An Act To Facilitate Internal Hiring by Reforming the Use of Registers in the State Civil Service System
Maine Legislature, Session 127, LD 1668
Committee: State and Local Government
Sponsors: VOLK
Amends: 5 MRSA §7036, 5 MRSA §7051, 5 MRSA §7062

Legislative Document 
No. 1668 
S.P. 682 
In Senate, March 22, 2016 
An Act To Facilitate Internal Hiring by Reforming the Use of 
Registers in the State Civil Service System 
Reference to the Committee on State and Local Government suggested and ordered printed. 
HEATHER J.R. PRIEST 
Secretary of the Senate 
Presented by Senator VOLK of Cumberland.  (GOVERNOR'S BILL) 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  5 MRSA §7036, sub-§5, as amended by PL 1999, c. 668, §10, is further 
amended to read: 
5.  Be responsible for development and implementation of system of registers of 
eligibles.  Be responsible for the development and use of registers of eligibles and the 
updating of these registers. 
The After meeting and consulting with collective bargaining representatives of affected 
employees, the director shall implement the procedures authorized by this subsection with 
the goal to establish an efficient hiring process that meets the satisfaction of the agencies 
that the office serves; 
Sec. 2.  5 MRSA §7051, sub-§6, ¶B, as amended by PL 2007, c. 466, Pt. A, §15, 
is further amended to read: 
B.  The director shall establish a policy to protect persons in temporary positions 
from remaining in a temporary position for an unreasonable period of time, not to 
exceed one year. 
Sec. 3.  5 MRSA §7062, sub-§§1 and 3, as enacted by PL 1985, c. 785, Pt. B, 
§38, are amended to read: 
1.  Placement of names on register.  In establishing registers of eligible persons 
pursuant to this section, the names of all persons attaining the minimum final earned 
ratings established by the director shall must be placed on the register in order of their 
ratings.  
3.  Removal from list prohibited under certain circumstances.  No A person may 
not be removed from a register of eligibles for:  
A.  Specifying the conditions under which the applicant will accept employment in a 
classification; 
B.  Specifying a department, bureau or division in which the applicant will accept 
employment in a classification; or 
C.  Specifying a department, bureau or division in which the applicant will not accept 
employment in a classification;. 
D.    Failure to respond in less than 3 months' time to a written inquiry of the director 
or some other appointing authority relative to availability for appointment, except as 
provided by section 7034, subsection 5, with respect to the annual update of registers 
of eligibility.  In this case, the register may be closed in the event that the person does 
not respond expeditiously, but the person's name shall not be removed from the 
register except in accordance with this paragraph; or 
E.    Failure to be appointed to a position following certification regardless of the 
number of certifications an applicant has received. 
SUMMARY 
This bill makes the following changes to the law relating to recruitment, hiring and 
retention of state employees: 
It specifies that, prior to implementing procedures regarding developing and 
implementing a system of registers of eligible persons, the Director of Human Resources 
within the Department of Administrative and Financial Services is required to meet and 
consult with collective bargaining representatives of affected employees; 
Current law limits the length of time a person in a temporary position may remain in 
that temporary position to no more than one year.  This bill removes that limitation; 
It eliminates the requirement that the Director of Human Resources place the names 
of eligible persons on the register in order of their ratings; and 
It repeals language providing that a person may not be removed from the register of 
eligible persons for failure to respond in less than 3 months' time to a written inquiry of 
the Director of Human Resources or appointing authority regarding availability for 
appointment.  It also repeals language providing that a person may not be removed from 
the register of eligible persons for failure to be appointed to a position following 
certification.