An Act To Promote Recruitment and Retention of State Employees
Maine Legislature, Session 127, LD 1663
Committee: State and Local Government
Sponsors: CUSHING
Amends: 5 MRSA §7031, 5 MRSA §7065

Legislative Document 
No. 1663 
S.P. 680 
In Senate, March 17, 2016 
An Act To Promote Recruitment and Retention of State Employees 
Reference to the Committee on State and Local Government suggested and ordered printed. 
HEATHER J.R. PRIEST 
Secretary of the Senate 
Presented by Senator CUSHING of Penobscot.  (GOVERNOR'S BILL) 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  5 MRSA §7031, last ¶, as enacted by PL 1985, c. 785, Pt. B, §38, is 
amended to read: 
It is not the intent of the Legislature in this chapter or any part of it to limit or restrict 
the rights of state employees to bargain collectively as provided in Title 26 to provide a 
framework under which collective bargaining as provided for in Title 26 can take place 
for any matters not removed from bargaining. 
Sec. 2.  5 MRSA §7065, as amended by PL 2007, c. 466, Pt. A, §§19 and 20, is 
further amended to read: 
§7065.  Compensation plan 
The director shall, as soon as practicable after the adoption of the classification plan, 
submit to the Legislature a proposed plan of compensation developed by the director 
showing for each class or position in the classified service minimum and maximum salary 
rates and such intermediate rates as the director considers desirable. 
1.  Salary reductions.  When the compensation plan has become effective through its 
adoption by the Legislature, it shall constitute constitutes the official schedule of salaries 
for all classes or positions in the classified service, except that, if the adoption of a 
compensation plan results in the reduction of salary of an employee, the director shall 
certify to the proper fiscal officer of the State that the employee's salary shall may not be 
subject to any reduction for a period of one year from the effective date of adoption of the 
plan. 
2.  Salary limits.  No position may be assigned a salary greater than the maximum or 
less than the minimum rates fixed in the compensation plan except as provided by 
subsection 2-D. 
2-D.  Recruitment and retention adjustments.  Subject to this subsection, the 
director, with the agreement of the bargaining agent, if applicable, may approve payment 
of recruitment and retention adjustments when the payment of a labor market adjustment 
is required to recruit and retain an adequate work force. 
A.  Payment of a recruitment and retention adjustment may be authorized only when 
justified by the following conditions. 
(1)  High turnover exists or, long-term vacancies exist or other documentable 
recruitment and retention difficulties exist within State Government in the 
relevant occupational classifications or job series. 
(2)  The relevant occupational classification or job series has a clear, 
geographically definable labor market within which the State must compete. 
(3)  All appropriate Significant recruitment and retention efforts have been 
attempted and documented and have proven ineffective at the current levels of 
compensation. 
(4)  Comprehensive, verifiable Verifiable documentation of labor market 
compensation levels for the relevant occupation has been compiled to determine 
competitive pay levels within the defined labor market.  This documentation must 
demonstrate that a labor market disparity exists and that the disparity represents a 
long-term, not transitory or seasonal, problem. 
B.  The labor market adjustment must be reviewed at least every 2 years and adjusted 
to changes in the labor market or the overall relation of the standard pay policy to the 
specialized labor market.  If the a subsequent review provided in this paragraph by 
the director of a recruitment and retention adjustment results in the an adjustment 
being decreased or discontinued, an affected employee receiving the recruitment and 
retention adjustment may not be subject to a reduction in pay. 
C.  To assist the director in making a determination under paragraphs A and B, a 
committee must be formed to evaluate each request from an agency or bargaining 
agent for a recruitment or retention adjustment.  The committee must be composed of 
a representative of the bureau, a representative of the employing agency or agencies 
and a representative of the bargaining agent, if applicable.  The committee shall 
evaluate the request against the criteria specified in paragraphs A and B and shall 
conduct studies as the committee considers necessary to evaluate the request.  The 
committee shall, by majority vote, provide the director, the agency and the bargaining 
agent, if applicable, with a report recommending and documenting adjustments 
authorized under this subsection.  The director, the agency and the bargaining agent, 
if applicable, shall act on this report.  If a funding request is necessary to implement 
an approved adjustment, the director shall submit the cost items for inclusion in the 
Governor's next operating budget within 10 days after action on the report. 
3.  Salary increases based on merit.  Salary advancements within an established 
range shall are not be automatic, but shall be are dependent upon specific 
recommendation of the appointing officer and approval of the commissioner.  The 
recommendation shall must be based upon standards of meritorious performance as 
indicated by merit ratings or other pertinent data an evaluation of an employee using 
established standards of performance.  No advancements in salary may be made until the 
employee has completed the probationary period. Meritorious performance is 
performance that exceeds satisfactory performance. 
4.  Compensation above the minimum step.  In hiring any employee, the director or 
appointing authority may employ a person who is new to a state job classification above 
the minimum level established for that classification in order to compensate that person 
for the experience or outstanding qualifications that the person may possess.  The director 
shall establish a policy to reflect the intent of this subsection. 
5.  Recruitment bonus.  In hiring an employee who has not been employed by the 
executive branch within the last 12 months, an agency may offer and pay a one-time 
recruitment bonus to the new employee.  The bonus is subject to the discretion of the 
agency and is removed from collective bargaining. 
SUMMARY 
This bill makes the following changes to the law relating to recruitment, hiring and 
retention of state employees: 
1.  Current law provides, in the negative, what the laws governing the state civil 
service system are not intended to do: limit or restrict the rights of state employees to 
bargain collectively.  This bill strikes that language and instead provides, in the positive, 
what the laws governing the state civil service system are intended to do: provide a 
framework under which collective bargaining can take place; 
2.  Current law provides that, except as provided in statute, a position may not be 
assigned a salary that is greater than the maximum or lower than the minimum rates fixed 
in the compensation plan.  This bill repeals that prohibition; 
3.  It changes the law governing recruitment and retention adjustments to remove the 
requirement that, if applicable, the Director of Human Resources within the Department 
of Administrative and Financial Services obtain the agreement of the bargaining agent; 
4.  It amends the law governing the conditions that justify the payment of a 
recruitment and retention adjustment by adding as a condition warranting the adjustment 
the existence of other documentable recruitment and retention difficulties and eliminating 
as a condition warranting the adjustment the existence of a clear, geographically 
definable labor market within which the State must compete; 
5.  It specifies that, if a subsequent review of any recruitment and retention 
adjustment results in an adjustment being decreased or discontinued, an affected 
employee may not be subject to a reduction in pay; 
6.  It eliminates the requirement that, if a funding request is necessary to implement 
an approved adjustment, the Director of Human Resources submit the cost items for 
inclusion in the Governor's next operating budget within 10 days after action on the report 
recommending the adjustment; 
7.  It specifies that salary increases within an established range must be based upon 
meritorious performance, which is defined as performance that exceeds satisfactory 
performance; and 
8.  It provides that, in hiring an employee who has not been employed by the 
executive branch within the immediately preceding 12 months, an agency may offer and 
pay a one-time recruitment bonus to the new employee that is subject to the discretion of 
the agency and is removed from collective bargaining.