
5.05
5.051
When a non-standard employee is directed to work on aholiday (s)he shall be compensated for an additionalseven (7) hours at his/her total hourly rate.
Whenever an employee is required to work on a holidaywhich falls on one of his/her scheduled days off (s)he shallbe credited with the number of hours for one day inhis/her official work schedule plus the number of hoursactually worked. The hours actually worked shall becompensated at the rate of one and one-half times.
When a holiday falls on a regularly scheduled workdaywithin in an employees' vacation period, the employeeshall not be charged annual leave for his/her absence onthat date.
SPECIAL TIME OFF
Whenever it appears desirable, in the best interest of theState and its employees to allow collective absence fromduty, the Personnel Administrator may authorizeDepartment Director(s) to excuse employees at a statedtime, providing that enough employees remain on duty tomaintain contact with the public and carryon crucialwork. Employees who are required to work when otheremployees are so excused shall be paid their regular rateof pay and in addition shall be granted cash payment forthis service at the rate of one and one half times for thetime worked.
46
5.06
5.061
5.0611 (A)
(8)
(C)
(D)
(E)
LEAVE REGULATIONS
Annual Leave
The Employer has the right to schedule vacations.
Department/Agency heads shall require employees toplan their vacations ahead of time. Criteria fordetermining priorities in scheduling includesseniority, ranl< In the organization, and needs of theagency.
Appointing Authorities shall assign vacation leavewith justice and equity. .
Absences with pay for illness; vacation;administrative, military or jury duty leaves do notaffect vacation accrual.
Every employee shall be entitled to at least twosuccessive weeks of vacation during each accrual yearof service. Dependent on agency needs. theAppointing Authorit)' may require employees tostagger vacations or split their leave periods.
Should a question arise between employees as towhen vacation will be taken, managers shall attemptto resolve between the parties.
(1) Absent resolution between the parties,preference will be given to authorizeaemployee, or the party who received firstapproval, then to state seniority.
(2) For employees covered by bargainingagreements, the procedure in the contractssnail prevail.
5.0612 Unless modified by a union contract all full-timeemployees whether on a standard 35 or 40 hourworkweek or a non-standard workweek and parttime employees who work at least 16 hours per weekor whose work schedule requires the performance ofservice to the state for some part of each working dayof the official work schedule to which the class isassigned, shall accrue as follows for each straight timehour of service:
47
5.06121 Employees hired prior to December 28, 1980 shallaccrue vacation leave according to the followingSchedule A:
Years of Service Total Days % Accrual
0- 10 15 .057710- 10 18 .069315 - 20 20 .077020 -25 26 .1000
over25 28 .1077
5.06122 Employees hired on or after December 28, 1980 shallaccrue vacation leave according to the followingSchedule B:
Years of Service Total Days % Accrual
0-5 10 .03855 - 10 15 .0577
10 - 15 18 .069315 - 20 20 .077020 - 25 26 .1000
over25 28 .1077
47 a
5.0613 On and after the adoption of these rules, vacation creditsshall be discharged during the year accrued, except that:
5.06131 All employees, who accrue annual leave, shall be allowed to. carryover from one calendar year to another not more than
the amount of vacation time accrued and credited in onecalendar year unless otherwise modified by the PersonnelAdministrator or union contract.
5.06132 Any frozen balance of vacation credits accredited to anemployee, other than non-standard, as of December 31,1951 shall be automatically carried forward until exhausted.
5.06133 Accrued vacation leave officially recorded to the credit of anemployee who was in the non-standard category onDecember 31,1955 shall be carried forward until exhausted.
5.0614 MODIFIED ACCRUAL PLAN
(a) The end of the calendar year shall be considered the last dayof the last biweekly pay period in the year. .
(b) Accrual Rate Chart-
Years of Total Potential Up Front Days Sublect AccrualService Vacation Days Days to Accrua Rate
o ,05* 10 2 8 .03085 - 10* 15 2 13 .0500
10 -15 18 4 14 .053815 - 20 20 4 16 .0615
. 20 - 25 26 9 17 .0654over 25 28 9 19 .0731
* These two categories of service time vacation entitlement or. employees hired prior to December 28, 1980 formerly merited
15 and 18 days respectively.
48
5.0615
5.0616
5.0618
5.0619
5.06191
5.06192
When the services of an employee shall be terminated byresignation, death, dismissal
ror otherwise, if such employee
shall not have used actua vacation time equal to thevacation credits outstanding on his account, such employeeor his/her estate shall on such termination be entitled toreceive full pay for each hour of vacation leave to his/hercredit as of the date of termination.
The Appointing Authority may in any year assign to anyemployee sufficient vacation time, in excess of actualaccrual credits to permit the emp oyee to receive themaximum number of days to which (s)he is entitled in theaccrual year, which excess shall be deducted fromsubsequent earned vacation leave.
An employee, who is transferred or otherwise changespositions in the classified service, shall have his/her sick andvacation leave credits carried over from one position to theother. An employee, who moves from the classified to theunclassified service or vice versa, shall retain all sick andvacation leave balances to his/her credit at the time ofremoval. An employee who moves from the classified orthe unclassified service to the non-classified service or viceversa shall retain all sick and vacation leave balances tohis/her credit at the time of such removal.
. Vacation leave credits shall not accrue while an employee ison leave without payor absent without permission.Employees, who terminate from state service in goodstanding, shall receive vacation leave credit through the lastcomplete day of service.
Appointing Authorities shall report to the PersonnelAdministrator, on forms provided for this purpose, a recordof vacation leaves approved by them for employees whoaccrue.
Reports of frozen vacation leave of non-standard categoryemployees as of December 31, 1955, shall also be made.Records of the Office of Personnel Administration shall bethe official state record of vacation leave accruals anddischarges.
Employees, who are entitled to discharge accrued vacationleave, may discharge in one week no more than the numberof hours assigned to their class of position.
49
5.062 Sick Leave
5.0621 Sick leave with pay shall be granted to employeeswithin the classified and unclassified services of thestate who hold full-time positions or who hold parttime positions, the work schedules of which requireperformance of services to the state for some part ofeach working day in the work schedule to whICh theclass is assigned, or who hold part-time .positions thework scheaules of which require performance ofservices to the state of at least 16 hours per week.Failure on the part of an employee to notify his/herappointing authority promptly of his/her absence dueto sickness may be cause for denial of sick leave.
5.0622 Unless modified by a particular union contract, all fulltime employees whether on standard 35 or 40 hourworkweek or on a non-standard workweek, and parttime employees who work at least 16 hours per weekor whose work schedule requires the performance of .service to the state for some part of e·ach working dayof the official work schedule to which the class isassigned, shall acque .Qill.,.hours for each hour ofservice during the biweekly pay period up to amaximum of the assigned hours in the workweek forthe position in which the employee is working.
5.06221 When an employee's total accumulation of sick leavehours shall equal the equivalent of 125 days (a daymeaning the number of hours in an employee'sregular work day) no further credit shall accrue untilthe total shall have been reduced to less than thismaximum.
5.0623 Sick leave is hereby defined to mean a necessaryabsence from duty due to illness, injury, or exposure tocontagious disease and may incluae absence due toillness or death in the immediate family of theemployee or necessary attendance upon a member ofthe immediate family who is ill. Sick leave with pay forthe purpose of such attendance, however, is to be usedonly in emergency and is limited to 10 working dayswithin any calendar year. Sick leave with pay may alsobe granted from accrued sick leave credits, whenabsence is necessary during normal pregnancy or theconditions of childbirth. The appointing authoritymay require a physician's certificate or othersatisfactory evidence for each sick leave with paycovering an absence of more than three consecutiveworking days. The foregoing rule regarding the use ofsick leave may be moaifiea by a particular unioncontract.
5.06231 Sick leave allowable for death in the immediate familyshall be restricted to the following: wife, husband, child(including foster child), mother, father, brother, sister,mother-in-law, father-in-law, grandmother, grandfatheror any other family relative residing in the employee'shousehold.
5.0624 Appointing Authorities shall report to the PersonnelAdministrator, upon forms provided for this purpose, arecord of sick leaves approved by them. The records ofthe Office of Personnel Administration shiilfbe. tll-eoffiaarSti3te_record of sick leave accruals and-cf!scharges.Sudifecords shall be available to appointing autlloritiesan]r·-ma.L.lJe used in rea_ching decisions affectingprQ[!J:OfLons,dem.Q1kms. saTafyLQCreases,.."tnd aIsm IssaJs.
5.0625 Sick leave credits shall not accrue while an employee ison leave without payor absent without permission.Employees, who are authorized to discharge accrued sickleave, may discharge such leave on any regularlyassigned work day up to a maximum of the assignedhours in their workweek. Sick leave with pay may begranted in advance of accrual, but not in excess of 80hours, when approved by the Appointing Authority. Sickleave with pay in an amount over 80 hours may beloaned to an employee in advance of accrual uponrequest of the Appointing Authority, approval of thePersonnel Administrator and notice to the Controller,provided that all sick and annual leave credits have beenexhausted and the employee agrees that future accrualsof sick leave shall be applied against such advance untilthe loan is repaid. Upon termination of an employee'sservice, any such advance of sick leave not offset bysubsequent accumulations of sick leave shall bededucted from any balance of vacation credits duehim/her. In unusual instances, exceptions to ormodification of this rule may be made upon writtenrequest br the Appointing Authority and approval of thePersonne Administrator. Such request shall include afull explanation of the circumstances upon which thereq\Jest is based.
5.0626 When the service of an employee shall be terminated by. retirement (mandatory, voluntary or involuntary), or
death, such employee or his/her estate shall be entitledto receive full pay for each hour of accrued sick leave tohis/her credit as of the date of termination according tothe following formula:
51
(a) A35 hour a week employee or a non-standard employeeshaH be entitled to receive full pay for 50% of all accruedsick leave over 390 hours up to and including 630 hours andfull pay for 75% of all accrued hours over 630 hours up toand including 875 hours.
(b) A 40 hour a week employee shall be entitled to receive fullpay for 50% of all accrued sick leave over 468 hours up toand including 720 hours and full pay for 75% of all accruedhours over 720 and up to and including 1000 hours.
(c) Eligible part-time employees shall be entitled to receivepay for accrued sick leave on a pro-rata basis dependingupon the scheduled workweek within the basic workweekfor the class of position.
5.0627 5pecial Sick Leave
5.06271 Whenever a classified or unclassified employee shall beabsent from his/her duties and receiving compensation, asprovided in the Workers' Compensation laws, (s)he may begranted sick leave in accordance with the rules applicablethereto, in an amount not to exceed his/her regularcompensation. Deductions from accumulated credits shallbe applied only to that part of his/her salary which is paidas an addition to Workers' Compensation payments, andthe total of the two shall not exceed the regular salary fora given pay period. Annual leave credits may be applied inthe same manner. When such absence shall not be coveredby sick leave or annual leave, it shall be deemed to be leavewithout pay.
5.06272 Any classified employee whose employment requiresexposure to X-Rays or other unusual employment hazardmay be granted special sick leave credits not to exceed 120hours in a calendar year if (s)he is a 40 hour employee or105 hours in a calendar year if (s)he is a 35 hour or nonstandard employee. Such sick leave credits shall beavailable and sick leave granted upon writtenrecommendation by the appropriate Appointing Authorityto the Personnel Administrator that it has beendetermined by blood tests or other approved method andsupported by a statement from a qualified physician thatthe health of the employee required such sick leave topermit recuperation from exposure to such occupationalhazards.
52
5.06281
5.06282
Nonchargeable Absences
Bereavement leave
In the event of death in an employee's family (see Rule5.(6231) the employee shall be entitled to absencewith full pay for three days. This time shall not becharged to the employee's sick leave balance.
Personal leave
Each employee shall be entitled to four days of leavewith pay for personal business and/or religiousobservance in every fiscal or calendar year dependingon union contract. Employees shall not be required tostate the reason for personal leave but they mustobtain prior approval. Approval may only be denied ifit interferes with the proper conduct of agencyfunctions. Employees who do not use their personalleave or if it is denied on Good Friday, the day beforeChristmas Day and/or the day before New Year's Daymay use this leave at some other time during the year.Personal leave shall not be carried over from one yearto the next, nor shall an employee be compensated forunexpended time upon termination. Employees whoare hired during the leave year will have their personaldays pro-rated on the basis of one day for each threemonths or part thereof of service during the year.Nonchargeable absences may be qual,ified by a unioncontract.
53
5.06283
(a)
(b)
Administrative leave (Special Time Off)
Authorization:
The Personnel Administrator may authorize anAppointing Authority to grant Administrative Leavewith pay for necessary absence from duty nototherwise provided for under "Leaves" in statutes andrules.
The Director of Administration, upon direction fromthe Governor or recommendations of the PersonnelAdministrator, may authorize Administrative Leaveunder extenuating circumstances.
Categories of Administrative leave
III Conduct of employees (refer to PR 6.02)
.. To take civil service examinations administered by theOffice of Personnel Administration.
.. To be interviewed for another position within stateservice.
.. To attend professional conferences, training sessions,officially sanctioned outings or work related businessprovided that in the opinion of the AppointingAuthority it promotes the career interest of theemployee in relation to state business and that thestaffing requirements are adequately maintainedduring said period. Further, the Appointing Authorityshould be gUided by union contracts, the principles ofaffirmative action and employee wellness in makingdecisions regarding administrative leave .
• To take a physical examination required forappointment to State service, or physical examsrelated to work injury in State service.
• To permit time off during extreme weather conditionsor state of emergency as authorized by the Director ofAdministration.
S4
5.063
5.0631
5.0632
5.0633
5.0634
5.0635
Military Leave (This section may be modified by Unioncontract
Every employee holding a position in the classified orunclassified service, wno has left or shall leave saidposition by reason of entering the armed forces of theUnited States (whether through membership in theReserve of the United States Military or Naval Forces or inRhode Island National Guard or Naval Reserve, when anyof the foregoing units are called to active federal duty, orby reason of enlistment, induction, commission or
. otherwise) and who has held a position in the classifiedservice for 180 or more calendar days within the 12months next preceding such entrance into the armedforces, is entitled to ana is hereby granted military leaveof absence from the said position commencing with thetime of leaving said position for said purpose andcontinuing throughout the duration of said absencerequired by the continuance of service in the armedforces. Such leave of absence shall be deemed to haveexpired six months after the date of discharge from orauthorized separation from active duty as a member ofthe armed forces. Reenlistment or other continuedservice in the armed forces resulting from a choice by theemployee shall serve to cancel such leave.
For the first 60 calendar days of such absence, every suchemployee shall be paid by the state the same amount as(s)he would have received had (s)he not been absent fromhis/her position.
During that part of the period of leave described abovefor wfiich the employee shall receive his/her salary, (s)heshall also accrue such sick leave and annual leave credits as(s)he would have accrued while working in said positionduring such period of 60 days.
Employees on military leave shall be granted yearly salaryincreases and longeVity increases when due in accordancewith the conditions of eligibility outlined in theseregulations. .
At the conclusion of such military leave of absence, theemployee shall be returned to his/her position subject,however, to any law or rule which may hereafter beenacted affecting such right of return or defining theconditions under which such returns may be made. At theconclusion of each calendar year during such absenceannual leave and sick leave accumulations shall be carriedover to the credit of the employee.
55
5.064
5.0641
5.06411
5.06412
5.065
5.0651
Military Training Leave (Relates to Classified andUnclassified Service)
Employees in the classified and unclassified servicewho, by reason of membership in the United StatesMilitary, Naval, or Air Reserve or the Rhode IslandNational Guard or Naval Reserve, are required by theappropriate authorities to participate in trainingactivities or in active duty as a part of the Statemilitary force or special duty as a part of the Federalmilitary force, shall be granted military training leavewith pay not to exceed fifteen working days in anyone federal fiscal year beginning October 1 throughSeptember 30. Should the employee be required toparticipate in such training activities for a periodgreater than fifteen working days, (s)he shall begranted leave without pay for this purpose.
During the period of military training leave with pay,the employee shall accrue sick and vacation leavecredits.
Such training activities as defined in this section shallnot include weekly drill nights or similar drill periodslasting less than one day or training periods voluntarilyengaged in by the employee beyond the trainingperiod required generally of the members of therespective armed service.
Jury Leave
Every employee occupying a position in the stateclassified and unclassified service who is ordered byappropriate authority to report for jury duty shall begranted a leave of absence from his/her regular dutiesduring the actual period of such jury duty and shallreceive for such period of jury duty his/her regular payor his/her jury duty pay whichever is the greater.
56
5.066
5.0661
(a)
(b)
(c)
(d)
(e)
Leave Without Pay
A classified employee may be placed on leave withoutpay for a period not to exceed one year when: -
The employee shall sign a request for such leave; theAppointing Authority shall recommend approval inwriting to the Personnel Administrator, and thePersonnel Administrator shall approve; or,
The Appointing Authority shall recommend such leave,in writing to the Personnel Administrator together withreason(s) for such proposed action, and the PersonnelAdministrator shall approve; or,
An employee with permanent, provisional orprobationary status is appointed to a higher class ofposition for which no valid list exists or that iscategorized as non-competitive shall request a leave inorder to protect his/her status in the lower class. TheAppointing Authority shall recommend approval inwriting to the Personnel Administrator, and thePersonnel Administrator shall approve the request.Extensions of such leaves to protect status shall begranted until such time as a valid list is established forthe class of position. Upon establishment of a valid list,the employee must either qualify for permanentappointment in the class or return to the position fromwhich the leave was granted. Every employee is entitledto only one leave in each status - - permanent,provisional or probational at any given period.
The employee shall sign a request for parental leave.Said leave shall be available to all employees for thepurpose of child raising upon written notice at least two(2) weeks in advance of the commencement of the leaveperiod. Said leave shall be granted for a period of up tosix (6) months and may be renewed for a period not toexceed six (6) months upon request of the employee atleast (30) days prior to expiration. In no event shallparental leave exceed a period of one (1) year or beapplicable to children over the age of eighteen (18) yearsexcepting under extenuating circumstances. Providedhowever the Personnel Administrator shall have thediscretion to grant parental leave under extenuatingcircumstances. The employee on parental leave shall becovered by the health benefits carried by the State ofRhode Island for a period not to exceed one (1) year.
In all cases, leave shall be available only to the parents ofeligible children and in cases where both parents arestate employees, only one parent may request parentalleave.
State employees will not be granted a leave to acceptemployment outside of State Service.
57
5.0662
5.0663
5.0664
5.0665
Upon the expiration of such leave of absence, theemployee shall be returned to the position which (s)heoccupied at the time the leave became effective, subjectto the law and rules. Failure of an employee to reportfor duty promptly at the expiraticn of such leave shall bejust cause for dismissal. The Personnel Administratormay approve extensions of leave without pay for thesame individual, upon request by the AppointingAuthority.
When an employee serving a probationary period shallbe granted leave without pay from the class to which hisposition is allocated, the probationary period shall besuspended until the employee is returned to the class.When the employee is returned to the class, theprobationary period shall be reinstated and continue asthough no interruption had occurred.
Ater an employee returns to his/her position after havingbeen absent from his/her position on official "leavewithout pay," with the pxce..pti.Q.Qof leave witho!.Jt pay to
. C),ceot anotheroosition outside tilP,~Taro service,-theAppOinting Authority niay recommend salary orlongevity increases which would place the employee inthe position in the pay plan range to which (s)he mighthave been entitled if (s)he had not been absent fromhis/her position. If such leave is for a period of more than6 months, the reason for such a request must beexplained in detail and approval of such request must beobtained from the Personnel Administrator and theDirector.
Whenever the presence of a classified. or unclassifiedemployee at a hearing of the Personnel Appeal Board isrequested by said Board from the appropriateAppointing Authority, said employee shall be excusedfrom regular duties for the purpose of such attendanceand shall not suffer any loss of salary for suchattendance.
58
5.07
5.071
5.08
5.081
BENEFITS
Health Benefits. All management and non-union people,who are involuntarily laid off will be covered by the healthbenefits carried by the State of Rhode Island for the periodof ninety (90) days.
LAYOFFS
Layoffs are restricted to the department in which theposition is established. An Appointing Authority mayinitiate layoffs in those classes of positions, regardless ofthe status of the class, under his/her jurisdiction, providedprior approval has been received from the PersonnelAdministrator.
In all cases of layoff, first consideration will be given toemployee status and length of service within his/herpresent classification.
If an employee is unable to retain the current classification,(s)he may replace an employee in a classification in whichthe employee has had prior service if the employee exceedsthe eligibility requirements of employee status and serviceof the least senior incumbent in the class.
Employees who are to be laid off shall be notified inwriting prior to the termination date.
At the time of layoff, annual leave balances will be paidoff. Sick Leave balances will be held until the employee iscalled back to work providing it is within twelve months ofthe layoff.
This rule applies unless modified by a particular unioncontract.
59
RULE VIGENERAL PROVISIONS
6.01 PHYSiCAL EXAMINATIONS
The Personnel Administrator shall establish a physicalexamination program which shall require persons employedin positions in the classes (s)he shall designate to beexamined by a physician and present certification that theyare physically capable of performing the duties requiredand that their employment in such positions will not beharmful to the state, or its employees or other persons.
The Personnel Administrator may require such physicalexamination at the time of appointment and at such othertimes as may be designated in regulations promulgated forsuch purpose and shall refuse to approve the appointmentof any person who fails to comply with this rule, or afterappointment, shall refuse to certify any payroll bearing thename of any person who fails so to comply.
6.02 CONDUCT OF EMPLOYEES
In accordance with the provisions of Title 36-4-55 of theGeneral laws of 1956, as amended, it is the duty of everyemployee to so conduct himself/herself inside and outsidehis/her office as to be worthy of the esteem a publicemployee must enjoy.
Therefore, it shall be the policy of the State of Rhode Islandthat no state employee shall engage in any outside businessactivities, however remote from the function of his/heroffice, which would in any way interfere with theemployee's performance of his/her regular duties, orembarrass or bring discredit to either the employee or thestate. State employees who avoid or ignore this policy shallbe subject to disciplinary action.
Furthermore, whenever a state employee shall so conducthimself/herself as to cause scandal or to lose or jeopardizesuch esteem, (s)he may be dismissed for the good of theservice, subject to the provisions of the law and rules.
60
6.021 Authorization
(a) Approval 10 days
Whenever it appears to be in the best interest of theState, an Appointing Authority may, with the approvalin advance by the Personnel Administrator, place anemployee on paid Administrative Leave for a period ofnot more than one pay period (10 working days) in acalendar year.
The use of Administrative Leave so defined is notdeemed to be mandatory by an Appointing Authorityand does not preclude the immediate application ofthe provisions of Rule 5.0661 (Leave Without Pay) insuch cases as it shall appear to be in the best interest ofthe State.
(b) Extension(s) beyond 10 days:
6.022
6.023
The Director of Administration, with therecommendation of the Personnel Administrator, mayextend the period of Administrative Leave beyond i3nyleave already granted if it is in the best interest of theState to grant such extension.
Administrative Leave With Pay
One of Administrative Leave categories, as referred toin Rule 6.02 is absence from duty with pay necessitatedby internal investigations and/or hearings, as toalleged charges of malfeasance or misfeasance orde~e!iction .of duty by.a State eml?loyee; conduct ofactivIty which would Interfere With an employee'sability to perform his/her duties; conduct which wouldembarass or bring discredit to either the employee orthe State.
Expiration of Administrative Leave
Upon the expiration of said Administrative Leave, anemployee must be returned to full-time duty withoutprejudice or placed on leave without pay pending afinal resolution of the case in question.
61
6.03 DEMOTIONS
When the services of an employee, who holds permanentstatus are not satisfactory, the Appointing Authority maydemote the employee to a position in a lower class andgrade, and such employee shall be granted permanentstatus in the class of position to which (s)he has beendemoted. The compensation in such lower class shall bedetermined by the provisions of Rule IV Subsection 4.0211.An employee may be granted a demotion upon request,when recommended by his/her Appointing Authority andapproved by the Personnel Administrator. Such demotionshall be termed a voluntary demotion and shall not bedeemed a disciplinary action.
6.04 RESIGNATIONS
An employee in the classified service desiring to resign ingood standing shall give his/her Appointing Authoritynotice of at least 14 calendar days prior to termination ofservices. Such resignation shall be submitted on theappropriate forms, signed by the employee, and must beapproved by the Appointing Authority and the PersonnelAdministrator to become effective. .
Any employee, who is absent from duty without authorizedleave for five consecutive working days or who fails toresume his/her duties at the expiration. of a leave ofabsence, shall be deemed to have resigned without notice.Such resignation shall be submitted on the appropriateform, signed by the Appointing Authority, and must beapproved by the Personnel Administrator to becomeeffective. Such resignation shall be not in good standingunless otherwise requested by the Appointing Authorityand approved by the Personnel Administrator. In eachinstance of such resignation without notice, a copy of suchaction shall be mailed by the Appointng Authority to thelast known address of the employee within 5 days after theapproval of the Personnel Administrator.
62
6.05 APPLICATION: (CS-14 NEW HIRES AND TRANSFERS TOOTHER POSITIONS
(a) Request for Current Application to Maintain UpdatedRecords
The Personnel Administrator shall promulgate anapplication which must be filled out according toinstructions by all individuals seeking State employment orseeking transfer to another position, hereinafter referred toas transfer.
Said application shall be used in accordance with law foradministrative processing related to recruitment andplacement and may include such information as anindividual's name, address, social security number,education and work experience, criminal record, militaryrecord and any other information deemed pertinent by thePersonnel Administrator.
(b) Request for BCI Check (Bureau of Criminal Identification)
An Appointing Authority must request a criminal recordcheck when an offer is extended for hire or transfer.Convictions listed either on the employment application orcriminal record must be verified with the prospectiveemployee by the Appointing Authority. Those convictions l
deemed pertinent to the position sought by the applicantmay be grounds for refusal to hire or grant a change ofclassification. Inconsistent or falsified information suppliedon an application may also be deemed sufficient reason notto hire or grant a change of classification.
6.06 SOLICITATION ON STATE PREMISES
No one shall conduct any solicitation or private business inany State building, in any State office in a private building,or on property owned or occupied by the State of RhodeIsland. No person shall enter or remain·on said property norpost any type of notice for any purpose excepting withpermission of the Director of the Department ofAdministration.
63
RULE VIISTATE AWARDS PROGRAM
7.01 SCOPE AND PURPOSE
This rule sets forth the rules and regulations foradministration of the program of state awards foremployees of the state.
7.02
7.021
7.022
(a)
(b)
7.023
7.024
7.025
7.026
7.027
STATEMENTS OF POLICY
The purpose of pay incentives established by Title 36-4-62 ofthe General Laws of 1956 (as amended) shall be known asthe State Awards Program.
The State Awards Program shall recognize those employeeswho:
Propose procedures or ideas which are adopted and whichwill result in eliminating or reducing state expenditures orimproving operations, provided such proposals are placed ineffect, or .
By their superior accomplishments, make exceptionalcontributions to the efficiency, economy, or otherimprovement in the operations of state government.
Each agency head shall encourage employees, to participatein the State Awards Program.
The State Personnel Administrator shall administer andpromote the State Awards Program on a statewide basis.
The State Personnel Administrator shall determine theeligibility of each suggestion; refer each eligible suggestionto agencies concernea for investigation and evaluation;acknowledge receipt of suggestions and keep suggestersinformed as to the status of tl1eir suggestions.
A qualified employee may receive a total ,monetary awardfor a suggestion adopted based on tangible criteriaestablished pursuant to the provisions of these rules and thelaw.
The acceptance of a cash award for any suggestion adoptedthrough the State Awards Program shall constitute anagreement by the employee that all claims, immediate andfuture, on the State of Rhode Island, regardless of the usemade of the suggestion, will be waived.
64
7.03
7.031
(a)
(b)
(c)
(d)
7.04
7.041
7.042
(a)
(b)
(c)
(d)
(e)
(f)
ELIGIBILITY OF EMPLOYEES
All employees of the State of Rhode Island shall be eligibleto participate in the State Awards Program except:
Group I which shall consist of the General Officers of theState, members of the General Assembly, the executive staffof the Governor, Judges of the District, Family, Superior orSupreme Court, Director of departments or their equivalent.
Group II which shall consist of Assistant or Deputy Directors,major fiscal and administrative policy departmental staff ortheir equivalent.
Group III which shall consist of Division heads including thefull-time Division Chief or Administrator to a statewideprogram. This includes Chief of Divisions supervising severalline service units or their equivalent.
Group IV which shall consist of Assistant or Deputy DivisionChief or Administrators, Section Chiefs or head of a majordepartmental function or equivalent.
ELIGIBILITY OF SUGGESTIONS
Suggestions shall be submitted on forms prescribed by theState Personnel Administrator.
Suggestions which are related to the following subjects shallnot be eligible for awards:
Personal grievances
Classification and pay of positions
Matters recommended for study or review
Matters which are the result of assigned or contractedaudits, studies, surveys, reviews or research.
Matters that are subject to collective bargainingagreements.
Matters requiring legislative action.
65
(9)
7.05
7.051
7.06
7.061
7.07
7.071
7.072
7.08
7.081
An employee shall not normally be eligible for an award fora suggestion which directly relates to the employee'sassigned du~ies and responsibilities. If, however, such asuggestion is so superior or meritorious as to warrant specialrecognition, an award may be granted. In order for such asuggestion to be eligible for an award, the followingquestions shall be answered in the negative:
1. Is the employee expected or required to makesuggestions of the type under consideration?
2. Can the suggestion be implemented by the employeewithout consulting higher authority?
MODIFICATION OF IDEAS
If an agency modifies an employee's suggestion and adoptsthe suggestion in a different form, the employee shall beeligible for an award if the employee's suggestion wasdirectly responsible for management's taking action.
INTERAGENCY REFERRALS
Each suggestion shall be reviewed by the Office ofPersonnel Administration to determine if It has applicationin an agency other than the one for which it was proposed.If it is determined that a suggestion has interagencyapplication, it shall be forwarded to each agency to which itapplies.
DUPLICATE SUGGESTIONS
Each suggestion shall be reviewed to determine if it is aduplicate of, or similar to, a suggestion which has previouslybeen submitted or adopted.
If duplicate suggestions are received by the State PersonnelAdministrator, the one bearing the earliest date of receiptshall be eligible for consideration and all others shall beineligible.
GROUP SUGGESTIONS
The amount of an award for a suggestion made by a groupof employees shall be determined on the same basis as if thesuggestion has been submitted by one employee, and theamount of the award shall be pro-rated among theemployees making the suggestion.
66
7.09 INCENTIVE SUGGESTIONS
7.091 Suggestions which involve patentable or non patentableinventions shall be eligible for awards.
7.092 Awards for inventions shall be determined on the samebasis as awards for other types of suggestions and thesuggester shall retain all rights to such patentableinventions; however, the State of Rhode Island shall havethe right to use such inventions without further recoursebeyond the award to the employee.
7.10 TIME LIMITATION ON AWARDS CONSIDERATION
7.101 An employee's rights'to an award shall be established basedon employment status at the time the suggestion issubmitted and shall be protected provided:
(a) The suggestion is adopted and implemented later by anagency within one year from the date of the employee'sseparation even though the employee may have separatedfrom state government provided, however, that suchseparation must have been in good standing.
(b) The State Personnel Administrator is notified that thesuggestion was implemented.
(c) In the case of a deceased employee, the award shall be paidto the employee's beneficiary or estate.
7.11 STATE AWARDS COMMITTEE
7.0111 The State Personnel Administrator shall appoint a StateAwards Committee of five (5) state employees nominatedby agency heads, subject to the following:
(a) Members shall be appointed for two-year terms, or, in thecase of resignations, for the remainder of the unexpiredterm.
(b) There shall be no limit to the number of terms a committeemember may serve.
(e) The State Personnel Administrator or his/her designee shallserve as an ex-officio member and chairperson of the StateAwards Committee without vote except in the case of ties.
(d) The State Budget Officer or his/her designee shall serve asan ex-officio member in addition to those membersindicated above.
67
(e) The State Awards Committee shall:
1. By majority vote, determine the award for each suggestionthat is adopted by one or more agencies; and for any otherawards to be made for superior accomplishments inaccordance with the Personnel Rules and the Law andauthorize the payment of such awards by the adoptingagency or agencies. The decision in these matters by theCommittee shall be final.
2. Review requests by employees for reevaluation of theirsuggestions that were not adopted by an agency head. Ifthe State Awards Committee determines that thesuggestion appears to have merit and should bereevaluated, the chairman of the State Awards Committeeshall request the appropriate agency head to reconsider thesuggestion. The agency head's decision shall be final.
7.12 AGENCY AWARDS COMMITTIES
7.121 Each agency head shall appoint an agency awardscommittee of at least three (3) members, subject to thefollowing:
(a) Members shall be employees of the agency and shall beappointed for two-year terms.
(b) Any vacancies on the committee due to resignation shall befilled by appointment for the unexpired term.
7.122 The Agency Awards Committee shall:
(a) Elect a chairperson and furnish the State PersonnelAdministrator with the name, business address, andtelephone number of the Chairperson.
(b) Make detailed investigations and evaluations of suggestionsand superior accomplishments.
(c) Make recommendations concerning suggestions to theagency head who shall make a final decision as to whetherthe suggestion is to be adopted within that agency and sonbtify the State Awards Committee.
(d) File complete reports with the State Awards CommitteeChairperson outlining the reasons each suggestion wasaccepted or rejected and so notify the employee submittingthe suggestion as to all final dispositions of the suggestion.
68
(e)
(1)
File reports with the State Awards CommitteeChairperson stating the actual savings realized from theimplemented suggestion each quarter during the firsttwelve (12) months of such implementation together witha final report upon completion of the period. Further, acopy of these reports will be forwarded to the StateBudget Office in order to assist it in preparing a fiscalimpact statement regarding the results of suchimplemented suggestions.
Encourage all employees in their agency to participate inthe State Awards Program.
7.13
7.131
7.132
DIVISION AND INSTITUTIONS AWARDS COMMITIEE
An agency head may establish an awards committee forany division or institution within the agency with theapproval of the State Personnel Administrator.
Such committee shall be established and operate in thesame manner as the Agency Awards Committee asprovided in Rule 7.12.
AWARDS
Awards for suggestions which upon adoption shall resultin tangible benefits to the state shall be made by the StateAwards Committee in the amount not to exceed fivepercent (5% - or a maximum of $2,000.00) of any actualsavings realized during the first twelve (12) month periodwhich directly relate to the employee's suggestion.
7.1411 Such monetary awards shall be authorized by the StateAwards Committee in the following manner;
7.14
7.141
(a)
(b)
Upon the adoption of a suggestion that will result inestimated .tangible savings to the state in excess to twothousand ($2,000.00) dollars the sum of one hundred($100.00) dollars shall be authorized to be paid to theemployee(s) whose suggestion has been adopted.
Upon completion of the first twelve (12) months from thedate of the suggestion's implementation, the balance ofthe award (not to exceed 5% - or a maximum of$2,000.00) shall be authorized to be paid in one lumpsum.
69
(e)
(d)
7.1412
7.142
7.143
7.144
7.15
Upon completion of the first twelve (12) months from thedate of the suggestion's implementation for thoseadopted suggestions which do not fall within thecategory of 7.1411 (a) above, the award of five percent(5% - or a maximum of $2,000.00) shall be authorized tobe paid in one lump sum.
In the event that the efficiency of state government isimproved as a result of the employee's suggestion but nodirect financial savings can be documented, a financialaward not to exceed $150.00 can be authorized by thestate committee to be paid in full and/or the committeemay authorize the awarding of a certificate ofrecognition and appreciation to employees so designatedby tne Awards Committee.
The minimum award for any suggestion implementedshall be twenty-five dollars ($25.00) payable uponapproval of the State Awards Committee.
Monetary awards made under the provisions of thisprogram shall be chargeable to the appropriation accountof the agency or agencies that realized the tangiblesavings fro.m the adoption ofthe suggestion.
Employees who qualify for such awards shall receive thelump sum payment only for the first year's actual savingsand not for any subsequent years the Idea shall be used.
In addition to any monetary awards set forth in the lawand rules such employ.ee who shall qualify for such awardsunder the program shall receive a suitable certificate ofachievement Signed by the chairperson of the 5tateAwards Committee and the Governor of the State.
CAREER SERVICE AWARDS
Upon the completion of ten (10) years of service in theclassified or unclassified class of employment thePersonnel Administrator shall award a service award pinshowing the number of years of service and appropriatecertificate to that employee. Each five (5) years ofcontinuous service thereafter up to fifty (50), another pinand certificate shall also be issued. The action shall beinitiated by the employee's personnel officer by sendingform C5-339 to the training section, Office of PersonnelAdministration.
The awards shall be made quarterly starting the first weekin each January. However, in order to be awarded in anyquarter, the applications (CS-339) must be submitted tothe training section one month prior to the award date.
70
8.01 HUMAN RESOURCE PUBLIC DOCUMENTS: SEX NEUTRALLANGUAGE
Gl 43-3-3 enacted 1978, entitled Gender of Titles serves asthe basis for reference and titling of statutory language.This rule shall extend the provisions of this statute to theOffice of Personnel Administration and its subdivisions inthe publishing of public documents and reports.
Wherever he/she is referred to in text, the format-(s)he willbe used when any document is reprinted. Likewise, "his"will be replaced by his/her.
Every effort will be made to write personnel statutes, rulesand policies in sex neutral language.
8.02 EMPLOYEE'S PERSONNel FilE
(A) No record, file or document pertaining to an employee willbe made available to any unauthorized person(s) forinspection or photocopying.
(B) Personnel files will be kept for each employee within Stategovernment by the Department of Administration, Office ofPersonnel Administration and the employing agency. N.l2.separate personnel file shall be maintained otherthan theone subject to employee inspection and the-agency file.
(C) Employees will"be given a copy of all material(s) added tothe personnel file at the time such is added to the file. Eachemployee will have the right, UpOA written request, toreview the contents of his/her personnel file, with theexception of initial employment letters of referenceinvestigative materials and files dealing with potential oractual litigation unless this restriction is otherwiseprohibited by law. .
Employees will have the right to respond in writing to alladditions to the personnel file. Such additions will be madepart of the file.
(0) Statutes (GL· 28-6.4-1.2) rules and policies and contracts mayestablish retention schedules or other provisions forpersonnel documents and other related material containedwithin. Records are to be removed and/or destroyed inaccordance with those aforementioned policies.
71
9.01 FILING ORGANIZATIONAL CHARTS
All agencies are required to prepare organizational chartsindicating the function(s) and authoritative structure of theagency. Said chart must be filed with the PersonnelAdministrator and any change must be filed withaccompanying revised chart. Only recorded charts arerecognized as official.
72
10.01
10.011
10.012
10.013
RULE XHEALTH AND SAFETY
SMOKING IN THE WORKPLACE
Summary Description
State law regulating workplace smoking.
Application
Any enclosed area occupied by a person, firm, partnership,association, corporation, company, organization or legal entity ofany kind that provides primarily, but not exclusively, clerical,professional, or business services, including, but not limited to, officespaces in private office buildings, state and municipal office buildings,and federal office buildings where other than federal employees arepresent; medical office waiting rooms; all factory or manufacturingplant areas; libraries; museums; hospitals, nursing homes, and othermedical treatment facilities.
Exceptions
Public lobbies; private enclosed workplaces occupied exclusively bysmokers, unless smoking is expressly prohibited by the fire marshal orby law, ordinace, or regulation; private homes serving as workplaces;office space leased or rented by a sole independent contractor for thecontractor's own use; areas legally designated for smoking.
73
10.014
10.015
10.016
10.017
Provisions and Requirements
All public and private-sector employers must adopt a policy thataccommodates, insofar as possible, the preferences of both smokersand non-smokers, particularly those employees who, as a result of aphysical condition, are "u nduly sensitive to tobacco smoke."Specifically, within three months of the law's adoption (June 27,1986), every employer must establish, implement, and maintain awritten smoking policy. The policy must contain a provision to allownon-smoking employees to object to a smoke hazard or discomfort inthe workplace and a clause requiring the employer to try to reach a"reasonable" accommodation between non-smokers and smokers byusing already available means of ventilation or by separating orpartitioning work spaces. No employer is required to make anyexpenditures or structural changes to accommodate the preferencesof non-smoking or smoking employees. The written policy must beannounced within three weeks of adoption and posted conspicuouslyin every workplace under the employer's jurisdiction.
Nondiscrimination Provision
Workers who exercise their right to file a complaint about theiremployer's violation of the law are protected from discrimination ortermination without due cause.
Enforcement
The State Department of Health is responsible for enforcement.Employees may submit a written and signed letter to the departmentciting their employer's violation of the law. Upon receipt of acomplaint, the department is authorized to issue a written noticerequiring the employer to correct the violation within 10 days. If thedepartment receives a second complaint for the same or a continuedviolation by the employer, it may seek a court injunction to enforcecompliance, correct the violation, and assess and recover a civi Ipenalty.
Penalties
Any employer that fails to correct a violation or that repeats orcontinues a violation is liable for a civil penalty of not less than $50nor more than $500. Each day that a violation is committed orpermitted to continue constitutes a separate offense.
74
10.02
10.021
10.022
10.023
10.024
DRUG TESTING
Summary Description
State law prohibiting mandatory drug testing of employees.
Application
Public- and private-sector employers.
Prohibited Action
Employers and their agents generally are prohibited from requestingor requiring any employee to submit a sample of urine, blood, orother bodily fluid or tissue for testing as a condition of continuedemployment.
Exceptions: Testing of a specific employee is permitted,provided certain conditions are met.
Conditions for Testing
Testing of a specific employee is permitted only if
(1) the employer has "reasonable grounds to believe based onspecific objective facts" that the worker's job performance isimpaired from use of controlled substances;
(2) the employee provides the test sample in private, "outside thepresence of any person":
(3) testing is conducted in conjunction with a bona fiderehabilitation program;
(4) positive test results are confirmed by gas chromatography andmass spectrometry, or by some other technology that is at leastas scientifically accurate;
(5) the employee is given an opportunity to have the sample testedor evaluated, at the company's expense, by an independenttesting facility; and
(6) the employee is given a reasonable opportunity to rebut orexplain the test results.
75
10.025
10.026
Enforcement
Employees may bring suit in civil court to enjoin violations of the law.
Remedies/Penalties
An employer that violates the Act is guilty of a misdemeanor,punishable by a fine of not more than $1,000 or imprisonment for notmore than one year, or both a fine and imprisonment. In addition toproviding injunctive relief, the court may order the employer to paypunitive c!amages in addition to any award of actual damages andreasonable attorney fees and costs.
76
RULE X IWORKERS' COMPENSATION
RULE XIIEQUAL OPPORTUNITY
RULE XIIITRAINING AND DEVELOPMENT
RULE XIVLABOR RELATIONS
RULE XVRECRUITMENT AND PLACEMENT
RULE XVIWAGE AND SALARY ADMINISTRATION
RULE XVIIWORK SCHEDULING
RULE XVIIIRECORDS MANAGEMENT
RULE X1X
.'
RULE XXRETIREMENT
ADDENDUM
Additional PERSONNEL RULES that went to Public Hearingthat need to be added
to theOfficial 1988 Personnel Rules
2.01 Classification Plan
3.01 Notice of Examination
3.092 Discrimination becanse of Disability
3.093 Undne Hardship
3.094 Workers' Compensation Claims
3.095 Bar of Claims
3.096 Reasonable Accommodation Rnle
6.01 PhysicalExamination
6.051 Transfer of State Employees
RULE XII Equal Opportunity -- Sections 12.01 through 12.86
12.09 Equal Opportunity (Newsome Bill info)
12.10 Retaliation and Coercion
LEGEND:
RED = ADA Information
BLUE = Transfer of State Employee information
BLACK = Equal Opportunity information
GREEN = Eqnal Opportunity (Newsome Bill information)
2.01
3.01
3.092
3.093
THE CLASSIFICATION PLAN
Policy Statement:The Office of Personnel Administration shall conduct an ongoing review of alljob descriptious to ensure that any discriminatory language is eliminated.
NOTICE OF EXAMINATIONS
Policy Statement:A central listing of all Examination Notices shall be maintained in the Office ofPersonnel Administration. Said listing shall be accessible to individuals withdisabilities, including individuals with a hearing or vision impairment. Noticeof the listing shall be advertised in a section of the newspaper that sets forth theprocedure with at least a teu (10) days uotice of such advertisemeut aud/orreceipt of documeut uotifyiug applicant of date of examination
Discrimination Because of DisabilityIn accordance with the Americans with Disabilities Act (ADA), the RhodeIsland Constitution Article 1, Section 2, and all other federal and statedisability rights laws, no state agency shall discriminate against a qualifiedindividual with a disability in regard to employment or exclude such individnalfrom participation in or deny said individual the benefits of the services,programs or activities of said State agency.
Additionally, the State agency shall make a reasonable accommodation to theknown disability of a qualified individual, unless the accommodation wouldimpose an "undue hardship" to the State of Rhode Island as defined in theapplicable provision of the aforementioned statutes.
Undue Hardship
Undue Hardship -- Undue hardship means, with respect to the provision of anaccommodation, significant difficulty or expense incurred by the State ofRhode Island, when considered in light of the factors set forth below. Indetermining whether an accommodation would impose an undue hardship onthe State of Rhode Island, factors to be considered include:
(a) The nature and net cost of the accommodation needed under this part, takinginto consideration the availability of general revenue, bond funds and/or otherfunding;
(b) The overall financial resources of the facility or facilities involved in theprovision of the reasonable accommodation, the number of persons employedat such facility, and the effect on expenses and resources;
(c) The overall financial resources of the State of Rhode Island, the overall size ofthe government of the State of Rhode Island with respect to the number of itsemployees, and the number, type, and location of its facilities;
(d) The type of operation or operations of the State of Rhode Island, including thecomposition, structure, and functions of the workforce, and the geographicseparateness and administrative or fiscal relationship of the facility or facilitiesin qnestion to the State of Rhode Island.
(e) The impact of the accommodation upon the operation of the facility, includingthe impact on the ability of other employees to perform their duties and theimpact on the facility's ability to conduct business.
The determination of undue hardship is to be made by the Governor'sCommission on the Handicapped in cooperation with the Agency Director,ADA Coordinators, and/or Office of Personnel Administration.
3.094 Workers' Compensation ClaimsThe State of Rhode Island shall not discriminate against a qualified individual.by reason of such individual having filed a workers' compensation claim at anytime nor deny such individual a reasonable accommodation if needed.
3.095 Bar of Claims
The State of Rhode Island shall not use a "Bar of Claims" form or make anyinquiry regardiug a job applicant's filing of a workers' compensation claim atanytime until a job offer has been made to the applicant.
3.096 REASONABLE ACCOMMODATION RULE
I. STATEMENT OF PURPOSE
It is the policy of the State of Rhode Island to provide reasonableaccommodations for qualified persons with disabilities who are employees orapplicants for employment. The State of Rhode Island will adhere to allapplicable federal and state laws, regulations and guidelines with respect toproviding reasonable accommodations as required to afford equal opportunityto qualified persons with disabilities. Reasonable accommodatious shall beprovided in a timely and cost-effective manner.
II. REQUESTING A REASONABLE ACCOMMODATION
(a) For applicants who are seeking a reasonable accommodation during theinterview and selection process, they contact the agency's appointing authority,
personnel officer, or ADA Coordinator and explain their need for anaccommodation at least five (5) business days prior to the interview or otheractivity at which they would need the accommodation.
(b) For applicants who have been extended a "conditional offer ofemployment" by the state, when accepting that offer, shall complete the"Reasonable Accommodation Request" Form (CS-388A) and return it to theappointing authority, or her/his designee who will forward it to the agency'sADA Coordinator.
(c) For current employees (including those collecting workers compensatioubenefits), they contact their agency's ADA Coordinator and complete the"Reasonable Accommodation Request" Form (CS-388A). The ADACoordinator may assist the employee complete this form.
III. PROCEDURES FOR ACCOMMODATING EMPLOYEES WITHDISABILITIES
State agencies must follow the procedures for determining the appropriateaccommodation and implementing that accommodation contained in the Stateof Rhode Island Personnel Policy Manual.
6.01 PHYSICAL EXAMINATIONS
The Personnel Administrator shall establish a physical examination programwhich shall require persons employed in positions in the classes (s)he shalldesignate to be examined by a physician and present certification that they arecapable 'of performing the duties required and that their employment in suchposition will not be harmful to the State, or its employees or other persons.
The Personnel Administrator may require such physical examination asdesignated below:
(a) Pre-Employment Examination
The State of Rhode Island shall not require a medical examination or make anyinquiry regarding a job applicant's disability until a job offer had been madebut may inquire as to the applicant's ability to perform job-related functionswith or without reasonable accommodation.
(b) Employment Entrance Examinations
After a job offer has been made to an applicant and before the applicant's jobduties begin, the State of Rhode Island may require a job applicant to submit toa medical examination and/or inquiries and may condition employment on theresult of such examination and/or inquiries, so long as all entering employees in
the same job category are subject to an examination and/or inquiries regardlessof disability and all confidential requirements are met.
6.051 TRANSFER OF STATE EMPLOYEES
The director of administration is authorized to transfer any employee theexecutive branch who is not covered by a collective bargaining unit wheneverthe best interests of the state would be served thereby. Any such employee maybe transferred to a comparable position upon the approval of the director ofthe department administration and the personnel administrator.
In the case of an intra-agency transfer, the purpos.e of such transfer is toimprove both a receiving agency's operation and the sending agency'soperation in managing the state's human resources. It is anticipated that stateoperations will be improved by utiliziug the skills and expertise of a transferredemployee for specific operation(s) and or project(s).
A "comparable position" is defined as a job assignment with duties andresponsibilities and/or knowledge, skills, and abilities which are reasonably .similar to the general nature of work inthe employee's current position and/orthose contained in prior positions held by the employee. Considerations mayinclude currerit eillployment, prior employment/work experience andeducation/training.
An employee transferred pursuant to RIGL 36-4-34.1 (1996) entitled "Transferof state employees" shall be subject to the following:
• shall be under the supervision of the appointing authority of the receiving agency duringthe period assigned in the case of an inter-agency transfer
• shall retain his/her civil service status, rate of pay, benefits and all rights and privilegespursuant to Rhode Island General Laws
• may be transferred initially for a period of up to one (1) year's duration and may befurther extended with the approval of the personnel administrator
• may retain his/her class of position or may be placed on an authorized leave from his/herclass of position for the term of transfer subject to the approval of the appointingauthority(s) involved and the director of administration
An appointing authority who initiates a request for an employee transfer maybe obligated to provide funding for the term of the transfer.
12.01
12.011
12.012
12.013
12.0212.021
12.022
12.023
12.024
12.025
12.026
RULE XIIEQUAL OPPORTUNITY
ORGANIZATION AND METHOD OF OPERATIONS
Organization - the RI General Law 28-5.1, regarding Eqnal Opportunity andAffirmative Acton Policy, establishes the Rhode Island State EqualOpportunity Office and sets forth its procedures and authority
Function - It is the function of the Rhode Island State Equal OpportunityOffice to enforce the Law which prohibits discrimination because of race, color,religion, sex, age, national origin, handicap or sexual orientation, in the field ofemployment in Rhode Island State Government.
Method of Operation - The Office accepts, from both State employees andapplicants for State employment, complaints of discrimination that are basedon race, color, sex, religion, age, national origin, handicap, sexual orientation orsexual harassment. The Office will investigate the allegations and shall makeevery effort by informal conference, conciliation and persuasion to achievecompliance. When these methods do not resolve a charge or complaint' theOffice will conduct a formal hearing.
DEFINITIONS - WHERE USED IN THESE RULES AND REGULATIONSThe term "Law" shall mean RI General Law 28-5.1 on Equal Opportunity andAffirmative Action;
The term "Executive Order" shall mean the Governor's Executive Order onSexual Harassment
The terms "Charge or Complaint" shall mean a written allegation of a CivilRights Violation, filed with the RI State Equal Opportunity Office, by anindividual stating that (s)he has been discriminated against by reason of race,color, religion, sex, age, national origin, handicap, sexual orientation or sexualharassment.
The term "Civil Rights Violation" shall refer to any discriminatory acts orpractices.
The term "Administrator" shall mean the Administrator of the Rhode IslandState Equal Opportunity Office.
The term "Office" shall mean the Rhode Island State Equal OpportunityOffice.
12.027 The term "Department" shall mean an agency in Rhode Island StateGovernment.
12.028 The term "Complainant" shall mean an individual filing a complaint of allegeddiscrimination in accordance with the Law or Executive Order.
12.029 The term "Respondent" shall mean a person or agency against whom analleged charge or complaint is flIed in accordance with the Law or ExecutiveOrder.
12.0210 The term "Hearing Officer" shall mean the person authorized by the StateEqual Opportunity Office to conduct formal hearings regarding alleged CivilRights Violations, filed with the RI State Equal Opportunity Office.
12.0211 The term "Discrimination" shall mean:
(a) prejndice or prejudicial outlook, action or treatment toward individuals whoare not equally considered for appointments, promotions, transfers, trainingand work assignments based on race, color, religion sex, age, national origin,handicap, sexual orientation or sexual harassment.
(b) a violation of any state or federal nondiscrimination statue, regulation, or.executive order.
12.03 .
12.031
12.032
PRACTICE BEFORE THE STATE EQUAL OPPORTUNITY OFFICE
Any person may appear before the Office in his/her own behalf. Except as mayotherwise be provided by law, no person may appear in a representativecapacity before the Office other than (a) attorneys-at-law duly qualified andentitled to practice before the Supreme Court of the State of Rhode Island, (b)attorneys-at-law duly qualified and entitled to practice before the highest courtof any other state, to appear in a representative capacity before administrativeagencies of such other state, (c) such other persons as by law are expresslyauthorized to appear in representative capacities, and, (d) a bona fide officer ofthe agency (respondent) if the Office deems appropriate and is not otherwiseprohibited by State Law.
All persons appearing in proceedings before the Office in a representativecapacity shall conform to the standards of ethical conduct required of attorneysbefore the courts of Rhode Island. If any such person does not conform to suchstandards, the Office may decline to permit such person to appear in arepreseutative capacity in any proceeding before the Office.
12.04
12.041
12.042
12.043
(a)(b)
(c)
(d)
12.044
(e)
(1)
12.045
CHARGE
Who May File
State employees and applicants for state employment may file a charge at anytime within ten (10) working days of the knowledge of the alleged incident ofdiscrimination. If the alleged violation is of a continuing nature, the date ofoccurrence may be any date subsequent to the commeucement of the violationup to and iucluding the date on which it shall have ceased.
A charge shall be in writing and signed by the complainant using the formsupplied by the RI State Equal Opportunity Office.
Contents
A charge shall be in such detail as to substantially apprise the Office of thetime, place, and facts with respect to the alleged violation. It should contain thefollowing:
The full name, address and telephone number of the persou making the charge.The name and address of the State Agency, persous against whom ,the charge ismade.A statement of facts alleged to constitute the violation, including the date,time,and place thereof.A statement describing any other action instituted by/on behalf of thecomplainant in any other form.
Acceptance of Charge
The Office shall accept for, hearing any charge which it receives from anindividual in compliance with the foregoing provisions of this article.
In the event the Office receives a written statement from an individual whichdoes not comply substantially with Sections 4.02, 4.03 hereof, the Office mayaccept and docket the statemeut as an unperfected charge. The Office shallnotify the complainant in writing of the elements which must be supplied toperfect the charge. If the individual fails or refuses to perfect the charge asspecified, the charge may be dismissed.
Amendment
A charge or any part thereof, may be amended by the complainant to curetechnical defects or omissions, or to clarify or amplify allegations made therein,
12.046
12.05
12.051
12.052
12.053
or to set forth additional facts or allegations related to the subject matter of theoriginal charge, such amendments shall relate back to the original filing date.
Withdrawal of Charge
A charge or any part thereof, may be withdrawn by the complainant at anytime. A complainant's request to withdraw a charge shall be in writing, signed,and witnessed. The Office shall approve the request if it is knowingly andvoluntarily made, and shall promptly so notify all parties in writing.
PROCEDURE UPON CHARGE
Docketing and Service of Charge
Each charge, once fled, shall be docketed and assigned a case number by theOffice. The respondent shall be notified within five (5) days following the dateof filing. The "complainant will be notified that the charge is being processed
Maintenance of Records
Not withstanding any other provision of these rules and regulations, once acharge has been served on a respondent, the respondent shall preserve allrecords and other evideuce which may be relevant to the case IIntil the matterhas been finally resolved.
Investigation
After a charge has been filed, the Office staff shall institute an investigation toascertain the facts relating to the civil rights violatiou as alleged in the chargeand any amendments thereto. During the investigation of a charge, theadministrator or office employee supervising the investigation may request theattendance of witnesses or the production for examination and copies of anybooks, records or documents
12.054 Determination After Investigation
(a) Report - After investigations of a charge, a report inclusive of all facts findingsand recommendations will be prepared and submitted to the Administrator fordetermination of probable cause.
(b) Dismissal- If there is no conclusive evidence of probable cause, a written uoticedismissing the case will be sent to all interested parties.
(c) Substantial Evidence - If probable cause of a civil rights violation is evident, theOffice will serve notice of such determination advising both parties thatconciliation efforts will take place.
(d) Conciliation - The Office will proceed to conciliate the settlement of the chargeand prevent the repetition of future civil rights violations. If an agreement isnot reached, a forma hearing will be scheduled.
12.06 CONDUCT OF HEARING
All hearings shall be held pursuant to Chapter 35 of Title 42 of the RhodeIsland General Laws.
12.07 FORMAL HEARINGS
The respondent to a complaint may file a written answer to the complaint,appear at the hearing, give testimony and be represented by connsel and mayobtain from the Office, a sUbpoena for any person or for the production of anyevidence pertinent to the proceedings. The complainant must be present at thehearing and may be represented by counsel.
12.071 The Hearing Officer from the RI State Eqnal Opportunity Office shall hear thecase and make a decision based on the evidence presented thereto. TheHearing Officer shall not be bound by the formal rules of evidence governingconrts of law, but shall permit reasonable direct and cross examination and the,submissiou of briefs. Testimony at the hearing shall be taken uuder oath andrecorded by tape or otherwise.
12.072 Sequence of the Hearing
(a) Introduction ofthe Hearing Officer(b) Administration of oath to the parties and witnesses(c) Complainant's Presentation(d) Respondent's Presentation(e) Complainant's closing statements(f) Respondent's closing statements
12.073 Appearance
The complainant must be present at the hearing and may present testimony orevidence and may either in person or by counsel, examine or cross-examinewitnesses. If after receiving proper notice, the complainant does not appear atshe hearing the complainant may be dismissed
12.074 Continuation and Adjournment
12.075
12.076
12.077
12.08
12.081
12.082
The Hearing Officer or administrator may continue or adjourn the hearing to alater date.
Improper Conduct
The Hearing Officer may exclude from the hearing room or from furtherparticipation in the proceedings any person that engages in improper conduct.Exceptions to this are only a party or hisfher attorney or a witness engaged intestifying.
Sequestering Witnesses
The Hearing Officer may sequester witnesses from the hearing until the time oftheir testimony.
Findings
If the Hearing Officer finds from the evidence that the respondent has engagedin a discriminatory practice, (s)he shall make written findings of fact,conclusion of law and the decision. Within five (5) days after the decision of the 'Hearing Officer, the Office shall inform the parties of record of the decision.As part of its order, the; Office may require the respondent· to pay actualdamages to the complainaJ,it and to take such affirmative action as the HearingOfficer considers necessary, inCluding a..requirement for reports of the manner·of compliance..
If the Hearing Officer finds from the evidence that the respondent has notengaged in a discriminatory practice, the Office shall make written findings offact and serve the complainant and respondent with a copy of the findings offact and with an order dismissing the complaint.
GUIDELINES ON DISCRIMINATION BECAUSE OF SEXUALHARASSMENT
Harassment on the basis of sex is a violation of Executive Order No. 85-13.Unwelcome sexual advances, requests for sexual favors, and other verbal orphysical conduct of a sexnal nature constitutes sexual harassment when (1)submission to such conduct is made either explicitly or implicitly a term orcondition of an individual's employment, (2) submission to or reflection of suchconduct by an individual is used as the basis for employment decisions affectingsuch individual, or (3) such conduct has the purpose or effect of unreasonablyinterfering with an individual's worl{ performance or creating an intimidating,hostile, or offensive working environment.
In determining whether alleged conduct constitutes sexual harassment, theState Equal Opportunity Office will look at the record as a whole and at the
12.083
12.084
12.085
12.86
12.09 I.
totality of the circumstances, such as the nature of the sexual advances and thecontext in which the alleged incidents occurred. The determination of thelegality of a particular action will be made from the facts on a case by casebasis.
The appointing authority is responsible for the acts of its agents andsupervisory employees with respect to sexual harassment, regardless ofwhether the specific acts complained of were authorized or even forbidden bythe appointing authority and regardless of whether the appointing authorityknew or should have known of their ocCurrence. The State Equal OpportunityOffice will examine the circumstances or the particular employmentrelationship and the job functions performed by the individual in determiningwhether an individual acts in ether a supervisory or agency capacity.
With respect to persons other than those mentioned in paragraph (c) of thissection, an appointing authority is responsible for acts of sexual harassment inthe workplace where that appointing authority or its agents or supervisoryemployees knows or should have known of the conduct. An appointingauthority may rebut apparent liability for snch acts by shOWing that it tookimmediate and appropriate corrective action.
Prevention is the best tool for the elimination of sexual harassment. Auappointing authority ·should take all :steps necessary to prevent sexualharassment from. occurring, .such as affirmatively raising the subject,.expressing strong disapproval, developing appropriate sanctions, informing theemployees of their right to raise and how to raise the issue of harassment, anddeveloping methods to sensitize all concerned.
An employee wishing to file a charge of sexual harassment will use the"Discrimination Grievance Procedure" established by the State EqualOpportunity Office.
Equal opportunity and affirmative action toward its achievement is the policyof all units of Rhode Island state government, including all public and quasipublic agencies, commissions, boards and authorities; and in the classified,unclassified and non-classified services of state employment; provided that themandatory provisions of this section shall not apply to the legislative branch ofstate government.
II. This act does not guarantee employment of minorities, but it provides theappointing authority with the increased opportunity, to originally orpromotionally appoint qualified minorities from an eligibility list. Originalappointment is defined as the process applicable to initial entrance into state
service. Promotional appointment is defined as the process applicable to theupward nobility opportunity for existing state employees. Aminority iscurrently defined in federal employment law as Blacks, Hispanics, AmericanIndians, including Alaska Natives, and Asians iucluding Pacific Islauders. H8005 affords the opportunity for the authorization of a supplementalcertification process whenever there exists a "manifest imbalance" in aparticular job category. "Manifest imbalance" is defined meaning there is anunderrepresentation of minorities based on a demographic analysis.
III. The State Equal Opportunity Administrator shall serve as the Chief ExecutiveOfficer of the State Equal Opportunity Office and shall be responsible formonitoring and enforcing all equal opportunity laws, programs and policieswithin State government.
IV. No later than July 1st each department or agency excluding the legislativebranch of state government, shall submit to the State Equal Opportunity Officeaud the House Fiscal Advisor sufficient data to enable the State EqualOpportunity Office and the House Fiscal Advisor to determine whether theagency achieved the hiring goals contained in its affirmative action plan for theprevious year. If the hiring goals contained in the previous year's plan werenot met, the agency shall also submit with such data a detailed explanation asto why the goals were not achieved.
. V. The State Equal Opportunity Administrator will initiate a complaint against' ..any agency .exclllding the legislative branch, who fails to comply with theprovision set forth in Section I. Whenever the Equal Employment OpportunityAdministrator initiates such a complaint, he or she shall cause to be issued andserved in the name of the Equal Opportunity Office, a written notice, togetherwith a copy of such complaint requiring that the agency, administrator, agentor employee respond thereto and appear at a hearing at a time and placespecified in such notice. The Equal Opportunity Office shall follow its lawfullyadopted rules and regulations concerning hearings of discriminationcomplaints.
VI. A final order of the Equal Opportunity Office shall constitute an "order"within the meaning of Section 42-35-1 0) of the general laws; shall beenforceable as such; shall be rendered in accordance with Section 42-35-12 ofthe general laws; and shall be subject to judicial review in accordance withSection 42-35-15 ofthe general laws.
VII. The Office of Personnel Administration shall take positive steps to insure thatthe entire examination and testing process, including the development of jobspecifications and employment qualifications, is free from either conscious orinadvertent bias and shall review all recruitment or promotional proceduresfor all State agencies covered by this chapter for compliance with federal and
state law, and bring to the attention of the Equal Opportnnity Administratormatters of concern to its ,jurisdiction.
VIII. The Personnel Administrator may use open continuous competitive tests toestablish lists and fill vacancies where there is a manifest imbalance ofminorities in the job category.
IX. A minority is eligible for a promotional examination if they are currentlyemployed in state service as of the official closing date of the examinationannouncement or twenty-one (21) calendar days prior to the first phase of theexamination, whichever is later, and is a qualified exam applicant seeking entryinto a classification where there is a manifest imbalance in the job category.This sectiou shall not be applicable to the Rhode Island State Police or thelegislative branch of state government.
X. The Office of Labor Relations shall propose in negotiations the inclnsion ofaffirmative action language snitable to the need for attaining and maintaining adiverse workforce.
XI. There is hereby created a five (5) member committee which shall monitornegotiations with all collective bargaining units within State governmentspecifically for equal opportunity and affirmative action interests. Themembers of that committee shall includ4e the Director of the Rhode IslandCommission for Human Rights, the Equal Opportunity Administrator, thePersonnel Administrator,one (1) member of the House of Representativesappointed by the Speaker, and one (1) member of the Senate appointed by the.Senate Majority Leader. The initial meeting shall be called by the EqualOpportunity Administrator. The committee shall elect a chairperson who shallpreside over said committee.
XII. The Appointing Authority, along with the certification of the EqualOpportunity Administrator and the Personnel Administrator, shall determinejob categories for which there exists a "manifest imbalance." These jobcategories are defined in the Agency Affirmative Action Plan and identifiedwith the proper job category code in the Official State Classified andUnclassified Pay Plan.
XIII. At least seven (7) days prior to certifying names under this Section, theAppointing Authority shall post a notice of intention to do so in the offices ofthe Personnel Administrator and of the Equal Opportunity Administration andshall make a copy of such notice to the applicable union, if any, withinstructions to post copies of such notice at all locations where persons whosenames may be certified under the provisions of this Section may, if employed,be assigned.
XlV. Supplemental Certification in the civil service is created to eliminate the overalladverse impact of systemic barriers to the employment of minorities as aprotected class, and the Office of Personnel Administration shall provide allappointing authorities the necessary flexibility to remedy the effects of systemicdiscriminatory practices.
XV. A Supplemental Certification List of minorities may be called for in addition tothe appropriate employment or promotion list, except in the followinginstances:
(1) The absence of statistical data or reasonable evidence to show significantpast discrimination or patterns of possible discrimination and/or adverseimpact on the protected classes;
(2) The presence of at least one minority ranked among the three personsstanding highest on the list of persons certified by the PersonnelAdministrator for the position in question;
(3) The absence of any minorities on the appropriate list; or(4) Any instance in which the department or agency is subject to a
contradictory or inconsistent court order.XVI. Supplemental Certification, based on race or color as a protected class, shall
be made by an appointing authority whenever:(1) The appointing authority shall make requisition to fill one (1) or more positions,
wherever a manifest imbalance is identified within the department'sAffirmative Action Plan.
(2) Eligible minorities must have passed an examination for classification beingrecruited and/or other list deemed appropriate by the PersonnelAdministrator.
(3) In certifying names for appointment to a classification for which supplementalcertification being recruited, the Personnel Administrator shall includeupon the applicable list the names of six (6) persons certified pursuant tothis section.
XVII. Whenever an agency is seeking supplemental certification, they shall indicatesaid desire on appropriate forms seeking eligibles to the Office of PersonnelAdministration.
XVIII. The State Equal Opportunity Administrator shall develop and implementrecrnitment plans to assure that adequate consideration is given to minorityapplicants for all positions wherein no list exists in those job categories where amanifest imbalance exists, excluding those job categories in the legislativebranch of government.
12.10 Equal Employment Opportunity
(a) Retaliation or Coercion
Any empioyee or agent of state government who shall discriminate against anindividnal throngh the nse of retaliation, coercion, intimidation threats or othersuch action hecause such individual has filed a complaint, testified orparticipated in any way in any investigation, proceeding or hearing regardingdiscrimination iu employment or public service, or because such iudividual hasopposed any act made under the Americans with Disabilities Act (ADA) orunder Rhode Island Fair Employment Practices Act or any rules regulationsissued pursuant to either, shall be subject to disciplinary action. Said actionmay include suspension from employment or dismissal where thediscrimination is found to be willful or repeated.