5 ME Rev Stat § 7036 (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 17-A: CIVIL SERVICE|Chapter 372: STATE CIVIL SERVICE SYSTEM|Subchapter 1: STRUCTURE AND AUTHORITY|Article 1: BUREAU OF HUMAN RESOURCES|5 §7036. Duties of the director

 §7036. Duties of the director The Director of Human Resources shall be responsible for the administration of this chapter. In carrying out these duties and responsibilities, the director shall:   [PL 2007, c. 240, Pt. HH, §7 (AMD).]1.  Develop administrative procedures.  Develop administrative procedures which are not subject to the Maine Administrative Procedure Act, chapter 375, with respect to the internal management of the office and the interaction of the office with other state agencies;   [PL 1985, c. 785, Pt. B, §38 (NEW).] 1-A.  Conduct employee relations activities.  Act as directed by the Governor, through the Commissioner of Administrative and Financial Services, to carry out all employee relations functions as set forth in Title 26, section 979‑A, subsection 5, paragraphs A to G.   [PL 2007, c. 240, Pt. HH, §8 (NEW).] 2.  Develop training programs.  Provide for a statewide coordinated training and organizational development system and services; develop and implement training programs to ensure that managers and supervisors have the skills and knowledge needed to manage people effectively; provide career and professional development programs for employees; provide state agencies with organizational development and management consulting services; provide technical assistance and other programs for training and organizational development; and provide supported employment and special appointment counseling and placement.   A. The director may employ staff and contract for professional services as necessary to develop and conduct training, organizational development and managerial development programs.   [PL 1989, c. 501, Pt. P, §19 (NEW).]B. Charges may be made to state agencies for programs and services provided. Any rate schedule recommended by the director is subject to the approval of the commissioner.   [PL 2007, c. 466, Pt. A, §13 (AMD).]C. The Training and Organizational Development Fund is established as a dedicated revenue account fund for the purposes of this subsection.   [PL 1989, c. 501, Pt. P, §19 (NEW).]D. No expenditures may be made from the Training and Organizational Development Fund for the purpose of providing any state employee, elected official or appointee with training intended specifically to enhance and promote their image as an individual without the authorization of the Governor;   [PL 1989, c. 501, Pt. P, §19 (NEW); PL 1989, c. 702, Pt. E, §3 (AMD).][PL 2007, c. 466, Pt. A, §13 (AMD).] 3.  Provide information.   [PL 2007, c. 240, Pt. HH, §9 (RP).] 4.  Develop career information.  Develop and distribute brochures to provide periodic seminars to state employees that provide information regarding:   A. Careers available in State Government;   [PL 1985, c. 785, Pt. B, §38 (NEW).]B. Job descriptions of the different careers or job classifications;   [PL 1985, c. 785, Pt. B, §38 (NEW).]C. Basic qualifications for and requirements of the careers or job classifications; and   [PL 1985, c. 785, Pt. B, §38 (NEW).]D. The process by which a person obtains additional information about and applies for different positions in the classified service;   [PL 1985, c. 785, Pt. B, §38 (NEW).][PL 1985, c. 785, Pt. B, §38 (NEW).] 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.   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;   [PL 2015, c. 442, §1 (AMD).] 6.  Develop and oversee job application process.  Develop and oversee the administration of the job application process with the goal to establish a very efficient process that meets the needs established in subsection 4;   [PL 1999, c. 668, §10 (AMD).] 7.  Work closely with state agencies.  Work closely and cooperate with state agencies with respect to personnel matters and personnel needs of state agencies and state employees. Personnel matters and personnel needs include, but are not limited to, the following:   A. Requests of state agencies' lists of eligible persons to fill vacant or new positions;   [PL 1985, c. 785, Pt. B, §38 (NEW).]B. Requests of state agencies for reclassifications and reallocations of positions;   [PL 1985, c. 785, Pt. B, §38 (NEW).]C. Requests of state employees for information about job opportunities in State Government; and   [PL 1985, c. 785, Pt. B, §38 (NEW).]D. Requests of state employees for job reclassifications and reallocations.   [PL 1985, c. 785, Pt. B, §38 (NEW).]The director shall, at least once a year, meet with the commissioners and directors of other state agencies to discuss, individually, the personnel needs and problems of each state agency and proposed solutions that may be offered by the various agencies. The director shall also discuss with each agency any future changes to the civil service system that the director intends to propose;   [PL 2007, c. 466, Pt. A, §14 (AMD).] 8.  Establish and implement job performance evaluation process.  Establish and implement an employee job performance evaluation process to be used by all agencies with employees in the classified service. The job performance evaluation procedure must be consistent in its use and application among all classified service employees;   [PL 1999, c. 668, §10 (AMD).] 9.  Respond to requests of applicants for information concerning their qualifications for positions in State Government.  Respond to requests of applicants and provide information to the applicants with respect to their qualifications, including their test scores, strengths of the applicants, weaknesses of the applicants, areas in need of improvement and the means by which the applicants may improve qualifications;   [PL 1985, c. 785, Pt. B, §38 (NEW).] 10.  Undertake long-term and short-term planning.  Undertake long-term and short-term planning with respect to the needs of the civil service system within the ensuing year and in the next 5 years. The director shall focus on the types of positions, qualifications and requirements for these positions, technologies and types of procedures necessary to maintain an efficient, modern, comprehensive, conscientious and effective state employee labor force;   [PL 1985, c. 785, Pt. B, §38 (NEW).] 11.  Investigate complaints.  Investigate complaints and problems relating to the administration and operation of the civil service system and inform the joint standing committee of the Legislature having jurisdiction over State Government of any legislation necessary to resolve the problems;   [PL 1985, c. 785, Pt. B, §38 (NEW).] 12.  Coordinate and use State Government services.  Coordinate and use the services available to State Government to create an effective, motivated state employee labor force, including the services of the Bureau of Employment Services; the Welfare Employment, Education and Training, WEET, program of the Department of Health and Human Services; and any other services that are appropriate to the purpose of the Bureau of Human Resources;   [PL 1995, c. 560, Pt. G, §4 (AMD); PL 1995, c. 560, Pt. G, §29 (AFF); PL 2003, c. 689, Pt. B, §6 (REV).] 13.  Evaluate the operation of the civil service system.  Evaluate the operation of the civil service system and report its findings to the joint standing committee of the Legislature having jurisdiction over State Government by October 15th of each year. This report shall include, at a minimum, the following:   A. The turnover rate in the state employee labor force for the classified and the unclassified services for the previous fiscal year;   [PL 1985, c. 785, Pt. B, §38 (NEW).]B. The turnover rate for each job classification for the previous fiscal year;   [PL 1985, c. 785, Pt. B, §38 (NEW).]C. The total number and disposition of job reclassification requests, which shall also indicate the period of time for a final decision for each request;   [PL 1985, c. 785, Pt. B, §38 (NEW).]D. The number of vacancies, occurring in the previous fiscal year, which required recruitment of personnel and the length of time required to fill each vacancy. The time period shall be measured from the time of notice of departure, transfer or promotion of the previous incumbent to the successor's assumption of the position;   [PL 1985, c. 785, Pt. B, §38 (NEW).]E. The reason for the occurrence of each vacancy that occurred in the previous fiscal year to include job promotion, problems with management and any other causes for the vacancies; and   [PL 1985, c. 785, Pt. B, §38 (NEW).]F. The training programs instituted by the bureau and the number of persons completing these programs in the previous fiscal year;   [PL 1985, c. 785, Pt. B, §38 (NEW).][PL 1985, c. 785, Pt. B, §38 (NEW).] 14.  Employ staff and other assistance.  Employ staff, who must be employed in the classified service in accordance with the Civil Service Law. Persons appointed to major policy-influencing positions are unclassified and serve at the pleasure of the director. The classified and unclassified employees in the Bureau of Human Resources shall comply with section 7056-A, defining the political activities in which the employees may engage. All managerial, policy-influencing and professional employees in the bureau must be qualified by education, training and experience in the administration of personnel systems;   [PL 1997, c. 498, §4 (AMD).] 15.  Prepare a budget.  Prepare a budget for the administration and operation of the Bureau of Human Resources in accordance with the provisions of law that apply to departments of State Government;   [PL 1985, c. 785, Pt. B, §38 (NEW).] 16.  Meet with Policy Review Board.   [PL 1999, c. 668, §11 (RP).] 17.  Adopt rules.  Adopt rules in accordance with the Maine Administrative Procedure Act, chapter 375, with respect to:   A. Provisional, emergency, exceptional and temporary appointments;   [PL 1985, c. 785, Pt. B, §38 (NEW).]B. Leave of absence, resignation, hours of service, vacation and sick leave;   [PL 1985, c. 785, Pt. B, §38 (NEW).]C. Personnel records;   [PL 1985, c. 785, Pt. B, §38 (NEW).]D. Suspension, lay off, dismissal and demotion;   [PL 1985, c. 785, Pt. B, §38 (NEW).]E. Promotion in the classified service;   [PL 1985, c. 785, Pt. B, §38 (NEW).]F. Probationary periods;   [PL 1985, c. 785, Pt. B, §38 (NEW).]G. Certification of payrolls;   [PL 1985, c. 785, Pt. B, §38 (NEW).]H. Eligible registers;   [PL 1985, c. 785, Pt. B, §38 (NEW).]I. Classification of positions in the classified service;   [PL 1985, c. 785, Pt. B, §38 (NEW).]J. Compensation plan;   [PL 1985, c. 785, Pt. B, §38 (NEW).]K. Examination for admission to the classified service;   [PL 1985, c. 785, Pt. B, §38 (NEW).]L. Transfer;   [PL 1985, c. 785, Pt. B, §38 (NEW).]M. In-service training;   [PL 1985, c. 785, Pt. B, §38 (NEW).]N. Service ratings; and   [PL 1985, c. 785, Pt. B, §38 (NEW).]O. Alternative work hours;   [PL 1985, c. 785, Pt. B, §38 (NEW).][PL 1985, c. 785, Pt. B, §38 (NEW).] 18.  Records.   [PL 1987, c. 402, Pt. B, §§6, 7 (RP).] 19.  Hearings.  In the course of any investigations under chapters 56, 65, 67, 71 and this chapter, hold hearings for the purpose of gathering information. The hearings are not adjudicatory proceedings under the Maine Administrative Procedure Act, chapter 375. In conjunction with the hearings, the director may administer oaths and subpoena and require the attendance of witnesses and the production of books, papers, public records and other documentary evidence pertinent to the investigation.   In case of the refusal of any person to comply with any subpoena issued under this subsection or to testify to any matter regarding which that person may be lawfully interrogated, the Superior Court in any county on application of the commissioner may issue an order requiring that person to comply with the subpoena and to testify; and any failure to obey the order of the court may be punished by the court as a contempt of the court;   [RR 2001, c. 2, Pt. A, §8 (COR).] 20.  Contract and enter into agreements.  Enter into contracts and agreements to achieve the purposes of this chapter;   [PL 1985, c. 785, Pt. B, §38 (NEW).] 21.  Enforcement.  To enforce the observance of the Civil Service Law and the rules made under it;   [PL 1985, c. 785, Pt. B, §38 (NEW).] 22.  Records.  Keep a full and complete record of adjudicatory proceedings, including hearings on matters of classification, reclassification or allocation, in accordance with the Maine Administrative Procedure Act, chapter 375, sections 9059 and 9061, and to keep a record of votes taken in rule-making proceedings in accordance with the Maine Administrative Procedure Act, section 8056, and to keep full and complete minutes of investigatory hearings. These records and minutes must be open to public inspection unless otherwise provided by law;   [PL 1991, c. 528, Pt. III, §17 (AMD); PL 1991, c. 528, Pt. RRR (AFF); PL 1991, c. 591, Pt. III, §17 (AMD).] 23.  Organization and decentralization.  Organize the bureau as the director determines most efficient and to decentralize personnel management among the various departments and agencies of the State consistent with the requirements of section 7031 and determined in the best interest of efficient administration;   [PL 1991, c. 528, Pt. III, §17 (AMD); PL 1991, c. 528, Pt. RRR (AFF); PL 1991, c. 591, Pt. III, §17 (AMD).] 24.  Administer state employee health insurance program for state employees.  Administer the Employee Health Insurance Program and the fund accounts established for this purpose by sections 286, 286-A and 1731;   [PL 1991, c. 528, Pt. III, §18 (NEW); PL 1991, c. 528, Pt. RRR (AFF); PL 1991, c. 591, Pt. III, §18 (NEW).] 25.  Administer proactive state employee health and safety program.  Work with other bureaus and departments and state employees and their representatives to establish policies and programs that minimize the risk of injury to and incidence of illness among state employees, to include the administration of a first aid and health service in the State House complex for state employees and State House visitors;   [PL 2007, c. 240, Pt. HH, §10 (AMD).] 26.  Administer employee assistance program for state employees.  Oversee and direct an employee assistance program for the purpose of assisting state employees to address and overcome personal difficulties that interfere with performance and productivity;   [PL 2003, c. 230, §1 (AMD).] 27.  Administer state employee workers' compensation program.  Administer the program of workers' compensation for state employees in conjunction with the programs for health and wellness and health insurance; and   [PL 2003, c. 230, §2 (AMD).] 28.  Ensure establishment of policies regarding complaints against state employees.  Ensure that each state agency establishes a policy that makes certain that complaints filed by the public against a state employee or group of state employees are addressed by that agency. Each agency policy must ensure that there are written instructions describing the most effective way for the public to file a complaint with the agency, a procedure for the agency to address complaints from the public and a provision that requires the agency to notify a complainant of the outcome of the complaint. This subsection does not authorize the release of confidential information that may not otherwise be released to the public.   [PL 2003, c. 230, §3 (NEW).] SECTION HISTORY PL 1985, c. 785, §B38 (NEW). PL 1987, c. 402, §§B6,B7 (AMD). PL 1989, c. 501, §P19 (AMD). PL 1989, c. 702, §E3 (AMD). PL 1991, c. 528, §§III17,18 (AMD). PL 1991, c. 528, §RRR (AFF). PL 1991, c. 591, §§III17,18 (AMD). PL 1991, c. 780, §§Y95,96 (AMD). PL 1995, c. 560, §G4 (AMD). PL 1995, c. 560, §G29 (AFF). PL 1997, c. 498, §4 (AMD). PL 1999, c. 668, §§10,11 (AMD). RR 2001, c. 2, §A8 (COR). PL 2003, c. 230, §§1-3 (AMD). PL 2003, c. 689, §B6 (REV). PL 2007, c. 240, Pt. HH, §§7-10 (AMD). PL 2007, c. 466, Pt. A, §§13, 14 (AMD). PL 2015, c. 442, §1 (AMD).