An Act To Amend the Civil Service Law with Respect to Classified Employees Who Accept Appointment to the Unclassified Service
Maine Legislature, Session 121, LD 1468
Committee: State and Local Government
Sponsors: McLAUGHLIN, PEAVEY-HASKELL
Amends: 5 MRSA §7064

Legislative Document 
No. 1468 
H.P.I073 
House of Representatives, March 27,2003 
An Act To Amend the Civil Service Law with Respect to Classified 
Employees Who Accept Appointment to the Unclassified Service 
Submitted by the Department of Administrative and Financial Services pursuant to Joint 
Rule 204. 
Reference to the Committee on State and Local Government suggested and ordered printed. 
11/~ 
/J1.1l!d£~ 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative McLAUGHLIN of Cape Elizabeth. 
Cosponsored by Representative: PEAVEY-HASKELL of Greenbush. 
Prin'N on m,ycled I"'f"'T 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRSA §7064, as amended by PL 1987, c. 402, Pt. B, 
§10, is further amended to read: 
§7064. Filling of positions 
Positions in the classified service shall must be filled by 
original 
appointment, 
promotion, 
transfer, 
reinstatement 
or 
demotion in accordance with policies and procedures developed by 
the director, with advice from the board. 
These pol icies and 
procedures shall must provide for the direct hire of positions in 
the classified service where appropriate. 
1. 
Objective. 
In developing policies and procedures for 
filling positions, the director and board shall must be guided by 
the 
principle 
of 
filling 
each 
position 
as 
efficiently 
and 
expeditiously as possible. 
The director shall strive to fill 
each position in 30 days and no later than 45 days from the date 
a 
request to fill a 
position has been received from 
a state 
agency. 
2. 
Eligibility of unclassified employees 
for classified 
service. In addition to any other provisions in this chapter, 
unclassified 
employees 
listed in 
section 
931, 
subsection 
1, 
paragraph H, and other unclassified employees, except: those cited 
in section 931, subsection 1, paragraphs A to G, and paragraphs I 
and J, and in sections 932 to 953, 
sRa-l-l--be are eligible for 
appointment to the classified service on the same basis as other 
members of the classified service. 
Notwithstanding 
any 
provision 
of 
this 
section 
to 
the 
contrary, 
a 
permanent, 
classified 
employee 
who 
accepts 
appointment to 
a 
major policy-influencing position listed in 
section 931 and in sections 932 to 952 retains, for the duration 
of 
the 
appointment, 
promotion, 
transfer 
and 
demotion 
rights 
consistent with section 7064. 
SUMMARY 
This bill permits a classified state employee who leaves the 
classified service to serve in an appointive position to retain 
promotion, transfer and demotion rights in the civil service for 
the duration of that employee's appointment in the unclassified 
service. 
The bill does 
not 
have 
an 
impact 
on unclassified 
employees who were appointed from outside of State Government. 
The bill would provide greater incentive for classified state 
employees to serve in long-term appointments to the unclassified 
service. 
Page l-LR198l(1) 
l 
The bill does not affect the 12-month restoration right 
provided to a classified employee in the Maine Revised Statutes, 
Title 5, section 931, subsection 2, paragraph C.